W564KV-18-Q-0047-0004_Conformed.pdf

SEE ADDENDUM

(No Collect Calls)

W564KV18Q0047 22-Jun-2018

b. TELEPHONE NUMBER

DSN 143-542-6800

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 21 Aug 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W564KV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRETT SCOTT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011183823

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

TCC-KAISERSLAUTERN

KO DIRECTORATE OF CONTRACTING

UNIT 23156

APO AE 09054

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE WK4FVK 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

IMCOM-E, RHINE ORDINANCE BARRACKS [ROB]

FREDY GRZESKOWIAK

GERMANY AM OPELKREISEL

67657 KAISERSLAUTERN

GERMANY

TEL: 06111-43-544-4605 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

337121

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF30

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W564KV18Q0047

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INDUSTRY QUESTIONS AND ANSWERS

1. May the Government supply a picture or drawing of the requested items?

Yes, pictures will be provided.

2. Do you accept any origin as long as it is not on your embargo or prohibited list (such as Iran-Syria...etc.)

This requirement is being solicited under the World Trade Organization Government Procurement Agreement and shall comply with those restrictions. See Clause 252.225-7021 “Trade Agreements – Basic.”

3. Are Chinese products acceptable?

See response to number 2 above.

4. Are the beds to be supplied with OR without Mattresses?

Requirement is for beds only.

5. Will any taxes or VAT apply to the cost or should this action be quoted free of taxes, customs, vat?

See Addendum to 52.212-1, Clauses 252.229-7000 and 252.229-7001 Alt 1 of the solicitation.

6. The maximum period of time to deliver the whole quantity?

All items shall be delivered with 60 days of contract award.

7. At place of delivery, will the contractor require off-load the products and hence require additional equipment and staff?

Delivery information has been added to the CLINs regarding this question.

8. Regarding Item 0001 (Double Beds), do you mean Bunk Bed? Or you need a bed that is wide enough for two people to sleep in.

Requirement is not for Bunk Beds, see picture/drawings.

Section SF 1449 - CONTINUATION SHEET

SALIENT CHARACTERISTICS

TECHNICAL SPECIFICATIONS

Bed, Double (DBL) Bedframe & Headboard

SALIENT CHARACTERISTICS

DOUBLE BED with wooden slats and headboard

Size:

Length: 203/204 cm Width: 135 cm Height: 40 cm

External Frame: The external frame shall be formed by a 50 mm x 30 mm metallic tube, 1.2mm thick, curved at the corners and joined through electric welding.

Bed frame: Frame shall be supported at corners by four (4) screwed-on round legs attached to the frame. The mattress spring is to be made up of a system of fourteen (14) wooden slats. Metal bands shall be welded at each corner of the frame for support of the legs. In the center a bar shall support the slats, it shall be formed by two 30 x 33 mm profiles welded and covered with silencing material in the support part with the slats. Fourteen (14) wooden slats shall be connected directly to the external frame through openings on the profile of the external frame. These openings are to be at a depth of about 30 mm and equipped with rubber caps for retention of the slats and reduction of noise. The slats for the single bedspring are to be 12 mm thick, 68 mm wide and 1,340 mm long. The slats shall be made of seven layers of laminated wood strips with the grain of the wood along the longitudinal plane of the slats to ensure higher elasticity. The slats shall be beveled, trimmed and cut to size.

Then central supporting bar shall be formed by two (2) 30 x 33 mm profiles welded and covered with silencing material and a center supporting leg of 34 cm height.

Feet (Legs): The four (4) legs are to be made of round metal tubing 50 mm in diameter, 35 cm long with a threaded washer of 10 mm inside diameter welded at one end of each leg. The legs are to be bolted through holes at each of the four (4) corners of the frame and can be removed for repair or transportation. During transportation or storage the legs can also be fixed on the bed frame with the fastening bolts to avoid loss and to facilitate the handling of the frame. A center supporting leg is required and shall be 34 cm long. Each leg is to be equipped with a plastic end cap and a hole to facilitate fixing and removal operations.

Coating of all Metal Parts: Metals parts shall first be washed by an environmentally approved cleaning process. Next, they are to be evenly covered with a dry black epoxy polyester resin at a thickness of 50 microns. They are then to be heated in an oven at about 200 C for about 20 minutes. There shall be no use of volatile organic compounds as solvents.

