Finalized Freeman Marine HSCG40-10-Q-50042.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

HSCG40-10-Q-50042

6. SOLICITATION ISSUE

DATE 4/22/2010

7. FOR SOLICITATION

INFORMATION CALL: a. NAME

Benaiah Grimes

b. TELEPHONE NUMBER No collect calls) (410) 762-6190

8. OFFER DUE DATE/

LOCAL TIME

May 22, 2010; 2:00 EST

9. ISSUED BY CODE 10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: 100%FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

NAICS: 336312

SIZE STANDARD: 750 Employees

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

U.S. Coast Guard Surface Forces Logistics Center Small Boat Product Line Mail Stop 25, Bldg. 31, 2nd Floor 2401 Hawkins Point Road Baltimore, MD 21226-5000

13.a THIS CONTRACT IS A RATED ORDER UNDER

DPAS (15 DFR 700) N/A

14. METHOD OF SOLICITATION

RFQ IFP RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Schedule Page # 14 Benaiah Grimes Same as Block #9

(410) 762- 6190

17.a CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

See Page #16

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AN ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29.

AWARD OF CONTRACT: REFERENCE ___________________ OFFER

DATED ___________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

Kelly Wyatt

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL NUMBER AND

PAPERWORK BURDEN STATEMENT

STANDARD FORM 1449 (4/2002)

Prescribed by GSA – FAR (48CFR) 53.212

TABLE OF CONTENTS

DESCRIPTION PAGE(S)

Standard Form 1449 (SF1449) 1

Table of Contents 2 Addendum to Standard Form 1449:

Block 20, Schedule of Supplies/Services 3-12 Deliveries or Performance 13-15 Contract Administration 16-17

Addendum to FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items 18-21

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders – Commercial Items 22-25

Quotation Submission Requirements 26-27

FAR 52.212-2, Evaluation - Commercial Items 28-29

FAR 52.212-3, Offeror Representation and Certifications - Commercial Items 30-41

All parts listed herein are manufactured by or for Freeman Marine Equipment Inc. Alternate part numbers shall not be accepted. Any and all part number changes must be brought to the attention of the Contracting Officer prior to the date and time scheduled for receipt of proposals.

QUANTITIES

The quantities shown in the Schedule reflect the estimated quantities to be ordered.

DELIVERY ORDER LIMITATIONS

A. Individual delivery order limitations are defined in the Addendum to FAR 52.212-4, Page 18, FAR 52.216-19, Page 18, Order Limitations.

B. Order quantities for option years shall be set at the same limit.

ORDERING

Material shall be ordered by the issuance of individual delivery orders. Refer to FAR 52.216-18, entitled “Ordering” on Page 18.

FUNDING:

Funding shall be obligated on each individual delivery order issued under this Contract.

PERIOD OF PERFORMANCE:

The base contract shall be for one (1) year after award of contract with the Government reserving the option to two (2) years.

Note: In the event of any discrepancy between the unit price and extensions, the unit price shall govern.

