ABL-15085_RFQ_Aquarium_and_Wet_Lab_Support.pdf

OMB Approval No. 9000-0009

Authorized for Local Reproduction STANDARD FORM 18 (Rev. 6-95) Previous Edition Not Usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

This RFQ [X ] is [ ] is not a Small Business Set-Aside Page

Of Pages

1. REQUEST NO.

ABL-15085

2. DATE

ISSUED

02/05/2015

3. REQUISITION/PURCHASE REQUEST

NO.

NFFS7400-15-01277

4. CERT. FOR NAT.

DEF. UNDER BDSA

REG. 2 AND/OR DMS

REG.1

RATING

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS, AUKE BAY LABORATORIES

17109 PT LENA LOOP RD, JUNEAU, AK 99801

6. DELIVER BY (Date) 12/31/2017

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

NAME TELEPHONE NUMBER [X ] FOB DESTINATION [ ] OTHER (see schedule)

SUZANNE JOHNSTON

Suzanne.Johnston@noaa.gov

AREA CODE

NUMBER

789-6061

9. DESTINATION

a. NAME OF CONSIGNEE USDOC/NOAA

ALASKA FISHERIES SCIENCE CENTER, ABL

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

17109 PT. LENA LOOP ROAD

c. STREET ADDRESS

c. CITY

JUNEAU

d. CITY

e. STATE

f. ZIP CODE d. STATE

AK

e. ZIP CODE 99801

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE

1:00pm AST on 02/20/2015

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local Taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

BASE: AQUARIUM AND WET LAB SUPPORT

SERVICES FROM FEB 27 2015 – SEPTEMBER 27,

OPTION 1: AQUARIUM AND WET LAB SUPPORT

SERVICES FROM SEPT. 28, 2015 – SEP 27, 2016

OPTION 2: AQUARIUM AND WET LAB SUPPORT

SERVICES FROM SEPT. 28, 2016 – SEP 27, 2017

Government reserves the right to award for more or fewer months as needed. Award will be made to best value as listed on page 7.

MNTH

12. DISCOUNT FOR PROMPT

PAYMENT

a. 10 CALENDAR DAYS %

b. 20

CALENDAR

DAYS %

c. 30 CALENDAR

DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTA

GE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

a. NAME (type or print) b. TELEPHONE

c. CITY, STATE, ZIP

AREA CODE

c. TITLE (type or print)

QUOTED BY:_____________________ DATE_____________________________

COMPANY NAME:_________________________ email ADDRESS:_______________

PHONE:__________________________ SMALL BUSINESS?___________________

FAX:_____________________________ TAX ID NUMBER:____________________

ADDRESS:___________________________________________________________

DUNS no._______________________________CAGE CODE (CCR):____________

North American Industry Classification System (NAICS) Code & Small Business Size Standard:

112519 Other Aquaculture $750,000

FAX QUOTE TO SUZANNE JOHNSTON (907) 789-6094

Or email SUZANNE.JOHNSTON@NOAA.GOV

Award will only be issued to Vendors/Contractors who:

Are registered and active in SAM (System for Award

Management) at https://www.sam.gov/portal/public/SAM/

STATEMENT OF WORK

Ted Stevens Marine Research Institute

Aquarium and Wet Lab Support

OBJECTIVE – The TSMRI facility aquaria system consists of 5 individual tanks ranging in size from 100 to approximately 2500 gallons. These tanks are connected to the TSMRI sea water influent and effluent systems. The combination and configuration of these tanks were selected to display a collection of species and habitat found in Alaskan waters. This project was modeled after the very successful DIPAC Hatchery aquarium and visitor center. The TSMRI facility wet lab houses a variety of fish rearing units ranging from small 1.5 liter replication rack tanks to 8’ diameter circular tanks. Both the aquaria and wet lab are supplied by a complex seawater pumping, filtering, and distribution system. The objective of this solicitation is to obtain the services of a professional fish culturist and public outreach specialist to perform all duties as necessary for the development, care, and maintenance of the aquaria and wet lab exhibits and systems.

SPECIFIC TASKS/EXPECTATIONS:

This contractor is directly responsible for all facets of the operation and maintenance of the TSMRI aquarium system, and will provide services in coordination with the TSMRI Facility Manager.

