PRESOL | V | Bus Service Shuttle | 30-Jan-11

FBO DAILY ISSUE OF JANUARY 30, 2011 FBO #3354
SOLICITATION NOTICE

V -- Bus Service Shuttle

Notice Date: 1/28/2011
Notice Type: Combined Synopsis/Solicitation
NAICS: 485510 — Charter Bus Industry
Contracting Office: Mission Division (PARC Americas 410th CSB), 2450 Stanley Road Suite 320, Building 1000 2nd Floor, Fort Sam Houston, TX 78234-7517
ZIP Code: 78234-7517
Solicitation Number: W912CL-11-T-0048
Response Due: 2/11/2011
Archive Date: 4/12/2011
Point of Contact: JULIO CABRERA, 210-295-6015
E-Mail Address: Mission Division (PARC Americas 410th CSB)
(JULIO.CABRERA@US.ARMY.MIL)
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. BEYOND THE HORIZONS 2011 EL SALVADOR PERFORMANCE WORK STATEMENT BUS SERVICE (SHUTTLE SERVICE) TO AND FROM WORKSITES C.1.0. GENERAL: C.1.1. SCOPE: The Vendor shall furnish all management supervision personnel, training, equipment, material, supplies, and any other equipment and personnel to accomplish the task of providing as required bus service for Beyond the Horizons 2011, specified herein except as specified as Government furnished. Services shall be provided during the hours and days specified herein. C.2.0. PERIOD OF PERFORMANCE: 27 March - 18 June 2011 C.3.0. GOVERNMENT-FURNISHED PROPERTY (GFP) AND SERVICES: Diesel Fuel requirements will be provided by the Task Force as needed during the period of performance of this contract. C.4.0. DESCRIPTION: Bus Service with Drivers to and from Work C.5. SPECIFICATIONS: The purpose for this service is, to transport troops safely and expeditiously from Forward Operating Base located at the Poligono de Tiro 5ta Brigada de Infanter a, San Vicente, El Salvador to the below listed locations, it may include other locations within the country of El Salvador as necessary or as required in coordination with the Contracting Officer's Representative (COR) or Contract Officer (KO). Locations include; San Vicente, Canton San Francisco, Nuevo Tepetitan, Canton La Esperanza, Canton San Antonio, Canton San Francisco, Canton Ildefonso and Caserio La Galera all locations are located within the San Vicente Department. C.5.1. Contractor shall provide bus service with driver as per table shown on C.5.1.2. The contractor shall have vehicles to transport personnel in the event of maintenance breakdown. All toll and ancillary fees are the responsibility of the contractor during the performance under this contract for the locations stated on paragraph C.5 above. Contractor shall comply with all local, regional and national labor laws. The U.S. Government will not be liable for injuries sustained on the job. The Contractor shall provide all meals and transportation for contractor's employees regardless of the location. C.5.1.1 The contractor shall respond within 2 hours upon notification of service requirement of short trips (San Vicente) and 4 Hours for long trips (Outside City Limits). C.5.1.2 Projected Bus Schedule (This schedule is subject to change), the type of vehicle for all locations is a 25 Passenger Coaster all all pick ups are at the FOB in San Vicente FROM TODROP OFF # OF VEHCSDAYS 27Mar11 4Jun11 San Antonio Caminos 270 27Mar11 4Jun11 San Francisco Aguas Agrias 270 27Mar11 4Jun11 Nuevo Tepetitan 270 27Mar11 30Apr11 San Francisco Chamoco 235 2Apr11 16Apr11 5th Bde Hqts San Vicente 115 25Apr11 28Apr11 San Idelfonso 14 29Apr11 2May11 Caserio La Galera 14 3May11 4May11 Canton San Nicolas 12 21May11 18Jun11 5th Bde Hqts San Vicente 329 C.6. GENERAL REQUIREMENTS FOR ALL PERIODS: C.6.1 Drivers. Drivers provided are required to meet maintain a professional decorum at all times. The following items, while not all inclusive provide a framework for vendor understanding requirements for maintaining any and all applicable safety minimums. Accordingly, as a minimum, drivers must be fully licensed and insured before operating their assigned vehicle, and must have a safe driving record in accordance with the laws in El Salvador. The contractor shall ensure drivers pass a security check by the El Salvador Police Department and other organizations, as determined by the COR (if any, see paragraph C8 below). Drivers must maintain a high level of personal hygiene and report for work on time as per hours specified on schedule or as instructed by the COR. Dress code is a must and shall include pants/skirts, a shirt with the company's logo and without tie and shoes. Drivers must have knowledge of El Salvador road networks and specific engagement routes to and from the different locations stated in paragraph C.5 above. C.6.2 Hours: vehicles are contracted for a minimum 12 hours daily. Vehicles will arrive at the designated time and location specified above, or as pre-coordinated by the COR. The US Government has the right to vary the reporting (start) and completion (stop) times and shall not incur a penalty for doing so if at least 4 hours advance notice is provided. Any time in excess of 12 hours worked will be considered overtime and the contractor will be paid in accordance with the terms of this contract. Payment of overtime shall be contingent on prior approval by Contracting Officer. C.6.3 Vehicles Condition: Diesel Vehicles Only. All vehicles and all appurtenant systems shall be in excellent mechanical condition and fully operational. Vehicles will not be more than two years old unless approved by the KO. Vehicles must be in compliance with all El Salvador and local vehicle and/or transportation regulations during the period of contract performance. Vehicles shall be equipped with four doors, power steering, power breaks, air conditioning system. Additionally, they will be equipped with standard safety equipment as required by El Salvador transportation laws. Requirements will include, but are not limited to, seat belts; serviceable spare tire, jack and tire tools, warning devices (such as a warning triangle) and ensuring no front windshield have any cracks or breaks. The US Government reserves the right to inspect all vehicles and to reject those vehicles determined to be unsafe or in need of repair, and in particular, those not meeting the requirements set forth above C.6.4 Inspection: Vehicles will be jointly inspected for physical condition and safety as well as applicable legal compliance prior to vehicle acceptance and before contract termination. The US Government reserves the right to unilaterally reject any vehicle that the COR finds unsuitable for mechanical, physical or safety reasons. The COR will consider all terms specific within