Loren Data's SAM Daily™

FBO DAILY ISSUE OF AUGUST 27, 2010 FBO #3198
SOLICITATION NOTICE

16 -- DIGITAL ELECTRONIC CONTROL UNIT (DECU) REPAIR - DECU SOW

Notice Date

8/25/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

336412 — Aircraft Engine and Engine Parts Manufacturing
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 

ZIP Code

27909-5001
 

Solicitation Number

HSCG38-10-R-J00004
 

Archive Date

10/12/2010
 

Point of Contact

David E. Tanner, Phone: 2523356413, Sherri D Roche, Phone: 252-335-6566
 

E-Mail Address

David.E.Tanner@uscg.mil, sherri.d.roche@uscg.mil
(David.E.Tanner@uscg.mil, sherri.d.roche@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

Past Performance Questionnaire Material Disposal Instruction DECU SOW NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) 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 Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external form. 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 a specific USCG 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 USCG 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. 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 submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington D.C. 20593-0001 Telephone 202-372-3695 Fax: 202-475-3904 This is a combined synopsis/solicitation for the repair of 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 solicitation; firm-fixed-price proposals are being requested and a written solicitation will not be issued. This requirement will be satisfied using commercial acquisition procedures specified in FAR Parts 12 and 15. This Request for Proposal (RFP) HSCG38-10-R-J00004 incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-43. The applicable North American Industry Classification Standard Code is 336412. The small business size standard is 1000 employees. This is an unrestricted solicitation. The USCG anticipates award of a firm fixed price requirements contract to a responsible contractor that can provide the repair capabilities. Drawings and specifications are not available and cannot be furnished by the Government. Closing date and time for receipt of offers is 27 September 2010, 10:00 a.m., EST. All responsible sources may submit an offer, which shall be considered by the Agency. Anticipated award date is on or about 15 October 2010. Contact Dave Tanner at 252-335-6413 or email David.E.Tanner@uscg.mil for questions regarding this solicitation. Quotes will be accepted via e-mail at the above addresses, facsimile at 252-335-6790, or at the following address: MRR Contracting Officer, Bldg 79, Elizabeth City, NC 27909. Provide pricing and delivery for the repair of the following items. Estimated quantities are identified in the Schedule of Supplies below. SCHEDULE OF INDEFINITE DELIVERY REQUIREMENTS MATERIAL REPAIR CONTRACT LINE ITEMS - BASE YEAR DATE OF AWARD THROUGH ONE YEAR FROM DATE OF AWARD CLIN NIIN/ PART NUMBER/NOMEN EST QTY UNIT EST UNIT PRICE EST EXT PRICE 0001 DIGITAL ELECTRONIC CONTROL UNIT (DECU) NSN 2995-01-373-1859, P/N 4076T60G08 OR P/N 6068T81P31 MODIFIED TO: P/N 6068T81P41. OR NSN 2995-01-HS1-8069, P/N 4076T60G13 MODIFIED TO: NSN 2995-01-373-1859, P/N 6068T81P41 MODIFICATION AND MINOR REPAIR 30 EA _____ _____ 0002 NSN 2995-01-373-1859/ P/N 6068T81P41 MINOR REPAIR 3 EA _____ _____ 0003 ONE (1) BOARD REPLACEMENT 2 EA _____ _____ 0004 ONE (1) BOARD REPAIR 2 EA _____ _____ 0005 NO FAULT FOUND (NFF) 2 EA _____ _____ 0006 SCRAP/BEYOND ECONOMICAL REPAIR (BER) 2 EA _____ _____ 0007 HOURLY RATE N/A EA _____ _____ CONTRACT LINE ITEMS - OPTION PERIOD ONE ONE YEAR PERIOD FOLLOWING THE BASE YEAR CLIN NIIN/ PART NUMBER/NOMEN EST QTY UNIT EST UNIT PRICE EST EXT PRICE 1001 DIGITAL ELECTRONIC CONTROL UNIT (DECU) NSN 2995-01-373-1859, P/N 4076T60G08 OR P/N 6068T81P31 MODIFIED TO: P/N 6068T81P41. OR NSN 2995-01-HS1-8069, P/N 4076T60G13 MODIFIED TO: NSN 2995-01-373-1859, P/N 6068T81P41 MODIFICATION AND MINOR REPAIR 30 EA _____ _____ 1002 NSN 2995-01-373-1859/ P/N 6068T81P41 MINOR REPAIR 3 EA _____ _____ 1003 ONE (1) BOARD REPLACEMENT 2 EA _____ _____ 1004 ONE (1) BOARD REPAIR 2 EA _____ _____ 1005 NO FAULT FOUND (NFF) 2 EA _____ _____ 1006 SCRAP/BEYOND ECONOMICAL REPAIR (BER) 2 EA _____ _____ 1007 HOURLY RATE N/A EA _____ _____ CONTRACT LINE ITEMS - OPTION PERIOD TWO ONE YEAR PERIOD FOLLOWING OPTION PERIOD ONE CLIN NIIN/ PART NUMBER/NOMEN EST QTY UNIT EST UNIT PRICE EST EXT PRICE 2001 DIGITAL ELECTRONIC CONTROL UNIT (DECU) NSN 2995-01-373-1859, P/N 4076T60G08 OR P/N 6068T81P31 MODIFIED TO: P/N 6068T81P41. OR NSN 2995-01-HS1-8069, P/N 4076T60G13 MODIFIED TO: NSN 2995-01-373-1859, P/N 6068T81P41 MODIFICATION AND MINOR REPAIR 30 EA _____ _____ 2002 NSN 2995-01-373-1859/ P/N 6068T81P41 MINOR REPAIR 3 EA _____ _____ 2003 ONE (1) BOARD REPLACEMENT 2 EA _____ _____ 2004 ONE (1) BOARD REPAIR 2 EA _____ _____ 2005 NO FAULT FOUND (NFF) 2 EA _____ _____ 2006 SCRAP/BEYOND