Xerox Maintenance

THIS IS A COMBINED SYNOPSIS/SOLICATION for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only publication. Solicitation number M67001-13-Q-0115 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-65 January 29, 2013 and DFARS change Notice DCN 20130228 . The North American Industrial Classification System (NAICS) code for this requirement is 811212 and small business size standard is $25.5 million. This requirement is being procured utilizing FAR Part 13 procedures. This solicitation is for a maintenance and support agreement for a Xerox Copier WCP3545G Serial Number: TFN678234 for MCB Camp Lejeune, NC. This RFQ is intended to describe the materials and services that will satisfy the Government's requirement. Nomenclature U/I Qty CLIN Base 0001 Xerox maintenance service MO 12 0002 Excess black and white copies LOT 1 0003 Excess color copies LOT 1 Description: Full service maintenance for serial number TFN678234 (WCP3545G). Includes monthly maintenance fee, and supplies for 100 color prints and 5000 black and white prints per month. Period of Performance: 1 April 2013 - 30 March 2014. Option 1 1001 Xerox Maintenance service MO 12 1002 Excess black and white copies LOT 1 1003 Excess color copies LOT 1 Description: Full service maintenance for serial number TFN678234 (WCP3545G). Includes monthly maintenance fee, and supplies for 100 color prints and 5000 black and white prints per month. Period of Performance: 1 April 2014 - 30 March 2015. Option 2 2001 Xerox Maintenance service MO 12 2002 Excess black and white copies LOT 1 2003 Excess color copies LOT 1 Description: Full service maintenance for serial number TFN678234 (WCP3545G). Includes monthly maintenance fee, and supplies for 100 color prints and 5000 black and white prints per month. Period of Performance: 1 April 2015 - 30 March 2016. Place of performance: The Government requires services within 10 days after receipt of order. The location of the printer is H17 on MCB Camp Lejeune, NC 28546 Evaluation and Basis of Award: The basis for award is lowest Price Technically Acceptable. The award will be made to the quoter that provides the quote that is the lowest price technically acceptable (LPTA), with a satisfactory record of past performance. Pursuant to FAR 13.106-1 (a) (2), the criteria for evaluation are: (1) Price; (2) Ability to meet the required Period of Performance (POP) dates; and (3) Past Performance. Vendors shall provide at least two (2) relevant past performance references with their quote. Reference information shall include agency or business name, contract number, dollar amount, point of contact (include phone number and email address), for which your firm has provided the same or similar services or supplies. Firms without a record of relevant past performance must affirmatively state that no relevant past performance is available. Such firms will receive a neutral rating that will be evaluated neither positively nor negatively. Relevant past performance is defined as performance of contracts of similar size scope & complexity as this requirement performed within the past three (3) years. For the purpose of this RFQ, similar in scope means the provision, delivery & installation of similar quantity and quality items. The Government reserves the right to obtain & use past performance information from sources other than those listed in the quote, to include prior dealing with the government & personal knowledge of the company. The Government intends to evaluate quotes and award a contract without conversations with vendors. Vendors should not expect requests for clarification or additional information from the Government. Therefore, the vendor's initial quote should contain the vendor's best terms for a price and technical standpoint. The Government may reject any or all quotes if such action is in the public interest and may waive informalities and minor irregularities in quotes received. Instructions for the Submission of Quotes: 1. The Government will conduct the price evaluation required by FAR 13. a. The vendor's submitted price quote must reflect unit prices and extended/overall amounts. b. All submitted pricing must be actual "face-value" pricing, having already accounted for any discounts offered and extended to the Government. All quotes submitted shall be the Contractor's best pricing. c. Offers must state the following information on quote: Unit Price, Extended Price, total price. Vendor shall provide the following information: Cage Code: _______________ Duns number: _____________ Invoice terms: _____________ 2. Quotes should be clearly and concisely written as well as neat and logically assembled. The vendor shall prepare and submit an original quote. The vendor's name and company identification information shall appear only on the cover of the technical quote. Failure to follow this instruction may result in rejection of the entire quote. The closing date and time for this solicitation is 25 March 2013 at 1:30 PM EDST. Submit quote and other inquiries to billy.hung@usmc.mil or fax to (910)451-2193. Base Security Access Requirements - MCB Camp Lejeune 1.1 Business Access Definition. Contractor/subcontractor employees requiring installation access for periods from one day to one year to the bases listed above shall obtain a Business Access Identification Badge for that particular installation. Regularly scheduled delivery personnel, to include FEDEX, UPS, Pick-up and deliveries, should also follow the Business Access guidelines described below. Personnel requiring Business Access Identification Badges shall submit all documentation listed below. Badges are not required if the contracted position requires the employee to obtain a Common Access Card (CAC) which will be identified separately within the Government contract. 1.2 Installation Security Access Requirements. Contractor shall accomplish the security requirements below within 10 days after award or prior to performance under the contract. All costs incurred as a result of adhering to these requirements shall be borne by the Contractor. All costs incurred as a result of adhering to these requirements shall be borne by the Contractor. 1.3 Business Access Identification Badge Requirement. The US Government will issue badges to contractor personnel without charge. Badges will be issued for one year or duration of contract whichever is less. In order to obtain a Business Access Identification Badge and access to MCB, Camp Lejeune, and satellite activities, or MCAS New River, all personnel providing services under this contract shall be required to present the documentation below to the following offices, as applicable: MCB, Camp Lejeune, NC and its satellite activities. Report as follows: - 1. Identification Card Center, 59 Molly Pitcher Road for badge (910-451-2727). - 2. Vehicle Registration Office, 60 Molly Pitcher Road for vehicle decal (910-451-1158). 1.4 Photo ID. Valid state or federal issued picture identification card. Acceptable documents include state driver's license, Department of Motor Vehicles (DMV) issued photo identification, or alien registration card. 1.5 Proof of Employee Citizenship or Legal Alien Status. Acceptable documents include birth certificate, Social Security Card, Immigration and Naturalization Service (INS) forms and passports. 1.6 Denial of Access. Installation access shall be denied if it is determined that an employee: - a. Is on the National Terrorist Watch List; - b. Is illegally present in the United States; - c. Is subject to an outstanding warrant; - d. Has knowingly submitted an employment questionnaire with false or fraudulent information; - e. Has been issued a debarment order and is currently banned from military installations; - f. Is a Registered Sexual Offender or has any Felony Conviction within the past two years. 