FSG_66_INSTRUMENTS_ _LAB_SOLICITATION.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

COMPLETING THE STANDARD FORM 1449

Block:

#11) The F.O.B. point shall be Destination for all items in the resulting contract schedule, Section B.

Accordingly, the vendor’s transportation costs and packaging related charges must be included in the product price. Vendors may set regional prices, a minimum order value, and quantity discounts.

#17.a) List points of contact:

NAME TITLE PHONE E-MAIL Sales

EDI

Catalog Mgt

Order Admin

Provide your 5-digit Contractor and Government Entity (CAGE) code (__________)

Provide your 9-digit Data Universal Numbering System (DUNS) number ( )

#17.b) Insert Remittance Address if different from the mailing address shown in block 17a:

NOTE: This address should match your Central Contractor Registration (CCR) remittance address.

(If you have not registered or your registration has expired, please visit the website at www.sam.gov) Award cannot be made to a vendor that is not registered in the CCR.

#19-24 Item No. Schedule of Supplies, Quantity, Unit:

This solicitation contemplates award of multiple contracts that complement and enhances DOD EMALL catalogs and provides our customers with an efficient and cost-effective method to access commercial products.

The offeror is requested to submit a complete proposal which addresses all requirements, including the Other than Cost or Pricing Data and all certifications and representations, as specified in this solicitation.

# 30.a-c.) Sign and date the solicitation.

[END OF SECTION]

http://www.sam.gov/

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE NO.

Part I - The Schedule

A Standard Form 1449 1

What is the DOD EMALL? 4

B Supplies or Services and Prices/Costs 5

C Specification/SOW/SOO/ORD 8

D Packaging and Marking 12

E Inspection and Acceptance 13

F Deliveries or Performance 14

G Contract Administration Data 15

H Special Contract Requirements 16

Part II - Contract Clauses

I Contract Clauses 21

Part III – Attachments

J List of Attachments 36

Part IV - Representations, Certifications, and Instructions

K Representations and Certifications of Offerors 37

L Instructions, Conditions & Notices to Offerors or Respondents 57

M Evaluation Factors for Award 61

SECTION A-SOLICITATION/CONTRACT FORM

What is the DOD EMALL?

The DOD EMALL is an Internet-based e-Commerce purchasing / ordering website for Military and Federal customers. The website at https://dod-emall.dla.mil offers millions of off-the-shelf items from the commercial marketplace and Department of Defense sources. DOD EMALL allows customers to make purchases using Military Standard Requisitioning and Issue Process (MILSTRIP), Federal Standard Requisitioning and Issue Process (FEDSTRIP), or Government Purchase Card (GPC). The DOD EMALL website is available 24-hours a day, 7 days a week.

Solicitation

This is a Multiple Award Schedule (MAS) for logistics items supporting Military and Federal customers.

It is the Offeror’s responsibility to exclude the following from the proposal and associated catalog:

• Mandatory source items: Items that compete with AbilityOne and UNICOR

(see FAR 8.602 and 8.700 Policy, and FAR 8.603 and 8.704 Purchase Priorities)

• Non-commercial items (see FAR Subpart 2.1-Definitions, “Commercial Item”)

• Non-DLA Type Items

• Items requiring government source inspection

• Services

• Surplus Items

• Ammunition

• Tires

• Items not in accordance with the Berry Amendment (see 10 USC 2533a and

DFARS 252.7002-1), Buy American Act (see DFARS 252.225-7007) and Trade Agreements Act (see DFARS 252.225-7021

• DLA Stocked NSNs if known to the offeror

Offerors are cautioned and reminded that ALL components must be of domestic origin in compliance with clause 252.225-7012, Preference for Certain Domestic Commodities (JUN 2012)(10 USC 2533a)

Offers failing to comply with the exclusions above will be rejected. Offerors may re-submit a corrected proposal as long as the solicitation remains open.