ECONOMICAL REPAIR (BER) 2 EA _____ _____ 2007 HOURLY RATE N/A EA _____ _____ CONTRACT LINE ITEMS - OPTION PERIOD THREE ONE YEAR PERIOD FOLLOWING OPTION PERIOD TWO CLIN NIIN/ PART NUMBER/NOMEN EST QTY UNIT EST UNIT PRICE EST EXT PRICE 3001 DIGITAL ELECTRONIC CONTROL UNIT (DECU) NSN 2995-01-373-1859, P/N 4076T60G08 OR P/N 6068T81P31 MODIFIED TO: P/N 6068T81P41. OR NSN 2995-01-HS1-8069, P/N 4076T60G13 MODIFIED TO: NSN 2995-01-373-1859, P/N 6068T81P41 MODIFICATION AND MINOR REPAIR 30 EA _____ _____ 3002 NSN 2995-01-373-1859/ P/N 6068T81P41 MINOR REPAIR 3 EA _____ _____ 3003 ONE (1) BOARD REPLACEMENT 2 EA _____ _____ 3004 ONE (1) BOARD REPAIR 2 EA _____ _____ 3005 NO FAULT FOUND (NFF) 2 EA _____ _____ 3006 SCRAP/BEYOND ECONOMICAL REPAIR (BER) 2 EA _____ _____ 3007 HOURLY RATE N/A EA _____ _____ CONTRACT LINE ITEMS - OPTION PERIOD FOUR ONE YEAR PERIOD FOLLOWING OPTION PERIOD THREE CLIN NIIN/ PART NUMBER/NOMEN EST QTY UNIT EST UNIT PRICE EST EXT PRICE 4001 DIGITAL ELECTRONIC CONTROL UNIT (DECU) NSN 2995-01-373-1859, P/N 4076T60G08 OR P/N 6068T81P31 MODIFIED TO: P/N 6068T81P41. OR NSN 2995-01-HS1-8069, P/N 4076T60G13 MODIFIED TO: NSN 2995-01-373-1859, P/N 6068T81P41 MODIFICATION AND MINOR REPAIR 30 EA _____ _____ 4002 NSN 2995-01-373-1859/ P/N 6068T81P41 MINOR REPAIR 3 EA _____ _____ 4003 ONE (1) BOARD REPLACEMENT 2 EA _____ _____ 4004 ONE (1) BOARD REPAIR 2 EA _____ _____ 4005 NO FAULT FOUND (NFF) 2 EA _____ _____ 4006 SCRAP/BEYOND ECONOMICAL REPAIR (BER) 2 EA _____ _____ 4007 HOURLY RATE N/A EA _____ _____ Option Periods - Option periods, if exercised, will be in increments of twelve (12) months each, but will not exceed a total of forty-eight (48) months. Statement of Work (SOW) See Attachment A  52.212-1 Instructions to Offerors Commercial Items (JUN 2008) ADDENDUM 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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 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 Internet address http://acquisition.gov/far/index.html (End of provision) 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008) Any contract awarded as a result of this solicitation will be __ DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) Alternate IV (Oct 1997) As prescribed in 15.408(I), replace the text of the basic provision with the following: (a) Submission of Cost or pricing data is not required (b) Submit Other Than Cost or Pricing Data as if you were submitting Cost and Pricing Data. The requirement for certified cost and pricing data is waived. Provide information that supports the pricing submitted through sales of identical services to commercial customers or other government agencies. Additional information not identified herein may be required by the government to adequately evaluate offeror's pricing. Submission of other than cost and pricing data shall be in the format used in FAR 15.403-5(b)(2). To receive an award, the company must be registered in the Central Contractor Registration Database (CCR). A Small Business Subcontracting Plan FAR 52.219-9 is required with the offer. (End of FAR 52.212-1 ADDENDUM) 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. Offers that are significantly higher or lower than the government's estimate may be considered an indication that the offeror does not understand the requirement and may be evaluated as posing a significant performance risk. The following factors shall be used to evaluate offerors are listed in order of importance. Evaluation Factors: Technical capability, Past Performance, Delivery and Price. Technical capability and past performance, when combined, is significantly more important than delivery and cost or price. This is a best value, commercial item acquisition; award may be made for other than lowest price. The Government intends to award to a responsible offeror whose offer conforms to the solicitation, and provides the Government with the best value, price and other factors considered. Technical Capabilities Offerors are to provide a statement of technical qualifications, including a summary of the technical expertise, facilities and documentation for repairing the components listed in the schedule. Past Performance Offerors shall provide information on two (2) contracts performed by their organization over the past three years for the DECU. The contractor shall submit the Past Performance Questionnaire (Attachment B) to two (2) references for completion and return to the address shown on the Questionnaire no later than the closing date of this solicitation. See attachment B for questionnaire and instructions. Delivery Offerors shall provide delivery dates based on receipt of unit from the Government. Price Offerors shall provide pricing for Contract Line Items (CLINs) 1 - 6 for the base and each option year. The Government will evaluate proposals for award purposes based on each line item price. 