this contract, El Salvador law, and "U. S. Safety Standards" (see standards at www.ntsb.gov) as a guide for accepting and/or rejecting transportation vehicles. C.6.5 Insurance: The contractor is responsible for providing all insurance for their drivers and vehicles as may be required by El Salvador laws. In the event of an accident, the contractor is solely responsible for all damages and deductable to its property and/or any damage to a third party. The US Government assumes no liability for damages or injuries. C.6.6. CANCELLATIONS/ADDITIONS: The KO may add or delete from this PWS any change requirements (including the numbers and type of vehicles) to make this mission a success. Changes made with at least 24 hour notice shall incur no penalty. Other modifications may be negotiated as required, but only by the KO. C.7. MAKING CHANGES TO CONTRACT: The only person authorized to make changes to the contract is the KO. Failure to clear changes in contract with the KO in advance of providing service may result in the US Government not being responsible for the charges, and non-payment to the Contractor. Accordingly, the KO shall be notified prior to any additional services/performances necessitating contract modification. The Contractor will only take change orders from the KO. C.8. BACKGROUND CHECK: Background checks on the contractor and/or its employees may be conducted by the U.S. Embassy's security personnel as part of force protection at Government's sole discretion. Failure to pass a background check is justification for not awarding or terminating an existing contract. C.9. CONTRACT MANAGEMENT REPORTING The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor shall completely fill in all the information in the format using the following web address: https:\\cmr.army.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative; (2) Contract number, including task or delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor's systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the website. ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0001 140Each Bus Lease-San Antonio Caminos FFP Contractor is to provide for this service as stated on the Performance Work Statement (PWS). Price the cost per day for one coaster bus, making sure to include all related costs, i.e. Insurance, Taxes, Wages, Visa Card Fee, etc. Quantity is the total number of required vehicles (2) times the number of days of lease for period 27 Mar-4 Jun 2011 (2X70=140). FOB: Destination ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0002 140Each Bus Lease-San Francisco Aguas Agrias FFP Contractor is to provide for this service as stated on the PWS. Price the cost per day for one coaster bus, making sure to include all related costs, i.e. Insurance, Taxes, Wages, Visa Card Fee, etc. Quantity is the total number of required vehicles (2) times the number of days of lease for period 27 Mar-4 Jun 2011 (2X70=140) FOB: Destination ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0003 140Each Bus Lease-Nuevo Tepetitan FFP Contractor is to provide for this service as stated on the PWS. Price the cost per day for one coaster bus, making sure to include all related costs, i.e. Insurance, Taxes, Wages, Visa Card Fee, etc. Quantity is the total number of required vehicles (2) times the number of days of lease for period 27 Mar-4 Jun 2011 (2X70=140) FOB: Destination ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0004 70Each Bus Lease-Francisco Chamoco FFP Contractor is to provide for this service as stated on the PWS. Price the cost per day for one coaster bus, making sure to include all related costs, i.e. Insurance, Taxes, Wages, Visa Card Fee, etc. Quantity is the total number of required vehicles (2) times the number of days of lease for period 27 Mar-30 Apr2011 (2X35=70) FOB: Destination ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0005 15Each Bus Lease-San Vicente FFP Contractor is to provide for this service as stated on the PWS. Price the cost per day for one coaster bus, making sure to include all related costs, i.e. Insurance, Taxes, Wages, Visa Card Fee, etc. Quantity is the total number of required vehicles (1) times the number of days of lease for period 2-16 Apr 2011 (1X15=15) FOB: Destination ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0006 4Each Bus Lease-San Idelfonso FFP Contractor is to provide for this service as stated on the PWS. Price the cost per day for one coaster bus, making sure to include all related costs, i.e. Insurance, Taxes, Wages, Visa Card Fee, etc. Quantity is the total number of required vehicles (1) times the number of days of lease for period 25-28 Apr 2011 (1X4=4) FOB: Destination ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0007 4Each Bus Lease-Caserio La Galera FFP Contractor is to provide for this service as stated on the PWS. Price the cost per day for one coaster bus, making sure to include all related costs, i.e. Insurance, Taxes, Wages, Visa Card Fee, etc. Quantity is the total number of required vehicles (1) times the number of days of lease for period 29 Apr-2 May 2011 (1X4=4) FOB: Destination ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0008 2Each Bus Lease-Canton San Nicolas FFP Contractor is to provide for this service as stated on the PWS. Price the cost per day for one coaster bus, making sure to include all related costs, i.e. Insurance, Taxes, Wages, Visa Card Fee, etc. Quantity is the total number of required vehicles (1) times the number of days of lease for period 3-4 May 2011 (1X2=2) FOB: Destination ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0009 87Each Bus Lease-San Vicente FFP Contractor is to provide for this service as stated on the PWS. Price the cost per day for one coaster bus, making sure to include all related costs, i.e. Insurance, Taxes, Wages, Visa Card Fee, etc. Quantity is the total number of required vehicles (3) times the number of days of lease for period 21 May-18 Jun 2011 (3X29=87) FOB: Destination ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0010 1Hours Overtime FFP Price the hourly rate for overtime that might be required to work in excess of the normal 12 hour service day. FOB: Destination ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0011 1Lump Sum Estimated Data Collection Cost FFP Cost associated with the collection of data detailed in paragraph C.9 of the PWS. FOB: Destination INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY All Destination Government Destination Government DELIVERY INFORMATION SHIP