Sources Sought Notice – 68– Pool Chemicals for Ft. Leavenworth Pools

Notice Type: Sources Sought Notice

Posted Date: 10-SEP-14

Office Address: Department of the Army; Army Contracting Command, MICC; MICC - Fort Leavenworth; 600 Thomas Avenue, Unit 3, Fort Leavenworth, KS 66027-1417

Subject: 68-- Pool Chemicals for Ft. Leavenworth Pools

Classification Code: 68 - Chemicals & chemical products

Solicitation Number: W91QF4-14-BPA-POOLCHEM

Contact: Kevin Doody, 314-483-5599 mailto:[email protected] [MICC - Fort Leavenworth]

Setaside: N/AN/A

Place of Performance (address): MICC - Fort Leavenworth 600 Thomas Avenue, Unit 3 Fort Leavenworth KS

Place of Performance (zipcode): 66027-1417

Place of Performance Country: US

Description: Department of the Army

Army Contracting Command, MICC

MICC - Fort Leavenworth

This is a Notice to Vendors stating the Governments intent to enter into a Blanket Purchase Agreement (BPA) for Pool Chemicals with qualified vendors under the parameters listed in this document. This information is prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only notice of the Governments intent to establish this Blanket Purchase Agreement. Proposals from qualified vendors detailing their company's ability to fulfill the requirements stated in the body of this document are being requested and a written solicitation will not be issued. This BPA is for commercial chemicals and will be offered to the qualified business that can provide the lowest price for the stated items under the North American Industry Classification System Code (NAICS) 325998: Swimming pool chemical preparations manufacturing. If a Blanket Purchase Agreement is entered into with a qualified business it is expected to be awarded as a one (1) year Blanket Purchase Agreement (BPA) re-evaluated annually. This acquisition is for chemicals used in the maintaining of swimming pools at Fort Leavenworth, KS. This solicitation is being issued as a Request For Quotes (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-71. The Blanket Purchase Agreement does not state or imply any agreement by the Government to place future contracts or orders with the contractor or be used in any manner to restrict competition. The Government is only obligated to the extent of authorized calls placed against the Blanket Purchase Agreement. Section A - REQUIREMENTS: Ft. Leavenworth DPW maintains indoor and outdoor swimming pools located on the installation. The vendor selected will provide supplies and products as required/requested by authorized DPW representatives. The Contractor shall provide pricing for chemicals listed below: The offeror(s) shall include descriptive literature such as brochures or other relevant information that fully describes their business and their ability to provide the required products. In addition to the required information listed above, Please submit the following information pertaining to your company with each quote: Cage Code DUNS number Prompt Payment Terms Date offer expires. SPECIFICATIONS OF THE REQUIREMENT: The FAR and DFARS provisions and clauses incorporated into this notice are available to be viewed on the attached solicitation. Among those is a requirement for electronic invoicing and payment. Government credit cards will be used for payment. Quotes are due no later than 16:00am (CST) on 23 September, 2014. All proposals shall reference number W91QF4-14-BPA-POOLCHEM on all correspondence. The point of contact for this solicitation is Kevin J. Doody, Contract Specialist, at [email protected]. All quotes should be sent to [email protected]. Section B - Supplies or Services and Prices BPA Master Dollar Limit: $250,000.00 BPA Call Limit: $25,000.00 Period of Performance: 01 Oct-2014 to 30-Sept-2019 FSC Codes: 6810 PRODUCT AND PRICING Chemical Container size Estimated # of containers annually Sodium Hypochlorite 4625 Muriatic Acid 55 gal drum 24 Hydrochloric Acid 20 Degree 15 gal Carboy 9 Calcium Chloride Flake 50 lb bag 195 Sodium Bicarbonate 50 lb bag 130 Cyanuric Acid 55 lb bag 25 Sodium Thiosulfate 50 lb pail 2 Calcium Hypochlorite 73% 100 lb 2 Section C - Descriptions and Specifications STATEMENT OF WORK Provide supplies and products as required/requested by authorized ordering officers for ths Blanket Purchase Agreement (BPA). Payment for items purchased against this BPA will be paid for utilizing the Government Purchase Card (GPC). The contractor pricing shall be at the rate provided to the contractor's best customers. Section G - Contract Administration Data LOCAL INSTRUCTIONS ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS 1. Paragraph (g): CREDIT CARD PAYMENT: The successful bidder shall be required to accept the Government purchase card for payment purposes on items as listed in the bid schedule under this resultant contract. All costs associated with the use of a Government Purchase Card, e.g., transaction fees, must be included in the price. (When establishing use of the credit card through a financial institution, the Contractor may wish to identify that the customer will be the Federal Government. Within the past year, some card associations have introduced reduced fee schedules for contractors serving Federal Government customers). The current Government purchase card is U.S. Bank. When processing invoices monthly as a result of credit card transactions, the Contractor shall discount the invoice amount by the prompt payment discount offered on this contract. U.S. Bank Card Systems pays all credit card transactions within 36 hours of receipt of an invoice. Provide a duplicate copy of the invoice to the following address: CREDIT CARD HOLDER INFORMATION: Robin Warninghoff 440 McPherson Ave Fort Leavenworth, KS 66027 Ph: 913-684-7700 Samantha Culbertson 440 McPherson Ave Fort Leavenworth, KS 66027 Ph: 913-684-8928 PAY AND CONFIRM POLICY: Defense Finance and Accounting Service (DFAS) uses a quote mark pay and confirm quote mark process whereby payment of invoices will be made promptly with subsequent verification of receipt and acceptance of goods. Cardholders will attempt to resolve issues such as defective goods and/or services, unauthorized charges, and items billed but not yet received with the Contractor first. Cardholders have 60 days from receipt of the Monthly Statement to dispute a transaction. Tax (see paragraph (k) of this clause) and transportation charges may not be disputed; however, if these charges are not authorized when the cardholder orders the items listed in the contract, a credit shall be received from the Contractor. 