ADDENDUM TO SF 1449 - BLOCK 20

SCHEDULE OF SUPPLIES/SERVICES

BASE YEAR

EST. UNIT TOTAL

CLIN DESCRIPTION QTY PRICE PRICE

0001 Gasket Hatch -012 Door, P/N, 9826-2004 2 Each $________ $__________

0002 Forward Hatch Gasket, P/N, 9813-2001 4 Each $________ $__________

0003 Dog Handle W/Bearing, P/N, 0221-2013 2 Each $________ $__________

0004 Hinge, Machined, MLB Weld-on Panel, 2 Each $________ $__________ P/N, 0462-2014

0005 SH, Gasket 011 Door, P/N, 9826-2001 2 Each $________ $__________

0006 SH, Gasket 011 Door, P/N, 9826-2009 2 Each $________ $__________

0007 Arm, Hold Open, St., P/N, 0431-2051 14 Each $________ $__________

0008 Arm, Hold Open, Straight, P/N, 0431-2052 10 Each $________ $__________

0009 Arm, Hold Open, Angle, P/N, 0431-2053 18 Each $________ $__________

0010 Gasket, Survivor Compartment, P/N, 9826-2002 2 Each $________ $__________

0011 Arm, Hold, Open Angled 006 Window, P/N, 0431-0254 10 Each $________ $__________

0012 Gas Spring 10/23-200, Steel, 12, P/N, 0423-2102 24 Each $________ $__________

0013 Marine Dog Assembly, P/N, 0031-2152 16 Each $________ $__________

0014 Dog Set, Fwd Deck Locker, P/N, 0251-0021 4 Each $________ $__________

0015 Hold Open Body, P/N, 0112-2007 2 Each $________ $__________

0016 Hold Open Body w/Brushing, P/N, 0112-2032 6 Each $________ $__________

0017 Gas Spring 10/23-200, S/S for Door -007, P/N, 0423-2007 8 Each $________ $__________

0018 Hold Open Assy, Straight -005 MLB Window, P/N, 0031-2047 2 Each $________ $__________

CLIN DESCRIPTION QTY PRICE PRICE

0019 Hold Assy, Angled- 005 MLB Window, P/N, 0031-2048 2 Each $________ $__________

0020 Hold Open Assy, Angled- 006 MLB Window, P/N, 0031-2049 2 Each $________ $__________

0021 Hold Open Assy, Straight -006 MLB Window, P/N, 0031-2050 2 Each $________ $__________

0022 Hold Open Assy, w/o Rod, P/N, 0031-0002 2 Each $________ $__________

0023 Hatch, P/N, 2433-0002 2 Each $________ $__________

0024 Freeman Hatch, P/N, 10402A 22 Each $________ $__________

0025 Hatch, Marine, P/N, 2422-0002-0011 20 Each $________ $__________

0026 Window, Marine, P/N, 911-440-0000-019 1 Each $________ $__________

0027 Window, Marine, P/N, 911-440-0000-020 1 Each $________ $__________

0028 Hatch, Marine, P/N, 1524-K 4 Each $________ $__________

0029 Door, Metal, Marine Structure, P/N, P0000192-9086 1 Each $________ $__________

0030 Door, Metal, Marine Structure, P/N, P0000192-9087 2 Each $________ $__________

0031 Door,Metal 24X36, P/N, 911-5060000-009 1 Each $________ $__________

0032 Door, Metal 24X40, P/N, 911-5060000-010 1 Each $________ $__________

0033 Door, Metal, Marine, P/N, 911-5060000-0111 Each $________ $__________

0034 Door, Metal, Marine Structure, P/N, 911-5060000-012 1 Each $________ $__________

0035 Door, Metal, Marine, Structure, P/N, P0000192-9093 2 Each $________ $__________

0036 Door Metal 28WX54, P/N, 911-05060000-008 1 Each $________ $__________

0037 Door, Metal, Marine Structure, P/N, P0000192-9092 2 Each $________ $__________

0038 Door, Metal, Marine Structure, P/N, P0000192-9088 2 Each $________ $__________

FIRST OPTION YEAR

CLIN DESCRIPTION QTY PRICE PRICE

1001 Gasket Hatch -012 Door, P/N, 9826-2004 2 Each $________ $__________

1002 Forward Hatch Gasket, P/N, 9813-2001 4 Each $________ $__________

1003 Dog Handle W/Bearing, P/N, 0221-2013 2 Each $________ $__________

1004 Hinge, Machined, MLB Weld-on Panel, 2 Each $________ $__________ P/N, 0462-2014

1005 SH, Gasket 011 Door, P/N, 9826-2001 2 Each $________ $__________

1006 SH, Gasket 011 Door, P/N, 9826-2009 2 Each $________ $__________

1007 Arm, Hold Open, St., P/N, 0431-2051 14 Each $________ $__________

1008 Arm, Hold Open, Straight, P/N, 0431-2052 10 Each $________ $__________

1009 Arm, Hold Open, Angle, P/N, 0431-2053 18 Each $________ $__________

1010 Gasket, Survivor Compartment, P/N, 9826-2002 2 Each $________ $__________

1011 Arm, Hold, Open Angled 006 Window, P/N, 0431-0254 10 Each $________ $__________

1012 Gas Spring 10/23-200, Steel, 12, P/N, 0423-2102 24 Each $________ $__________

1013 Marine Dog Assembly, P/N, 0031-2152 16 Each $________ $__________

