RFQ_QSDLAA_A5_12_1540-SQ.docx

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

1 | 38

UNDER BDSA REG. 2

RATING

GSA, FAS, Southwest Operations Supply Center, Acquisition Division (QSDLAA-A5) 819 Taylor Street, Room 6A00 Fort Worth, TX 76102-6105

30 Days ARO Best Delivery Time_____________

(See Schedule)

Lori Herrera, Contract Specialist Lori.herrera@gsa.gov

AREA CODE

NUMBER

850-8388

9. DESTINATION

To be shown on each order issued.

(See Schedule)

c. STREET ADDRESS

c. CITY

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date) Tuesday, February 7, 2012 (2:00 PM Central Time) IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

( c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

A. This is a Request for Quote for (RFQ) for a Standing Quote Agreement (SQA) for a two-year period from DATE OF AWARD, not to exceed $150,000 or 5 years, with annual reviews. Any requests for a price increase will be a matter of negotiation at the time of the annual review. If the SQA reaches $150,000.00 before the end of the five year period, the agreement will be cancelled in its entirety at no cost to either party.

B. The requirements listed are estimates only and no guarantee is given as to the dollar amount to be purchased.

C. Award will be made in the aggregate to the offeror who represents the best value to the Government utilizing the following evaluation factors: technical acceptability, past performance, and price.

D. Inspection will be at Destination. FOB is destination.

E. The Item Purchase Description and Schedule of Items are shown on pages 5 through 8.

F. Required Clauses, applicable to all items in this Request for Quotation, are shown on pages 8 through 38.

G. This is only a request for pricing. Delivery orders will be issued pursuant to the evaluation of the quotations received. DO NOT SHIP.

H. When responding to this Request for Quotation, complete and return the entire package. If you “No Quote,” please indicate and return page 1 only.

12. DISCOUNT FOR PROMPT PAYMENT

NOTE: Additional provisions and representations |X| are |_| are not attached.

c. COUNTY

PHONE

QSDLAA-A5-12-1540-SQ

Schedule of Items

Use the Schedule of Items on page 4 to submit your quoted prices. Provide the unit prices per the unit of issue shown.

A. FOB is DESTINATION.

B. The Item Purchase Description(s) (IPDs) for National Stock Numbers (NSNs) 7350-01-256-1093 Cup Drinking, can be found on pages 5 through 8.

C. When responding to this RFQ, you may submit the entire document via email lori.herrera@gsa.gov. The full document must be received by the closing date and time. The following address can be used to submit your offer by mail:

Attn: Lori Herrera (QSDLAA-A5) 819 Taylor St. Rm6A00 Fort Worth, TX 76102-6105

D. FAR 52.212-1, Instructions to Offerors – Commercial Items (JUN 2008)(FAR12.301(b)(1), is incorporated by reference. Tailor the clause in paragraph (b), Submission of Offers, to specify the requested information needed pertaining to the commitment letter and product literature. See item F. (3) Commitment Letters below.

Paragraph (h), “Multiple awards.” is replaced with a “Single award agreement.” to be issued as a result of this RFQ. Replace the entries showing “SF 1449” references with “SF 18” references for this RFQ.

E. . Evaluation Factors: Award will be made in the aggregate to the offeror who represents the best value to the Government utilizing the following evaluation factors: technical acceptability, past performance, and price. Only those quotes that are determined technically acceptable will be evaluated for the past performance and price factors. Past performance and price are approximately equal in importance. As offers become more equal in non-price factors, the total price becomes more important.

(2) Past Performance: Past performance is evaluated as an indicator of an offeror’s ability to perform the contract successfully. Past performance evaluation is accomplished as pass/fail assessment rating based on accessing offeror’s past performance history. GSA may use any credible information available on the contractor, or any of its proposed subcontractors, including GSA’s own experience with the contractor, in evaluating past performance. The Government will also use the Past Performance Information Retrieval System (PPIRS), if reports exist for the offeror. The website for PPIRS is www.ppirs.gov. An offeror with no record of past performance of the same general nature or for whom GSA has no information available, is not evaluated favorably or unfavorably on past performance, but will be given a neutral rating.

