Final_Solicitation_Package_HSCG40-14-R-52007.pdf

HSCG40-14-R-52006

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

6. SOLICITATION ISSUE

7/15/2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

IRIS JOHNSON, CONTRACT SPECIALIST

b. TELEPHONE NUMBER No collect calls) (410) 762-6427

8. OFFER DUE DATE/

LOCAL TIME

8/5/14 4:30 EST

9. ISSUED BY CODE

10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: 100%FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

NAICS: 336999

SIZE STANDARD: 500 Employees

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

U.S. Coast Guard Surface Forces Logistics Center

CPD3/Small Boat Product Line

Mail Stop 99, Bldg. 31, 2 nd

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

DESIGNATED ON EACH DELIVERY ORDER

Iris Johnson, Contract Specialist

(See Address in Block 9 above)

Iris.M.Johnson@uscg.mil

17.a CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

Chief, Fiscal Branch

U.S. Coast Guard, ALC

1664 Weeksville Road, Bldg. 63 ALC-Fiscal@uscg.mil

Elizabeth City, NC 27909

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 Attached Pages 2 through 40

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

To be funded on each individual delivery order

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

Requirements

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 mailto:ALC-Fiscal@uscg.mil

TABLE OF CONTENTS

DESCRIPTION PAGE(S)

Standard Form 1449 (SF1449) 1

Table of Contents 2

Addendum to Standard Form 1449: 3

Schedule of Supplies/Services and Prices 4-11

(Continuation of SF 1449 Blocks 19-24)

CONTRACT CLAUSES

Addendum to Contract Clause 52.212-4 12-16

FAR Clause 52.212-5, Contract Terms and Conditions 17-22

Required to Implement Statutes or Executive Orders—

Commercial Supplies

SOLICITATION PROVISIONS

Addendum to Solicitation Provision – FAR Clause 52.212-1 23

Proposal Submission Requirements 24-25

EVALUATION

Commercial Supplies – FAR Clause 52.212-2 26-27

FAR Clause 52.212-3, Offeror Representations and 28-40

Certifications-Commercial Supplies.

NOTE: FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (JUL 2013) and FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items (SEP 2013) are hereby incorporated by reference.

ADDENDUM TO STANDARD FORM 1449

SCHEDULE OF SUPPLIES/SERVICES

This contract will cover *new* Duramax Marine parts for inventory. All parts listed herein are Duramax

Marine part numbers. 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 52.216-19, Order Limitations, Page 14 of this contract.

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 Clause 52.216-18, entitled “Ordering” on Page 14 of this contract.

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 extend for four (4) one (1) year additional option 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 STERN NOTCH FENDER, P/N 802100503 40 Each $________ $__________

