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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 19, 2013 FBO #4317
SOLICITATION NOTICE

39 -- Raymond Swing-Reach Forklifts - Specification

Notice Date

9/17/2013
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

423830 — Industrial Machinery and Equipment Merchant Wholesalers
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC), 2401 Hawkins Point Road, Building 31, Mail Stop 26, Baltimore, Maryland, 21226-5000, United States
 

ZIP Code

21226-5000
 

Solicitation Number

HSCG40-13-Q-61285
 

Archive Date

12/30/2013
 

Point of Contact

Shadonna Minnis, Phone: 4107626281, Ashley A Fetherman, Phone: 410-762-6978
 

E-Mail Address

Shadonna.D.Minnis@uscg.mil, ashley.a.fetherman@uscg.mil
(Shadonna.D.Minnis@uscg.mil, ashley.a.fetherman@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

Brand Name J&A - Werres Corporation Preservation, Packaging, Marking and Bar Coding Specification NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard - Ombudsman Program It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe that Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below: Commandant (CG-931) U.S. Coast Guard Headquarters Procurement Planning & Oversight Division 1900 Half Street, SW, JR11-0203 Washington, DC 20593-0001 Telephone: (202) 372-3692 FAX: (202) 475-3904 (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.603, using FAR Part 13.5, Test Program for Certain Commercial Items, and as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation. Quotations are being requested and a separate written solicitation will not be issued. Pursuant to FAR 6.301-2, it is anticipated that a non-competitive contract shall be awarded to the Original Equipment Manufacturer (OEM) or their authorized dealers as a result of this synopsis/solicitation. It is the Government's belief that the Werres Corporation and their distributors are the only known sources that can manufacture the required equipment in accordance with OEM specifications, material requirements, and standards, ensuring compatibility with the installed wire guidance system. Concerns having the expertise and required capabilities to provide Raymond forklifts are invited to submit an offer, demonstrating their capabilities in accordance with the requirements stipulated in this synopsis/solicitation. Drawings, specifications, and other technical data are proprietary to the OEM and cannot be furnished by the Government. Items submitted under this solicitation which are other than OEM parts will be rejected as unacceptable. (ii) Solicitation number HSCG40-13-Q-61285 applies, and is issued as a Request for Quotation (RFQ). (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-69. (iv) The U.S. Coast Guard Surface Forces Logistics Center intends to award a Firm Fixed Price Contract. The North American Industry Classification System (NAICS) code is 423830. The small business size standard is 100 employees. (v) LIST OF ITEMS/CLIN's: CLIN 1 Raymond Swing-Reach Forklift (P/N: 9700-CSR30T) Qty. 4 EACH Unit Price: ____________ Total Price: ____________ Pricing is requested on an FOB Destination basis, with shipping including in the unit price. If proposing FOB Origin shipping terms, offerors shall include estimated shipping costs with their proposal. (vi) Delivery: The Government requires delivery of supplies within 120 calendar days after award. The offeror's proposed delivery time shall be included with their proposal. If a proposed delivery time is not provided, the required delivery time shall apply. Each item shall be individually preserved, packaged, marked and bar coded in accordance with the attached Specification SP-PP&M-001, dated 05/10, and delivered to the following address M-F, 7:00am-1:00pm, EST: U.S. Coast Guard, SFLC 2401 Hawkins Point Road Bldg. 88, Receiving Room Baltimore, MD 21226-5000 NOTE: Failure to prepare for shipment any item and/or mark all packages, boxes, etc., as indicated above may result in rejection of the shipment and return of the shipment at the contractor's expense. (vii) Inspection and Acceptance: Final inspection and acceptance shall take place at destination after verification of preservation, packaging, and marking requirements and confirmation of no damage during transit. (viii) The following FAR Provisions and Clauses are applicable to this solicitation: This solicitation incorporates one or more provisions and 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. The full text of a provision or clause may also be accessed electronically at the following link: http://farsite.hill.af.mil/vffara.htm FAR Provision 52.212-1, Instructions to Offerors-Commercial Items (FEB 2012), is incorporated by reference. The following addenda apply: 1) Parties responding to this solicitation who believe they can provide this requirement, may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number. 2) REQUIRED TECHNICAL QUALIFICATIONS - The offeror shall be the OEM or an authorized dealer for the Werres Corporation. Authorized dealers shall submit documentation/certification as an authorized agent for the OEM as part of their quotation. Offers submitted by other than the OEM shall include the below certification: "I HEREBY CERTIFY ON BEHALF OF _________________________________ (insert offeror name), THAT ALL PARTS PROVIDED UNDER THIS CONTRACT SHALL BE NEW GENUINE OEM (WERRES CORPORATION) PARTS." ____________________________________________ NAME OF AUTHORIZED CORPORATE OFFICER _____________________________________________ TITLE _____________________________________________ DATE Failure to complete this certification, and submit the required supporting documentation with your original quotation may render your offer unacceptable, and it may be rejected. Offerors, other than the OEM or authorized distributors, are required to submit verification in the form of a letter from the OEM or authorized distributor, fully demonstrating that they have the capability of procuring the required parts. 3) PAST PERFORMANCE: To determine technical acceptability, past performance information is required. The offeror shall submit 3 past performance references with their quotation; however, the Government reserves the right to use other outside information in the evaluation of past performance. The evaluation of past performance information shall be limited to a determination of the offeror's technical acceptability. No comparative rating will be applied to past performance. NOTES: The references to be submitted in support of past performance evaluation must be for the model and part number of each part referenced in each CLIN. 4) FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, Alternate IV (Oct 2010) (a) Submission of certified cost or pricing data is not required. (b) If the Contracting Officer determines that discussions regarding the proposed prices are necessary, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market, or other supporting information, including cost summaries, supplier quotes, or verifiable changes in the price of raw materials or component parts, that is adequate for evaluating the reasonableness of the price for this acquisition. (ix) EVALUATION: FAR Provision 52.212-2, Evaluation-Commercial Items (Jan 1999) will not be used to evaluate proposals. The following evaluation procedures shall apply: The Government will award a contract resulting from this solicitation to the lowest priced, technically acceptable offeror. To be technically acceptable, offerors must conform to the requirements as provided under addendum (2) and addendum (3) to FAR 52.212-1 Submission Instructions. The Government intends to award without discussions with the offeror(s) unless the Contracting Officer determines that discussions are necessary. (x) FAR Provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Apr 2012)-(ii) Alternate I (Apr 2012) Offerors shall complete only paragraph (b) of this provision if the offeror HAS completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror HAS NOT completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraph (c) through (o) of this provision. (xi) FAR Clause 52.212-4, Contract Terms and Conditions--Commercial Items (JUL 2013) is incorporated by reference. The following addenda apply: 1) Paragraph (a) - replaced by FAR 52.246-2, Inspection of Supplies - Fixed Price (Aug 1996) 2) FAR 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 20 12) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. 3) Invoicing Requirements: (a) All information set forth in FAR Clause 52.212-4(g) must be included in an invoice for it to constitute a proper invoice. (b) An original invoice shall be submitted to the payment office designated below, and a copy shall be sent to the Contract Administrator (with travel receipts) at Shadonna.D.Minnis@uscg.mil. Each invoice shall contain the following information: Contract and Delivery/Task Order Number Name of the Contract Specialist or Contracting Officer Invoice Routing Code (IRC): SFLC-3 (Annotate on the invoice whether the contractor represents a small business for accelerated payment purposes.) Attachments (if applicable): All supporting documentation, including but not limited to: signed timesheets, completion reports, and travel receipts Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference: a. FINCEN Website invoice receipt form: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm b. Fax: (757) 523-6900 c. Mail to: Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326 To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe.pdf formatted file. A maximum of approximately ninety-nine (99).pdf pages may be submitted at a time. In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received on the latter of: a. For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt. b. For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or c. The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless- i. The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or ii. A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date; d. On the date placed on the invoice by the contractor, if/when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or e. On the date of delivery, if/when the contract specifies that the delivery ticket may serve as an invoice. Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice. Payment inquiries and status may be obtained at the following website: https://www.fincen.uscg.mil/secure/payment.htm Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to each invoice. (xii) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (SEP 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.] _X_ (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). _X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (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). _X__ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (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. _ X __ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). ___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (Jul 2013) (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). _X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (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 (Jul 2013) (15 U.S.C. 637(m)). _X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). _X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (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. _X__ (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. _X__ (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note). ___ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (46) 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)). ___ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (48) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (49) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (52) (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) 52.222-17, 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 (Jul 2013) (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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 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. (xv) 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 ofClause) (xiii) HOMELAND SECURITY ACQUISITION REGULATIONS: The following Homeland Security Acquisition Regulations (HSAR) are hereby incorporated by reference with the same force and effect as if incorporated in full text. Full text versions of the clauses may be viewed electronically at http://farsite.hill.af.mil/VFFARA.HTM. HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) HSAR 3052.247-72, F.O.B. Destination Only (Dec 2003) HSAR 3042.242-72, Contracting Officer's Technical Representative (Dec 2003). (xiv) ADDITIONAL SOLICITATION PROVISIONS: The following FAR Provisions are incorporated by reference with the same force and effect as if provided in full text. a) FAR 52.204-7 -- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) b) FAR 52.225-25 -- PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS. (DEC 2012) (xv) The closing date and time for receipt of offers is 24 September 2013, 3:00pm EST. All responsible and responsive sources are invited to submit an offer which will be considered by this agency. Due to possible email transmission problems, contractors are responsible for verifying the government's receipt of their quote. The Government will not accept questions after 12:00PM EST on September 20, 2013.
 

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Record

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