M67001-15-T-0019-0001_mod.pdf

CONTRACTING DEPARTMENT

ATTN: TRACY FULKS

PO BOX 8368

CAMP LEJEUNE NC 28547-8368

MMP10015SSM1045

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to reopen the solicitation in order to change the RFQ from set-aside for HUBZone business to 100% set-aside

Economically Disadvantaged Woman-Owned Small Business (EDWOSB). SBA Non-Manufacturer waivers are not granted for HUBZone procurements so the procurement cannot be set-aside for HUBZone. In accordance with FAR 19.203(c) the Contracting Officer has determined that this procurement will be set-aside for EDWOSB in keeping with the determination under the SBA Woman Owned Business Program that this

NAICS 335311 is set-aside for EDWOSB.

Instructions to quoters in FAR Clause 52.212-2 has been changed to include the requirement for quoter to submit all SBA required documentation into the SBA Global Login System (GLS) and the WOSB Program Repository. FAR Clause 52.212-5 has also been changed to reflect the new set-aside.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 08-May-2015

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X M67001-15-T-0019

X 9B. DATED (SEE ITEM 11)

02-Apr-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

08-May-2015

CODE

M67001MARINE CORPS FIELD CONTRACTING SYS

P.O. BOX 8368 BLDG 1116

CAMP LEJEUNE NC 28547-8368

M67001 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE M67001

FACILITY CODECODE

EMAIL:TEL:

M67001-15-T-0019

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 20-Apr-2015 01:00 PM to 21-May-2015 01:00 PM.

The Acquisition Set Aside has changed from Hubzone Small Business to Economically Disadvantaged

Woman Owned Small Business (EDWOSB).

The following have been modified:

All changes are shown in red font.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (Tailored)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Responses to this RFQ will be evaluated and awarded based on: Lowest Price Technically Acceptable (LPTA) to the

Government. Evaluation criteria are: (1) technical specifications, (2) delivery, (3) past performance and (4) price.

Award will be made to the responsible Quoter who provides the lowest evaluated price for a technically acceptable product. Technical acceptability will be based on the demonstrated ability to meet the technical requirements, including the delivery requirement and past performance. A mere statement that the quoter “will meet the

Government requirements” is not sufficient. The quoter must demonstrate how they will meet the requirement.

Quotes will be evaluated and ranked according to price, from lowest to highest. The Government reserves the right to evaluate only the technical quote of the lowest price quoter. Other technical quotes may not be evaluated unless the Government determines the lowest price quoter to be unacceptable or non-responsive. In the event the

Government determines the lowest price quoter to be unacceptable, the technical quote of the next lowest price quoter will be evaluated. This process will continue until a technical quote is determined to be acceptable

The Government intends to evaluate quotes and award a contract without discussions with quoters. Quoters should not expect requests for clarification or additional information from the Government. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions with quoters if later determined by the Contracting Officer to be necessary.

The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.

All factors are equal in value.

(End of provision)

INSTRUCTIONS TO QUOTERS

NOTE; PLEASE ENSURE THAT YOU READ THESE INSTRUCTIONS IN ITS ENTIRETY PRIOR TO

SUBMITTING YOUR QUOTE. WHEN SUBMITTING YOUR QUOTE, ADDRESS ALL REQUIREMENTS

LISTED BELOW.

1. INTENT. MCIEAST- MCB Contracting Office, Camp Lejeune, NC is issuing Request for Quote (RFQ)

M67001-15-T- 0019 for the acquisition and delivery of transformers in various sizes in support of Public Works, Marine Corps Base (MCB), Camp Lejeune, NC 28540.

2. PROCUREMENT APPROACH. The Government will issue a firm fixed price purchase order. The Government intends to award a single purchase order for this requirement. This procurement is for “Brand Name or Equal”.

The manufacturer name and part number are provided only to assist potential quoters in understanding the government's requirement. The Government is not soliciting or suggesting a particular name brand and will consider offers for any brand that fulfills the government's need.

It is the Government’s intent to award this requirement on an “all or none basis” for all line items.

