SINLEC16Q0033_SOW.docx

SINLEC16Q0033

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

SINLEC16Q0033

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

Bureau of International Narcotics and Law Enforcement Affairs (INL)

SINLEC16Q0033

Bicycles and Accessories Jamaica Constabulary Force

“BRAND NAME OR EQUAL”

SECTION 1

GENERAL INFORMATION

The Government intends to award a firm fixed price contract for ALL specifications listed under this RFQ.

INFORMATION TO CONTRACTORS:

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when Department of State (DoS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable.

QUESTIONS CONCERNING THE REQUEST FOR PROPOSAL

Offerors are warned against contacting any INL personnel other than the Contracting Officer and Contract Specialist prior to award of the Contract resulting from this RFQ. If such a contact occurs and is found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration. Answers to inquiries/questions, if given, shall be provided in writing to all vendors being solicited.

No information concerning this RFQ shall be provided in response to telephone calls. All such requests must be submitted in writing to the Contract Specialist by email. Written questions relating to this RFQ shall be accepted through 5:00 P.M. (local Washington D.C. time) 17 March 2016. Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative via e-mail or through Government Point of Entry GSA e-Buy NLT 5:00 P.M. (local Washington D.C. time) on the following date: 30 March 2016.

This requirement is being posted as a 100% Total Small Business Set-Aside in accordance with (IAW) FAR Subpart 19.5--Set-Asides for Small Business.

CONTRACTOR RELATIONSHIPS

The Department of State (DoS) encourages the use of subcontractors. In addition, the Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls are established prior to award.

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

PERIOD OF ACCEPTANCE OF OFFERS

Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

TYPE OF CONTRACT

This requirement will result in the award of a Firm-Fixed-Price (FFP) contract for the requirements identified in this SOW. The FFP price shall include all direct and indirect costs, profit, shipping/delivery charges (if any), and any and all insurances. The price will not be subject to adjustment after award.

BASIS FOR AWARD

• Award will be made on an “All or None” basis.

• Award will be made based on the Lowest Price-Technically Acceptable (LPTA) quote that is responsive to the Request for Quote (RFQ) requirements

SECTION 2

STATEMENT OF WORK

1.0 Background:

The US Department of State (DoS) through the Bureau of International Narcotics and Law Enforcement (INL) assists host nations for the renovation and rehabilitation of the Rule of Law components in Jamaica. The INL section of Kingston, Jamaica is assisting the Government of Jamaica in the development of various components of the Police, and Justice Systems.

The U.S. Department of State, Bureau of International Narcotics and Law Enforcement (INL), U.S. Embassy Kingston is currently working with the Jamaica Constabulary Force (JCF) in increasing citizen security and building closer ties between the Police and the community they serve. In support of this project, INL is determined to purchase 200 Police Bicycles and Accessories to assist the JCF in the development of various components of the Police, and Justice Systems. Furthermore, the USG may contribute technical advice, specialized equipment, training, operational support, and/or other support as may be determined useful in establishing and sustaining the PNC and other law enforcement entities as appropriate.

2.0 Scope:

INL Jamaica has a “Brand Name or Equal” requirement for 200 Police Patrol Bicycles along with accessories. The units shall be designed for use in both urban and rural patrol and prevention applications.

SECTION 3

DELIVERABLES

Deliverables:

Specifications “Brand Name or Equal”:

The foundation of the bike shall be an aluminum frame with S-bend stays, a power-curve downtube, and a suspension fork with a lockout - allowing the officer to turn the suspension on and off. The lock-out will be adjustable allowing the rider to ride fast, ensuring that all of the pedaling power goes towards moving you forward and does not get lost in the bounce of your fork.

The bike shall feature a 24 Speed Shimano drivetrain and trigger shifters. The durable wheels shall be crafted with 14G Stainless Steel spokes and double wall aluminum rims for extra strength and lightweight. Stopping is to be provided by use of Tektro dual disc brakes for even braking in wet or dry conditions.

The bicycles will also be equipped with dual strobe LED Lights to include Dual Beam Lights with Flip Lenses and Strobe Mode. The lights shall have three different light modes, high beam, low beam and strobe, and the lenses shall flip down for a wig-wag pursuit mode. The LED light system must be designed to operate on 4 AA batteries which are to be included.