Headboard Size:

Width: 135 cm Height: 70 cm

External Frame: Shall be varnished oak wood; vertical part of frame 70 mm x 33 mm; horizontal upper rail 60 mm x 27 mm. The horizontal rail is to be fixed to the panel and connected to the lateral posts with glue and dap joint and wooden fast-pins on both sides. The lateral posts are to be fixed to the panel with glue and dap joint and four (4) fast-pins on each side. Central panel 18 mm plywood of minimum 9 layers, varnished oak veneer on both sides; equipped with two (2) rapid connectors and knobs for fastening to the central panel.

Rapid Connectors: Function is to fasten the wooden headboard to the bed frame. Connectors are to be made of 3 mm thick curved stamped steel plate welded on a 5 mm thick plate that is fixed to the wooden headboard by screws through four (4) holes drilled in each of the four (4) connectors [two (2) guiding connectors and two (2) locking connectors] . Connectors shall also have a threaded hole for the screws of the locking knob. Once the connector are fixed to the headboard, the frame can be fastened to the headboard with two (2) threaded screws with locking knobs of the two (2) locking connectors.

Connectors: diameter 8 mm and thread 1.25 mm.

PALLETIZING AND PACKING REQUIREMENTS:

Frames and headboards shall be packed 10-15 each per pallet and identified with a visible label on the outside of the wrapping in order to facilitate distribution upon receipt at the main warehouse.

OTHER REQUIREMENTS FOR SINGLE AND DOUBLE BEDS:

Oak wood: Oak (red) shall be of Northern American origin (not necessarily grown in the U.S.). This particular oak wood is required because its “flame” is matching the existing inventory. Glues used shall comply with current environmental regulations for volatile organic compounds.

Single Bed Frame and Headboard

SALIENT CHARACTERSISTICS

SINGLE BED with wooden slats and headboard Size:

Length: 203/204 cm Width: 95cm

Weight: 40cm

External Frame: The external frame shall be formed by a 50mm x 30mm metallic tube, 1.2mm thick, curved at the corners and joined through electric welding.

Bed Frame:

Frame shall be supported at corners by four (4) screwed on round legs attached to the frame. The mattress spring shall be made up of a system of fourteen (14) wooden slats and elastic retaining belts. Metal bands are to be welded at each corner of the frame for support of the legs.

The fourteen (14) wooden slats are to be connected directly to the external frame through openings on the profile of the external frame. These openings are to be at a depth of about 30 mm and equipped with rubber caps for retention of the slats and reduction of noise. The slats for the single bedspring are to be 10 mm thick, 68 mm wide and 940 mm long. The slats shall be made of six layers of curved laminated wood strips with the grain of the wood along the longitudinal plane of the slats to ensure higher elasticity. The slats are to be beveled, trimmed and cut to size

Elastic Retaining Belts: The single bedspring version shall be equipped with four (4) retaining belts attached to the external frame and interwoven between all the slats and then attached to the opposite end.

Feet (Legs): The four (4) legs are to be made of round metal tubing 50 mm in diameter, 35 cm long with a threaded washer of 10 mm inside diameter welded at one end of each leg. The legs shall be bolted through holes at each of the four (4) corners of the frame and can be removed for repair or transportation. During transportation or storage the legs can also be fixed on the bed frame with the fastening bolts to avoid loss and to facilitate the handling of the frame. Each leg is to be equipped with a plastic end cap and a hole to facilitate fixing and removal operations.

Coating of all Metal Parts: Metals parts shall first be washed by an environmentally approved cleaning process. Next, they are to be evenly covered with a dry black epoxy polyester resin at a thickness of 50 microns. They are then to be heated in an oven at about 200 C for about 20 minutes. There shall be no use of volatile organic compounds as solvents.

Headboard: Width: 95 cm; Height: 70 cm; external frame shall be varnished oak wood; vertical part of frame 70 mm x 33 mm; horizontal upper rail 60 mm x 27 mm. The horizontal rail is to be fixed to the panel and connected to the lateral posts with glue and dap joint and wooden fast-pins on both sides. The lateral posts are to be fixed to the panel with glue and dap joint and four (4) fast-pins on each side.