All responsible offerors submitting acceptable offers, in good standing with the Government and offering items at fair and reasonable prices are eligible for award. Individual delivery orders will be placed based on the DOD EMALL customer’s determination as to the best value/lowest overall price alternative.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

VENDOR CATALOG FOR DOD EMALL

This schedule is limited to items assigned to DLA for logistics management. It includes Federal Supply Codes (FSCs) and Commercial Classifications within: Federal Supply Codes (FSC) 6630, 6635, 6640, 6650 and 6670.

FSC

CLASS DESCRIPTION CHECK ITEM OFFERED

6630 Chemical Analysis Instruments

Includes- Acidity (pH) Meters; Gas Analyzers; Alakalinity Measuring Instruments; Colorimeters.

Excludes- Gas Detecting Equipment; Manual Gas Alarms;

Chemicals; In Vitro Diagnostic Substances and Reagents

6635 Physical Properties Testing and Inspection Includes- Destructive and Nondestructive Inspection Equipment such as Fluorescent Penetrant Inspection Units; Magnetic Inspection Units; Industrial X-Ray Machines; Industrial X-Ray Film;

Tensiometers; Material Hardness Testers.

Excludes- General Purpose Measuring Tools (FSC 5210) and Precision Measuring Tools and Inspection Gages (FSC 5220).

Laboratory Equipment and Supplies Includes: Laboratory Glassware; Laboratory Funnels; Laboratory Furnaces; Glass Beads; Laboratory White Sand; Litmus Paper;

Paper Filters; Insect Transfixion Pins; Laboratory Glass Wool;

Laboratory Furniture, except Dental Laboratory.

Excludes: Instruments covered by other classes in group 66;

Dental Laboratory Equipment; Laboratory Scales and Balances; In Vitro Diagnostic Substances and Reagents.

Optical Instruments, Test Equipment, Components and Accessories Includes- Binoculars; Magnifiers; Microscopes; Periscopes;

Telescopes;Optical Elements; such as Lens, Prisms, Windows;

Optical Benches andAssociated Devices; Endoscopes, Fiber Optics (Non-Medical).

Excludes- Fire Control Instruments, Optical; Surveying Instruments, Optical; Photogrammetric Instruments; Octants; and Sextants; Optical Instruments Integrated with Fire Control Equipment; Opthalmological Instruments; Electronic Fiber Optic Test Equipment; Medical Endoscopes.

Scales and Balances Includes- Coin Operated, Household, Industrial, Postal, and Laboratory Scales and Balances.

Descriptions of the Federal Supply Classes falling under the above Federal Supply Group as listed above can be found at:

https://www.dibbs.bsm.dla.mil/Refs/Fsc.aspx

a. Supplies

The offeror’s catalog is a spreadsheet of commercial items following the Required Data Elements format for upload, and includes such information as offeror pricing, discounts, manufacturer and catalog part numbers, item descriptions, number of days to ship, and NSN information where known. All pricing shall be FOB Destination and include the applicable transportation cost.

b. AbilityOne Program Overview

The AbilityOne Program is a federal procurement program which generates employment opportunities for individuals who are visually impaired or otherwise severely disabled, through the manufacturing or provisioning of products. The Javits- Wagner-O’Day (JWOD) Act (41 U.S.C. 46 – 48c) established the AbilityOne Program which is administered by the Committee for Purchase From People Who Are Blind or Severely Disabled (the “Committee”). Products identified on the AbilityOne Procurement List are required purchases for Military and Federal customers. The Committee is responsible for determining the fair market prices of AbilityOne products.

AbilityOne Authorized Distributor Program

The AbilityOne Program authorizes vendors to distribute AbilityOne products. Only offerors that are authorized distributors of AbilityOne products may offer AbilityOne products under the basic solicitation and any resultant contract.

NOTE: Regardless of whether a contractor is authorized to distribute AbilityOne products or not, no contractor shall be permitted to sell ETS-related items under this contract.