2. Paragraph (k) - All supplies and services provided under this contract are for the exclusive use of the United States Government. We are not a commercial enterprise or corporation of any sort. Our tax exemption number issued by the State of Missouri is 1401570. Also, per K.A.R. 92-19-77, sales to the United States, its agencies and instrumentalities, we are also exempt from sales tax for the State of Kansas. In accordance with the Federal Acquisition Regulations, FAR 29.305, we hereby acknowledge and claim Federal, State, and local excise tax exemption. LEGAL PUBLIC HOLIDAYS (4516) The following is a list of legal public holidays, which is provided for informational purposes in which the government will not be open for business. New Year's Day....................1 January Martin Luther King's Birthday.....third Monday in January Presidents' Day...................third Monday in February Memorial Day......................last Monday in May Independence Day..................4 July Labor Day.........................first Monday in September Columbus Day......................second Monday in October Veterans' Day.....................11 November Thanksgiving Day..................fourth Thursday in November Christmas Day.....................25 December NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday. RESTRICTED ACCESS TO MILITARY INSTALLATION (4600) A. The work to be performed under this contract is located on the Fort Leavenworth military installation. As of January 1, 2002, the installation will institute 100% controlled access. Controlled access means there will be military police located at the entry gates. Vehicles entering the installation may be subject to stop and search procedures. At times of increased security alerts, control may be increased or access may be restricted completely. Some gates may be closed during periods of the day or night. B. The Contractor may be responsible for furnishing to each employee, and for requiring each employee engaged on the work, to display or possess identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any employee. C. Contractors shall obtain a vehicle registration pass for each contractor vehicle and for each contractor-employee's private vehicle brought onto the installation. To register a vehicle, the operator will be required to provide proof of vehicle registration, driver's license and proof of insurance. Passes issued to contractors and their employees are valid for 90 days and must be renewed upon expiration. D. Prior to vehicle registration, contractors shall provide a roster of all employees' names who will access the Fort during the performance of the contract. That roster shall be provided to the Contracting Officer and to the PMO. That roster shall be subsequently updated by the contractor as changes occur and provided to the Contracting Officer and to the PMO. ANTI-TERRORISM LEVEL I ANTITERRORISM 5152.209-4000 DOD LEVEL I ANTITERRORISM (AT) STANDARDS (FEB 2009) (a) Pursuant to Department of Defense Instruction Number 2000.16, quote mark DoD Antiterrorism (AT) Standards, quote mark dated October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion. The training is accessible from any computer and is available at https://atlevel1.dtic.mil/at/. The contractor is responsible for ensuring that all applicable employees have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer and the Contracting Officer's Representative (if appointed) within five working days after contract award or prior to access to a Federally-controlled installation or information system. (b) In the event that the automated system at https://atlevel1.dtic.mil/at/ is not available (e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor. However, if the training is not completed online, the Level I AT Awareness Instructor qualification must be coordinated with the Installation Antiterrorism Officer (or Installation Security equivalent) and the resultant name(s) of approved instructors shall be provided the contracting officer or designee along with all associated cost or schedule impacts to the contract. (c) Antiterrorism performance (Level I AT Awareness Training attendance and compliance) may be documented as a performance metric under the resultant contract, and be part of past performance information in support of future source selections. (End of clause) PACKAGING PACKAGING AND MARKING (4011) The packaging (preservation and packing) shall be in standard commercial containers of the size and commonly used, which affords the degree of protection required to prevent deterioration and damages due to the hazards of shipment, handling and storage. All requirements of 49 CFR 172.300 apply to hazardous materials. Reference MIL STD 129 for further information on shipping standards. Contract/Purchase Order should be prominently labeled on the outside of all packaging. CONTRACT ADMINISTRATION RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer. b. No oral statement of any person will in any manner or degree shall modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. c. All matters pertaining to Government administration of this contract should be directed to: ATTN: Kevin Doody, Contract Specialist MICC Ft. Leavenworth 535 Kearny, Bldg 338 FORT LEAVENWORTH, KS 66027-1417 TELEPHONE NUMBER: 913-684-1625 FAX NUMBER: 913-684-3858 E-MAIL: [email protected] OR ATTN: Christy Herbig, Contracting Officer MICC-DOC Ft. Leavenworth 535 Kearny, Bldg 338 FORT LEAVENWORTH, KS 66027-1417 TELEPHONE NUMBER: 913-684-1644 FAX