Central panel 18 mm plywood of minimum 9 (nine) layers, varnished oak veneer on both sides; equipped with two (2) rapid connectors and knobs for fastening to the central panel.

Rapid Connectors: Function is to fasten the wooden headboard to the bed frame. Connectors are to be made of 3 mm thick curved stamped steel plate welded on a 5 mm thick plate that is fixed to the wooden headboard by screws through four (4) holes drilled in each of the two (2) connectors.

Connectors shall also have a threaded hole for the screws of the locking knob. Once the connector is fixed to the headboard, the frame can be fastened to the headboard with two (2) threaded screws with locking knobs.

Connectors: Diameter 8 mm and thread 1.25 mm.

EVALUATION CRITERIA

Evaluation of Offers:

The Government will award a Firm-Fixed Price (FFP) contract as a result of this solicitation to the “Contractor” based on the offer that will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 - Technical

Factor 2 - Price

Award will be made to the responsible vendor with the Lowest Priced Technically Acceptable (LPTA) quote. An offeror is expected to submit sufficient information in response to the SOLICITATION to allow for the evaluation of the quotation.

Each of the evaluation factors will be rated as follows:

Factor 1 - Technical The Government will evaluate the offeror's capabilities to provide the Single & Double Bed Frames and Headboards by evaluating the specifications of the offerors items with the requirements established herein. An overall technical rating must be "ACCEPTABLE" in order to be eligible for award. An "UNACCEPTABLE" rating, will result in the technical quotation being rated "UNACCEPTABLE." An overall technical rating of "UNACCEPTABLE" makes a quotation ineligible for award.

Table A-1. Technical Acceptable/Unacceptable Rating

Rating

Description

Acceptable Quotation meets the requirements of the solicitation.

Unacceptable Quotation does not meet the requirements of the solicitation.

ADDENDUM TO FAR 52.212-1

Paragraph (b) is supplemented as follows:

(b) Submission of Offers.

(1) Quotes must be submitted electronically via email (ensure the attachments do not exceed 10 MB) no later than the date and time specified for receipt of quotes in Block 8 on page 1 of this solicitation to Brett Scott at Brett.Scott1.civ@mail.mil and Elizabeth Phelps at elizabeth.a.phelps14.civ@mail.mil. The subject line of the email shall be "W564KV-18-Q-0047 - Single and Double Beds."

(2) To ensure equitable, fair and timely evaluation of quotes, Offeror's must follow the instructions contained herein. Failure to follow the instructions below may result in elimination of an Offeror's quote from consideration. Quotes must be complete, self-sufficient, and respond directly to the requirements of this RFQ.

(3) The quote shall include:

Technical Specification of the Offered Equipment Price for all CLINS

A. Technical: Offeror must provide details of the offered product(s) describing how they meet the requirements outlined in this RFQ.

B. Price: Quotes shall include a total proposed price for the CLIN(s) entered into the Standard Form 1449. Offeror's are encouraged to submit their best prices in the initial quote.

A single contract will be awarded. Any exceptions made to any of the items and conditions of the offer must be stated in a separate letter of transmittal that is to accompany the offer. The person signing the Quote must initial any erasures, cross outs or changes made. All information should be typed or neatly in ink. Exceptions, as offered, if accepted by the Government, become part of the contract.

Quotes shall be valid for 90 calendar days from the date specified for receipt of offers. Complete blocks 17 and 30 of the Standard Form 1449.

Enter CLIN price information in the Schedule. The price quote shall be prepared in accordance with these instructions, and will be evaluated in accordance with FAR provision 52.212-2 as contained in this solicitation.

The offeror’s price will be calculated by adding the total of all CLIN extended prices. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to the intended offer and the total recomputed accordingly. If the offer provides a total amount for a contract item but fails to enter the unit price, the amount divided by the specified quantity will be held to be the intended unit price.

Complete pricing for each CLIN or Sub-CLIN as required without TAXES including ALL shipping charges, FOB Destination to shipping address provided. Non-compliance may result in rejection of your offer.

Offers in Euros are to be provided with only 2-digit decimals after the Comma. More than 2-digits will need to be shortened by this office.