0002 FENDER, DB-50 BLACK, 20 FT, P/N 802005001-20 800 Each $________ $__________

0003 POLY WASHER STRIP, DB-50NS, P/N 802000025 5 Each $________ $__________

0004 CORNER, BLACK EPDM, DB-51, P/N 802005101 5 Each $________ $__________

0005 FENDER, DB-50, 40 FT., P/N 802005001-40 600 Each $________ $__________

0006 FENDER, DB-50-BLACK, 60 FT. 600 EACH $________ $__________

0007 SHAFT SEAL REPLACEMENT

KIT, SPECIAL 2 1/2", P/N 841003434-R, 20 Each $________ $__________

0008 BOW NOSE FENDER, P/N 802022504 15 Each $________ $__________

0009 STERN CORNER FENDER , P/N 802022404 5 Each $________ $__________

0010 FWD PORT/STBD RUB RAIL, P/N 802101003 15 Each $________ $__________

0011 AFT RUB RAIL PORT/STBD, P/N 802100903 10 Each $________ $__________

0012 HOSE KIT ASSEMBLY, P/N 841190314 14 Each $________ $__________

0013 BUOY DECK FENDER, P/N 802100803 18 Each $________ $__________

0014 SHAFT SEAL ASSEMBLY, SPECIAL 28 Each $________ $__________

2 1/2" BRONZE, P/N 841003434

0015 STERN DUNNAGE KIT, P/N 813000044 10 Each $________ $__________

0016 BEARING SLEEVE, STERN TUBE, P/N 870642830 30 Each $________ $__________

0017 BEARING, SLEEVE, P/N 870642831 24 Each $________ $__________

0018 BEARING, CUTLASS, P/N 870705732 24 Each $________ $__________

0019 SHAFT SAVER, P/N 841193027 6 Each $________ $__________

0020 RUB RAIL 100 FEET, P/N 802005001-100 800 Each $________ $__________

FIRST OPTION YEAR

1001 STERN NOTCH FENDER, P/N 802100503 40 Each $________ $__________

1002 FENDER, DB-50 BLACK, 20 FT, P/N 802005001-20 800 Each $________ $__________

1003 POLY WASHER STRIP, DB-50NS, P/N 802000025 5 Each $________ $__________

1004 CORNER, BLACK EPDM, DB-51, P/N 802005101 5 Each $________ $__________

1005 FENDER, DB-50, 40 FT., P/N 802005001-40 600 Each $________ $__________

1006 FENDER, DB-50-BLACK, 60 FT. 600 EACH $________ $__________

1007 SHAFT SEAL REPLACEMENT

1008 BOW NOSE FENDER, P/N 802022504 15 Each $________ $__________

1009 STERN CORNER FENDER , P/N 802022404 5 Each $________ $__________

1010 FWD PORT/STBD RUB RAIL, P/N 802101003 15 Each $________ $__________

1011 AFT RUB RAIL PORT/STBD, P/N 802100903 10 Each $________ $__________

1012 HOSE KIT ASSEMBLY, P/N 841190314 14 Each $________ $__________

1013 BUOY DECK FENDER, P/N 802100803 18 Each $________ $__________

1014 SHAFT SEAL ASSEMBLY, SPECIAL 28 Each $________ $__________

1015 STERN DUNNAGE KIT, P/N 813000044 10 Each $________ $__________

1016 BEARING SLEEVE, STERN TUBE, P/N 870642830 30 Each $________ $__________

1017 BEARING, SLEEVE, P/N 870642831 24 Each $________ $__________

1018 BEARING, CUTLASS, P/N 870705732 24 Each $________ $__________

1019 SHAFT SAVER, P/N 841193027 6 Each $________ $__________

1020 RUB RAIL 100 FEET, P/N 802005001-100 800 Each $________ $__________

SECOND OPTION YEAR

2001 STERN NOTCH FENDER, P/N 802100503 40 Each $________ $__________

2002 FENDER, DB-50 BLACK, 20 FT, P/N 802005001-20 800 Each $________ $__________

2003 POLY WASHER STRIP, DB-50NS, P/N 802000025 5 Each $________ $__________

2004 CORNER, BLACK EPDM, DB-51, P/N 802005101 5 Each $________ $__________

2005 FENDER, DB-50, 40 FT., P/N 802005001-40 600 Each $________ $__________

2006 FENDER, DB-50-BLACK, 60 FT. 600 EACH $________ $__________

2007 SHAFT SEAL REPLACEMENT

2008 BOW NOSE FENDER, P/N 802022504 15 Each $________ $__________

2009 STERN CORNER FENDER , P/N 802022404 5 Each $________ $__________

2010 FWD PORT/STBD RUB RAIL, P/N 802101003 15 Each $________ $__________

2011 AFT RUB RAIL PORT/STBD, P/N 802100903 10 Each $________ $__________

2012 HOSE KIT ASSEMBLY, P/N 841190314 14 Each $________ $__________

2013 BUOY DECK FENDER, P/N 802100803 18 Each $________ $__________

2014 SHAFT SEAL ASSEMBLY, SPECIAL 28 Each $________ $__________

2015 STERN DUNNAGE KIT, P/N 813000044 10 Each $________ $__________

2016 BEARING SLEEVE, STERN TUBE, P/N 870642830 30 Each $________ $__________

2017 BEARING, SLEEVE, P/N 870642831 24 Each $________ $__________

2018 BEARING, CUTLASS, P/N 870705732 24 Each $________ $__________

2019 SHAFT SAVER, P/N 841193027 6 Each $________ $__________

2020 RUB RAIL 100 FEET, P/N 802005001-100 800 Each $________ $__________

THIRD OPTION YEAR

3001 STERN NOTCH FENDER, P/N 802100503 40 Each $________ $__________

3002 FENDER, DB-50 BLACK, 20 FT, P/N 802005001-20 800 Each $________ $__________

3003 POLY WASHER STRIP, DB-50NS, P/N 802000025 5 Each $________ $__________

3004 CORNER, BLACK EPDM, DB-51, P/N 802005101 5 Each $________ $__________

3005 FENDER, DB-50, 40 FT., P/N 802005001-40 600 Each $________ $__________