“Essentially the Same” (ETS) Commercial Products

Certain products required through the DOD EMALL are considered ETS products as compared to the AbilityOne Procurement List products. Because the AbilityOne products are required purchases for Military and Federal customers, offerors shall remove ETS-type items offered under the basic solicitation or any resultant contract. The AbilityOne Procurement List can be viewed at http://abilityone.org/work_with_us/procurement.html. A listing of ETS-type items can be viewed at http://www.abilityone.gov/distributors/potential.html. All vendors are subject to a formal ETS review conducted by AbilityOne personnel.

c. Catalog Hosting on DOD EMALL

The Centralized Catalog Hosting System (CCHS) https://cchs.csd.disa.mil/cchs/landingPage.aspx shall be used to upload and maintain vendor catalogs.

http://www.dibbs.bsm.dla.mil/Refs/Fsc.aspx http://www.dibbs.bsm.dla.mil/Refs/Fsc.aspx http://abilityone.org/work_with_us/procurement.html.

http://www.abilityone.gov/distributors/potential.html

d. Delivery

Within the catalog, the vendor shall establish “Days ARO” (days to ship after receipt of order) and can provide inventory availability (quantity on hand ready for shipment) for each item in its catalog. Contractors shall honor the posted delivery times in the catalog at the time of delivery order placement.

Vendors shall make every effort to ship urgent or high priority orders within 24 hours after receipt of order, at no additional cost to the government. Urgent or high priority orders are identified as Issue Priority Group (IPG) 01, 02 and 03, and orders citing Not Mission Capable Supply indicators of 999, N or E__ and/or Office of the Secretary of Defense/Joint Chiefs of Staff projects codes beginning with “9.”

e. Delivery Order Cancellations

Vendors are not permitted to unilaterally cancel delivery orders against this contract. Contact your post-award administrator or ContractsSupport@dla.mil for written cancellation authorization.

f. Delivery Order Minimum Buy Threshold The Delivery Order Minimum Buy Threshold in dollars is $25.00.

mailto:ContractsSupport@dla.mil

SECTION C - SPECIFICATION/SOW/SOO/ORD

A. GENERAL INFORMATION

A. OVERVIEW

1. The DOD EMALL is an Internet-based e-Commerce purchasing/ordering website for Military, Federal, State and Local Agency customers. The website at https://dod-emall.dla.mil offers millions of off-the-shelf items from the commercial marketplace and Department of Defense sources. DOD EMALL allows customers to make purchases using Military Standard Requisitioning and Issue Process (MILSTRIP), Federal Standard Requisitioning and Issue Process (FEDSTRIP), or Government Purchase Card (GPC). The DOD EMALL website is available 24-hours a day, 7 days a week.

2. It is the Offeror’s responsibility to exclude the following from the proposal and associated catalog:

• Mandatory source items: Items that compete with AbilityOne and UNICOR (see FAR 8.602 and 8.700 Policy, and FAR 8.603 and 8.704 Purchase Priorities)

• Non-commercial items (see FAR Subpart 2.1-Definitions, “Commercial Item”)

• Non-DLA Type Items

• Items requiring government source inspection

• Services

• Surplus Items

• Ammunition

• Tires

• Items not in accordance with the Berry Amendment (see 10 USC 2533a and

DFARS 252.7002-1), Buy American Act (see DFARS 252.225-7007) and Trade Agreements Act (see DFARS 252.225-7021

• DLA Stocked NSNs if known to the offeror

Offerors are cautioned and reminded that ALL components must be of domestic origin in compliance with clause 252.225-7012, Preference for Certain Domestic Commodities (JUN 2012)(10 USC 2533a)

Offers failing to comply with the exclusions above will be rejected. Offerors may re-submit a corrected proposal as long as the solicitation remains open.

All responsible offerors submitting acceptable offers, in good standing with the Government and offering items at fair and reasonable prices are eligible for award. Individual delivery orders will be placed based on the DOD EMALL customer’s determination as to the best value/lowest overall price alternative.

B. CUSTOMERS

https://dod-emall.dla.mil/

1. The catalog items available under the resultant contract will be accessed by authorized ordering locations via the DOD EMALL program. The Government reserves the right to add or delete ordering facilities anytime during the contract period, to include option periods exercised.

2. Ordering facility participation in the DOD EMALL program is voluntary; however, many customers have been mandated to decrease the amount of manual orders by using DOD EMALL.

