W911WN-13-T-0023_SOLICITATION.pdf

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CECT-LRP

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

412-644-5109

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

35.5

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W911WN-13-T-0023 11-Mar-2013

b. TELEPHONE NUMBER

412-395-7549

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 20 Mar 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W911WN

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE H4R07A0 16. ADMINISTERED BY

FIELD MAINTENANCE OFFICE

DON FOGEL

US ARMY CORPS OF ENGINEER 3500 GRAND AVEN

PITTSBURGH PA 15225-1584

TEL: 412-395-7601 FAX: 412-644-4900

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DONNA YON

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

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

562111

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 HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81ET430465520

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

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W911WN-13-T-0023

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 52 Week PICK-UP SERVICE Bldg N-104

FFP

PICK-UP ONE 6YD CONTAINER AT BLDG N-104 WEEKLY GOV'T.

OWNED).

FOB: Destination

MILSTRIP: W81ET430465520

PURCHASE REQUEST NUMBER: W81ET430465520

NET AMT

0002 52 Week PICK-UP SERVICE Bldg N-110

FFP

PICK-UP ONE 6YD CONTAINER AT BLDG. N-110 WEEKLY (GOV'T

OWNED)

FOB: Destination

0003 60 Each

PICK-UP SERVICE BLDG N-104

FFP

PICK-UP Five 6YD CONTAINER AT BLDG N-104 AS REQUESTED

(CONTRACTOR OWNED)

FOB: Destination

0004 22 Each

PICK-UP SERVICE BLDG N-104

FFP

PICK-UP two 30YD CONTAINER AT BLDG N-104 WHEN REQUESTED

(CONTRACTOR OWNED)

FOB: Destination

0005 20 Each

PICK-UP SERVICE BLDG N-104

FFP

PICK-UP TWO 3 YD CONTAINERS AT BLDG. N-104 WHEN REQUESTED

(GOVERNMENT OWNED)

FOB: Destination

0006 52 Week

PICK-UP SERVICE BLDG T-1002

FFP

PICK-UP ONE 3YD CONTAINER AT BLDG T-1002 WEEKLY

(GOVERNMENT OWNED)

FOB: Destination

1001 52 Week OPTION PICK-UP SERVICE Bldg N-104

FFP

PICK-UP ONE 6YD CONTAINER AT BLDG N-104 WEEKLY GOV'T.

OWNED).

FOB: Destination

1002 52 Week OPTION PICK-UP SERVICE Bldg N-110

FFP

PICK-UP ONE 6YD CONTAINER AT BLDG. N-110 WEEKLY (GOV'T

OWNED)

1003 60 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP Five 6YD CONTAINER AT BLDG N-104 AS REQUESTED

(CONTRACTOR OWNED)

1004 22 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP two 30YD CONTAINER AT BLDG N-104 WHEN REQUESTED

(CONTRACTOR OWNED)

1005 20 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP TWO 3 YD CONTAINERS AT BLDG. N-104 WHEN REQUESTED

(GOVERNMENT OWNED)

1006 52 Week

OPTION PICK-UP SERVICE BLDG T-1002

FFP

PICK-UP ONE 3YD CONTAINER AT BLDG T-1002 WEEKLY

(GOVERNMENT OWNED)

2001 52 Week OPTION PICK-UP SERVICE Bldg N-104

FFP

PICK-UP ONE 6YD CONTAINER AT BLDG N-104 WEEKLY GOV'T.

OWNED).

2002 52 Week OPTION PICK-UP SERVICE Bldg N-110

FFP

PICK-UP ONE 6YD CONTAINER AT BLDG. N-110 WEEKLY (GOV'T

OWNED)

2003 60 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP Five 6YD CONTAINER AT BLDG N-104 AS REQUESTED

(CONTRACTOR OWNED)

2004 22 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP two 30YD CONTAINER AT BLDG N-104 WHEN REQUESTED

(CONTRACTOR OWNED)

2005 20 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP TWO 3 YD CONTAINERS AT BLDG. N-104 WHEN REQUESTED

(GOVERNMENT OWNED)

2006 52 Week

OPTION PICK-UP SERVICE BLDG T-1002

FFP

PICK-UP ONE 3YD CONTAINER AT BLDG T-1002 WEEKLY

(GOVERNMENT OWNED)

3001 52 Week OPTION PICK-UP SERVICE Bldg N-104

FFP

PICK-UP ONE 6YD CONTAINER AT BLDG N-104 WEEKLY GOV'T.

OWNED).

