RFP_HSFE40-16-R-0011.pdf

RFP: HSFE40-16-R-0011

This is a combined synopsis/solicitation prepared in accordance with the format in Far Part 12.203. This announcement constitutes the only solicitation; a proposal is being requested and a written solicitation will not be issued. The solicitation number is HSFE40-16-R-0011 and is issued as a Request for Proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-86. The applicable North American Industry Classification Standard (NAICS) code is 423710 with a small business size standard of 150 Employees. This acquisition is a total Small Business Set Aside. A detailed description of the requirement could be found in the attached Statement of Work (SOW). The factors identified under Part 4 of the attached SOW will be the evaluation factors used to evaluate the offer. Proposals must be specific in details and clearly identify all the government requirements. Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications Commercial Items, with their offer. Also in accordance with the clause, all prospective offerors must be actively registered in the System for Awards Management (SAM) when proposals are submitted.

The offer will be evaluated in accordance to the procedures of FAR PART

12.203 and award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards for non-cost factors.

Proposals should be submitted to Girma Kebede via e-mail:

Girma.Kebede@fema.dhs.gov by 12:00PM EST on 7 September, 2016.

Technical and/or administrative questions must be submitted in writing to Girma.kebede@fema.dhs.gov no later than 12:00PM EST on 23 August, 2016.

EVALUATION FOR AWARD

This acquisition will be evaluated using the Lowest Price Technically Acceptable (LPTA) procedure. A decision on the technical acceptability of each offeror’s quotations will be made. For those offerors which are determined to be technically acceptable, award will be made to that vendor with the lowest overall price. The Government intends to make an award based on the initial quotations. If further questions are required, the contracting officer may contact the offeror(s) for clarification. Award will be made to the responsible offeror whose quotation conforms to all solicitation requirements, such as terms and conditions, representations and certification, technical requirements based on the results of the evaluation described below.

SELECTION CRITERIA: LPTA: Lowest Price Technically Acceptable

NOTE: Award will be made on the basis of the lowest evaluated price of proposals meeting the minimum technical requirements shown below under Factor 1 and Factor 2.

FACTOR 1: TECHNICAL ACCEPTABLITY

The offeror must complete the Attachment 2_All Sites BOM Kit Replenishment_Blank_July2016.xlsx in order to receive a technical rating. The fillable excel file breaks down on each individual tab the quantities of the items needed which are highlighted in yellow.

Each offeror is required to input the item number, manufacture (mfg.) and vendor information along with the unit cost; at the bottom of each sheet, offerors are required to input freight/shipping charges. A summary tab has been included that rolls up the cost for all of the locations.

An evaluation rating of technically Acceptable/Unacceptable will be assigned upon completion of the technical evaluation.

NOTE: If an offeror receives a technical rating of “Unacceptable” they will not be considered for award.

4.1.1.1 Required FEMA Specifications (as per Attachment 2)

Specification Requirement Attachment 1 Reference point (Col, Row) 1 50 ft 12 gauge 15 Amp Extension Cord

(Container Only) A.5

2 Cabinet 2 Door (container only) A.6 3 Cargo Straps, Ratchet Type (container only) A.7

4 Battery Jumper Cables, 16ft 4 gauge A.9 5 Battery Terminal Tool A.10 6 Battery Test, 6-12volt A.11 7 All-purpose wipes (per case) A.13 8 Drain Pan; 4 gal, plastic A.14 9 Fire Extinguisher, Dry Chemical 10lb A.15

10 Spill Kit, 17gal, Hazmat A.16 11 Flashlight, LED w/ Batteries A.18 12 Halogen Worklight Stand 1000 watt, 120vac A.19

13 Electrical tape A.21 14 Phase tape (Red) A.22 15 Phase Tape (Blue) A.23 16 Phase Tape (Brown) A.24 17 Phase Tape (Orange) A.25 18 Phase Tape (Yellow) A.26 19 Phase Tape (White) A.27 20 Phase Tape (Green) A.28 21 Barricade Tape, Yellow/Black (pkg 4) A.29 22 Cable cutter, curved jaw, manual 600 kcmil, aluminum A.31

23 Crimper w/ die, aluminum mechanical A.32 24 Oil filter plier, adj 4 position 9” A.33 25 Filter Pliers, Medium A.34 26 Double face sledge hammer 6lb A.35 27 Spool Roller, 30” capacity 2 piece design A.36 28 Battery terminal lugs 2/0 Negative

(straight, black) A.39

29 Battery terminal lugs 2/0 Positive (straight orange)

A.40

30 Battery terminal lugs 3/0 Negative A.41 31 Battery terminal lugs 3/0 Positive A.42 32 Bolts ¼” – 20 x 1-1/4” long grade 5 A.44 33 Bolts 3/8” – 16 x 1 ¼” long grade 5 A.45 34 Bolts 5/16” -18 x 1 ¼” long grade 5 A.46 35 Compression lugs #2 w/ ¼” hole A.48 36 Compression lugs #2 w/ 3/8” hole A.49 37 Compression lugs 1/0 w/ ¼” hole A.50 38 Compression lugs 1/0 w/ 3/8” hole A.51 39 Compression lugs 2/0 w/ 3/8” hole A.52 40 Compression lugs 3/0 w/ 3/8” hole A.53 41 Compression lugs 3/0 w/ 5/16” hole A.54 42 Compression lugs 4/0 w/ 3/8” hole A.55 43 Compression lugs 4/0 w/ 5/16” hole A.56 44 Stakon connectors for #6 bare wire A.57 45 Flat washer ¼” grade 5 A.59 46 Flat washer 3/8” grade 5 A.60 47 Flat washer 5/16” grade 5 A.61 48 Hex nuts 3/18” – 16 grade 5 A.63 49 Hex nuts ¼” 20 grade 5 A.64 50 Hex nuts 5/16” grade 5 A.65 51 Lock washer ¼” grade 5 A.67 52 Lock washer 5/16” grade 5 A.68 53 Lock washer 3/8” grade 5 A.69 54 Mechanical lugs 1/0 w/ 3/8” hole A.71 55 Mechanical lugs 2/0 w/ 3/8” hole A.72 56 Mechanical lugs 3/0 w/ 3/8” hole A.73

57 Mechanical lugs 4/0 w/ 3/8” hole A.74 58 Electrical cable #2 AWG Bare 500ft A.76 – A.79 59 Electrical cable #2 AWG THHN 500ft A.80 – A.83 60 Electrical cable #6 AWG Bare 500ft A.84 – A.87 61 Electrical cable 2/0 AWG Bare 500ft A.88 – A.91 62 Electrical cable 2/0 AWG THHN 500ft A.91 – A.95 63 Electrical cable 3/0 AWG THHN 500ft A.96 – A.99 64 Electrical cable 4/0 AGW THHN 500ft A.100 – A.103 65 Ground rod connectors A.105 66 Ground rod driver, manual A.106 67 Grounding Rod 3 piece w/ connectors A.107 68 Fuel caddie 15gallon assembled w/ all fittings A.109

69 Low pressure fuel hose ½” – 25ft A.110 70 Low pressure fuel hose ¼” 25ft A.111 71 Low pressure fuel hose 3/16” 25ft A.112 72 Low pressure fuel hose 3/8” 25ft A.113 73 Low pressure fuel hose 5/16” 25ft A.114 74 ½” M NPT to ½” B A.117 75 3/8” M NPT to ½” B A.118 76 ½” M NPT to 3/8” B A.119 77 3/8” M NPT to 3/8” B A.120 78 ¼” M NPT to 3/8” B A.121 79 ¼” M NPT to 5/16” B A.122 80 3/8” M to 5/16” B A.123 81 ½” M NPT to 5/16” B A.124 82 1/8” M NPT to ¼” B A.125 83 ¼” M NPT to ¼” B A.126 84 3/8” M NPT to ¼” B A.127 85 ½” M NPT to ¼” B A.128 86 1/8” M NPT to 3/16” B A.129 87 ¼” M NPT to 3/16” B A.130 88 3/8” M NPT to ½” M NPT Bushing A.132 89 ½” M NPT to 3/8” F NPT Bushing A.134 90 ½” M NPT to ¼” F NPT Bushing A.135 91 3/8” M NPT to ¼” F NPT A.136 92 3/8” M NPT to 1/8” F NPT A.137 93 ¼” M NPT to 1/8” F NPT A.138 94 Quick Disconnect H3 Male A.140 95 Quick Disconnect H3 Female A.141 96 Quick Disconnect H4 Male A.142 97 Quick Disconnect H4 Female A.143 98 OCONUS ONLY: 5 TON Spreader Bar A.145

FACTOR 2: DELIVERY SCHEDULE

Each offeror’s delivery proposal shall be evaluated to determine if the terms proposed by the offeror meets the minimum delivery requirement as specified in Section 3.2.1: Delivery Schedule Requirement in the Statement of Work.

