Uniforms Solicitation Final rev11.doc

PROJECT NAME

PROJECT NUMBER

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1

PRICING/COST

LOT I - BASE YEAR – DATE OF AWARD THROUGH 9/30/2009

DENIM SHIRTS

3-IN-1 PARKA

PIECES**

LOT II - OPTION YEAR 1– 10/1/2009 THROUGH 9/30/2010

3 IN 1 PARKA

LOT III - OPTION YEAR 2– 10/1/2010 THROUGH 9/30/2011

3 IN 1 PARKA

LOT IV - OPTION YEAR 3– 10/1/2011 THROUGH 9/30/2012

3 IN 1 PARKA

PIECES*

LOT V - OPTION YEAR 4– 10/1/2012 THROUGH 9/30/2013

3 IN 1 PARKA

B.2

PRICING

Prices quoted should be stock sizes and colors available from most manufacturers. Any sizes larger than stock sizes will be a special custom cut. If pricing differs by size, please note this difference in your proposal or the price will be deemed good for all sizes. The shipping cost must be included in the unit price.

*NOTE: The Contracting Officer’s Technical Representative (COTR) will specify the size(s) at the time the order is placed (see Section F.1 ORDERING PROCEDURES).

**NOTE: These are annual minimums and maximums.

B.3

TYPE OF CONTRACT

The National Gallery of Art (NGA or the Gallery) anticipates awarding an indefinite quantity/indefinite delivery firm fixed-price contract, with purchases issued by delivery orders. The contract will have a base year, with four (4) one-year option periods.

B.4

INCENTIVE

As an incentive, the Gallery intends to award the Contractor five (5) additional one-year option periods for exceptional performance and outstanding customer service without additional competition.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1

BACKGROUND

The NGA, as the premier art gallery in the U.S., requires uniforms that are of high quality and workmanship. Several departments within the NGA require employees to wear uniforms in the performance of their job. All uniforms to be furnished under this contract will be purchased by the NGA. In addition, the uniforms for the Housekeeping Department within Facilities Management will be laundered each week. Uniforms for the security force are not covered by this contract.

C.2

OBJECTIVE

The objective of this acquisition is to obtain both uniforms and laundry service for the NGA.

C.3

UNIFORM APPAREL

The Contractor shall provide uniforms as specified below. See Section B for the minimum and maximum amounts.

3.1 UNIFORM SHIRTS

3.1.1 Unisex Shirts

The Contractor shall provide unisex polo shirts and unisex button-down denim shirts in both long and short sleeves. The Contractor shall also provide long sleeve mock turtle neck shirts.

The following attributes are required for the unisex polo shirts:

· Polo shirts shall be constructed with a breathable, knit fabric intended for use by individuals in crafts/trades. Poly-cotton or other cotton-blend fabrics are desirable.

· Polo shirts shall also be available in moisture wicking (Dri-Fit) and U/V protection fabrics.

· Polo shirts shall be available in a variety of solid colors. Polo shirts shall also be available in a multi-color style, with the collar and cuffs a different color than the body of the shirt, and a textured style. The solid color, multi-color, and textured shirts shall include, at a minimum, the colors hunter green, navy blue, and white. The Contractor shall provide an assortment of colors, color patterns, and textures to the NGA for selection. The NGA will choose up to six (6) solid-color shirts, up to three (3) multi-color shirts, and up to three (3) textured shirts. This is the expected minimum color and texture selection for the Contractor to furnish under the contract.

· Polo shirts shall have a fashion-ribbed collar and ribbed knit cuffs or banded sleeves.

The following attributes are required for the unisex button-down denim shirts:

· Button-down denim shirts shall be constructed with heavy-weight, 100% cotton fabric intended for use by individuals in a trade/craft.

· Button-down denim shirts shall be dark-washed blue denim.