All quotes must be submitted in ENGLISH. Quotes submitted in a language other than English shall be determined "Unacceptable" and shall be eliminated from the competition.

Offerors shall complete the annual representations and certifications via the System for Award Management (SAM) website at http://www.sam.gov.

This request does not commit the Government to pay any costs incurred in the preparation and submission of your quote or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation on negotiations.

All questions shall be submitted to the above email addresses no later than two (2) business days before quotes are due. The Contracting Officer may limit the number of questions answered. Answers to questions may be posted as a Solicitation Amendment.

Quotes MUST be submitted via email and are due at the ISSUED-BY office, shown in block 8 as stated in the

“OFFER DUE DATE” block on page 1 of this document. Local Time means Central European Time (or Summer Time, as appropriate).

SAM REGISTRATION: Only contractors who are registered and have an active account at the System for Awards Management (SAM) will be awarded a contract as a result of this solicitation. All contractors, offering under this solicitation MUST be registered. Offers, where the contractor is not registered may be rejected.

WAWF (Wide Area WorkFlow) Registration: Contractors MUST also be WAWF registered in order to get invoices be paid. Paper copies will not be accepted.

The following information must be provided/completed with your offer:

POC E-mail address:

DUNS Number:

CAGE Code:

TAX ID (US firms only):

Registered in SAM: Yes No

All offers shall include a completed copy of DFARS Provision 252.225-7020 “Trade Agreement Certificate.”

Any offer not in compliance with the World Trade Organization Government Procurement Agreement (WTO GPA) and providing a product from a WTO GPA “designated country” per provision 252.225-7021 will not be eligble for award.

DRAWINGS

Single Bed Sample Image

Double Bed Sample Image

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,000 Each Double Beds

FFP

Reference the Salient Characteristics below.

Delivery shall be F.O.B. Destination to the following address:

Installation Management Command, Europe Supply Division.

ATTN: Fredy Grzeskowiak Rhine Ordance Barracks 67657 Kaiserlautern, Germany

The Government is responsible for the unloading of deliveries at the destination as well as responsible for any damages caused during the unloading process.

However, any damage which may be incurred by items during the transportation to the delivery location is the responsibility of the contractor.

The contractor shall coordinate all delivery arrangements with the Point of Contact specified in the award.

Partial deliveries are permitted; however, the total quantity shall be delivered not later than 90 days after award of a contract.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011183823

PSC CD: 7210

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 2,000 Each Single Beds

FFP

Reference the Salient Characteristics below.

Delivery shall be F.O.B. Destination to the following address:

Installation Management Command, Europe Supply Division.

ATTN: Fredy Grzeskowiak Rhine Ordance Barracks 67657 Kaiserlautern, Germany

The Government is responsible for the unloading of deliveries at the destination as well as responsible for any damages caused during the unloading process.

However, any damage which may be incurred by items during the transportation to the delivery location is the responsibility of the contractor.

The contractor shall coordinate all delivery arrangements with the Point of Contact specified in the award.

Partial deliveries are permitted; however, the total quantity shall be delivered not later than 90 days after award of a contract.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011183823

PSC CD: 7210

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 1,000 IMCOM-E, RHINE ORDINANCE

BARRACKS [ROB]

FREDY GRZESKOWIAK

GERMANY AM OPELKREISEL

67657 KAISERSLAUTERN

GERMANY

06111-43-544-4605 FOB: Destination

WK4FVK

0002 90 dys. ADC 2,000 (SAME AS PREVIOUS LOCATION)

FOB: Destination

WK4FVK

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (NOV 2017) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Changes--Fixed Price AUG 1987 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017)

(a) Definition. Qualifying country, as used in this clause, means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

Australia Austria Belgium Canada Czech Republic Denmark Egypt Estonia Finland France Germany Greece Israel Italy Japan Latvia Luxembourg Netherlands Norway Poland Portugal Slovenia Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland

(b) Subject to the restrictions in section 225.872 of the Defense FAR Supplement, the Contractor shall not preclude qualifying country sources or U.S. sources from competing for subcontracts under this contract.