TO ADDRESS BTH 2011 EL SALVADOR MAJ ROBYN BRYANT CENTRO ESCOLAR CANTON SAN ANTONIO CAMINOS SAN VICENTE, EL SALVADOR FOB: Destination CLAUSES INCORPORATED BY REFERENCE 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2010 52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010 52.225-14 Inconsistency Between English Version And Translation Of Contract FEB 2000 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials JAN 2009 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports MAR 2008 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 CLAUSES INCORPORATED BY FULL TEXT 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Specifications stated on the PWS (End of provision) Please include a completed copy of the provision at 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2010) ALTERNATE I (APR 2002) (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2011) (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 (SEP 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 (JUL 2010) (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's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). ___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a). ___ (8) 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). ___ (9) [Reserved]. ___ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). ___ (ii) Alternate I (OCT 1995) of 52.219-6. ___ (iii) Alternate II (MAR 2004) of 52.219-6. ___ (11)(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. ___ (12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)). ___ (13)(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 (JUL 2010) of 52.219-9. ___ (14) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). ___ (15) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (16)(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. ___ (17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f). ___ (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)). _X_ (21) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). ___ (22) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). ___ (23) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). ___ (24) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). ___ (25) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). ___ (26) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). ____ (27) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). ___ (28) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). ___ (29) 52.222-54, Employment Eligibility Verification (JAN 2009). (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.) ___ (30) (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.) ___ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) ___ (32)(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.. _X_ (33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513). ___ (34) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d). ___ (35)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (JAN 2004) of 52.225-3. ___ (iii) Alternate II (JAN 2004) of 52.225-3. ___ (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (37) 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). ___ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (40) 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)) ___ (41) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (42) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). ___ (43) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332) _X_ (44) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). ___ (45) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). ___ (46)(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.) ____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ____ (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.). ____ (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). ____ (8) 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) Reserved. (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 1998) (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 (JAN 2009). (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) 52.252-2 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 address: HTTPS://FARSITE.HILL.AF.MIL/ (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010) (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. _X 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) ___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). (2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (3) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637). (4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2010) (15 U.S.C. 637 note). (5)(i) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582). (ii) ____ Alternate I (DEC 2010) of 252.225-7001. (6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (8) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a). (9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (DEC 2010) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). (11) )(i) ___ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (ii) ___ Alternate I (SEP 2008) (iii) ___ Alternate II (DEC 2010) of 252.225-7021. (12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (14)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (DEC 2010) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). (ii) ___ Alternate I (JUL 2009) of 252.225-7036. (iii) ___ Alternate II (DEC 2010) of 252.225-7036. (iv) ___ Alternate III (DEC 2010) of 252.225-7036. (15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (16) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). (17) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). (18) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). (19) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (20) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (21) ____252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). (22) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (23)____252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) (Section 807 of Public Law 111-84). (24)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417). (25)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023. (iii) ____ Alternate II (MAR 2000) of 252.247-7023. (iv) ____ Alternate III (MAY 2002) of 252.247-7023. (26) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (2) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). (3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417). (4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause)
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