II. BASIC REQUIREMENTS

A. The vendor agrees to use the DOD EMALL system to display its catalog for items available to authorized users.

B. The vendor agrees to let all authorized users of the system view any information displayed in the system.

C. The vendor agrees to permit authorized users to order from its catalog using DOD EMALL. DOD EMALL shall be the sole means by which orders are placed under this contract.

D. The vendor shall provide its own computer hardware and software necessary to transmit and receive electronic orders.

III. DOD EMALL CATALOG REQUIREMENTS

A. All contracts hosted on DOD EMALL will be posted on the DOD Electronic Document Access (EDA) and Federal Procurement Data System (FPDS) by the supplier’s Government Contracting Officer.

Contracts that are not posted on EDA and FPDS will not be hosted on DOD EMALL. The DOD EMALL program is mandated to comply with all financial and contracting regulations.

B. Vendors will create a catalog in the Microsoft Excel spreadsheet titled “Required Data Elements.”

(attached) This spreadsheet contains nine (9) mandatory data elements about each product. Do not change the format of the spreadsheet and do not change the column headers on the spreadsheet. The template contains instructions, a listing of approved unit of issue codes, and the data dictionary that defines each field. Catalog data elements must comply with the requirements listed on the “Instructions” tab, “Data Dictionary” tab and the “Product Unit of Issue Codes” tab located on the “Required Data Elements” spreadsheet. If the catalog does not comply with these requirements, it will be returned for correction.

C. Requests for catalog deletions and/or price decreases shall be submitted to the Contracting Officer and may be requested at any time by submitting a spreadsheet containing the required information.

D. Items determined by the Contracting Officer to not be fair and reasonable will not be added to the DOD EMALL catalog.

IV. CONTRACT PRICING

A. All prices shall be FOB Destination and fixed at time of contract award for a one-year period, unless otherwise specified. Price increases for items during the Base year are prohibited. The vendor may elect to hold its prices firm from one contract period to another. It is the responsibility of the vendor to pass all price decreases through DOD EMALL to any user of the DOD EMALL system throughout the year. Page 9 of 65

Additionally, it is the responsibility of the vendor to ensure that the unit price of the item matches the vendor’s offered price prior to acknowledgement of an order.

B. Option Period Pricing: The Contracting Officer will entertain price increases in accordance with Section H contained in the contract or unless otherwise specified or negotiated in writing. During the option renewal, the vendor will be given an opportunity to increase its prices. Failure to submit a valid file in accordance with all of the required fields, applicable discounts and other pertinent information during the time specified time, may cause a delay in the evaluation of the file. This evaluation should be completed within 45 days, but may be delayed if complete and accurate information is not received or pricing cannot be verified.

C. Orders received at such time the option pricing is being evaluated must be filled at the price at time of order. The vendor will be required to honor orders at the lower price until price increases have been processed and loaded into the vendor’s DOD EMALL catalog.

D. The vendor is required to maintain a website or on-line catalog for purposes of verifying list prices. The Contracting Officer and/or Acquisition Specialist must be granted access in order to validate the vendor’s bona fide commercial list price.

V. ORDERING/CONFIRMATION/DELIVERY

1. The vendor shall accept individual delivery orders on a daily basis from the authorized ordering facilities.

2. The order shall provide an electronic “order confirmation” which confirms orders at the line item level to the ordering facility within twenty-four (24) hours following transmission of the order.

Orders received on Friday, Saturday, Sunday or Federal holidays shall be acknowledged on the next business day.

3. All orders issued against the resultant contract are “fill or kill.” The vendor must be able to satisfy the total quantity requirements for the line item within the lead-time as specified in the Statement of Work. If the vendor cannot fill the entire quantity for the line item, it must be rejected (“killed”).

4. Partial fills and backorders are not permitted under the contract.

5. Once a DOD EMALL order or line item is rejected, the vendor SHALL NOT make shipments against the affected order or line item. If shipment is made, the vendor will not be paid for the product.

6. The vendor should not confirm any orders it cannot deliver with the contractual timeframes delineated in their catalog after receipt of order (ARO).

VI. INVOICING

A. The vendor is not prohibited from filling an order from more than one warehouse or multiple source locations. However, all items confirmed under the same delivery order acknowledgment must be listed on one packing slip and consolidated onto one invoice. Multiple invoices are prohibited.

B. Only detailed invoices are acceptable. Each line item must be listed separately on the invoice. If items for the same line are shipped from multiple locations, the quantity must be consolidated onto one line, indicating the full quantity shipped, and invoiced as one line item. The vendor may not have the same line item listed multiple times on the same invoice.

C. THE VENDOR MAY NOT INVOICE PRIOR TO SHIPMENT OF THE ORDER.

VII. CUSTOMER SERVICE REQUIREMENTS

A. The vendor shall have the ability to provide product recall notification to the ordering facility (ies) that have received affected product and to DOD EMALL. Product recall notification must be made within 48 hours, in all cases, of notification by the manufacturer or its supplier/distributor.

B. The vendor shall accept return of goods under the following conditions:

1) Products shipped in error;

2) Products damaged in shipment;

3) Products with concealed shipping damages;

4) Products that are recalled;

5) Returns consistent with the vendor’s normal return policy, except that restocking fees may not be charged if product was not shipped to the customer by either the vendor or the manufacturer/distributor;

6) products shipped after customer has indicated an order is to be cancelled.

VIII. SPECIAL TERMS AND CONDITIONS

A. This is an indefinite delivery indefinite quantity contract for supplies and is effective for one 12 month base period from the date of contract award. The Government reserves the right to exercise unilaterally up to an additional four (4) 12 month options. The guaranteed minimum purchase under the resultant contract is $100.00.

B. Due to the nature of the contract, deliveries or performance should be made only as authorized by orders issued in accordance with this contract. Except for limitation on quantities or dollar amount, there is no limit on the number of orders issued.

C. The contract maximum for this acquisition is $5,000,000.00.

D. The vendor shall sign a copy of the Supplier Agreement/Business Rules and submit along with their proposal. A signed copy of The Business Rules will be attached and incorporated into the resultant contract.

SECTION D - PACKAGING AND MARKING

DFARS 252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION (SEP 2011)

DLAD 52.211-9010 MILITARY SHIPPING LABEL (MSL) REQUIREMENTS - MIL-STD-

129P (MAR 2012)

DLAD 52.211-9010 MILITARY SHIPPING LABEL (MSL) REQUIREMENTS - MIL-STD-

129P, ALTERNATE I (AUG 2005)

DLAD 52.211-9013 SHIPPER’S DECLARATION OF DANGEROUS GOODS (NOV 2011)

DLAD 52.211-9033 PACKAGING AND MARKING REQUIREMENTS (APR 2008)

DLAD 52.211-9035 MARKING REQUIREMENTS (NOV 2011)

DLAD 52.211-9036 PHYSICAL IDENTIFICATION/BARE ITEM MARKING (NOV 2011) DLAD

52.211-9053 EXPEDITED HANDLING SHIPMENTS (NOV 2011)

DLAD 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL

(WPM) (FEB 2007)

[END OF

SECTION]

SECTION E - INSPECTION AND ACCEPTANCE

DLAD 52.211-9022 SUPERSEDED PART-NUMBERED ITEMS (NOV 2011)

DLAD 52.211-9023 SUBSTITUTION OF ITEM AFTER AWARD (NOV 2011)

SECTION F - DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause

(b) The permissible variation shall be limited to:

0% Percent Increase

0% Percent Decrease

This increase or decrease shall apply to ALL DELIVERY ORDERS UNDER

CONTRACT.

(End of Clause)

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

FAR 52.247-52 CLEARANCE AND DOC REQUIREMENTS SHIPMENTS TO DOD AIR OR

WATER TERMINAL TRANSSHIPMENT POINT (FEB 2006)

DLAD 52.211-9020 TIME OF DELIVERY – ACCELERATED DELIVERY (JUN 2008)

DLAD 52.211-9021 VARIATION IN QUANTITY (NOV 2011)

DLAD 52.247-9029 SHIPPING INSTRUCTIONS (NOV 2011)

DLAD 52.247-9034 POINT OF CONTACT FOR TRANSPORTATION INSTRUCTIONS (NOV 2011)

(a) DCMA Administered Orders: Contact the Transportation Officer at the administering DCMA location.