Anticipated number of hours per week is 10 to 20. Tasks include (but are not limited to):

Collection and transport of indigenous marine invertebrate and fish specimens. This requires the contractor to hold a valid dive certification, knowledge of the local waters and beaches for collection opportunities, the permitting process to support these activities, and the use of life support systems required for transporting specimens.

Development of exhibits – to include the knowledge of habitat and species necessary for accurate display representation based on the evolving needs of the science

Care and maintenance of exhibits and aquarium system Preventive and corrective maintenance of aquarium and seawater equipment Water quality monitoring Stewardship of the permitting process – to include permit applications and record keeping Working closely with TSMRI staff in the development of the marine education program Communicating exhibit requirements and supplies to TSMRI staff in a timely manner to ensure the needs of the specimens are met

This contractor will also be required to understand, operate, and maintain the complex TSMRI sea water system at the component-level. Previous experience will be the primary rating criteria in the selection of the successful candidate. Dive certification is a requirement of the contractor and a B.S. in Fisheries is preferred.

GOVERNMENT PROVIDED:

NOAA will provide – all tools, equipment, parts, and supplies for the performance of this work with the exception of diving equipment and diving needs.

VENDOR PROVIDED:

Vendor to provide – all labor on an ‘on-call’ basis at a fixed flat monthly rate for all work performed. Vendor must be able to work weekends and evenings. Vendor must provide their own diving equipment necessary to perform all aspects of the required work.

QUALIFICATION REQUIREMENTS:

Understanding on how to operate the complex TSMRI sea water system at the component-level, or similar.

Experience in all areas of the specific tasks listed above. This will be the primary rating criteria in the selection of the successful Contractor.

Dive certification and permitting for collection and transportation of indigenous marine species.

B.S. in Fisheries is preferred.

PLACE AND PERIOD OF PERFORMANCE, AND WORK DAYS

a. Place of Performance: Ted Stevens Marine Research Institute (Lena Point). Work will be performed inside and outside with exposure to all kinds of weather. The work may be dirty, wet, dusty, and greasy, with inadequate lighting, heat, or ventilation.

b. Period of Performance:

Base Award: February 27, 2015 through September 27, 2015

Option I: September 28, 2015 – September 27, 2016

Option II: September 27, 2016 – September 28, 2017

All Options are anticipated to be exercised if it is the most advantageous method of fulfilling the Government’s need, price, and within a timely manner. Options will only be exercised if funds are available, price is determined to still be the best value, and it is determined to be in the best interest of the Government.

INVOICING

In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if a "proper invoice" is received. . A "proper invoice" has:

1. Name of the vendor and an invoice date

2. Purchase order number

3. Description, price and quantity of services & performance period actually delivered or rendered

4. Payment terms are “Net 30”.

5. Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made

Invoices will be submitted to:

DOC/NOAA/NMFS

Auke Bay Laboratories Ted Stevens Marine Research Institute 17109 Point Lena Loop Rd Juneau, AK 99801

IT REQUIREMENTS

This order will not require assignment of a permanent user account, access to DOC data or systems. This contractor will not have access to and will not use any Government hardware, application software, system software, or sensitive data. This service will be performed on-site, but there are no related IT requirements.

PAYMENT TERMS

This order is net 30 days which means you will receive payment 30 days after a proper invoice is received. Do not expect early payment. If it has been longer than 30 days from the Contracting Officer’s receipt of the invoice, you may request information on when you can expect payment.

GENERAL CONDITIONS

1. Damage The Government will not be responsible in any way for damage occasioned by fire, theft, accidents, and otherwise to the Contractor's personal belongings brought into the Government buildings.

2. Performance of work

a) The Government's representative (POC), under whose technical guidance the work will be performed, will be consulted as to the manner of starting and performing the work so as to assure the use of approved techniques and materials.

b) Contractor is authorized to work during holidays, weekends or site closure or during government shutdowns or furloughs, with the advanced notice to the government and approval from the CO or COR..

c) The work will be coordinated between the Contractor and the Government COR or POC, Chief Scientists, and other government employee.

d) The Contractor shall comply with all building regulations while on the premises.

e) Services and operations will generally be performed five days per week (Monday through Friday) during the period 8:00 am to 4:30 p.m. normal business hours.

3. Workmanship The work involved in this contract must be performed accurately, on a timely basis, and with close adherence to established guidelines.