3002 52 Week OPTION PICK-UP SERVICE Bldg N-110

FFP

PICK-UP ONE 6YD CONTAINER AT BLDG. N-110 WEEKLY (GOV'T

OWNED)

3003 60 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP Five 6YD CONTAINER AT BLDG N-104 AS REQUESTED

(CONTRACTOR OWNED)

3004 22 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP two 30YD CONTAINER AT BLDG N-104 WHEN REQUESTED

(CONTRACTOR OWNED)

3005 20 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP TWO 3 YD CONTAINERS AT BLDG. N-104 WHEN REQUESTED

(GOVERNMENT OWNED)

3006 52 Week

OPTION PICK-UP SERVICE BLDG T-1002

FFP

PICK-UP ONE 3YD CONTAINER AT BLDG T-1002 WEEKLY

(GOVERNMENT OWNED)

4001 52 Week OPTION PICK-UP SERVICE Bldg N-104

FFP

PICK-UP ONE 6YD CONTAINER AT BLDG N-104 WEEKLY GOV'T.

OWNED).

4002 52 Week OPTION PICK-UP SERVICE Bldg N-110

FFP

PICK-UP ONE 6YD CONTAINER AT BLDG. N-110 WEEKLY (GOV'T

OWNED)

4003 60 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP Five 6YD CONTAINER AT BLDG N-104 AS REQUESTED

(CONTRACTOR OWNED)

4004 22 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP two 30YD CONTAINER AT BLDG N-104 WHEN REQUESTED

(CONTRACTOR OWNED)

4005 20 Each

OPTION PICK-UP SERVICE BLDG N-104

FFP

PICK-UP TWO 3 YD CONTAINERS AT BLDG. N-104 WHEN REQUESTED

(GOVERNMENT OWNED)

4006 52 Week

OPTION PICK-UP SERVICE BLDG T-1002

FFP

PICK-UP ONE 3YD CONTAINER AT BLDG T-1002 WEEKLY

(GOVERNMENT OWNED)

TOTALS

GRAND TOTAL ITEMS 0001 THROUGH 4006 $______________________________

Note: All extensions of the unit prices shown will be subject to verification by the Government.

Please do not round off totals. In case of variation between the unit prices and the extension, the unit price will be considered to be the bid.

PERFORMANCE WORK STATEMENT

REFUSE SERVICES, PITTSBURGH ENGINEER WAREHOUSE (PEWARS)

1. WORK TO BE PERFORMED

(a) The work to be performed consists of furnishing all necessary labor, materials, vehicles, tools, supplies and equipment to collect and dispose of rubbish, trash and construction trash at the Pittsburgh Engineer Warehouse (Building N104), the Area Office (Building N110), and the C.E. Kelley Building (Building T-1002) at 3500-3510 Grand Avenue, Neville Island, PA.

(b) Collection shall be performed between the hours of 7:30 AM and 3:00 PM, EST and collected as specified on the schedule. The collection can be performed, either on Tuesday or Wednesday; but shall occur on the same day every week. If a holiday falls on Tuesday or Wednesday, the collection will be on the proceeding day.

(c) Collection includes removal of all contents in the container and all trash, paper, bottles, cans, and other debris on the ground within a ten-foot radius of the container. Each container shall be returned to its original location and the lid closed.

(d) The following table lists the containers that require pickup service, their location, and the pickup frequency. Also identified are the containers owned by the Government and those that shall be furnished by the contractor:

CLIN Container Size

Quantit y

Owner Location Pickup Frequency

No. of Services and UOM

0001 6 cu. yd. 1 Government N104 Weekly 52 WEEK 0002 6 cu. yd. 1 Government N110 Weekly 52 WEEK 0003 6 cu. yd. 5 Contractor N104 When called **

60 EA *

0004 30 cu. yd.

roll offs

2 Contractor N104 When called **

22 EA *

0005 3 cu. yd. 2 Government N104 When called **

20 EA *

0006 3 cu. yd. 1 Government T-1002 Weekly 52 WEEK

*EA = per container **See paragraph (e) below

(e) The Contractor shall provide a pickup service for each container(s) specified within 24 hours of receiving a request for pickup from the Contracting Officer's Representative.

2. GENERAL REQUIREMENTS

(a) It is the responsibility of the contractor to comply with all state and local laws and regulations concerning solid waste transportation and disposal. Disposal shall be done only at a site approved for that purpose. A copy of the current Solid Waste Disposal Permit issued, by the Pennsylvania Department of Environmental Resources Bureau of Waste Management, to the land fill site property owners shall be furnished to the Contracting Officer Representative (COR) prior to the commencement of work.

(b) The contractor shall furnish and maintain all dumpsters in an operationally and safe condition at all times. Dumpsters shall be maintained in a neat, clean, vector free condition.