(b) DLA Administered orders: Contact the DLA Transportation office for shipping instructions by facsimile to 717-770-2701 or via email to delivery@dla.mil. A return fax number must be included with your faxed request. The DDC’s hours of operation are Monday through Friday, 7:00 a.m. to 11:00 p.m. and Saturday from 8:00 a.m. to 4:30 p.m. excluding holidays. For urgent requirements and questions, you may call the DDC at 1-800-456-5507. DLA's Distribution Planning and Management System (DPMS) may be used to obtain transportation instructions in lieu of contacting the transportation office.

DLAD 52.247-9035 SHIPPING INSTRUCTIONS (DOMESTIC) (NOV 2011)

DLAD 52.247-9036 SHIPPING INSTRUCTIONS (EXPORT) (NOV 2011)

mailto:delivery@dla.mil

SECTION G – CONTRACT ADMINISTRATION DATA

RESERVED

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SYSTEM FUNCTIONALITY OF DOD EMALL

a. Order Transmission

Vendors may receive delivery orders via:

1. Electronic Data Interchange (EDI) - The EDI orders will be in conformance with ANSI X12 version

4010. Available EDI transactions:

850 Purchase Order 855 Purchase Order Acknowledgements (optional) 810 Invoices

2. DIBBS download at https://www.dibbs.bsm.dla.mil/Awards/ OR

3. Encrypted e-mail using Pretty Good Protection (PGP) decryption software purchased at vendor’s expense.

Vendors may elect to change options with 30 days written notice to the contracting officer.

b. General Requirements

1. The Defense Logistics Agency does not warrant the accuracy, completeness, or timeliness of information provided through DOD EMALL. Support contractors to the Defense Logistics Agency and the DOD EMALL shall not be held liable for loss or damages resulting from information provided through the DOD EMALL.

2. The Defense Logistics Agency reserves the right to change the terms and conditions for participation in the DOD EMALL. Vendors will be notified of such changes at least 15 calendar days prior to implementing changes that impact vendor participation.

3. Vendors may request termination of their DOD EMALL contract at no cost to the

Government via written request to the contracting officer. If approved by the contracting officer, the request will result in a termination of the contract for the convenience of the Government at no cost to the Government (see FAR 52.212-4 CONTRACT TERMS AND

CONDITIONS - COMMERCIAL ITEMS).

4. Participation in the DOD EMALL is not transferable.

c. Catalog Modifications

Vendors wishing to update their DOD EMALL catalogs shall use the following procedures:

http://www.dibbs.bsm.dla.mil/Awards/

SPMLW1-13-R-7301

Definitions:

Additions - Adding new items, not currently loaded to the DOD EMALL.

Sale Items – Changes to items offered at sale pricing.

Updates - Changes to any field for existing items (price, description, delivery, etc.).

Deletions - Removing items from your DOD EMALL catalog.

Zoned Pricing - Vendors may offer geographically zoned pricing to reflect shipping costs.

Price Breaks/Quantity Discounts - Discounts for larger quantity purchases.

Regional Catalogs - Vendors may restrict the range covered by the catalog.

Catalog modification requests shall be sent to the DOD EMALL Contracting office at ContractsSupport@dla.mil using the Required Data Elements template. Catalog modification requests must include the mandatory fields shown in red on the Required Data Elements template. Optional columns are provided for zoned, regional, and quantity discount pricing. Contact the DOD EMALL Contracting office for assistance in designating special pricing via email at ContractsSupport@dla.mil.

Do not change field names or delete/add columns.