Suspension of Work and Government Shut Down In the case of a Government Wide Shutdown, this contract/order may be subject to a stop-work order. A stop-work order may be issued by writing by the Contracting Officer or Government Official. In accordance with FAR 42.13 - Suspension of Work, Stop-Work Orders, and Government Delay of Work is also made a part of this Acquisition. NOAA will not make payments to contractors for products or services not obligated before the funding lapse. If a contract or order has been issued and funded and productive work is possible then Contractor may continue to operate under your Contract during Laps on written approval of the contracting officer. However, depending on the duration of a funding lapse, the absence of available Federal employee oversight may lead an agency to reconsider whether the contract or grant activity should continue to be performed. Federal employees will not be available to make timely payments to the contractor or grantee in accordance with the contract.

GOVERNMENT RESPONSIBILITY

The COR or their designee shall be available during normal working hours to provide guidance to the Contractor in performance of the contract tasks. Written manuals of standard operating procedures are available for many, but not all tasks and are available for inspection by the Contractor; only the basic processing concepts are described above. The COR shall regularly inspect the work of the Contractor, during performance and after completion, to ensure that acceptable procedures and standards of workmanship are being adhered to and to avoid potential misunderstandings.

INSURANCE COVERAGE

The contractor will be responsible for providing their own workman's compensation and health insurance. The government will not be responsible for providing insurance. The contractor must show proof of workman's compensation insurance if requested by either the CO or COR. If the contractor will be performing hazardous duties of any nature, the government takes no responsibility in event of injury if the contractor has not obtained workman's compensation insurance.

FEDERAL, STATE, AND LOCAL TAXES

Except as may be otherwise provided in this contract price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract but does not include any taxes from which the Government the Contractor or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the date of this Purchase Order.

AWARD CRITERIA

Award will be made based on Best Value, taking into account the following factors, in descending order of importance:

Knowledge & Experience of proposed contract personnel Past Performance information in support of offeror’s ability to meet technical requirements, quality, and timeliness of delivery of goods, services, and customer satisfaction and

Price.

The minimum qualifying knowledge and experience for evaluation of proposals includes the following criteria:

1. Knowledge and experience on the complexity of current operation for the TSMRI sea water system at the component level, or similar.

2. Experience in the specific tasks as outlined in the SOW under Specific Tasks/Expectations

3. Current Dive certification

4. B.S. in Fisheries is preferred

SUBMISSION OF QUOTES

A response to this Request for Quote by interested parties MUST consist of the following:

A written proposal detailing how you meet the governments required qualifications, required skills, preferred skills and prior experience in relation to the Specific Tasks and Deliverables (services) outlined in the above SOW;

Supporting documents of Knowledge & Experience requirements;

Past Performance information;

Expected monthly rate to perform the required services, as noted on signed page 1 of

Standard Form 18; and Verification that the vendor is registered in SAM and has completed the On-Line

Representations and Certifications or has otherwise included completed FAR 52.212-3 Representations and Certifications.

Please send proposals and resumes to Suzanne Johnston at NMFS/Auke Bay Laboratories, 17109 Glacier Hwy, Juneau, AK 99801, and telephone (907) 789-6061 or FAX 907 789-6094.

If there are any questions, please submit them via email to Suzanne Johnston (suzanne.johnston@noaa.gov). She will contact the requisitioner and/or technical representative for the answer. All responses to this solicitations sent by email or fax should reference the Solicitation # ABL-15085, to ensure proper receipt of your response.

Solicitation Provisions:

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (DEC 2012)

Scientific and Research Misconduct

(a) Definitions. As used in this provision –

Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment.

Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security. Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America.

Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities.

It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion.

Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action.

(b) General Guidelines

1. Maintaining Integrity. The Contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudications of allegations of research misconduct.

2. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the Contractor shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto. That Order can be found at http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_202/202-735-D.html

3. Primary Responsibility. The Contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the Contracting Officer, the Contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.

4. By executing this contract, the Contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct.

5. The Contractor shall insert the substance of this provision in subcontracts at all tiers that involve research being performed under this contract.

(c) Investigating Misconduct Research

1. Initiating Investigation. If the Contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the Contracting Officer and, unless otherwise instructed, the Contractor shall:

a. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted.

b. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.

2. Finalizing Investigation. When the investigation is complete, the Contractor shall forward to the Contracting Officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor’s adjudicating official, the adjudicating official’s decision and notification of any corrective action taken or planned, and the subject’s written response (if any).