(3) Lowest Evaluated Price: Pricing will be evaluated based on the item’s total price submitted in the block titled “Total Standing Quote Price” in the schedule of items on page 4.

F. SUPPLEMENTAL DOCUMENTATION REQUIRED (FAR 52.212-1(b) Clause as follows.)

(1) Sample. A sample of the product you are offering may be requested, if necessary. Please have a sample available for overnight delivery if needed for evaluation purposes.

(2) List of Exceptions. If exceptions are being taken to any characteristic listed in the attached IPD(s) or requirements listed in this solicitation, a full explanation of the exception must accompany the response of this request for quotation.

(3) Item Description. Please provide a detailed item description as this will be used to determine technical acceptability. The Government will make no assumptions concerning the offeror’s intent. Clear identification is the sole responsibility of the offeror and documents for the products offered are required at the time of offer.

Failure to provide any of the requested information or documents may cause your offer to not be considered for award.

G. The following is how you can obtain specifications:

FED Specs – GSA Federal Supply Service Specifications Section, Ste. 8100, 470 E. L’Enfant Plaza, SW, Washington, DC 20407 [Telephone 202-619-8925, Fax 202-619-8978] http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). Type the document in the “Document ID” field and hit submit. You do not need a password.

MIL Specs – Department of Defense Single Stock Point (DoDSSP), Bldg. 4, Section D, 700 Robbins Ave., Philadelphia, PA 19111-5094 [Telephone 215-697-2667/2179, Fax 215-697-1462] Web Site www.dsp.dla.mil Click on “Online Specs” or http://assist.daps.dla.mil.online/start/ Click on “Quick Search” (left side of screen). Type the document in the “Document ID” field and hit submit. You do not need a password.

ANSI Standards – American National Standards Institute, Inc., 11 West 42nd Street, 13th Floor, New York, NY 10036 [Telephone 212-642-4900]

ASTM – American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 [Telephone 610-832-9585, Fax 610-832-9555] Web Site: www.astm.org, email: service@astm.org. (ASTM does charge for their services.)

Recycled Material – Two sites for information related to the Comprehensive Procurement Guidelines and Recovered Materials Advisory Notices: www.epa.gov/cpg.

Commercial Item Descriptions – http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). You do not need a password.

H. METHOD OF AWARD – Award will be made item-by-item. The low offeror will be determined by multiplying the unit price submitted on each item by the quantity specified, and adding the resultant extensions. In order to qualify for an award, prices must be submitted for each delivery point. To be technically acceptable, the item must meet or exceed the Item Purchase Description(s).

NOTE****FAILURE TO PROVIDE ALL REQUIRED DOCUMENTATION AT TIME OF OFFER MAY RESULT IN YOUR OFFER NO LONGER BEING EVALUATED OR CONSIDERED FOR AWARD. PRODUCT SPECIFICATION SHEETS AND COMMITMENT LETTERS ARE REQUIRED WITH YOUR OFFER.

____________________________________Schedule of Items ___________________________________

1. NSN 7350-01-256-1093, Cup, Drinking

(NAICS 327112) (500 Employees) PROVIDE SPECIFICATION SHEET(S) WITH OFFER.

Item No.

Destination

1-YEAR STANDING QUOTE

Orders (1-Year) Est’d Peak Monthly Req’t Est’d 1-Year QTY

1a

BURLINGTON, NJ (N3)

NSN: 7350-01-256-1093

Cup, Drinking IPD Attached

NSN: 7350-01-256-1093

Cup, Drinking IPD Attached

Request for Quotation # QSDLAA-A5-12-1540-SQ Dated 2/1/12 Best delivery time: ____DARO

· Taxpayer Identification Number (TIN): _____________________

· Data Universal Numbering System (DUNS): ______________________

· Name of Contact: ______________________ E-Mail Address: _______________________

· Phone Number: _______________________ Fax: __________________________

· Supplier Name*: ___________________________

· Name of Contact*: __________________________ (*Note: “Supplier” refers to the company providing you the product, if you are not the manufacturer.)

ITEM PURCHASE DESCRIPTION

NSN: 7350-01-256-1093

CUP, DRINKING (MUG): Shall have the following characteristics:

Unit of Issue – BX (box of 36 cups)

Color sample required.