THIS PROCUREMENT IS A 100% SET-ASIDE FOR ECONOMICALLY DISADVANTAGED WOMAN

OWNED SMALL BUSINESS (EDWOSB). ALL RESPONSIBLE EDWOSB SOURCES MAY SUBMIT A

QUOTE WHICH, IF TIMELY RECEIVED, WILL BE CONSIDERED BY THE AGENCY.

THE ASSOCIATED NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE FOR

THIS REQUIREMENT IS 335311, POWER, DISTRIBUTION, AND SPECIALTY TRANSFORMER

MANUFACTURING AND THE SMALL BUSINESS SIZE STANDARD IS 750 EMPLOYEES.

THIS PROCURMENT IS SUBJECT TO THE BUY AMERICAN ACT. IF THE PRODUCT YOU ARE

QUOTING ON IS NOT AMERICAN MADE YOU SHALL IDENTIFY THE COUNTRY IN WHICH IT WAS

MADE.

3. LINE ITEMS/ TECHNICAL SPECIFICATIONS. This requirement is for Brand Name or Equal transformers in various sizes. See each line item for salient characteristics.

4. DELIVERY. The Government requires delivery no later than 20 weeks after date of contract (ADC). The

Quoter shall clearly state in their quote whether the Government's required delivery date can be met.

All items are to be shipped to: Public Works Receiving, Bldg. 1101 Door 4 Birch Street, Camp Lejeune, NC 28542.

Items shall be shipped FOB destination.

5. PAST PERFORMANCE. The vendor shall provide no more than three (3) past performance references on contracts/task orders. The past performance shall have been within the last three (3) years and be of similar scope, magnitude and complexity to that which is detailed in the RFQ. Vendors who present similar contracts should provide a brief explanation demonstrating the relevance of the contracts/purchase orders to the requirements of the

RFQ.

Agency name

Contract number(s)

Dollar value

Brief description of the work completed

Point of contact information (to include email address)

If no past performance is available, the vendor shall affirmatively state that they possess no relevant directly related or similar past performance

In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter will not be evaluated favorably or unfavorably on past performance. Quoters without a record of relevant past performance will receive a “neutral” rating, which will have neither a positive nor negative effect. If there is no record of relevant past performance, quoters must affirmatively state this.

To obtain past performance information, the Government may send out a Past Performance Questionnaire to the quoter's references. Make sure your reference information is up to date. DO NOT GIVE THE NAME OF

REFERENCES UNLESS YOU HAVE MADE SURE THAT THE INDIVIDUAL CAN BE REACHED AT THE

REFERENCED TELEPHONE NUMBER, E-MAIL ADDRESS, OR POSTAL ADDRESS THAT YOU HAVE

PROVIDED. The Past Performance Reference Form is included at Attachment 1

6. PRICING. All quotes submitted shall be the Quoter’s Best Pricing, on an FOB destination basis. The

Government intends to make a single firm-fixed price (FFP) contract award, on an “all or none” basis, to satisfy this requirement.

7. BASIS FOR AWARD. Responses to this RFQ will be evaluated and awarded based on: Lowest Price

Technically Acceptable (LPTA) to the Government.

8. EVALUATION. Award will be made to the responsible Quoter who provides the lowest evaluated price for a technically acceptable product. Technical acceptability will be based on the demonstrated ability to meet the technical requirements, including the delivery requirement and past performance. A mere statement that the quoter

“will meet the Government requirements” is not sufficient. The quoter must demonstrate how it will meet the requirement.

Proposals will be evaluated and ranked according to price, from lowest to highest. The Government reserves the right to evaluate only the technical proposal of the lowest price offeror. Other technical proposals may not be evaluated unless the Government determines the lowest price offeror to be unacceptable or non-responsive. In the event the Government determines the lowest price offeror to be unacceptable, the technical proposal of the next lowest price offeror will be evaluated .This process will continue until a technical proposal is determined to be acceptable.