1.7 Appeal Process. All appeals should be directed to the Base Inspector's Office for any individual that has been denied access to the Base. 1.8 Display and Disposition of Badges. Contractor employees shall prominently display their badges on their person at all times. Upon completion or termination of a contract or an individual's employment, the Contractor shall collect and turn in badges to the Pass and ID Office from which it was issued. If the Contractor is unable to obtain the employee's badge for whatever reason, the cognizant Pass and ID Office will be notified within 24 hours. During the contract performance period contractors will immediately report instances of lost or stolen badges to the issuing Pass and Identification Office. 1.9 Proof of Valid Government Contract. The Contracting Department shall submit a letter from the Contracting Officer to the Pass and Identification Office indicating location of contract work, contract period, and name of prime contractor. For subcontractors, the prime contractor shall provide proof of employment on a valid Government contract (e.g., a letter [on company letterhead]) to include contract number and term. 1.10 Contractor Security Requirement Business Access Verification Form. Upon completion of the above process, Contractor shall submit to the Contracting Office the Contractor Security Requirement Business Access Verification form filled out in its entirety. (Form will be attached at time of award.) 1.11 Contractor and Subcontractor Vehicle Requirements. Each vehicle to be used in contract performance shall show the Contractor's or subcontractor's name so that it is clearly visible and shall always display a valid state license plate and safety inspection sticker. To obtain a vehicle decal, which will be valid for one year or contract period, whichever is shorter, Contractor or subcontractor vehicle operators shall provide: - a. A copy of the Contracting Officer's authorization letter w/cc to PMO; - b. A valid form of Federal or state government ID; - c. If driving a motor vehicle, a valid driver's license, vehicle registration and proof of insurance. Upon completion/termination of this contract or an individual's employment, the Contractor shall collect and turn in to Vehicle Registration all Government vehicle decals. If any are not collected, the Contractor shall notify the Vehicle Registration Office within 24 hours. 1.12 Contractor and Subcontractor Employee Vehicle Requirements. In order to obtain a vehicle decal for one year, the Contractor and subcontractor employees shall provide to the Vehicle Registration office: - a. A copy of the Contracting Officer's authorization letter w/cc to PMO; - b. Proof of employment on a valid Government contract (e.g., a letter [on company letterhead] from the prime contractor including contract number and term); - c. A valid form of Federal or state government ID; - d. If driving a motor vehicle, a valid driver's license, vehicle registration and proof of insurance. Upon completion/termination of this contract or an individual's employment, the Contractor shall collect and turn in to Vehicle Registration all Government vehicle decals. If any are not collected, the Contractor shall notify the Vehicle Registration Office within 24 hours. 1.13 Security Checks. Contractor personnel and vehicles shall only be present in locations relevant to contract performance. All Contractor personnel entering the base shall conform to all Government regulations and are subject to such checks as may be deemed necessary to ensure that violations do not occur. Employees shall not be permitted on base when such a check reveals that their presence would be detrimental to the security of the base. Subject to security regulations, the Government will allow access to an area for servicing equipment and/or performing required services. Upon request, the Contractor shall submit to the Contracting Officer questionnaires and other forms as may be required for security purposes. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions and references, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also the full text of a solicitation provision may be accessed electronically at this/these address (es): http://www.acquisition.gov/far and http://www.acq.osd.mil/dpap/dars/index.htm Clauses Incorporated By Reference 52.204-7 52.204-13 52.212-2 52.212-4 52.247-34 Central Contractor Registration Central Contractor Registration Maintenance Evaluation -- Commercial Items Contract Terms and Conditions-Commercial Items F.O.B. Destination DEC 2012 DEC 2012 JAN 1999 FEB 2012 NOV 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 252.204-7004 Control Of Government Personnel Work Product Alternate A, Central Contractor Registration APR 1992 FEB 2013 252.211-7003Alt1 Item Identification and Valuation DEC 2011 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 Clauses by incorporated by Full Text Enterprise-wide Contractor Manpower Reporting Application (ECMRA) "The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil." Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil." The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses apply to this acquisition and are listed below: 52.252-2 -- Clauses Incorporated by Reference. As prescribed in 52.107(b), insert the following clause: Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.farsite.hill.af.mil (End of Clause) Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). ___ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). ___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). _XX_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (11) [Reserved] ___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _XX_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). ___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _XX_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _XX_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). ___ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _XX_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). ___ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). ___ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _XX_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _XX_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _XX_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _XX_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _XX_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _XX_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days. (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 1 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years. (End of Clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2012) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. ____ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) _XX_ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181). (2) ____ 252.203-7003, Agency Office of the Inspector General (APR 2012)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509). (3) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (4) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (JUN 2012) (15 U.S.C. 637). (5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note). (6)(i) _XX_ 252.225-7001, Buy American and Balance of Payments Program (JUN 2012) (41 U.S.C. chapter 83, E.O. 10582). (ii) ____ Alternate I (OCT 2011) of 252.225-7001. (7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (8) _...