(End of clause)

252.225-7021 TRADE AGREEMENTS--BASIC (DEC 2017)

(a) Definitions. As used in this clause—

“Caribbean Basin country end product”—

(i) Means an article that—

(A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself; and

(ii) Excludes products, other than petroleum and any product derived from petroleum, that are not granted duty-free treatment under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)). These exclusions presently consist of—

(A) Textiles, apparel articles, footwear, handbags, luggage, flat goods, work gloves, leather wearing apparel, and handloomed, handmade, or folklore articles that are not granted duty-free status in the Harmonized Tariff Schedule of the United States (HTSUS);

(B) Tuna, prepared or preserved in any manner in airtight containers; and

(C) Watches and watch parts (including cases, bracelets, and straps) of whatever type, including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the HTSUS column 2 rates of duty (HTSUS General Note 3(b)) apply.

“Commercially available off-the-shelf (COTS) item”—

(i) Means any item of supply (including construction material) that is—

(A) A commercial item (as defined in paragraph (1) of the definition of “commercial item” in section 2.101 of the Federal Acquisition Regulation);

(B) Sold in substantial quantities in the commercial marketplace; and

(C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(ii) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into an end product.

“Designated country” means—

(i) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as ``the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), Ukraine, or the United Kingdom);

(ii) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Panama, Peru, or Singapore);

(iii) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(iv) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

“Designated country end product” means a WTO GPA country end product, a Free Trade Agreement country end product, a least developed country end product, or a Caribbean Basin country end product.

“End product” means those articles, materials, and supplies to be acquired under this contract for public use.

“Free Trade Agreement country end product” means an article that—

(i) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or

(ii) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself.

“Least developed country end product” means an article that—

(i) Is wholly the growth, product, or manufacture of a least developed country; or

(ii) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself.

“Nondesignated country end product” means any end product that is not a U.S.-made end product or a designated country end product.

“Qualifying country” means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

Australia Austria Belgium Canada

Czech Republic Denmark Egypt Estonia Finland France Germany Greece Israel Italy Japan Latvia Luxembourg Netherlands Norway Poland Portugal Slovenia Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland.

“Qualifying country end product” means—

(i) An unmanufactured end product mined or produced in a qualifying country; or

(ii) An end product manufactured in a qualifying country if—

(A) The cost of the following types of components exceeds 50 percent of the cost of all its components:

(1) Components mined, produced, or manufactured in a qualifying country.

(2) Components mined, produced, or manufactured in the United States.

(3) Components of foreign origin of a class or kind for which the Government has determined that sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United States; or

(B) The end product is a COTS item.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“U.S.-made end product” means an article that—

(i) Is mined, produced, or manufactured in the United States; or

(ii) Is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

“WTO GPA country end product” means an article that—

(i) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(ii) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself.

(b) Unless otherwise specified, this clause applies to all items in the Schedule.

(c) The Contractor shall deliver under this contract only U.S.-made, qualifying country, or designated country end products unless—

(1) In its offer, the Contractor specified delivery of other nondesignated country end products in the Trade Agreements Certificate provision of the solicitation; and

(2)(i) Offers of U.S.-made, qualifying country, or designated country end products from responsive, responsible offerors are either not received or are insufficient to fill the Government’s requirements; or

(ii) A national interest waiver has been granted.

(d) The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry.

(e) The HTSUS is available on the Internet at http://www.usitc.gov/tata/hts/bychapter/index.htm. The following sections of the HTSUS provide information regarding duty-free status of articles specified in paragraph (a)(2)(ii)(A) of this clause:

(1) General Note 3(c), Products Eligible for Special Tariff Treatment.

(2) General Note 17, Products of Countries Designated as Beneficiary Countries Under the United States—Caribbean Basin Trade Partnership Act of 2000.

(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note 7(b).

(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits Under the United States— Caribbean Basin Trade Partnership Act.

CLAUSES INCORPORATED BY REFERENCE

252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.229-7002 Customs Exemptions (Germany) JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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

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

Technical Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2018)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

XX (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 (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

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

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

____ (10) [Reserved]

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

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

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

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

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

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

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

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

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

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

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

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

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

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

____ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

13496).

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

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

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

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

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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

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

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (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.

____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 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).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(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 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (11) 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. 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.