Design and construction. The base materials shall consist of clay, feldspar, flint, nepheline syenite, and metallic oxide of a quality customarily used for the manufacture of commercial china. The dinnerware shall be a nonporous, fullyvitrified china. The dinnerware shall have a maximum water absorption of 0.4 percent when tested in accordance with ASTM C 373 (except the test specimens shall be glazed ware). The dinnerware shall conform to the design and dimensional requirements shown on the drawing below. Each piece of dinnerware shall sit securely on a flat surface without rocking.

Dimensional variances. The out of roundness of the dinnerware items shall not exceed 1/8 inch while remaining within the overall diameter tolerance limits.

Cup, drinking (mug)

Dimensions:

Performance requirements. The dinnerware items shall meet the impact strength and chipping resistance requirements indicated when tested in accordance with Testing paragraph. The dinnerware shall show no crazing or thermal shock of the body after testing for three cycles at 300 degrees Fahrenheit in accordance with Testing paragraph. The release of heavy metals from the dinnerware shall comply with the Federal Food, Drug, and Cosmetic Act.

IMPACT STRENGTH AND CHIPPING RESISTANCE

Impact Chipping

Finish. The entire surface of the china dinnerware items shall be covered by a uniform and continuous hard impervious glaze which is cleanable and retains this quality except for the following exceptions. Three pin marks no larger than 1/4 inch in diameter from the refractory used to support the ware during firing, four spindle marks no larger than 3/32 inch wide and 3/32 inch up each side of the foot if the foot is glazed, or a dry foot ring shall be allowable on the bottom surface of the ware. If the refractory leaves a mark on the ware, any protrusion will be dulled in such a manner that the skin can not be cut when rubbed across the protrusion. If the refractory support has removed a piece of ware at the support point, the resultant depression in the surface shall be no larger than 1/4 inch in diameter and 1/32 inch deep. The color of the dinnerware shall approximately match one of the following color numbers of FED-STD-595: 17886, 27780, or 27778. If specified, the color shall be judged against a standard sample by the procuring office or agency. The color shall be considered a "close match" provided it is closest in appearance to the required color number than any other color number.

Workmanship. The dinnerware shall be constructed uniformly within the tolerances specified and free from defects as defined in referenced table.

Classification of defects Classification

Marking Not as specified X

Water absorption test. The sample dinnerware items shall be tested for water absorption in accordance with ASTM C 373 except the test shall be performed on glazed dinnerware. Water absorption values greater than 0.4 percent shall be justification for rejection.

Testing. Testing of china samples shall be conducted at the beginning of each new contract or every five (5) years, whichever comes first.

Impact strength and chipping resistance test. The sample dinnerware items shall be tested in accordance with ASTM C 368. The test items shall be visually inspected for damage. If the dinnerware cracks or chips at an average value for the sample lot less than that specified, the lot shall be rejected.

Thermal shock test. The sample dinnerware items shall be tested in accordance with the procedure defined in ASTM C 554. The sample(s) shall be tested for three cycles using a test temperature of 300 degrees Fahrenheit. The sample pieces shall be examined after completion of the test and any indication of glaze or thermal shock shall constitute failure.

`PRODUCT CONFORMANCE. The products provided shall meet the salient characteristics of this description, conform to the producer's own drawings, specifications, standards, and quality assurance practices, and be the same product offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

MARKING. Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DoD) shall be marked in accordance with MIL-STD-129.

PREPARATION FOR DELIVERY. The item(s) shall be packaged and packed in accordance with the latest revision of ASTM D 3951, Standard Practice for Commercial Packaging. Copies of ASTM standards are available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. Phone: 610-832-9585, Fax: 610-832-9555, Web site: www.astm.org, e-mail: service@astm.org.