Catalog modification requests involving multiple changes shall be submitted using separate spreadsheets for each type of change. Example:

E-Mail Subject: “Change Request One for ABC Company under Contract

SPMLW1-13-D-

EXXX”

Spreadsheet file names involving 3 different changes:

“ABC Change One dated 8-5-2010 for 100 Deletions.xlsx” “ABC Change One dated 8-5-2010 for 200 Additions.xlsx” “ABC Change One dated 8- 5-2010 for 300 Updates.xlsx”

Catalog modification requests will be processed as they can be evaluated and will not involve accepting or rejecting on an all or none basis. To follow up on the status of your change request, e-mail the DOD EMALL Contracting office at ContractsSupport@dla.mil.

Vendors may submit the following types of catalog modification requests at any time during the contract duration:

- Price Reductions and Sales

- Deletions

- Price Breaks/Quantity Discounts

Price Increases

1. Contractors may request price increases to be effective on or after the first 12 months of the contract period providing conditions are met as per the Supplier Agreement/Business Rules.

2. Any delivery orders issued prior to the effective date of a price change shall be honored at the prices stipulated in the delivery order.

3. The Government reserves the right at any time to review prices on the DOD EMALL. Any changes to basic contract pricing methodology or discount structure must be agreed upon by both parties and confirmed by bilateral modification to the contract prior to catalog updates.

Price Reductions mailto:ContractsSupport@dla.mil mailto:ContractsSupport@dla.mil

1. A price reduction shall apply to purchases under this contract if the vendor —

a. Revises the commercial catalog, pricelist, schedule or other document upon which contract award was predicated to reduce prices;

b. Grants more favorable discounts or terms and conditions than those contained in the commercial catalog, pricelist, schedule or other documents upon which contract award was predicated; or

c. Grants special discounts to the customer (or category of customers) that formed the basis of award, and the change disturbs the price/discount relationship of the Government to the customer (or category of customers) that was the basis of award.

2. The contractor shall offer the price reduction to the eligible ordering activities with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).

3. There shall be no price reduction for sales—

a. To commercial customers under firm, fixed-price definite quantity contracts with specified delivery in excess of the maximum order threshold specified in this contract;

b. To eligible ordering activities under this contract; or

c. Made to state and local government entities when the order is placed under this contract

(and the State and local government entity is the agreed upon customer or category of customer that is the basis of award); or

d. Caused by an error in quotation or billing, provided adequate documentation is furnished by the contractor to the contracting officer.

4. The contractor may offer the contracting officer a voluntary Government-wide price reduction at any time during the contract period.

5. The contractor shall notify the contracting officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date.

6. The contract will be modified to reflect any price reduction which becomes applicable in accordance with this clause.

Price Adjustment - Failure to Provide Accurate Information

1. The Government, at its election, may reduce the price of this contract or contract modification if the contracting officer determines after award of this contract or contract modification that the price negotiated was increased by a significant amount because the contractor failed to:

(a) Provide information required by this solicitation/contract or otherwise requested by the Government; or

(b) Submit information that was current, accurate, and complete; or

(c) Disclose changes in the contractor’s commercial pricelist(s), discounts or discounting policies which occurred after the original submission and prior to the completion of negotiations.

2. The Government will consider information submitted to be current, accurate and complete if the data is current, accurate and complete as of 14 calendar days prior to the date it is submitted.

3. If any reduction in the contract price under this clause reduces the price for items for which payment was made prior to the date of the modification reflecting the price reduction, the contractor shall be liable to and shall pay the United States—

(a) The amount of the overpayment, and;

(b) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the contractor to the date the Government is repaid by the contractor at the applicable underpayment rate effective each quarter prescribed by the Secretary of Treasury under 26 U.S.C. 6621(a)(2).

(c) Failure to agree on the amount of the decrease shall be resolved as a dispute.

(d) In addition to the remedy in paragraph (a) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

d. Delivery Order Payment Methods, and Vendor Invoicing and Payment

Acceptable methods of payment under any resultant DOD EMALL contract shall be by Government Purchase Card (GPC), Military Standard Requisitioning & Issue Procedures (MILSTRIP), or Federal Standard Requisitioning & Issue Procedures (FEDSTRIP).

Fast Payment procedures apply pursuant to FAR 52.213-1, DLAD 52.212-9001 and DLAD 52.213-9009.

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING Reports (JUN 2012) applies.