3006 FENDER, DB-50-BLACK, 60 FT. 600 EACH $________ $__________

3007 SHAFT SEAL REPLACEMENT

3008 BOW NOSE FENDER, P/N 802022504 15 Each $________ $__________

3009 STERN CORNER FENDER , P/N 802022404 5 Each $________ $__________

3010 FWD PORT/STBD RUB RAIL, P/N 802101003 15 Each $________ $__________

3011 AFT RUB RAIL PORT/STBD, P/N 802100903 10 Each $________ $__________

3012 HOSE KIT ASSEMBLY, P/N 841190314 14 Each $________ $__________

3013 BUOY DECK FENDER, P/N 802100803 18 Each $________ $__________

3014 SHAFT SEAL ASSEMBLY, SPECIAL 28 Each $________ $__________

3015 STERN DUNNAGE KIT, P/N 813000044 10 Each $________ $__________

3016 BEARING SLEEVE, STERN TUBE, P/N 870642830 30 Each $________ $__________

3017 BEARING, SLEEVE, P/N 870642831 24 Each $________ $__________

3018 BEARING, CUTLASS, P/N 870705732 24 Each $________ $__________

3019 SHAFT SAVER, P/N 841193027 6 Each $________ $__________

3020 RUB RAIL 100 FEET, P/N 802005001-100 800 Each $________ $__________

FOURTH OPTION YEAR

4001 STERN NOTCH FENDER, P/N 802100503 40 Each $________ $__________

4002 FENDER, DB-50 BLACK, 20 FT, P/N 802005001-20 800 Each $________ $__________

4003 POLY WASHER STRIP, DB-50NS, P/N 802000025 5 Each $________ $__________

4004 CORNER, BLACK EPDM, DB-51, P/N 802005101 5 Each $________ $__________

4005 FENDER, DB-50, 40 FT., P/N 802005001-40 600 Each $________ $__________

4006 FENDER, DB-50-BLACK, 60 FT. 600 EACH $________ $__________

4007 SHAFT SEAL REPLACEMENT

4008 BOW NOSE FENDER, P/N 802022504 15 Each $________ $__________

4009 STERN CORNER FENDER , P/N 802022404 5 Each $________ $__________

4010 FWD PORT/STBD RUB RAIL, P/N 802101003 15 Each $________ $__________

4011 AFT RUB RAIL PORT/STBD, P/N 802100903 10 Each $________ $__________

4012 HOSE KIT ASSEMBLY, P/N 841190314 14 Each $________ $__________

4013 BUOY DECK FENDER, P/N 802100803 18 Each $________ $__________

4014 SHAFT SEAL ASSEMBLY, SPECIAL 28 Each $________ $__________

4015 STERN DUNNAGE KIT, P/N 813000044 10 Each $________ $__________

4016 BEARING SLEEVE, STERN TUBE, P/N 870642830 30 Each $________ $__________

4017 BEARING, SLEEVE, P/N 870642831 24 Each $________ $__________

4018 BEARING, CUTLASS, P/N 870705732 24 Each $________ $__________

4019 SHAFT SAVER, P/N 841193027 6 Each $________ $__________

4020 RUB RAIL 100 FEET, P/N 802005001-100 800 Each $________ $__________

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.

PLACE OF DELIVERY

Deliveries are to be made between the hours of 7:30 a.m. and 3:30 p.m. Monday through Friday to:

U.S. Coast Guard Surface Forces Logistics Center

2401 Hawkins Point Rd.

http://www.arnet.gov/

Baltimore, MD 21226

M/F: Contract number {to be furnished at time of award}

Delivery Order {to be furnished with each delivery order} Bldg number {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.

PREPARATION FOR DELIVERY INSTRUCTIONS

1. PRESERVATION: Preservation shall be in accordance with the Original Equipment Manufacturers (OEM) standard practice to prevent deterioration of the supplies and damage due to the hazards of shipping and handling and storage.

2. PACKAGING: Each item shall be individually packaged in its unit of issue (Each, Kit, etc). Unit packs shall be packed in exterior shipping containers, meet common carrier acceptance, and provide safe delivery for multiple shipments.

3. MARKING OF CONTAINERS: Each container shall be marked in legible black print with item name, model number, serial number (if applicable), contract number, delivery order number, shipping weight, quantity/unit of issue, condition code (CONDITION A), and with the words “COAST GUARD SFLC MATERIAL.” Marking shall be in accordance with

MIL-STD-129 P.

4. MARKING OF WARRANTED SUPPLIES: 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 (1) a brief statement that a warranty exists, (2) the substance of the warranty, (3) its duration and (4) who to notify if the supplies are found to be defective.

5. PACKING LIST: All material shipped/ delivered to the Coast Guard under this contract shall be accompanied by an itemized packing list that also contains contract number and delivery order number. This list shall be attached to the outside of the final container in a waterproof envelope securely attached on side containing the marking, but not covering any of said marking.

**NOTE: Failure to prepare items for delivery as directed above shall result in return of the shipment to the contractor 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.