The following attributes are required for the long sleeved mock turtle neck shirts:

· Mock turtle neck shirts shall be constructed with a breathable, knit fabric intended for use by individuals in crafts/trades. Poly-cotton or other cotton-blend fabrics are desirable.

· Mock turtle neck shirts shall also be available in moisture wicking (Dri-Fit) and U/V protection fabrics.

· Mock turtle neck shirts shall be available in a variety of solid colors, including, at a minimum, the colors hunter green, navy blue, and white. The Contractor shall provide an assortment of colors to the NGA for selection. The NGA will choose up to six (6) solid-color shirts. This is the expected minimum selection for the Contractor to furnish under the contract.

The following attributes are required for unisex polo, button-down denim shirts, and mock turtle neck shirts:

· Shirts shall be constructed to withstand repeated institutional washing and drying.

· Shirts shall have a breast pocket located on the left side.

· Shirts shall be available in sizes ranging from small to 5X-large. Shirt tails shall be long enough to tuck in and still accommodate tall individuals.

· Shirts shall be embroidered with the NGA logo on the uniform centered above the pocket with the bottom edge of the embroidery starting one-half inch above the top edge of the pocket. The logo shall be three (3) inches in diameter with gold-colored thread.

3.1.2 Men’s Shirts

The Contractor shall provide men’s button-down twill work shirts in both long and short sleeves.

The following attributes are required for the men’s button-down twill work shirts:

· Men’s work shirts shall be constructed from a wrinkle resistant, 100 percent brushed twill cotton fabric intended for use by individuals in crafts/trades.

· Men’s work shirts shall be constructed to withstand repeated institutional washing and drying.

· Men’s work shirts shall be available in a variety of solid colors. Work shirts shall also be available in a multi-color style, with the inner collar and cuffs a different color than the body of the shirt. The solid color and multi-color shirts shall include, at a minimum, the colors hunter green, navy blue, and white. The Contractor shall provide an assortment of colors and color patterns to the NGA for selection. The NGA will choose up to six solid-color shirts and up to three multi-color shirts. This is the expected minimum for the Contractor to furnish under the contract.

· Men’s work shirts shall have button-down collars and cuffs.

· Men’s work shirts shall have a breast pocket located on the left side.

· Men’s work shirts shall be available in sizes ranging from small to 5X-large. Shirt tails shall be long enough to tuck in and still accommodate tall individuals.

· Men’s work shirts shall be embroidered with the NGA logo on the uniform centered above the pocket with the bottom edge of the embroidery starting one-half inch above the top edge of the pocket. The logo shall be three inches in diameter with gold-colored thread.

3.1.3 Women’s Blouses

The Contractor shall provide women’s button-down blouses in both long and short sleeves.

The following attributes are required for the women’s button-down blouses:

· Women’s blouses shall be constructed from a wrinkle resistant breathable, knit fabric intended for use by individuals in crafts/trades Poly-cotton or other cotton-blend fabrics are desirable

· Women’s button-down blouses shall be available in a variety of solid colors. The blouses shall include, at a minimum, the colors hunter green, navy blue, sky blue, and yellow. The Contractor shall provide an assortment of colors to the NGA for selection. The NGA will choose up to six solid-color shirts and up to three multi-color shirts. This is the expected minimum for the Contractor to furnish under the contract

· Women’s blouses shall have button-down collars and cuffs.

· Women’s blouses shall have darting or other stitching that presents a “professional, feminine look.”

· Women’s blouses shall be embroidered with the NGA logo on the uniform centered above the pocket with the bottom edge of the embroidery starting one-half inch above the top edge of the pocket. The logo shall be three inches in diameter with gold-colored thread.

C.3.2 UNIFORM PANTS

The Contractor shall provide slacks and jeans in separate men’s and women’s cuts. The slacks and jeans shall not be unisex.

The following attributes are required for the men’s and women’s slacks:

· Slacks shall be constructed from a soil and wrinkle resistant fabric intended for use by individuals in crafts/trades. Cotton or cotton-blends are desirable.

· Slacks shall be available in navy blue, khaki, and black. The Contractor shall provide samples for approval by the NGA.

The following attributes are required for the men’s and women’s jeans:

· Jeans shall be constructed from heavy weight, 100% cotton intended for use by individuals in crafts/trades.

· Jeans shall be available in dark-washed blue denim.

· Jeans shall be available in relaxed-fit and carpenter styles.

· Jeans shall be comparable to Carhartt work jeans in weight and construction; denim weights shall be between eleven and fifteen ounces.

The following attributes are required for the men’s and women’s slacks and jeans:

· Pants shall be constructed to withstand repeated institutional washing and drying.

· Pants shall have two rear pockets and two front pockets.

· Pants shall be reinforced at vulnerable points (belt loops, zippers, seats). Double-stitching is desirable.

· Pants shall come in even and odd waist sizes for men from 28 to 56 and even waist sizes for women from 4 to 28.

· Pants shall come in even inseam sizes from 28-36.

· Men’s and women’s pants shall be made from the same quality materials.

C.3.3 UNIFORM FLEECE JACKETS AND VESTS

The Contractor shall provide zippered fleece jackets and zippered fleece vests.

The following attributes are required for the zippered fleece jackets and vests:

· Fleece jackets and vests shall be available in hunter green, navy blue, and gray. The Contractor shall provide samples for approval by the NGA.

· Fleece jackets and vests shall be embroidered with the NGA logo centered above the left breast. The logo shall be three (3) inches in diameter with gold-colored thread.

C.3.4 UNIFORM PARKAS AND COATS AND HOODED PULLOVER

SWEATSHIRTS

The Contractor shall provide a waterproof breathable 3-in-l parka which includes an inner jacket and an outer parka that can be worn individually or zipped together. The Contactor shall provide a duck-lined chore coat. The Contractor shall also provide a heavyweight, hooded pullover sweatshirt with a front muff pocket.

The following attributes are required for the waterproof breathable 3-in-1 parkas, duck-lined chore coats, and hooded pullover sweatshirts:

· Waterproof breathable 3-in-1 parkas, duck chore coats, and hooded pullover sweatshirts shall be available in hunter green, navy blue, and gray. The Contractor shall provide samples for approval by the NGA.

· Waterproof breathable 3-in-1 parkas, duck chore coats, and hooded pullover sweatshirts shall be embroidered with the NGA logo centered above the left breast. This includes both pieces of the 3-in-1 coat. The logo shall be three (3) inches in diameter with gold-colored thread.

· Waterproof breathable 3-in-1 parkas, duck chore coats, and hooded pullover sweatshirts shall be machine washable and dryable

C.3.5 UNIFORM CAPS

The Contractor shall provide a one-size-fits-all beanie-style knit cap and an adjustable (by snaps) baseball cap.

The following attributes are required for both the beanie-style knit cap and the adjustable baseball cap:

· Caps shall be available in navy blue, at a minimum. The Contractor shall provide samples for approval by the NGA.

· Caps shall be embroidered with a centered NGA logo. The logo shall be two and a quarter (2 ¼) inches in diameter with gold-colored thread.

C.4 UNIFORM LAUNDRY SERVICE AND LABELING SYSTEM

The Contractor shall provide complete uniform laundry service to include uniform delivery and cleaning for an estimated 50 employees. The Contractor shall pick-up soiled uniforms weekly for cleaning. If the day is a Federal holiday, the pick-up and delivery day shall be on the next regular work day that the Gallery is open for business. The uniforms shall be laundered to clean and remove all dirt, chemical residue, and sweat from everyday use. The uniforms shall be neat in appearance and clean after laundering. Cleaned uniforms shall be free of all stains or other marks which would be undesirable for wear at the NGA. Uniforms which are undesirable for wear after laundering should be brought to the attention of the COTR. Each piece of clothing shall be returned on a hanger and under a clear plastic protective cover, and sorted by individual name. Laundry shall be picked up weekly on the same day from the NGA and returned on the same day of the following week. The pick-up and delivery day for the laundry will be coordinated with the COTR.