Unless by approved exception from the contracting officer, DOD EMALL vendors shall submit invoices using Wide Area Work Flow (WAWF), in one of the following electronic formats that WAWF accepts:

Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. WAWF and vendor registration information is available on the Internet at https://wawf.eb.mil/, or via the DOD EMALL Contracting office at: ContractsSupport@dla.mil.

e. Shipping

The DOD EMALL will provide the shipping addresses for each order placed through the DOD EMALL system. Shipment shall be made via a traceable means. Domestic Shipments (CONUS) - Material shall be shipped to the address cited on the order following the instructions for shipment on the order. Overseas Shipments (OCONUS) – The contractor may ship material directly overseas using best commercial packaging, or material may be shipped using military packaging standards to a Container Consolidation Point (CCP) for forwarding overseas. See Section D for applicable clauses.

f. Vendor Performance

The Defense Logistics Agency will evaluate vendor performance periodically. Price, delivery, quality, and conformance to the DOD EMALL contract will be reviewed. DLA may utilize past performance information from various information systems, to include but not limited to the Automated Best Value System (ABVS), a DLA computerized past performance system that collects a vendor’s current and past performance data and translates it into a numeric score to rate a vendor’s overall delivery performance.

g. Public Key Infrastructure (PKI)

DOD EMALL is fully Common Access Card (CAC)/Public Key Infrastructure (PKI) Enforced. As of 01 May 2011, all DOD EMALL users are required to present a Medium Token Assurance or a Medium Hardware Assurance certificate for access to DOD EMALL. Soft Certificates (ex: browser-based) are no longer permitted.

If you are a Federal user and have an agency-issued Common Access Card (CAC) or HSPD-12 equivalent, you will likely be able to access DOD EMALL by presenting these credentials. If you are a Vendor or Contractor with authorization to gain access to DOD EMALL and have not been issued a CAC as mentioned above, you will need to obtain a Medium Token Assurance or Medium Hardware Assurance ECA (External

Certification Authority). There are currently three approved commercial sources for these. Contact one of these approved sources and obtain the certificate, token, and all associated hardware and software.

IdenTrust, Inc. Email: helpdesk@identrust.com Web: http://www.identrust.com

Phone: 888-882-1104

Operational Research Consultants, Inc. (ORC) Email: ecahelp@orc.com Web: http://www.eca.orc.com Phone: 800-816-5548

Symantec Corporation email: eca_support@symantec.com web: http://www.verisign.com

Phone: 866-202-5570

DOD EMALL is not responsible for PKI software supplied by third party sources.

DFARS 252.223-7001 HAZARDOUS WARNING LABELS (DEC 1991)

SECTION I - CONTRACT CLAUSES

mailto:helpdesk@identrust.com http://www.identrust.com/ mailto:ecahelp@orc.com http://www.eca.orc.com/ mailto:eca_support@symantec.com http://www.verisign.com/

Contract Clauses, Provisions and Notices

All clauses, provisions and notices are incorporated herein by reference with the same force and effect as if set forth in full text, and made a part of the solicitation/order as applicable.

The following web sites are provided to vendors to obtain the full text of the FAR, DFARS, and DLAD provisions and clauses listed below: http://www.dla.mil/Acquisition and http://farsite.hil.af.mil/

FAR 52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

52.212-4, Contract Terms and Conditions – Commercial Items (FEB 2012) is incorporated in this solicitation by reference. Its full text may be accessed electronically at the above website.

52.212.5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 2012)

(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).

_X__ (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 (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 (Aug 2012) (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). Page 22 of 65 http://www.dla.mil/Acquisition http://farsite.hil.af.mil/

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

_X__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (10) 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).

___ (11) [Reserved]

___ (12) (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).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

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

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

_X__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C.

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

_ X__ (15) (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 (July 2010) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_X__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (19) (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.

___ (20) 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).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.)

_X__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (37) (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__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (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, Pub. L. 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 (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (42) 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).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 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)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

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

_X__ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). Page 25 of 65

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (51) (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 U.S.C. 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 (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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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) [Reserved]

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

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

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons…