SOLICITATION NOTICE
70 -- Hewlett Packard
- Notice Date
- 9/2/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541512
— Computer Systems Design Services
- Contracting Office
- Department of the Navy, Naval Air Systems Command, Naval Air Warfare Center Aircraft Division Pax River, Building 441, 21983 Bundy Road Unit 7, Patuxent River, Maryland, 20670, United States
- ZIP Code
- 20670
- Solicitation Number
- 1300514290
- Archive Date
- 9/9/2015
- Point of Contact
- Colleen Ringler,
- E-Mail Address
-
colleen.ringler@navy.mil
(colleen.ringler@navy.mil)
- Small Business Set-Aside
- N/A
- Description
- **Brand Name - Open Market** SECTION A U.S. Government ~ Tax Exempt Solicitation Information All quotes/responses shall be submitted via email to Colleen.Ringler@navy.mil no later than September 8th, 2015. Solicitation 1300514290 is issued as a brand name procurement. The Government intends to purchase on a firm fixed-price basis, and to solicit and negotiate the proposed purchase order on a brand name basis for Hewlette Packard, under the authority implemented by Federal Acquisition Regulation (FAR) by FAR Part 13.106-1(b). Has to be brand name and a HP authorized dealer. This procurement is a total set-aside for small business under the authority of FAR Part 52.219-6. This is a firm fixed-price procurement; therefore, the offeror's intial offer should represent the vendor's best quote in terms of price and technical acceptability. Your quote must contain enough technical information to evaluate your quote. Your quote will only be evaluated on the information you provide. ***Basis for Award*** The Government intends to award this on a brand name basis. All interested parties MUST submit a brand name quote no later than Sept 8th, 2015. Only brand name responses will be considered. Award will be made to the vendor that submits the lowest, aggregate, firm fixed-price, brand name quotation. If two or more quotes are equal the award shall be made by drawing of lot limited to valid quotes. The drawing shall be witnessed by at least three persons, and the contract file shall contain the names and addresses of the witnesses and the person supervising the drawing. ***Instructions to Offerors*** Please include the following information with your response: •(1) FOB: •(2) Shipping Cost: •(3) Tax ID# •(4) Dun & Bradstreet # •(5) Cage Code: •(6) Small Business - Yes ___ No ___ •(7) Estimated Delivery Date: •(8) If available on a Pricelist please provide a copy. Government Point of Contact: Colleen Ringler Naval Air Warfare Center AD (PAX) 2.5.1 RAC, 21983 Bundy Road, BLDG 441 Patuxent River, MD 20670-1127 Email: colleen.ringler@navy.mil ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 112 Each Hewlett Packard FFP HG932A1 S6H HP 9500 UPG 1.2TB SAS 10K HDD HW SUPP FOB: Destination NET AMT ACRN AB CIN: 130051429000004 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 112 Each Hewlett Packard FFP AV477AU, HP 9500 UPG 1.2TB SAS 10K 2.5IN DP HDD FOB: Destination NET AMT ACRN AB CIN: 130051429000002 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 18 Each Hewlett Packard FFP HA124A1 5PR, HP Startup XP7 P9000 UPGD deployment SVC FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0007 1 Each NSP Hewlett Packard FFP HP 1 YR Critical Service W/DMR SVC FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0008 1 Each NSP Hewlett Packard FFP HA124A1 HP Technical installation startup SVC FOB: Destination NET AMT Section E - Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC 0004 POP 01-SEP-2015 TO 30-SEP-2016 N00421 0005 POP 01-SEP-2015 TO 30-SEP-2016 N/A FOB: Destination N00421 0006 POP 01-SEP-2015 TO 30-SEP-2016 N/A FOB: Destination N00421 0007 POP 01-SEP-2015 TO 30-SEP-2016 N/A FOB: Destination N00421 0008 POP 01-SEP-2015 TO 30-SEP-2016 N/A FOB: Destination N00421 Section G - Contract Administration Data ACCOUNTING AND APPROPRIATION DATA CLAUSES INCORPORATED BY FULL TEXT 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (a) Definitions. As used in this clause-- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that -- (1) The offeror has entered all mandatory information, including DUNS number or the DUNS +4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database; (2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number-- (i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) Offerors may obtain information on registration at https://www.acquisition.gov. 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) (a) Definitions. As used in this clause-- (1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer. (3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/. (c) The Contractor may submit a payment request and receiving report using other than WAWF only when-- (1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; (2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System); (3) DoD makes payment for rendered health care services using TRICARE Encounter Data System (TEDS) as the electronic format; or (4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required. (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests. COM252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. as used in this clause-- "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). "Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). _____________________ _____________________________________________________ (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. ______________________ _____________________________________________________ (Contracting Officer: Insert inspection and acceptance locations or "Not applicable.") (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC: N64142__________________ Issue By DoDAAC: N00421___________________ Admin DoDAAC: N00421___________________ Inspect By DoDAAC: N00421___________________ Ship To Code: N/A___________________ Ship From Code: N/A______________________ Mark For Code: N/A______________________ Service Approver (DoDAAC): N00421______________________ Service Acceptor (DoDAAC): N00421___________________ Accept at Other DoDAAC: N/A___________________ LPO DoDAAC: N/A______________________ DCAA Auditor DoDAAC: N/A______________________ Other DoDAAC(s): N/A______________________ (*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.") (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. (Contracting Officer: Insert applicable email addresses or "Not applicable.") (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6 (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.204-13 System for Award Management Maintenance JUL 2013 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.213-2 Invoices APR 1984 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information AUG 2013 CLAUSES INCORPORATED BY FULL TEXT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (APR 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 and 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 shall check as appropriate. ] [___] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 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) 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). [___] (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 2014) (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]. [_X__] (14)(i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). [___] (ii) Alternate I (Nov 2011) of 52.219-6. [___] (iii) Alternate II (Nov 2011) of 52.219-6. [___] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 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)). [_X__] (25) 52.222-3, Convict Labor (Jun 2003)(E.O. 11755). [_X__] (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014)(E.O. 13126). [_X__] (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). [_X__] (28) 52.222-26, Equal Opportunity (Apr 2015)(E.O. 11246). [_X__] (29) 52.222-35, Equal Opportunity for Veterans (July 2014)(38 U.S.C. 4212). [_X__] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014)(29 U.S.C. 793). [_X__] (31) 52.222-37, Employment Reports on Veterans (July 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 Products (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(R) 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(R) Registered Televisions (Jun 2014)(E.O.s 13423 and 13514). [___] (ii) Alternate I (Jun 2914) 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(R) Registered Personal Computer Products (Jun 2014) (E.O.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. [___] (iii) 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. 2303 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. 4504, 10 U.S.C. 2307(f)). [___] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4504, 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)(Executive Order 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 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 (Mar 2007)(E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (July 2014)(38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014)(29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (July 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)(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. 78 and 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)(Executive Order 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. 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/these address(es): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil.
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