52.212-3 Offeror Representations and Certifications - Commercial Items (Aug 2009) Alternate I (Apr 2002) An offeror 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 paragraphs (c) through (m) of this provision. 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JUNE 2010) ADDENDUM 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 Internet address http://acquisition.gov/far/index.html 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award or Date of Exercise of an Option through One Year from Date of Award or One Year from the Date of Exercise of an Option Period. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) each of any line item [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of Any Line Item's Total Value [insert dollar figure or quantity]; (2) Any order for a combination of items in excess of The applicable Base or Option Year Total Dollar Value [insert dollar figure or quantity]; or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-21 Requirements (Oct 1995) (a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after determined at time of award based on six (6) months after expiration date of ordering period [insert date]. (End of clause) 52.217-5 Evaluation of Options (Jul 1990) 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 30 calendar days prior to expiration [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 calendar days [60 days unless a different number of days is inserted] 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 Five (years). (End of clause) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond 30 September 2010. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September 2010, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of clause) 52.246-15 Certificate of Conformance (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991) 52.209-8 Updates of Information Regarding Responsibility Matters (Apr 2010) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). (b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record. (2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor's record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (End of clause) 52.212-5 Contract Terms and Conditions to Implement Statutes or Executive Orders - Commercial Items (Jul 2010) (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 (June 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 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) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (8) [Reserved] __ (9)(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. __ (10)(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_ (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). _X_ (12)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2010) (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. __ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). _X_ (14) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (15)(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. __ (16) 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). __ (17) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). _X_ (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (21) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X_ (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X_ (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (27) 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.) __ (28)(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.) __ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (30)(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_ (31) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (32)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 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. __ (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (37) 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)). __ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (39) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (40) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (41) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (43)(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.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _X_ (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.). _X_ (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) (41 351, 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 (Sept 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 (May 2004) (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 $550,000 ($1,000,000 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (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)
 

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Place of Performance

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Zip Code: 27909
 

Record

SN02255121-W 20100827/100825235952-ae1c43eda3a77c5a4a42b910e670d7df (fbodaily.com)
 

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