The Contractor shall also provide a quarterly cleaning of bulk miscellaneous uniform apparels not to exceed 150 pieces quarterly. These uniform apparels shall be picked up and returned with the regular, weekly laundry, but they shall remain separated.

The Contractor shall also devise and employ a labeling system for each employee and each garment that allows each employee’s laundry to be easily identified, separated, and/or grouped. The Contractor shall employ or modify the existing labeling system used on previously purchased garments as well as employ a similar or new labeling system for newly purchased garments. The existing labeling system will be on display at the mandatory site visit (see Section L.1).

C.5

CONTRACTOR INVENTORY

The Contractor shall maintain an accurate inventory log, by employee’s name, for the number of individual pieces (e.g. shirts, pants, etc.) laundered each week. A copy of this log shall be delivered to the COTR on the day when uniforms are picked up and delivered. The pick-up and delivery day for the laundry will be coordinated with the COTR.

C.6

SAMPLES AND EMBROIDERED NGA LOGOS

Offerors shall provide samples of the uniform products (i.e., shirts, pants, jackets, vests, parkas, coats, and caps) including the attachment of the universal NGA logo on specified clothing articles in accordance with Section L.3.1.B.1.a. There is one (1) universal NGA logo and four (4) department-specific NGA logos. Offerors shall also provide stand-alone samples of all five embroidered NGA logos.

The NGA logos will be on display at the mandatory site visit (see Section L.1). Pictures of the logos will also be provided at the mandatory site visit (see Section L.1). It is expected that Offerors will produce a high-quality replica in three (3) and two and a quarter (2 ¼) inch sizes and be flexible in making improvements as requested. The final logos must be approved before the contract will be awarded.

After evaluation of the proposals, Offerors within the competitive range will be contacted to send additional embroidered samples. These Offerors may either send additional embroidered samples or request their original unembroidered samples be returned for embroidery. Such requests should be accompanied by a pre-paid Fed Ex label.

C.7

UNIFORM WARRANTY AND REPLACEMENT POLICY

All uniform apparel is required to be of the highest quality and workmanship, with durable fabrics and sturdy seams, etc. so as to reasonably withstand repeated, heavy use by crafts and trades people. Accordingly, the Contractor shall propose a universal, fair warranty and exchange policy for all uniform items. It is expected that the warranty will cover and replace items damaged due to manufacturers’ defects, repeated failure of the same item, or unexpected, extensive damage caused by normal use. It is not expected that the warranty will cover damage from normal wear, tear, and use.

SECTION D – PACKAGING AND MARKING

D.1

MARKING

All information and submittals, including forms, reports, and other materials provided to the CO or the COTR shall be clearly marked with the contract number as follows:

NGA CONTRACT NUMBER: TBD

D.2

PACKAGING AND PACKING

The Contractor shall package and pack materials in such a manner that will insure delivery, storage and handling products using means and methods that will prevent damage deterioration, and loss, including theft.

SECTION E – INSPECTION AND ACCEPTANCE

E.1

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov (End of clause)

E.2

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

SECTION F – DELIVERIES OR PERFORMANCE

F.1

ORDERING PROCEDURE

The Contractor shall provide all uniform apparel (i.e., shirts, pants, jackets, vests, parkas, coats, and caps) ordered in the quantity and size requested and within the specified delivery time of ten (10) to fourteen (14) business days.

F.2

DELIVERABLES

The Contractor shall submit a Quarterly Report to the COTR. The Quarterly Report must include as a minimum: quantities, sizes, and model numbers ordered and uniforms laundered within the quarter.