(d) Findings and Corrective Actions

1. If the Contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:

a. Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and

b. Coordinate remedial action with the Contracting Officer.

(e) Department of Commerce Actions

1. The Department of Commerce may accept the Contractor’s findings or proceed with its own investigation, in which case the Contractor shall fully cooperate with the investigation. The Contracting Officer will inform the Contractor of the Department’s final determination.

2. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations.

Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment.

(End of provision)

52.212-1 Instructions to Offerors – Commercial Items (BR) 52.212-3 Offeror Representations and Certifications (FT) 52.212-2 Evaluation - Commercial Items (BR) Best Value 52.217-4 Evaluation of Options exercised at time of contract award 52.217-5 Evaluation of Options

CAR 1352.215-76 Evaluation Utilizing Simplified Acquisition Procedures (FT)

CAR 1352.252-71 Regulatory Notice (FT)

SERVICE CLAUSES

52.202-1 Definitions. (NOV 2013)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-7 Anti-Kickback Procedures. (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (SEPT. 2013)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.204-13 System for Award Management Maintenance. (JUL 2013)

52.217-8 Option to Extend Services. (NOV 1999)

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10-30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years.

(End of clause)

52.222-17 Nondisplacement of Qualified Workers. (JAN 2013)

52.222-50 Combating Trafficking in Persons. (FEB 2009)

52.227-14 Rights in Data—General. (DEC 2007)

52.232-1 Payments. (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.233-2 Service of Protest. (SEP 2006)

As prescribed in 33.106, insert the following provision:

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Suzanne Johnston, 17109 Pt. Lena Loop Road, Juneau, AK 99801

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.232-18 Availability of Funds. (APR 1984)

52.244-6 Subcontracts for Commercial Items. (DEC 2013)

52.245-1 Government Property. (APR 2012)

52.247-1 Commercial Bill of Lading Notations. (FEB 2006)

52.247-34(a)1 F.o.b. Destination. (NOV 1991)

52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984)

52.212-4 Contract Terms and Conditions—Commercial Items. (SEP 2013)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (JAN 2014)

(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:

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

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L.

111-5).

__ (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 Pub. L. 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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-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 (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) 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—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21)(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.

__ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (25) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (27) 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 28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (36) 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.)

__ (37)(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.)

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (41) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112- 43).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (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 (June 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. 255(f), 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 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 (Jul 2013) (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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

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

__ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110- 247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.

110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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 address: https://www.acquisition.gov/far/index.html

(End of Clause)

FOR FULL TEXT OF A COMMERCIAL ACQUISITION CLAUSE OR PROVISION YOU MAY GO TO

THE FOLLOWING WEBSITE: http://www.osec.doc.gov/oam/acquisition_management/policy/default.htm

CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

CAR 1352.246-70 INSPECTION AND ACCEPTANCE

CAR 1352.215-70 PERIOD OF PERFORMANCE

CAR 1352.237-72 SECURITY PROCESSING REQUIREMENTS FOR

CONTRACTOR/SUBCONTRACTOR PERSONNEL WORKING ON A DEPARTMENT OF

COMMERCE SITE (LOW AND MODERATE RISK)

CAR 1352.239-73 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES

CAR 1352.252-70 REGULATORY NOTICE

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES CLAUSE, IF CHECKING

SERVICE CONTRACT ACT ABOVE

52.222-42 Statement of Equivalent Rates for Federal Hires.

As prescribed in 22.1006(b), insert the following clause:

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only and does not apply to Sole Proprietors It is not a Wage Determination

Employee Class Monetary Wage—Fringe Benefits

N/A

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 address: https://www.acquisition.gov/far/index.html

(End of Clause)

FOR FULL TEXT OF A COMMERCIAL ACQUISITION CLAUSE OR PROVISION YOU MAY GO TO

THE FOLLOWING WEBSITE: http://www.osec.doc.gov/oam/acquisition_management/policy/default.htm

CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

CAR 1352.246-70 INSPECTION AND ACCEPTANCE

CAR 1352.215-70 PERIOD OF PERFORMANCE

CAR 1352.237-72 Security Processing Requirements for Contractor/Subcontractor Personnel Working on a Department of Commerce Site (Low and Moderate Risk)

CAR 1352.239-73 Security Requirements for Information Technology Resources

CAR 1352.252-70 REGULATORY NOTICE