NUMBER: 913-684-3858 E-MAIL: [email protected] POINTS OF contact Vendor POC: Customer POC: Don Miller, 913-684-7792, [email protected] EMAIL POINTS OF contact LISTING: INSPECTOR: [email protected] ACCEPTOR: [email protected] RECEIVING OFFICE POC: [email protected] CONTRACT ADMINISTRATOR: [email protected] CONTRACTING OFFICER: [email protected] EXTENT OF OBLIGATION The Government is only obligated to the extent of the purchases actually placed against this Blanket Purchase Agreement (BPA) by authorized personnel. This agreement may be discontinued at any time, upon 30 days' written notice by either party. Discontinuing or modifying this agreement shall not affect any prior task orders incorporated in the basic agreement. The agreement shall be reviewed annually before the anniversary of it's effective date and revised as necessary to conform to the requirements of the acquisition regulations. EXECUTIVE LEVEL AGENCY PROTEST Local Clause 5152.233-4000, AMC-Level Protest Program (Nov 2008) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.10. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution. HQ Army Material Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527 Facsimile number (703) 806-8866 or 8875 Packages sent by FedEx or UPS should be addressed to: HQ Army Material Command Office of Command Counsel Room 2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527 The AMC-Level Protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp. If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures. (End of Provision) ADDITIONAL TERMS & CONDITIONS Additional Terms and Conditions The type of contract is a Blanket Purchase Agreement (BPA). All quantities represented in the solicitation and resulting BPA are estimated quantities. Additionally if items become unavailable, the contractor will be responsible for contacting the Contracting Office to inform and negotiate any possible solutions. The Point Of contact (POC) for the government for orders placed against this BPA are: Samantha Culbertson, DPW Government Purchase Card Holder Robin Warninghoff, DPW Government Purchase Card Holder Both are authorized to place orders up to the BPA Single Call Order Limit. Usage will be monitored by the POC. Section I - Contract Clauses CLAUSES INCORPORATED BY FULL TEXT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2014) (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.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (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) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). ____ (10) 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). ____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (12) 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). ____ (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 (July 2013) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (July 2013) (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. ____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). ____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). ____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (21)(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. ____ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (July 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ____ (23) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ____ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). X (25) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)). ____ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)). X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126). X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ____ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). ____ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ____ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (37)(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.) ____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (39)(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 (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (41) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). ____(42)(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. ____ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (44) 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). ____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ____ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). ____ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). X (52) 52.232-36, Payment by Third Party (July 2013) (31 U.S.C. 3332). ____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) _____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). _____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). _____ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). _____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). _____ (9) 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 (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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 (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 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. (xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 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 5 days of expiration of contract. (End of clause) 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 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 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 5 years. (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of clause) CLAUSES INCORPORATED BY REFERENCE 52.212-4 Contract Terms and Conditions--Commercial Items SEP 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013 252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program DEC 2012 252.225-7021 Trade Agreements OCT 2013 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments Program DEC 2012 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card DEC 2006 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

Link/URL: https://www.fbo.gov/notices/c9f046d5df7e05e985d3f84d6bf82536