F.3

PERIOD OF PERFORMANCE

The Contractor will provide the required products and services for this contract as follows:

NOTE: See Section B.4 INCENTIVE for additional one-year option periods.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1

CONTRACT MANAGEMENT

The following individuals will have designated authority for the Gallery during the performance of the contract:

G.1.1

CONTRACTING OFFICER (CO)

The CO shall effect all contract administration. Communications pertaining to contract administration matters. No changes in or deviations from this contract are authorized unless directed in writing by the CO.

The CO is the only person authorized to make or approve any changes in any of the requirements of the contract and notwithstanding any provisions contained elsewhere in this contract. The said authority remains solely with the CO. The CO is authorized to appoint a Contract Specialist to perform administrative contracting functions for this contract. In the event the Contractor makes any changes at the direction of any person other than the CO, the change shall be considered to have been made without the authority of the CO or the Gallery and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof. The CO is also responsible for making the final decisions on matters under dispute, unsatisfactory performance, as well as contract terminations for convenience or default.

Henrietta Brox-Campbell is hereby designated as the CO. The CO may be changed at any time by the Gallery without prior notice to the Contractor, but notification of the change, including the name and address of the successor CO, shall be promptly provided to the Contractor in writing.

Henrietta V. Brox-Campbell

National Gallery of Art

Office of Procurement and Contracts (APC)

2000B South Club Drive

Landover, MD 20785

Phone: (202) 842-6408

Fax: (202) 312-2792

E-mail: h-brox@nga.gov G.1.2

PURCHASING AGENT (PA)

Debra Young-Leak is hereby designated as the PA. The PA may be changed at any time by the Gallery without prior notice to the Contractor, but notification of the change, including the name and address of the successor PA, shall be promptly provided to the Contractor in writing.

Debra Young-Leak

National Gallery of Art

Office of Procurement and Contracts (APC)

2000B South Club Drive

Landover, MD 20785

Phone: (202) 842-6457

Fax: (202) 312-2792

E-mail: d-young-leak@nga.gov G.1.3

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

The COTR shall be designated on authority by the CO to monitor all technical aspects and assist in the administration of this contract. A copy of the COTR’s letter of designation shall be issued to the COTR with a copy furnished to the Contractor, stating the responsibilities and limitations of the COTR. This letter shall clarify, to all parties of the contract, the responsibilities of the COTR. The duties of the COTR include but are not limited to: assuring the Contractor’s compliance with the technical requirements, performing or arranging necessary inspections in connection with the technical performance, maintaining both written and oral communications with the Contractor, notifying the Contractor and the CO of any deficiencies observed, monitoring the Contractor’s overall performance, and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COTR does NOT have the authority to alter the Contractor’s obligations, direct changes that fall within purview of the General Provisions clause entitled “Changes”, or modify any of the expressed terms, conditions, specifications, or cost under this contract. If because of technical discussions it is desirable to alter/change contractual obligations within the Scope of the Work, the CO shall issue such changes in writing.

Jacklyn Thompson is hereby designated as the COTR. The COTR may be changed at any time by the Government without prior notice to the Contract, but notification of the change, including the name and address of the successor COTR, shall be promptly provided to the Contractor in writing.

Taniesha Kelly

Office of Procurement and Contracts (APC)

2000B South Club Drive

Landover, MD 20785

Phone: (202) 842-6854 Fax:

(202) 842-6934 E-mail: t-kelly@nga.gov G.2

CORRESPONDENCE

All non-technical correspondence shall be prepared in accordance with Section D and addressed to the CO. All technical correspondence shall be prepared in accordance with Section D and submitted to the COTR.