Palletization: The shipping (transport) containers shall be palletized. The pallets shall be 48-inch length x 40-inch width, general purpose, four-way entry, flush stringer, and double-face non-reversible pallets. The palletized load shall not exceed 2500 pounds in weight for shipments to the Eastern Distribution Center (Burlington). The palletized load shall not exceed 2000 pounds in weight for shipments to the Western Distribution Center (French Camp and Stockton locations). The palletized load shall not overhang the pallet deck board edge by more than 1 inch and shall not exceed 53 inches in overall height (including pallet). Less than half pallet loads or loads shipped by small package carrier in acceptable transport packing need not be palletized. When less than full but more than a half pallet is used, the palletized load shall utilize proper bracing and/or reinforcement to ensure that the load can withstand two additional loads placed on it.

Stacking. A load-stacking test shall be performed once, at the beginning of the contract, for each different unitized or palletized load configuration. A fully palletized load shall be tested utilizing a total stack of three palletized loads, with all the proper bracing and/or reinforcement necessary to perform the test. There shall be no evidence of damage to the pallets, shipping containers or products when stack is tested on the rigid surface for a minimum of 24 hours, in compliance with all the National and Local Safety Regulations. The pre-tested palletized load configuration shall be duplicated using the same packaging materials, pattern, number of shipping (transport) containers, and procedures consistent throughout the duration of the contract. Palletized loads shall be stable and safe when handled with mechanical equipment by qualified personnel.

Materials. All lumber used inside or outside a shipment shall be bark free. No used wood pallets with repaired components or stringers will be acceptable. All wood pallet stringers shall be manufactured from hardwoods. Pallets manufactured of materials other than wood, shall conform to all the requirements specified herein.

Unitization. For the purpose of this requirement, the assembled group of containers or items in a single load that can be handled as a unit throughout the distribution system. Unitization encompasses, but is not limited to, consolidation in a container, placement on a pallet or load base having forklift capability, or securely binding together. Shipments should be considered for unitization where appropriate or specified.

Unitization of pallet load. The palletized load shall be unitized and secured to the pallet to insure that the load arrives intact without product damage. The containers or items shall be placed in a suitable pattern to form a stable and balanced load. Vertical, horizontal or filler reinforcement shall be added as necessary to meet the stacking strength requirements. A palletized load shall be secured to the pallet by shrink or stretch wrapping, and/or, by steel or nonmetallic strapping. When steel or nonmetallic strapping is used, edge protectors shall be provided to prevent damage to the cartons when tensioning the strapping. As a minimum, two straps shall run lengthwise, two straps shall run widthwise, and two straps shall run around the girth of the palletized load. A palletized load shall be capable of protecting the products against damage in a multiple handling, transportation, and storage environment having distribution warehouses with rack systems that support the load/s overhead of warehouse personnel.

Notice of special requirements for shipment to all countries that have endorsed the IPPC Guidelines for treatment of non-manufactured wood packaging: The International Plant Protection Convention (IPPC) has approved and published on March 15, 2002, “Guidelines for Regulating Wood Packaging Material in International Trade”. Countries endorsing the IPPC Guidelines can be found at the USDA.gov web site. Additionally, shipments delivered to DOD distribution facilities or freight consolidation points for eventual delivery to or through EU/IPPC countries shall comply with applicable DLA Regulations and Procurement Letter PROCLTR 02-17.

END OF ITEM PURCHASE DESCRIPTION

Section CI Commercial Item Section

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/these address(es):

The IBR clauses (clauses incorporated by reference) are now accessible on-line. The address for the FAR is http://www.arnet.gov.far and the address for GSAM is http://www.arnet.gov/GSAM/gsam.html .

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (May 2011)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (SEP 2010)

552.223-70 HAZARDOUS SUBSTANCES (MAY 1989)

552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (SEP 1999) (Deviation FAR 52.252-6) (Applicable)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Jan 2012) 12.301(b)(4)

(a) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

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

[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. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

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

__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (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).

__ (8) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_X_ (9) 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).

__ (10) [Reserved] __ (11)(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).

__ (12)(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.

__ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

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

__ (16) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (17) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (18)(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.

__ (19) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (20) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011).

__ (24) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

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

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

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

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

__ (33) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (34)(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.)

__ (35) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (36)(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_ (37) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (38) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X_ (39)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

__ (40) 52.225-5, Trade Agreements (Nov 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (41) 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).

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

__ (43) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (45) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (46) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (47) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (48) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (49) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (50)(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 Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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.