CLAUSES INCORPORATED BY REFERENCE

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://acquisition.gov/far/index.html

CLAUSE NO. TITLE DATE

52.247-34 FOB Destination Apr 1984

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: _________________________________________

ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS

APPROVAL OF CONTRACT

This contract is subject to the written approval of Chief of the Contracting Office and shall not be binding until so approved.

STANDARD COMMERCIAL WARRANTY

If the item(s) required in a contract resulting from this proposal 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.

Vendors are requested to state the terms and conditions of their standard commercial warranty in the space provided below.

If a standard commercial warranty is not applicable, state “none”.

If the contractor’s organization, as standard practice in the sale of these supplies issues a certificate of warranty setting forth the terms and conditions of their standard commercial warranty, any contract resulting from this solicitation shall require the contractor to submit to the Contracting Officer, upon delivery of the supplies, said certificate.

CONTRACT ADMINISTRATION

The Contract Administrator for this contract will be Iris Johnson

Iris Johnson

Iris.M.Johnson@uscg.mil

410-762-6427

ADDRESS OF CORRESPONDENCE

Email correspondence to the Contract Administrator at Iris.M.Johnson@uscg.mil utilizing PDF attachments for all reports is preferred.

Any correspondence that must be mailed due to email size limitations or other reasons shall be directed to the following address:

U.S. Coast Guard Surface Forces Logistics Center M/S 26 Small Boat Product Line 2401 Hawkins Point Road, Bldg 31

Baltimore, MD 21226-5000

Attn: Iris Johnson

COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

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

(Includes SFLC detached duty locations in Norfolk VA and Oakland CA)

VERBAL ORDERS

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

mailto:Iris.M.Johnson@uscg.mil

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor shall not accept any instructions by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the Contracting Officer’s Representative acting within the limits of their authority. The

Contracting Officer’s representative(s) will be designated in writing to the Contractor, and the scope of their authority will be set forth therein.

(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.

PAYMENT INFORMATION

INVOICING REQUIREMENTS

(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 offices:

Chief, Fiscal Branch

US Coast Guard, ALC

1664 Weeksville Road, Bldg 63

Elizabeth City, NC 27909

Electronically at ALC-Fiscal@uscg.mil

**or**

US Coast Guard Yard

PO Box 4122

Chesapeake, VA 23327-4122

Electronically at FIN-SMB-YARDTEAM@uscg.mil

Via the Internet at the following URL: https://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm

Via fax to (757) 523-6904

All invoices must be marked with the applicable Contract Number AND Delivery Order Number. In addition, invoices

MUST be submitted to the correct payment office to ensure prompt payment. Payment offices are designated on each individual delivery order.

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

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: _______________________________

PHONE: _______________________________

EMAIL: _______________________________

mailto:FIN-SMB-YARDTEAM@uscg.mil https://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm

CLAUSES INCORPORATED BY REFERENCE

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

CLAUSE NO. TITLE DATE

52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights Sep 2013

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

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 the contract through a period of one year with the options not to exceed the term of four one year option periods thereafter.

(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 Scheduled.

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

$10.00 per delivery order, 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 $500,000.00.

(2) Any order for a combination of supplies in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(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) above.

(d) Notwithstanding paragraph (b) and (c) above, 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 5 days after issuance, with written notice stating the contractor’s intent not to ship the item (or supplies) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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 schedules are estimates only and are not purchased by this contract.

Except as this contract may otherwise provided, 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 limitation in the Ordering 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 the last delivery order placed under the contract, prior to expiration of the contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MARCH 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day prior to expiration of contract; provided that the Government shall give 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 provision.

(c) The total duration of this contract, including exercise of any options under this clause, shall not exceed 60 months.

HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERCIAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following clauses are incorporated by reference:

(b) Clauses.

_X__3052.205-70 Advertisement, Publicizing Awards, and Releases.

_X__3052.242-72 Contracting Officer’s Technical Representative.

_X__3025.247-72 FOB Destination Only.

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.

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)

(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.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUSES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 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) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

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

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-

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

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.

111-117, section 743 of Div. C).

_X__ (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).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of

Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub.

L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) 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]

___ (14) (i) 52.219-6, Notice of Total Small Business 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.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

_X__ (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 (July 2010) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) (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.

657f).

_X__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (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).

_X__ (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).

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

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

13496).

_X__ (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).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

_X__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10

U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31

U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labot Standards -- Price Adjustment (Multiple

Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, 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 Labor Standards (May 2014), (41 U.S.C. chapter 67).

(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 Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(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. (May 2014) (42 U.S.C.

1792). 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…