1014 Dog Set, Fwd Deck Locker, P/N, 0251-0021 4 Each $________ $__________

1015 Hold Open Body, P/N, 0112-2007 2 Each $________ $__________

1016 Hold Open Body w/Brushing, P/N, 0112-2032 6 Each $________ $__________

1017 Gas Spring 10/23-200, S/S for Door -007, P/N, 0423-2007 8 Each $________ $__________

1018 Hold Open Assy, Straight -005 MLB

1019 Hold Assy, Angled- 005 MLB Window, P/N, 0031-2048 2 Each $________ $__________

1020 Hold Open Assy, Angled- 006 MLB Window, P/N, 0031-2049 2 Each $________ $__________

1021 Hold Open Assy, Straight -006 MLB Window, P/N, 0031-2050 2 Each $________ $__________

1022 Hold Open Assy, w/o Rod, P/N, 0031-0002 2 Each $________ $__________

1023 Hatch, P/N, 2433-0002 2 Each $________ $__________

1024 Freeman Hatch, P/N, 10402A 22 Each $________ $__________

1025 Hatch, Marine, P/N, 2422-0002-0011 20 Each $________ $__________

1026 Window, Marine, P/N, 911-440-0000-019 1 Each $________ $__________

1027 Window, Marine, P/N, 911-440-0000-020 1 Each $________ $__________

1028 Hatch, Marine, P/N, 1524-K 4 Each $________ $__________

1029 Door, Metal, Marine Structure, P/N, P0000192-9086 1 Each $________ $__________

1030 Door, Metal, Marine Structure, P/N, P0000192-9087 2 Each $________ $__________

1031 Door,Metal 24X36, P/N, 911-5060000-009 1 Each $________ $__________

1032 Door, Metal 24X40, P/N, 911-5060000-010 1 Each $________ $__________

1033 Door, Metal, Marine, P/N, 911-5060000-0111 Each $________ $__________

1034 Door, Metal, Marine Structure, P/N, 911-5060000-012 1 Each $________ $__________

1035 Door, Metal, Marine, Structure, P/N, P0000192-9093 2 Each $________ $__________

1036 Door Metal 28WX54, P/N, 911-05060000-008 1 Each $________ $__________

1037 Door, Metal, Marine Structure, 1038 Door, Metal, Marine Structure, SECOND OPTION YEAR

CLIN DESCRIPTION QTY PRICE PRICE

2001 Gasket Hatch -012 Door, P/N, 9826-2004 2 Each $________ $__________

2002 Forward Hatch Gasket, P/N, 9813-2001 4 Each $________ $__________

2003 Dog Handle W/Bearing, P/N, 0221-2013 2 Each $________ $__________

2004 Hinge, Machined, MLB Weld-on Panel, 2 Each $________ $__________ P/N, 0462-2014

2005 SH, Gasket 011 Door, P/N, 9826-2001 2 Each $________ $__________

2006 SH, Gasket 011 Door, P/N, 9826-2009 2 Each $________ $__________

2007 Arm, Hold Open, St., P/N, 0431-2051 14 Each $________ $__________

2008 Arm, Hold Open, Straight, P/N, 0431-2052 10 Each $________ $__________

2009 Arm, Hold Open, Angle, P/N, 0431-2053 18 Each $________ $__________

2010 Gasket, Survivor Compartment, P/N, 9826-2002 2 Each $________ $__________

2011 Arm, Hold, Open Angled 006 Window, P/N, 0431-0254 10 Each $________ $__________

2012 Gas Spring 10/23-200, Steel, 12, P/N, 0423-2102 24 Each $________ $__________

2013 Marine Dog Assembly, P/N, 0031-2152 16 Each $________ $__________

2014 Dog Set, Fwd Deck Locker, P/N, 0251-0021 4 Each $________ $__________

2015 Hold Open Body, P/N, 0112-2007 2 Each $________ $__________

2016 Hold Open Body w/Brushing, P/N, 0112-2032 6 Each $________ $__________

2017 Gas Spring 10/23-200, S/S for Door -007, P/N, 0423-2007 8 Each $________ $__________

2018 Hold Open Assy, Straight -005 MLB

2019 Hold Assy, Angled- 005 MLB Window, P/N, 0031-2048 2 Each $________ $__________

2020 Hold Open Assy, Angled- 006 MLB Window, P/N, 0031-2049 2 Each $________ $__________

2021 Hold Open Assy, Straight -006 MLB Window, P/N, 0031-2050 2 Each $________ $__________

2022 Hold Open Assy, w/o Rod, P/N, 0031-0002 2 Each $________ $__________

2023 Hatch, P/N, 2433-0002 2 Each $________ $__________

2024 Freeman Hatch, P/N, 10402A 22 Each $________ $__________

2025 Hatch, Marine, P/N, 2422-0002-0011 20 Each $________ $__________

2026 Window, Marine, P/N, 911-440-0000-019 1 Each $________ $__________

2027 Window, Marine, P/N, 911-440-0000-020 1 Each $________ $__________

2028 Hatch, Marine, P/N, 1524-K 4 Each $________ $__________

2029 Door, Metal, Marine Structure, P/N, P0000192-9086 1 Each $________ $__________

2030 Door, Metal, Marine Structure, P/N, P0000192-9087 2 Each $________ $__________