The offerors evaluation of delivery of BOM kit components shall be evaluated to determine if the items proposed to the government meets the delivery requirement as specified below in this Statement of Work (SOW)

a. NET: 30 days from award

b. NLT: 60 days from award

Note: If an offeror receives a delivery schedule rating of “Non- Acceptable”, they will not be considered for award.

FACTOR 3: PRICE (Non-Technical Factor)

The offerors price quotation shall be evaluated, for award purposes based upon the total price proposed for the total requirement. Please fill out Attachment 2_All Sites BOM Kit Replenishment_Blank_July2016.xlsx as part of your price proposal.

Offerors are advised to submit Proposals that are fully and clearly acceptable without requests for additional information. Offerors are required to meet all solicitation requirements, such as terms and conditions and technical requirements as outlined in this solicitation.

The Government intends to select one contractor for contract. However, the Government reserves the right to award no contract at all, depending on the quality of proposal(s) submitted and the availability of funds. Award will be made on an all or none basis.

Proposals must include company name, company DUNS number, and point of contact information.

Proposals should be submitted to Girma Kebede via e-mail:

Girma.Kebede@fema.dhs.gov by 12:00PM EST on 6 September, 2016.

Technical and/or administrative questions must be submitted in writing to

Girma.kebede@fema.dhs.gov no later than 12:00PM EST on 23 August, 2016.

The Provisions and clauses listed below are included as part of this solicitation.

52.212-1 Instructions to Offerors—Commercial Items (Oct 2015)

52.212-2 Evaluation—Commercial Items. (Oct 2014)

52.212-3 Offeror Representations and Certifications—Commercial Items (July 2016)

52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2015)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JUN 2016)

(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) 52.209-10, Prohibition on Contracting with Inverted

Domestic Corporations (NOV 2015).

(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 and 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.)

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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 (OCT 2015) (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.)

[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (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).

[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4. [

] (13) (Reserved)

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C.

637(d)(2) and (3)).

[X ] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (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 (OCT 2015) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C.

644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C.

637(a)(14)).

[X] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[ ] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies

(FEB 2016) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR

2015).

[X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O.

11246).

[ ] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.

4212).

[ ] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[ ] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.

4212).

[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O.

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

[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

(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.)

[ ](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[X] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[X] (45) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (46)(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.

[ ] (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19

U.S.C.

3301 note).

[ ] (48) 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).

[ ] (49) 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).

[ ] (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (53) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[ ] (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (55) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (56) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (57) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C.

552a).

[ ] (58)(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) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.

13495).

[X ] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [ ] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (5) 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).

[ ] (6) 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).

[ ] (7) 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).

[X ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[ ] (10) 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) of this paragraph 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 (OCT 2015) (41

U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 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 $700,000 ($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 (l) of FAR clause 52.222- 17.

(iv) 52.222-21, Prohibition of Segregated

Facilities (APR 2015). (v) 52.222-26, Equal

Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with

Disabilities (JUL 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans

(FEB 2016) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (MAY

2014) (41 U.S.C. chapter 67).

(xi) [ ] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22

U.S.C. chapter 78 and E.O. 13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(xii) 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).

(xiii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658

(DEC 2015).

(xvi) 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).

(xvii) 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.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag

Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.222-3 Convict Labor (June 2003); 52.222-21, Prohibition of Segregated Facilities (Feb 1999); 52.222-26, Equal Opportunity (Apr 2002);

52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001);

52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998);

52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001);

52.222-50 -- Combating Trafficking in Persons;

52.225-1, Buy America Act-Supplies (June 2003);

52.225-2, Buy America Act Certificate (June 2003);

52.225-3, Buy America Act-Free Trade Agreement-Israeli Trade Act (June 2006);

52.232-18, Availability of Funds (Apr 1984);

52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration (Oct 2003).

3052.209-70 Prohibition on Contracts with Corporate Expatriates 3052.209-72 Organizational Conflict of Interest 3052.215-70 Key Personnel or Facilities