INL-J also requires one Bell Piston helmet (or equal) with each bicycle. The helmet should have easy-to-adjust Cam-lock levers, 15 extra-large vents allowing for air flow and a snap-in visor will help shield the sun from the rider’s eyes. Each helmet shall include a decal identifying the rider as a police officer, i.e., POLICE. The color of the helmets shall be white.

INL-requires that every bicycle unit be equipped with one Trunk Bag - Code3Sports Ultimate Police Bike Trunk Bag or equal. The trunk bag shall have Velcro strapping that easily mounts to any bike rack, include decals that are removable Velcro and are identify the unit as Police i.e POLICE.

3.0 (200 Ea.) Police Bikes Fuji Code 1 Police Bike with Lights Bag and Helmet and/or equal.

The Police Bike Enhanced Firearms shall include a light package and helmet with each unit.

Features:

1. Aluminum Frame

1. 24 Speed Shimano Drive Train

1. Dual Disc Brakes

1. Suspension Fork with Lockout

1. Rear Rack Included

1. Sizes: Med 19"

1. Color: Black

1. Main frame: Aluminum with down tube, Tri shaped top tube, Oversized seat tube and integrated head tube, double water bottle mounts

1. Rear triangle: Aluminum with S-bend stay, Cold forged dropout and disc mount w/replaceable hanger

1. Fork: SR Suntour XCT or equal with Mechanical Lockout 80mm travel

1. Crankset: Full Forged, 22/32/42T

1. Bottom bracket: Sealed Cartridge Bearing Square Taper

1. Front Derailleur: Shimano Acera

1. Rear Derailleur: Shimano Acera

1. Shifters: Shimano Acera Trigger shifter, 24-speed

1. Cassette: Shimano HG31, 11-32T 8-speed

1. Chain: KMC Z-72

1. Wheelset: Formula Sealed Alloy 36H Disc Hubs, Alex DM-18 alloy double wall rims

1. Tires: Kenda, K-841, Police Knite Glo reflective sidewall, 26 x 1.95"

1. Brake set: Tektro Novela Mechanical Disc w/ 160mm rotor

1. Brake levers: Tektro RS-360 Forged Alloy

1. Headset : 1 1/8" semi-integrated, 30mm spacers

1. Handlebar: Alloy flatbar, w/ bar ends

1. Stem: Fuji forged alloy w/ removable faceplate

1. Tape/grip: Fuji Kraton dual density gel

1. Saddle: Full seat with steel rails

1. Pedals: FDP with Alloy Cage, toe clip and strap

1. Seat post: Fuji Alloy micro-adjust, 350mm

3.1 (15 Ea.) Tool Kits/Equipment

Park Tool AK-38 Bike Mechanic Tool Kit and or equal

1. AWS-1 4, 5, 6mm Hex Wrench Set

1. AWS-3 2, 2.5, 3mm Y Hex Wrench Set

1. BBT-9 Bottom Bracket for 16 notch external crankset system cups (SRAM, Shimano, FSA, Truvativ, Race Face, Zipp, etc)

1. BBT-22 Cartridge Bottom Bracket Tool (for 20 tooth internal splines, such as Shimano, FSA, etc.)

1. BO-2 Bottle Opener

1. CBW-1 8 and 10mm Open End Wrench

1. CBW-4 9 and 11mm Open End Wrench

1. CC-3.2 Chain Checker Chain Wear Indicator

1. CL-1 Synthetic Blend Chain Lube

1. CM-5.2 Cyclone Chain Cleaner

1. CN-10 Cable and Housing Cutter

1. CNW-2 Chainring Nut Wrench

1. CT-3.2 Professional Screw Type Chain Tool

1. CWP-7 Crank Puller for Splined Octalink, ISIS Drive, and square-taper type

1. FR-5 Cassette Lockring Tool for Shimano and similar brands

1. GSC-1 GearClean Brush

1. HT-8 8mm Hex Tool

1. PPL-1 PolyLube 1000 Grease

1. PW-3 Pedal Wrench

1. SCW-13 13mm Professional Shop Cone Wrench

1. SCW-14 14mm Professional Shop Cone Wrench

1. SCW-15 15mm Professional Shop Cone Wrench

1. SCW-16 16mm Professional Shop Cone Wrench

1. SCW-17 17mm Professional Shop Cone Wrench

1. SCW-18 18mm Professional Shop Cone Wrench

1. SCW-19 19mm Professional Shop Cone Wrench

1. SD-0 Shop Screwdriver #0 Phillips

1. SD-2 Shop Screwdriver #2 Phillips 1.

(15 Ea.) Blackburn Tool manator Bike Multi Tool and/or equal

Key:

1. 17-Function Multi Tool

1. One-piece aluminum frame with an ultra slim design

1. Mini Shock Pump for trailside adjustments

1. Hardened, forged and drawn chrome vanadium tool bits

1. 1.5mm, 2mm, 2.5mm, 3mm, 4mm, 5mm, 6mm and 8mm Hex Keys

1. Torx T25 and T30, Schrader Valve adjuster

1. Bladed and Philips #2 Screwdrivers

1. 10s chain breaker

1. 14/15 gauge spoke wrenches

(15 Ea.) Pro Elite Bicycle Repair Stand by Ultimate Support with optional tote bag and/or equal - Features:

1. Secure-Lock mechanism allows quick placement of bicycle in stand

1. Unique soft over-molded jaws grip your bike firmly while opposing force jaws make it difficult to crimp tubes. Jaws provide ample cable clearance

1. Push ready button quickly and easily releases the bike

1. Torque-amplifying conical clutch securely holds bicycle during 360 degree rotation

1. Hinged arm folds down for transport and storage

1. Anodized red aluminum

1. Clamp height 42" - 71" (1067mm-1800mm)

1. Clamp opening accommodates tubes up to 2.6" (66 mm)

1. Jaw width 3.25" (82.5 mm)

1. Base diameter 57" (1450 mm)

1. Folded size 5.5 x 8 x 46" (140 x 203 x 1168 mm)

1. Load capacity 85 lbs. (38.6 kg)

1. Weight 13 lbs. (5.9 kg)

1. 3-year warranty

4.0 Point of Contact

Ivon Diouf American Embassy Jamaica 30 Monroe Road Kingston 6 Jamaica Ph: (876)702-6116 | Fax: (876)702-6218 Email: curtisal@state.gov

5.0 Maintenance & Warranty

Provide in your cost proposal pricing options for 2/3/4 & 5 year maintenance and warranty price options

6.0 Delivery

The police bikes shall be delivered no more than 60 days after the receipt of the order. Police Bikes will be delivered to Goldbelt Specialty Services in Doral, FL with all of the documentation needed for delivery to Kingston Jamaica.

DELIVERY DATE:

Delivery Date: TBD

SHIPPING INSTRUCTIONS:

DELIVERY TERMS: FOB Destination. The Contractor shall consolidate the entire shipment to prevent loss and misdirection. Any lost or damaged items during shipment shall be replaced by the contractor upon notification. Partial shipments are not allowed. When the order is ready for shipment, forward the shipment prepaid directly to:

Goldbelt Specialty Services, 11380 NW 34th St. Doral, FL, 33178 American Embassy Kingston The items being acquired will be donated to the government of the ultimate destination Jamaica. The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, licenses, and paperwork. The contract price includes delivery to the above-mentioned address and compliance with all applicable export/ITAR licensing requirements. If an export license is required, the items shall not be shipped until necessary export licenses are approved.

7.0 Inspection and Acceptance Criteria

The shipping and receiving personnel at each location will inspect items to verify that the correct type of item is received, that it is as specified and that it is in good working condition. The contractor is required to replace any defective items at no additional cost to the Government.

CUSTOMS CLEARANCE AND TAX EXEMPTIONS

The U.S. Government will assist the Contractor in obtaining customs clearance and tax exemption certificates from the Government of Jamaica in accordance with Section 7, Marking and Submission of Documents, of this contract.

ATTACHMENTS:

APPENDIX A: PRICING MATRIX

PRICING

Please see Pricing Matrix Excel Sheet attachment. All pricing submissions shall be completed in the attachment pricing matrix format.

PLEASE NOTE FOR SHIPPING PRICING: The Government will select "ONLY" on means of shipment however request both surface and air freight to compare the price and deliver timeframe difference.

SECTION 4

CONTRACT CLAUSES

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 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, 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 (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).

___ (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).

___ (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 (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 2011) (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 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.

__X_ (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).

___ (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 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_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (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).

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

_X_ (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 (Jul 2014) (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) (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).

___ (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 Television (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) 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.

__X_ (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).

___ (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. 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)).

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

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (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) 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 (1) 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 (Jul 2014) (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 (Jul 2014) (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 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 (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(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.

(End of Clause) image1.png