2031 Door,Metal 24X36, P/N, 911-5060000-009 1 Each $________ $__________

2032 Door, Metal 24X40, P/N, 911-5060000-010 1 Each $________ $__________

2033 Door, Metal, Marine, P/N, 911-5060000-0111 Each $________ $__________

2034 Door, Metal, Marine Structure, P/N, 911-5060000-012 1 Each $________ $__________

2035 Door, Metal, Marine, Structure, P/N, P0000192-9093 2 Each $________ $__________

2036 Door Metal 28WX54, P/N, 911-05060000-008 1 Each $________ $__________

2037 Door, Metal, Marine Structure, 2038 Door, Metal, Marine Structure, DELIVERIES OR PERFORMANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

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 www.arnet.gov.

NUMBER TITLE DATE

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)(ALT. I, APR 1984)

a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

ITEM QTY WITHIN DAYS AFTER……

All CLIN’s As Required 30 calendar days after the date of each individual delivery order

NOTE: Any part ordered to support a casualty must be shipped within 24 hours of receipt of an order. Verbal orders may be authorized in support of casualties.

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM QTY WITHIN DAYS AFTER……

All CLIN’s As Required ___ calendar days after the date of each individual delivery order

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer may be determined unacceptable and may be rejected.

http://www.arnet.gov/

HSCG40-10-Q -50042

SHIPPING DESTINATION(S)

All parts ordered under this contract shall be shipped to the following address:

U.S. Coast Guard Surface Forces Logistics Center U.S. Coast Guard Transformation Warehouse Warehouse Building 88 1873 W. Ehringhaus Street 2401 Hawkins Point Road -or- Elizabeth City, NC 27908 Baltimore, MD 21226 M/F: Contract Number {To be furnished at time of award} Delivery Order {To be furnished with each Delivery order}

The Government reserves the right to direct deliver any part under this contract to any Coast Guard unit within the United States, Guam, Puerto Rico, or other U.S. territories. Shipping charges shall be negotiated at the time orders are placed. The Contractor shall be required to submit signed delivery tickets as proof of delivery.

PRESERVATION, PACKAGING, AND MARKING

All parts ordered under this Contract shall be individually packaged in accordance with ASTM D 3951, Standard Practice for Commercial Packaging. Bar coding is required in accordance with ANSI/AIM BC1. All parts shall be individually marked with the following information when applicable:

National Stock Number Part Number Item Name Quantity Unit of Issue Contract Number Delivery Order Number

The Contracting Officer reserves the right to require the Contractor to assign specific items a unique serial number.

The serial number shall be stamped, engraved, or otherwise permanently affixed to each item. The serial number shall consist of block alphanumeric characters and be clearly visible.

MARKING OF WARRANTED ITEMS

Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of the warranty. Markings may be brief but should include

(i) a brief statement that a warranty exists; (ii) the substance of the warranty; (iii) its duration; and (iv) whom to notify if the supplies are found to be defective. For commercial items, the contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

PACKING LIST

All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that cites the proper contract and delivery order number. Each packing unit shall have a list of all items contained in that unit. The packing list shall be securely attached to the outside of the container and shall be enclosed in a clear waterproof envelope.

NOTE

Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

USCG INSPECTION AND ACCEPTANCE

The Contractor shall be responsible for the performance of any inspection and test requirements. Inspection shall take place at Destination. Final acceptance shall be made by a Government representative at Destination. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements as outlined herein.

FAR 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced.

Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: _____________________________ Signature: _____________________________________ Title: _________________________________________

CONTRACT ADMINISTRATION DATA

ADDRESS OF CORRESPONDENCE

All correspondence, except as otherwise specified, shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center Small Boat Product Line Attn: Kelly Wyatt, Contract Officer Mailstop 26, Bldg. #31, 2nd Floor 2401 Hawkins Point Road Baltimore, MD 21226-5000 M/F: Contract Number: {To be furnished at the time of award} Delivery Order Number: {To be furnished with each individual delivery order}

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, shall be the contract administrator of this contract – Benaiah Grimes, (410) 762-6190, Benaiah.M.Grimes@uscg.mil.

COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

Delivery orders shall be issued by the following Coast Guard activity:

U.S. Coast Guard Surface Forces Logistics Center Small Boat Product Line Mailstop 26, Bldg. #31, 2nd Floor 2401 Hawkins Point Road Baltimore, MD 21226-5000

TELECOMMUNICATED ORDER/FACSIMILE ORDER

Orders may be issued by the Contracting Officer by telecommunication (verbally) or by facsimile, and then followed by written confirmation when such action is in the best interest of the Government.

INVOICING REQUIREMENTS – FIRM-FIXED PRICE CONTRACTS

(a) All information set forth in FAR Clause 52.212-4(g), Invoices, must be included in an invoice for it to constitute a proper invoice.

(b) An original invoice shall be submitted to the following designated payment office:

Chief, Fiscal Branch U.S. Coast Guard, ALC 1664 Weeksville Road, Bldg. 63 Elizabeth City, NC 27909 M/F: Contract Number/Delivery Order Number: {to be furnished with each individual delivery order}

Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contracting Officer.

Contractors may submit invoices electronically at ALC-Fiscal@uscg.mil mailto:ALC-Fiscal@uscg.mil

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER

INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

NAME: _______________________________

TITLE: _______________________________

ADDRESS: _______________________________

TELEPHONE NUMBER: _____________________

EMAIL ADDRESS: __________________________

STANDARD COMMERCIAL WARRANTY

If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor's most favored customer.

Offerors are requested to state the terms and conditions of their standard commercial warranty in the space provided below and attach a copy of the warranty terms with their offer.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Technical Representative acting within the limits of their authority. A Contracting Officer’s Technical Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein.

GOVERNMENT REPRESENTATIVES

(a) The Government, may upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Technical Representative(s), Resident Inspector(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS (MAR 2009)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Chief of Contracting Office, U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, and shall not be binding until so approved.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of contract award through a period of one year for the base year and each of the four option years if exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $100,000;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within THIRTY (30) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five

(5) calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after contract expiration.

FAR 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 ONE (1) calendar day prior to the expiration of this contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 five (5) years.

The following Homeland Security Acquisition Regulations are hereby incorporated by reference, with the same force and effect as if incorporated in full text. The full text of these clauses may be viewed electronically at www.dhs.gov.

NUMBER TITLE DATE

HSAR 3052.242-72 Contracting Officer’s Technical Representative DEC 2003 HSAR 3052.242-71 Dissemination of Contract Information DEC 2003

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN

2006)

(a) Prohibitions.

Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause.

http://www.dhs.gov/

The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur.

(b) Definitions. As used in this clause:

“Expanded Affiliated Group” means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

“Foreign Incorporated Entity” means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, Public Law 107-296, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

“Inverted Domestic Corporation” A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes after November 25, 2002, the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group, which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

“Person, domestic, and foreign” have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity;

or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection

(b)(1) of Section 835 of the Homeland Security Act, Public Law 107-296.

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is after the date of enactment of this Act and which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of Public Law 107-296 to the acquisition of domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments;

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure.

By signing and submitting its offer, an offeror under this solicitation represents that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law 107-296 of November 25, 2002.

(g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS (FEB 2010)

(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 (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 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

[ ] (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) [Reserved]

[ X ](8)(i) 52.219-6, Notice of Total Small Business 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.

[X] (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) (15 U.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).

[X] (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

[X] (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

[X] (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).

[ ] (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) 52.222-54, 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.)

[ ] (27) (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.)

[ ] (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

[ ] (29) (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] (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

[ ] (31) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

[ ] (ii) Alternate I (Jan 2004) of 52.225-3.

[ ] (iii) Alternate II (Jan 2004) of 52.225-3.

[] (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (33) 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).

[ ] (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[ ] (36) 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)).

[ ] (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[X] (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C.

3332).

[ ] (39) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

[ ] (40) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

[ ] (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (42) (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:

[ ] (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) 52.226-6, 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)(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 (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) [Reserved]

(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) [Reserved]

(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…