9. IRAPT (formerly WAWF). As a condition of receipt of this contract, the Quoter agrees to implement the

Department of Defense (DoD) web based software application called Invoicing, Receipt, Acceptance and Property

Transfer (IRAPT, formerly WAWF). This application allows DoD vendors to submit and track invoices and

Receipt/ Acceptance documents electronically, and allows for complete visibility throughout the acceptance and payment process. The Website for registration is https://wawf.eb.mil. Training can be accessed at http://www.wawftraining.com.

10. SUBMISSION. Quoters responding to this announcement shall submit their quote in accordance with FAR

52.212-1. Submission of quote shall include the following:

a. Technical Acceptability: Descriptive Literature outlining the technical specifications of the items quoted to include drawings. The manufacturer’s name and manufacturer’s complete part number of each item shall be submitted in the quote. A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

Quotes shall clearly state all product specifications for quoted items.

b Price: The quoter’s submitted price quote must reflect unit prices, extended amounts per line item, and overall order total.

All submitted pricing must be actual “face-value” pricing having already accounted for any discounts offered and extended to the Government.

The Government requires F.O.B. Destination pricing.

c. Completed copy of:

1) Federal Acquisition Regulation (FAR) Clause 52.204-17 “Ownership of Control of Offeror” (Nov 2014)

Please identify your company on the page with the completed provision/clause;

2) Federal Acquisition Regulation (FAR) Clause 52.212-3 “Contract Terms and Conditions -- Commercial Items

(Dec 2014)” Please identify your company on the page with the completed provision/clause;

http://www.wawftraining.com/

3) Department of Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.209-7992

“Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any

Federal Law-Fiscal Year 2015 Appropriations”. Please identify your company on the page with the completed provision/clause.

4) Entry of all required documentation in the SBA Global Login System (GLS) and the WOSB Program

Repository.

The apparent awardee will be contacted prior to award for the password necessary to access the vendor’s information in the GLS and WOSB Repository for confirmation of eligibility for award under the WOSB

Program.

d. Delivery Information. Clearly state if the quoter can meet the required delivery of no later than 20 weeks after the date of the contract (ADC). The quoter shall provide all items F.O.B. destination.

e. Past Performance. Attachment 1 Past Performance Reference Forms, one (1) for each reference for up to three (3) references.

11. QUESTIONS. Direct all questions regarding this RFQ to Tracy Fulks shall be emailed to:

tracy.fulks@usmc.mil, Questions shall be received no later than Tuesday, 12 May 2015, 10:00 AM EST. Please include the RFQ number M67001-15-T-0019 in the subject line. An amendment will be issued to address all questions submitted.

12. CLOSING DATE AND TIME. The closing date and time for this solicitation is in Block 8 on the front page.

Quoters are responsible for ensuring that their submitted quote has been received and is legible.

Quotes shall be submitted no later than the closing date and time of 21 May 2015 at 1:00PM EDST to be considered for award. All quotes shall be submitted to Ms. Tracy Fulks via email only to tracy.fulks@usmc.mil .

Please include the RFQ number M67001-15-T-0019 in the subject line.

Quoters are responsible for ensuring their quotes have been received. Contact the above indicated contract specialist to ensure the government has received your quote. Delivery delays that cause a quote to be late are not the responsibility of the government agency and such late quotes will be rejected.

Submissions after the date and time above will be considered late and will not be considered for award.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2015)

(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 (Dec 2014)

(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.)

mailto:tracy.fulks@usmc.mil

___ (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 (June

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

Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 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).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 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]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (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 2014) of 52.219-9.

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

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

____ (20) 52.219-16, Liquidated Damages—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).

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

____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

XXX (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).

XXX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).

XXX (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XXX (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XXX (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

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

XXX (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).

XXX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 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.)

____ (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) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014)+(E.O.s 13423 and

13514).

____ (ii) Alternate I (Jun 2014) of 52.223-13.

____ (37)(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.

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

____ (39)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s

13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

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

13513).

____ (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.

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

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

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

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

5150).

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

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

U.S.C. 3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July

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 Labor 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 (Sept 2008) (31 U.S.C. 5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

(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 (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 $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 (l) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 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.

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

(x) XXX (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xi) 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.)

(xii) 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)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 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).

(xv) 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.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

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

(End of clause)

(End of Summary of Changes)