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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 04, 2015 FBO #5033
SOLICITATION NOTICE

59 -- Nautel Maine Inc Automatic Antenna Tuning Unit

Notice Date
9/2/2015
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
334220 — Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
 
Contracting Office
Department of Homeland Security, United States Coast Guard (USCG), C4IT (C3CEN), Coast Guard Blvd, Portsmouth, Virginia, 23703, United States
 
ZIP Code
23703
 
Solicitation Number
HSCG44-15-Q-N0023
 
Archive Date
9/24/2015
 
Point of Contact
Katherine Marie Kearney, Phone: 7572952280, Jessica Coltz, Phone: 7576866846
 
E-Mail Address
katherine.m.kearney@uscg.mil, jessica.l.coltz@uscg.mil
(katherine.m.kearney@uscg.mil, jessica.l.coltz@uscg.mil)
 
Small Business Set-Aside
N/A
 
Description
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the ONLY solicitation and no other solicitation document will be issued. This solicitation is issued as a Request for Quote number RFQ HSCG44-15-Q-N0023. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83_8-3-15. This procurement will be processed in accordance with FAR Parts 12, Acquisition of Commercial Items and Part 13, Simplified Acquisition Procedures. The North American Industry Classification System (NAICS) is 334220. The SBA size standard is 750 employees. Due to this Acquisition being considered to be a Sole Source Procurement it is not anticipated that the Contracting Officer will receive two (2) or more Offers from qualified Small Business Concerns; therefore in accordance with FAR 19.502-2(a), This IS NOT A Small Business Set-A-Side. All Items are to be NEW ITEMS. Used or Refurbished items are NOT acceptable and will not be considered for Award. The USCG Command, Control and Communications Engineering Center (C3CEN) Portsmouth, Virginia 23703, intends to purchase on a non-competitive basis by awarding a Firm Fixed Price Purchase Order to: Nautel Maine Inc. for PN: ATU-HP, NSN: 6005 01-F13-3402, Qty: (1) One Automatic Antenna Tuning Unit. The Government intends to solicit and negotiate with only one source under the authority of FAR 6.302.1 and 13.106-1(b). Interested persons/parties may indentify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received within five (5) days after date of publication of this synopsis/solicitation will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes. The contractor for this proposed Sole Source contract is: Nautel Maine Inc, 201 Target Industrial Circle, Bangor, ME 04401-5719; Cage Code 57655. The Government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Value to the Government, price and other factors considered. *PLEASE NOTE* Interested Offeror's are to provide Firm Fixed Price Proposals with Delivery Information by 9 Sept 2015 2014 @ 2:00PM EST. Delivery Information is to include the Shipping Terms the Offeror is proposing, FOB Origin or FOB Destination. Destination is preferred by USCG/GOV. If proposing FOB Origin, provide Shipping cost as a separate line item. FIRM FIXED Price Proposals must be submitted on company letterhead stationery and must include the following information: (1) Unit Price, (2) Extended Price, (3) Delivery Terms, (4) Payment Terms and discount offered for prompt payment. Email quotes are acceptable and may be emailed to the POC Jessica L. Coltz, Contracting Officer, Jessica.L.Coltz@uscg.mil INSPECTION AND ACCEPTANCE: The Contractor shall only tender for acceptance those Items that conform to the requirements of this Order/Contract. The Government/USCG reserves the right to Inspect or Test any Supplies or Services that have been tendered for Acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming Services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government/USCG may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. Final Inspection and Acceptance will be performed by Gov/USCG Authorized Personnel at the point and location of Destination as stated on the Order/Contract, unless otherwise stated on the Order/Contract. SCHEDULE B: Line Item 1: Nautel Maine, Inc, Cage Code: 57655 PN: ATU-HP, NSN: 6005 01-F13-3402, Qty: (1) One Automatic Antenna Tuning Unit Delivery Terms: The Required Delivery Date is thirty (30) days after receipt of order (ARO). See attached Packaging/Shipping instructions. Delivery Location is: Surface Forces Logistics Center Receiving Room - Bldg. 88 2401 Hawkins Point Road Baltimore, MD 21226 Packing/Shipping Instructions PREPARATION FOR DELIVERY All material shipped to the U.S. Coast Guard Surface Forces Logistics Center, Baltimore, Maryland must be accompanied by an itemized packing list securely attached to the outside of the package. All packing lists shall cite the Purchase Order Number with the package in such a manner as to provide identification. Material shall be packed for shipment in such a manner as to afford adequate protection to the item against corrosion, deterioration, and physical damage during shipment from the supply source to Engineering Logistic Center locations. Package shall also provide adequate protection for warehouse storage and multiple shipments. All packages shall have the Purchase Order Number, Stock Number (if applicable), Vendor name and Part Number clearly marked on the exterior of the package. All deliveries are to be made Monday through Friday between the hours of 7:00 A.M. and 1:00 P.M. USCG /ELC SP-PP&M-00l DATED 05/95 REVISION D 10/00 PRESERVATION, PACKAGING, MARKING and BAR-CODING. PRESERVATION: Each component that makes up one each of any contract line item (CLIN) shall be preserved in accordance with ASTM-D-3951. PACKAGING: Each component shall be packed individually in its'own container to meet the requirements of ASTM-D-3951. This package shall be considered a unit pack. This unit pack shall meet the requirements of a shipping container. UNITIZATION: Unit packs can be unitized as specified in ASTM-D 3951. MARKING: Marking shall be clear, legible, permanent and in English. a UNIT PACKAGES: Shall be marked as specified herein. National Stock Number/ Activity Control Number. Item Name Part Number (as shipped) Purchase Order / Contract Number Date of Manufacturer/Repair Quantity & Unit of Issue (i.e. 1-EA) Hazardous Material Marking (As required in Code of Federal Regulations (CFR) section 4). Flash Point (If item is a liquid with a flash point of 93.3 degrees C (200 Degrees F) or less.) Propellant Chemical Name (Aerosol Containers only). a. UNITIZATION: If unitization is used as the final shipping container the unitized pack for one stock number shall be marked as specified below, see Single Stock Number. If there are multiple stock numbers involved see, Multiple Stock Numbers herein. For no reason shall more then one order be unitized together. Single Stock Number National Stock Number/ Activity Control Number. Purchase Order / Contract Number The Words: COAST GUARD ELC MATERIAL CONDITION (A). Quantity & Unit of Issue (i.e. 1-EA) Hazardous Material Marking (If needed and as required in Code of Federal Regulations (CFR) section 4). Flash Point (If item is a liquid with a flash point of 93.3 degrees C (200 Degrees F) or less.). The Words: COAST GUARD ELC MATERIAL, MULTIPACK Multiple Stock Numbers ALL National Stock Numbers/ Activity Control Numbers. Purchase Order / Contract Number The Words: COAST GUARD ELC MATERIAL, CONDITION (A). Quantity & Unit of Issue (i.e. 1-EA) Hazardous Material Marking (If needed and as required in Code of Federal Regulations (CFR) section 4). Flash Point (If item is a liquid with a flash point of 93.3 degrees C (200 Degrees F) or less.). The Words: COAST GUARD ELC MATERIAL, MULTIPACK BAR CODING: All bar coding required herein shall be Code 39, also called Code 3 of 9 in accordance with ANSI/AIM BC1. ALL Stock numbered items shall be bar coded. a. The standard marking required in MARKING for all packaging configurations can be applied separately or as part of the Bar Code Label. If the latter option is used the label size shall be adjusted appropriately. b. The stock number or numbers, and purchase order / contract number shall be bar coded with Human Readable Interpretation (HRI) immediately below the bar coding on unit and unitized packs. c. All HRI shall be placed below its associated bar code. The label shall be intended for long term indoor applications where the labels will endure intermittent outdoor exposure. Each label shall be for porous surfaces and consist of paper without plastic laminate. Specifications cited in this order may be obtained from: For Specifications from the US Government contact: STANDARDIZATION DOCUMENTS ORDER DESK BUILDING 4D, SECTION D 700 ROBBINS AVE. PHILADELPHIA, PA 19111-5094 TELEX #: 834295 WESTERN UNION #: 710-670-1685 TELEPHONE #: (215) 697-3321 (EXPRESS SHIPMENT PICKUP) TELEPHONE ORDER ENTRY SYSTEM (TOES)#: (215) 697-1187 through and including (215) 697-1197. For Specifications from Commercial sources contact: American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive West Conshocken, PA 19428-2959 Phone: 610-832-9500 Fax: 610-832-9555 American National Standards Institute (ANSI) 25 West 43rd Street 4th Floor New York, N.Y. 10036 Phone: 212-642-4900 AIM-USA 634 Alpha Drive Pittsburgh Pa. 15238-2802 Phone 412-963-8588 Fax 412-963-8753 Note: FOB Destination pricing is preferred, however, if you prefer to quote FOB Origin pricing please use the following instructions. FAR Clause 52.247-65 - F.O.B. - Origin, Prepaid Freight - Small Package Shipments is included by reference. Shipments - FOB Origin: You are hereby authorized to prepay transportation charges under this order provided that the cost of such transportation does not exceed $250.00. The actual cost of transportation charges, not to exceed the about amount, shall be added to your invoice as a separate line item. Receipted freight bills are not required for transportation charges of $100.00 or less. Prepaid transportation charges greater than $100.00 but less than $250.00 SHALL be supported by paid freight, express, or parcel post receipts. In the event the transportation charges will exceed $250.00, you are required to contact the Contracting Officer to obtain a Government Bill of Lading ten (10) days PRIOR to shipment. Information to be provided: 1. Purchase Order Number 2. Item identification/description (NMFC item number and classification if possible) 3. Individual and total weight 4. Individual dimensions and total cubic feet 5. Total number of pieces 6. Total dollar value 7. Other pertinent data or special instructions Clauses/ Provisions • The Following FAR Provisions and Clauses apply to this Acquisition: The Provision at FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (April 2014) applies to this acquisition along with Attachment A, titled "SFLC ICP PACKAGING REQUIREMENTS" FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items Alternate I (OCT 2014). An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015) FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (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 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (8) 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). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] ___ (14) (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). ___ (15) (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. ___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 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)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). ___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). ___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). __X_ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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, 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 (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X_ (44) 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). ___ (45) 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). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __x_ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 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) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 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). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 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) FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 System for Award Management (Jul 2013). Contractors are located and identified in SAM by their DUNS number. To facilitate payment via Electronic Funds Transfer - contractors should be registered in SAM. A DUNS number can be obtained via www.dnb.com and SAM registration can be obtained via www.sam.gov. • The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-3 -- Convict Labor (June 2003) FAR 52.222-19 -- Child Labor-Cooperation with Authorities and Remedies (Jan 2014) FAR 52.222-21 -- Prohibition of Segregated Facilities (April 2015) FAR 52.233-3 -- Protest after Award (Aug. 1996) FAR 52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004) HSAR 3052.209-70-Prohibition on Contracts with Corporate Expatriates (JUN 2006) • The above/following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far;  
 
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