Dumpsters furnished by the contractor shall be leak proof, in a fully serviceable condition (no defects) and shall be compatible with the hoisting mechanism of the contractor’s collection vehicles and comply with the requirements specified herein and in the schedule. Standard safety decals shall be attached to the dumpsters.

3. FEDERAL HOLIDAYS

The ten federal holidays are:

New Years Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

4. SAFETY REQUIREMENTS

The Contractor shall comply with all current provisions of the Occupational Safety and Health Act (OSHA) in addition to the requirements of the Corps of Engineers Manual, EM 385-1-1, "Safety and Health Requirements Manual" (see http://www.usace.army.mil/CESO/Pages/EM385-1-1.aspx). If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Contracting Officer may issue a stop work order for all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made subject to a claim for extension of time or for excess costs or damages to the Contractor. The Contractor will not be paid for work not performed as a result of the stop order.

5. DAMAGE REPORTS

In all instances where Government property and/or equipment is damaged by Contractor employees, a full report of the incident and extent of such damage shall be submitted to the COR within two work days of occurrence.

6. DEFICIENCIES

(a) REPERFORMANCE. If any of the work performed does not conform to contract requirements, the Government may require the Contractor to perform the work again at no cost to the Government. When the defect in work cannot be corrected by reperformance, or cannot be corrected in the specified time frame, the Government may, by separate contract or otherwise, perform the work and charge the Contractor any costs incurred by the Government that are directly related to the performance of such work. The actual cost includes, but is not limited to, labor costs including benefits, transportation, and materials.

(b) Contract Deficiency Report (CDR) (DD2772). A CDR will be issued to the Contractor for any failure to perform (Attachment 1). The CDR describes the deficiency or problem and will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. The Contractor's response shall identify the cause and corrective action taken and identify corrective actions. The COR will evaluate the Contractor's response and record the corrective action to be taken, which may include deductions in payment. Upon finalization of the CDR, the Contractor and the COR shall sign the form and the Contractor will be given a copy of the completed form.

Should the Contractor not concur with any decision or finding, the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer will review all CDRs issued; CDRs will also become a part of the permanent contract file.

7. QUALITY ASSURANCE.

The Government will monitor the Contractor's performance in each functional area under this contract and reserves the right to use whatever additional surveillance procedures it deems appropriate. The Government will monitor performance to insure compliance using a Quality Assurance Surveillance Plan (QASP) (attachment 2) but reserves the right to alter the plan at its own discretion. The QASP is included as for information purposes only. The Government reserves the right to change methods of inspection as deemed necessary.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 30-APR-2013 TO

29-APR-2014

N/A FIELD MAINTENANCE OFFICE

DON FOGEL

US ARMY CORPS OF ENGINEER 3500

GRAND AVEN

PITTSBURGH PA 15225-1584

412-395-7601

H4R07A0

0002 POP 30-APR-2013 TO

29-APR-2014

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-APR-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 30-APR-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 30-APR-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 30-APR-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 30-APR-2014 TO

29-APR-2015

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 30-APR-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 30-APR-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 30-APR-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 30-APR-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 30-APR-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 30-APR-2015 TO

29-APR-2016

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 30-APR-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 30-APR-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 30-APR-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 30-APR-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 30-APR-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 30-APR-2016 TO

29-APR-2017

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 30-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 30-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 30-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 30-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 30-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 30-APR-2017 TO

29-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 30-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 30-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 30-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 30-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 30-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

ADDENDUM TO 52.212-4

The contract includes FAR clause 52.204‐7, Central Contractor Registration (CCR), and DF ARS 252.204‐7004, Alternate A, Central Contractor Registration. CCR is the retired primary Government repository for Contractor information required for the conduct of business with the Government. All information previously required by CCR shall be entered and maintained in System for Award Management Registration; the website for registration is https://www.sam.gov/portal/public/SAM/.

CLAUSES INCORPORATED BY FULL TEXT

52.211-4001 PERIOD OF SERVICE/PERFORMANCE OF CONTRACT (Jul 2005)

The period of service/performance under this contract will be from 30 April 2013 or date of award, whichever is later, through 29 April 2014, with the option to renew an additional (4) one year option periods.

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the effective date of award through the remaining effective period of the contract and any exercised option periods.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 working days before the contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

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.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

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

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

___ (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).

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

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

____ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 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 Set-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.

____ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

____ (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 (Jul 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)).

_ (18) 52.219-16, Liquidated Damages—Subcon-tracting 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).

____ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (MAR 2012) (E.O. 3126).

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

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

____ (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).

____ (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.)

____ (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) (E.O.

13513).

____ (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, 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).

____ (42) 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).

____ (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).

____ (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.)

__X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

351, et seq.).

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

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

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

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

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

_____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. 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 1998) (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 (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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.).

(xi) 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.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL…