EE133C13RQ0614.pdf

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8. TO:

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 2 OF 14 EE-133C-13-RQ-0614

PREVENTATIVE MAINTENANCE,REPAIR AND

REPLACEMENTS PARTS OF MILLIPORE "MILLI-

Q-CLEAN" LABORATORY WATER SYSTEM S/N:

F4FN78628B

0001 BASE YEAR:

ZWMQCTUX5-MQ CT (OVER 5 YEARS OLD)

EXTENDED WARRANTY

Period of Performance: 09/01/2013 to 08/31/2014

1.00 YR

0002 ZWMQCTUT0/ZWAAZONE2

MQ CENTURY SERVICE TOTAL INCLUDING

REQUIRED TRAVEL TO THE BEAUFORT

LABORATORY. TO BE IN ACCORDANCE WITH FAR

31.205.46 (a)(2)(i).

1.00 EA

0003 ZF3000041 - MAINTENANCE KIT LX/RIOS/MQ

0004 MPGP02001 - MILLIPACK GP NON-STER. (1 BOX)

2.00 EA

0005 ZMQUVLP01 - UV LAP FOR MQ CENTURY

0006 QTUM00ICP - QUANTUM ICP (1/PK)

0007 QFARD00R1 - Q-GARD 1

REPLACEMENTS PARTS OF MILLIPORE "MILLI-

Q-CLEAN" LABORATORY WATER SYSTEM S/N:

F4FN78628B

OPT

0008 OPTION YEAR ONE (1) - ZWMQCTUX5-MQ CT (OVER

5 YEARS OLD) EXTENDED WARRANTY

Period of Performance: 09/01/2014 to 08/31/2015

1.00 YR

OPT

0009 ZWMQCTUT0/ZWAAZONE2

MQ CENTURY SERVICE TOTAL INCLUDING

REQUIRED TRAVEL TO THE BEAUFORT

LABORATORY. TO BE IN ACCORDANCE WITH FAR

31.205.46 (a)(2)(i).

Period of Performance: 09/01/2014 to 08/31/2015

1.00 EA

OPT

0010 ZF3000041 - MAINTENANCE KIT LX/RIOS/MQ

Period of Performance: 09/01/2014 to 08/31/2015

0011 MPGP02001 - MILLIPACK GP NON-STER. (1 BOX)

PAGE 3 OF 14 EE-133C-13-RQ-0614

ZMQUVLP01 - UV LAP FOR MQ CENTURY

Period of Performance: 09/01/2014 to 08/31/2015

1.00 EA

0013 QTUM00ICP - QUANTUM ICP (1/PK)

0014 QFARD00R1 - Q-GARD 1

Q-CLEAN" LABORATORY WATER SYSTEM S/N:

F4FN78628B

OPT

0015 OPTION YEAR TWO (2) - ZWMQCTUX5-MQ CT

(OVER 5 YEARS OLD) EXTENDED WARRANTY

Period of Performance: 09/01/2015 to 08/31/2016

1.00 YR

OPT

0016 ZWMQCTUT0/ZWAAZONE2

MQ CENTURY SERVICE TOTAL INCLUDING

REQUIRED TRAVEL TO THE BEAUFORT

LABORATORY. TO BE IN ACCORDANCE WITH FAR

31.205.46 (a)(2)(i).

Period of Performance: 09/01/2015 to 08/31/2016

1.00 EA

0017 ZF3000041 - MAINTENANCE KIT LX/RIOS/MQ

Period of Performance: 09/01/2015 to 08/31/2016

0018 MPGP02001 - MILLIPACK GP NON-STER. (1 BOX)

0019 ZMQUVLP01 - UV LAP FOR MQ CENTURY

0020 QTUM00ICP - QUANTUM ICP (1/PK)

0021 QFARD00R1 - Q-GARD 1

Q-CLEAN" LABORATORY WATER SYSTEM S/N:

F4FN78628B

OPT

0022 OPTION YEAR THREE (3) - ZWMQCTUX5-MQ CT

(OVER 5 YEARS OLD) EXTENDED WARRANTY

Period of Performance: 09/01/2016 to 08/31/2017

1.00 YR

0023 ZWMQCTUT0/ZWAAZONE2 1.00 EA

PAGE 4 OF 14 EE-133C-13-RQ-0614

MQ CENTURY SERVICE TOTAL INCLUDING

REQUIRED TRAVEL TO THE BEAUFORT

LABORATORY. TO BE IN ACCORDANCE WITH FAR

31.205.46 (a)(2)(i).

Period of Performance: 09/01/2016 to 08/31/2017

0024 ZF3000041 - MAINTENANCE KIT LX/RIOS/MQ

Period of Performance: 09/01/2016 to 08/31/2017

0025 MPGP02001 - MILLIPACK GP NON-STER. (1 BOX)

0026 ZMQUVLP01 - UV LAP FOR MQ CENTURY

0027 QTUM00ICP - QUANTUM ICP (1/PK)

0028 QFARD00R1 - Q-GARD 1

Q-CLEAN" LABORATORY WATER SYSTEM S/N:

F4FN78628B

OPT

0029 OPTION YEAR FOUR (4) - ZWMQCTUX5-MQ CT

(OVER 5 YEARS OLD) EXTENDED WARRANTY

Period of Performance: 09/01/2017 to 08/31/2018

1.00 YR

OPT

0030 ZWMQCTUT0/ZWAAZONE2

MQ CENTURY SERVICE TOTAL INCLUDING

REQUIRED TRAVEL TO THE BEAUFORT

LABORATORY. TO BE IN ACCORDANCE WITH FAR

31.205.46 (a)(2)(i).

Period of Performance: 09/01/2017 to 08/31/2018

1.00 EA

0031 ZF3000041 - MAINTENANCE KIT LX/RIOS/MQ

Period of Performance: 09/01/2017 to 08/31/2018

0032 MPGP02001 - MILLIPACK GP NON-STER. (1 BOX)

0033 ZMQUVLP01 - UV LAP FOR MQ CENTURY

0034 QTUM00ICP - QUANTUM ICP (1/PK)

PAGE 5 OF 14 EE-133C-13-RQ-0614

OPT

0035 QFARD00R1 - Q-GARD 1

Table of Contents

PAGE 6 OF 14 EE-133C-13-RQ-0614

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 STATEMENT OF WORK

SECTION I CONTRACT CLAUSES

I. 1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

I. 2 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)

I. 3 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

I. 4 52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR

MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--REQUIREMENTS (NOV 2007)

I. 5 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

I. 6 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

I. 7 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

I. 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JAN 2013)

I. 9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I. 10 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I. 11 1352.233-70 AGENCY PROTESTS (APR 2010)

PAGE 7 OF 14 EE-133C-13-RQ-0614

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 STATEMENT OF WORK

STATEMENT OF REQUIREMENT

Millipore Milli-Q-Clean Laboratory Water System (MQ Element –ZMQS6VEO1) Full Service Maintenance and extended warranty for a period of twelve (12) months Base Period, and including four (4) Option Years. Base Period of Performance shall be September 1, 2013 through August 31,2014.

The contractor shall provide maintenance coverage for the CPRR branch's Milli-Q-Clean Laboratory Water System reference herein housed at Center for Coastal Fisheries and Habitat Research, 101 Pivers Island Road, Beaufort, NC , room 2-202.

Essential Support Service agreement shall include, on-site service; Engineer labor and travel cost to be included; priority status for technical support inquiries; Preventative maintenance visit; Contract supplied personal computers are covered. Factory-certified replacement parts are included to include (2) two sets of water filters every six (6) months;

Software updates and notifications; Optional subscription to e-support On-line Technical Resources.

The service calls and Preventative maintenance shall be completed by professional field service engineers. All work performed under this contract shall be performed by qualified engineers with manufacturer’s factory training on the specific model of Milli-Q-Clean Laboratory Water System (S/N: F4FN78628B). Sufficient personnel must be assigned to the region to ensure rapid response and personnel backup at all times. The contractor shall guarantee all work and agree to remedy, at its own expense, any defects caused by poor workmanship or materials.

REQUIREMENTS:

1. The Contractor, and any approved subcontractors, shall be appropriately licensed in the state of North Carolina, permitted, and insured for the work to be performed as identified.

2. All procedures involved with this task shall be in accordance with applicable local, state and federal policies, laws and regulations and the NCCOS EMS, which can be found at http://coastalscience.noaa.gov/ems/welcome.htm

3. Upon identification of required services, the contractor will be notified via telephone or email by a NCCOS contact to negotiate an anticipated start date. Work must begin no later than 30 calendar days from the award date.

Compliance with Environmental Management Systems

The Contractor shall perform work under contract consistent with all Federal, State, Local laws and regulations to include, the relevant NOAA policy and objectives identified in the agency, organizational, or facility environmental management system (EMS) applicable for your contract.

The EMS policy can be found at http://coastalscience.noaa.gov/ems/welcome.html.The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls as identified above, and provide monitoring and measurement information as necessary for the organization to address environmental

PAGE 8 OF 14 EE-133C-13-RQ-0614

performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall immediately take corrective and/or preventative actions. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the EMS Site Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

IT Security Requirements

The Certification and Accreditation (C&A) requirements of Clause 48 CFR 1352.239-72 do not apply, and a Security Accreditation Package is not required.

The contractor will not have access to any government owned equipment or be furnished government privileged information.

Knowledge Transfer

The contractor shall provide, as necessary, periodic training whenever the contractor introduces new processes, new technology or when the contractor changes existing processes or technology. All processes and technology changes must be thoroughly documented. It is the responsibility of the contractor to mentor government identified personnel regarding the new or changed process or technologies. When there is a transition within the contractor’s staffing, the contractor shall be responsible for ensuring the incoming personnel is fully versed on any outstanding project deadlines, roles and responsibilities before the new person arrives on the job. In the case of when the services of the contractor is no longer required, the contractor shall begin the knowledge transfer to government personnel or its designated representative at least three weeks before the final contract termination date.

Restrictions Against Disclosure

The contractor agrees, in the performance of this contract, to keep this information furnished by the Government and designated by the Contracting Officer or Contracting Officer’s Technical Representative in the strictest confidence. The contractor also agree not to publish or otherwise divulge such information in whole or part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor’s possession, to those employees needing such information to perform the work provided herein, i.e. on a “need to know” basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement.

The contractor agrees that it will not disclose any information described in performance of this activity to any persons or individual unless prior written approval is obtained from the Contracting Officer. Whenever the contractor is uncertain with regard to the proper handling of information/data under the contract, the contractor shall obtain a written determination from the consultant agreement or subcontract hereunder.

PAGE 9 OF 14 EE-133C-13-RQ-0614

SECTION I

CONTRACT CLAUSES

I. 1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(Reference 52.212-1)

I. 2 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)

(Reference 52.212-4)

I. 3 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

(Reference 52.217-5)

I. 4 52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--REQUIREMENTS (NOV 2007)

(Reference 52.222-51)

I. 5 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

(Reference 1352.201-70)

I. 6 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

I. 7 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

I. 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JAN 2013)

(a) The The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is 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:

(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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (15 U.S.C. 657a).

(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 (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) 52.204-11, American Recovery and Reinvestment Act--Reporting

PAGE 10 OF 14 EE-133C-13-RQ-0614

Requirements (Jul 2010) (Pub. L. 111-5).

(6) 52.209-6, Protecting the Government`s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313).

(8) 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).

(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(10) 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).

(11) [Reserved] (12) XX (i) 52.219-6, Notice of Total Small Business Set-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.

(13)

(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.

(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

(15)

(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

(16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644(r)).

(17) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C.

637(a)(14)).

(18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(19)

(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 (Jun 2003) of 52.219-23.

(20) 52.219-25, Small Disadvantaged Business Participation Program- Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

(21) 52.219-26, Small Disadvantaged Business Participation Program-- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

XX (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

(24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637 (m)).

(25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

XX (26) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

XX (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

PAGE 11 OF 14 EE-133C-13-RQ-0614

XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(34) 52.222-54, Employment Eligibility Verification (Jul 2012).

(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)).

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.

6962(i)(2)(C)).

(36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(37)

(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.

(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(39) 52.225-1, Buy American Act-Supplies (Feb 2009)(41 U.S.C.

10a-10d).

(40)

(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, and 112-42).

(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.

(41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (42) 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).

(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(45) 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)).

(46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

XX (49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).

(50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.

552a).

(51)

(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 1984) 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

PAGE 12 OF 14 EE-133C-13-RQ-0614

reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(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 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) 52.222-17, 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 (Aug 2007) (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 (Dec 2010) (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 2006) (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)).

PAGE 13 OF 14 EE-133C-13-RQ-0614

(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 (Jul 2012).

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

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

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

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

(End of Clause)

I. 9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within FIVE (5) DAYS OF EXPIRATION OF THE

BASE PERIOD OR OPTION PERIOD.

I. 10 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 THIRTY (30) DAYS provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least THIRTY (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 SIXTY (60) MONTHS

I. 11 1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg.

16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

PAGE 14 OF 14 EE-133C-13-RQ-0614

FAX: (202) 482-5858

(End of clause)

NCNS3000-13-00087

N/SCI3

101 PIVERS ISLAND RD

BEAUFORT NC 28516-9722

POCName: LORRAINE EDWARDS Lorraine.Edwards@noaa.gov

N/SCI3

101 PIVERS ISLAND RD

BEAUFORT NC 28516-9722