G.3

SUBMISSION OF INVOICES

All invoices shall include the contract number and be sent to:

Jacklyn Thompson

Facilities Management (AFM)

2000B South Club Drive

Landover, MD 20785

The Contractor shall submit proper invoices on a monthly basis for any work performed during the month being invoiced. To constitute a proper invoice, each invoice submitted shall include the following information and/or attached documentation:

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number

(4) Description, price, and quantity of services/supplies actually rendered/delivered;

(5) Delivery date or Period of performance covered by the invoice;

(6) Payment Terms;

(7) Name and address of the Contractor’s official to whom payment is to be sent. The “Remit To” address must correspond to the remittance address in the contract

(8) Name, title, phone number, and mailing address of contact person to be notified in the event of a defective invoice;

(9) Other substantiating information or documentation as required by the contract, including Pre and Post Inspection Forms; and

(10) The following statement on the first page of each original invoice:

COTR’s CERTIFICATION

I certify to the best of my knowledge and belief that the services/supplies shown on the invoice have been performed/delivered and are accepted.

COTR Signature

Date

G.4

PAYMENTS

Payment shall be made by:

Treasurer’s Office (TGA)

National Gallery of Art

2000B South Club Drive

Landover, MD 20785

G.5

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov (End of clause)

G.6

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1

PUBLIC USE OF THE NAME OF THE NATIONAL GALLERY OF ART

The Contractor shall not refer to the Gallery nor use the Gallery’s name for any reason whatsoever without the express prior written approval of the CO.

H.2

REGULATIONS AND GUIDANCE

The Contractor shall be responsible for adherence to all applicable standards, regulations, and rules. Failure to inspect the site or to obtain knowledge of the Gallery’s security rules and regulations including but not limited to, those contained or referenced herein shall not relieve the Contractor from performing the contracted work or complying with established security rules and regulations.

H.3

KEY PERSONNEL

Due to the heightened level of security that must be maintained, the NGA limits the number of Key Personnel to be admitted to the NGA facilities. The Key Personnel will consist of a driver and one (1) back-up driver who will provide the deliveries for the NGA account upon contract award. The COTR will provide the Contractor with forms which must be completed for a NGA security background check for the drivers. The Contractor shall submit these forms to the COTR within five (5) working days after receipt. The Contractor shall notify the COT and the CO immediately when a change in the key personnel occurs and shall submit a justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

INDIVIDUAL NAME

POSITION/TITLE

__DRIVER_______________________________ _________________________________

__ALTERNATE DRIVER____________________

H.4

CHANGES IN KEY PERSONNEL

The Contractor is required to notify the CO in writing within fourteen (14) calendar days of any proposed changes to the Key Personnel named above. The qualifications of a proposed replacement will be reviewed by the Gallery. If the proposed replacement is deemed to possess comparable skills to the Key Person being replaced, the Gallery will promptly approve the replacement and modify the Key Personnel clause accordingly.

SECTION I – CONTRACT CLAUSES

I.1

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov (End of clause)

I.2

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

I.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APRIL 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

__ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(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 (Section 1553 of Pub.L. 111-5).

__ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub.L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Removed]

__ (8) (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.

__ (9) (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.

__ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

__ (11) (i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (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.

__ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages–Subcontracting Plan (JAN 1999) (15U.S.C. 637(d)(4)(F)(i)}.

__ (14) (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.

__ (15) 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).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C 657 f).

__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APRIL 2009) (15 U.S.C. 632(a)(2)).

_X (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

__ (21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

_X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

__ (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) 52.233-16, 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.

__ (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 (FEB 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-

286, 109-53 and 109-169).

__ (ii) Alternate I (JAN 2004) of 52.225-3.

__ (iii) Alternate II (JAN 2004) of 52.225-3.

__ (33) 52.225-5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (34) 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).

__ (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 (MAY 1999) (31 U.S.C. 3332).

_X (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.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (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 (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.)

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

(8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(i) 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 (DEC 2008) (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) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub.L. 111-5). Applies to subcontracts funded under the Act.

(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 (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(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 (FEB 2009) (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 (Nov 2007) (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 (February 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)

I.4

52.232-18 AVAILABILITY OF FUNDS.

As prescribed in 32.705-1(a), insert the following clause:

Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

52.212-3 Offeror Representations and Certifications—Commercial Items.

Offeror Representations and Certifications—Commercial Items (FEB 2009)

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.