Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 20, 2014 FBO #4621
MODIFICATION

16 -- Depot Level Overhaul of 54H60-117 Propeller Assemblies

Notice Date

7/18/2014
 

Notice Type

Modification/Amendment
 

NAICS

336412 — Aircraft Engine and Engine Parts Manufacturing
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, MRS, SRR, MRR, LRS, ESD, IOD, ISD, or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 

ZIP Code

27909-5001
 

Solicitation Number

HSCG38-14-R-H00007
 

Archive Date

8/5/2014
 

Point of Contact

Shauna McLarney, Phone: 252-334-5496, Nancy F DeBerry, Phone: 252-335-6291
 

E-Mail Address

Shauna.C.Mclarney@uscg.mil, nancy.deberry@uscg.mil
(Shauna.C.Mclarney@uscg.mil, nancy.deberry@uscg.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

Solicitation HSCG38-14-R-H00007 is Amended and the SERVICE CONTRACT ACT requirements are removed and the Walsh-Healey Public Contracts Act (FAR Part 52.222-20) is applied. The Closing Date and Time for Receipt of Offers remains the same. The United States Coast Guard (USCG), Aviation Logistics Center (ALC) is soliciting proposals for a Firm Fixed Price Contract for the depot level overhaul of 54H60-117 Propeller Assemblies and related components utilized on the USCG HC-130H aircraft. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is HSCG38-14-R-H00007. The solicitation is issued as a Request for Proposal (RFP) in accordance with FAR Parts 12 and 15. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-75 effective June 24, 2014. This solicitation is issued as a total small business set-aside. All responsible sources may submit a proposal which shall be considered by the agency. The associated North American Industry Classification System (NAICS) code is 336412 with a size standard of 1,000 employees. Offerors are to provide a proposal for the services outlined in the attached Statement of Work. A detailed Contract Line Item Number (CLIN) list of required supplies/services is provided which offerors may use for price proposal. Description of Requirement: Depot level overhaul of 54H60-117 Propeller Assemblies and related components utilized on the USCG HC-130H aircraft. Overhaul of the propeller assembly and related components shall include all processes required including but not limited to taper bore inspection, thrust washer repair, blade bending, re-twisting, re-shot peening, cold rolling, chrome or HVOF plating process, low plasticity burnishing and any other processes required by specifications in the latest revision of the applicable Air Force Technical Orders (TO). Delivery: The Government requires delivery according to the following schedule: 60 days after receipt of material : CLIN 0001: 7 each - Valve Housing Assy. NSN: 1610-01-016-2196 P/N: 714325-5 CLIN 0002: 5 each - Pump Housing Assy. NSN: 1610-01-220-6052 P/N: 733872-6 CLIN 0004: 6 each - Afterbody Half Body NSN: 1610-00-873-6424 P/N: 560501 CLIN 0006: 2 each - Propeller Assy. NSN: 1610-01-096-7677 P/N: 54H60-117 90 days after receipt of material : CLIN 0001: 7 each - Valve Housing Assy. NSN: 1610-01-016-2196 P/N: 714325-5 CLIN 0002: 5 each - Pump Housing Assy. NSN: 1610-01-220-6052 P/N: 733872-6 CLIN 0004: 6 each - Afterbody Half Body NSN: 1610-00-873-6424 P/N: 560501 120 days after receipt of material : All remaining quantities of components as listed in the Schedule of Supplies/Services. All components shall be delivered to: USCG Aviation Logistics Center Receiving Section Bldg 63 1664 Weeksville Rd. Elizabeth City, NC 27909 Inspection and Acceptance shall be performed by the USCG, Aviation Logistics Center, Quality Assurance Department. FOB Destination. In accordance with 12.603(c), the following FAR provisions apply to this acquisition: 52.212-1, Instruction to Offerors - Commercial Items, and 52.212-2, Evaluation of Commercial Items. Offerors shall include a completed copy of FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Items with their proposal. FAR Clauses 52.212-4, Contract Terms and Conditions - Commercial Items, and 52.212-5, Contract Terms and Conditions Required Implementing Statutes or Executive Orders - Commercial Items apply to this acquisition. Questions regarding the solicitation must be submitted in writing not later than July 18, 2014 at 4:00 pm, EST. The closing date and time for receipt of offers is July 21, 2014 at 4:00 pm, EST. Proposals may be submitted electronically by closing date and time to: shauna.c.mclarney@uscg.mil. Please indicate HSCG38-14-R-H00007 in subject line. Proposals may also be mailed to the following address: USCG Aviation Logistics Center (ALC) Long Range Surveillance (LRS) Procurement Branch 1060 Consolidated Road Elizabeth City, NC 27909-5001 Attention: Shauna McLarney TERMS AND CONDITIONS PROVISIONS FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/far/index.html. FAR 52.204-7 System for Award Management (Jul 2013) FAR 52.211-14 Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy Use Program (Apr 2008) FAR 52.215-20 Requirements for Certified or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010) FAR 52.212-1 Instructions to Offerors-Commercial Items (Apr 2014) is tailored in accordance with FAR 12.302(a): Paragraph (c) Offerors shall agree to hold prices firm for one hundred twenty (120) calendar days from the closing date of this solicitation. Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Apr 2014) Offerors shall submit their proposals electronically to Shauna McLarney at shauna.c.mclarney@uscg.mil. Proposals shall be properly identified with the RFP number, company name address and CAGE code. Proposals shall not exceed 25 pages in entirety. Proposals shall be separated into two (2) individual sections, one designated for non-price factors, the other designated for price. Each section shall be tabbed and identified by a cover page. Required sections are as follows: 1) Non-Price Factors: a. Delivery Approach (Factor I) b. Experience (Factor II) c. Past Performance (Factor III) 2) Price (Factor IV) In addition, proposals shall be accompanied by the following mandatory minimum requirements: 1) Certifications: Offeror must include a copy of at least one (1) of the following certifications with classification for the 54H60 series propeller assembly and related components: • Federal Aviation Administration (FAA) Repair Facility Certificate for the exact category of components specified in the schedule; or, • European Aviation Safety Agency (EASA) Approved Maintenance Organization Certificate; or, • Transport Canada, Civil Aviation Directorate (TCAA) Approved Maintenance Organization Certificate for propeller overhaul work Certificates must be current and pertinent to the work required by the SOW. Expired certificates will be rejected and the absence of an applicable certificate will result in rejection of the proposal. 2) Technical Orders: Offeror must include copies of the cover pages of the latest version of each Air Force Technical Order listed in paragraph 3.3 of the SOW. Missing cover pages or the presence of outdated technical orders will result in rejection of the proposal. The Government will NOT delay proposal evaluation and contract award pending any offeror's attempts to obtain the required technical orders from the maintenance organization specified in paragraph 3.4 of the SOW. In accordance with paragraph (g), the Government intends to evaluate offers and award a contract without discussions. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined to be necessary. Questions regarding the solicitation must be submitted in writing not later than July 18, 2014 at 4:00 pm, EST. The closing date and time for receipt of offers is July 21, 2014 at 4:00 pm, EST. Proposals may be submitted electronically by closing date and time to: shauna.c.mclarney@uscg.mil. Please indicate HSCG38-14-R-H00007 in subject line. Proposals may also be mailed to the following address: USCG Aviation Logistics Center (ALC) Long Range Surveillance (LRS) Procurement Branch 1060 Consolidated Road Elizabeth City, NC 27909-5001 Attention: Shauna McLarney FAR 52.212-2 Evaluation-Commercial Items (Jan 1999) 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 Government will evaluate proposals, using a "trade-off" process and ultimately award to the offeror whose offer represents the overall best value to the Government. The evaluation factors are listed in descending order of importance. Factor I, Delivery Approach is more important than Factors II and III. When combined, Factors I, II, and III are more important than Price (Factor IV). The Government reserves the right to award to other than the lowest offeror. Factor I - Delivery Approach. This factor shall depict in sufficient detail the offeror's capability to successfully overhaul the components specified by the schedule, in compliance with the Government's delivery requirements, ensuring airworthiness. Note: The Government requires overhaul and return of specific quantities of components and this requirement represents the Government's objective for this factor. Offerors shall submit process flow charts and supporting relevant narratives depicting the entire overhaul process from induction to delivery, including subcontracting efforts required, which meet the Government's objective and threshold requirements described below. The Government will evaluate process flow charts and make a determination of feasibility for adherence to the schedule. Process flow charts depicting a realistic approach to meet the objective may earn additional merit during evaluation process. • Objective: Two (2) Propeller Assemblies, seven (7) Valve Housings, five (5) pump housings, and six (6) Afterbodies are required at destination within sixty (60) calendar days after receipt of material; • Threshold: Seven (7) Valve Housings, five (5) Pump Housings, and six (6) Afterbodies, are required at destination within ninety (90) calendar days after receipt of material. Factor II - Experience. This factor will be evaluated for the relevancy and length of an offeror's experience in accomplishing the work required by the SOW. Relevancy will focus on the offeror's experience in overhauling components which are similar to 54H60 series propeller assemblies for other customers, military and commercial. The evaluation of experience will focus on the kind and amount of work the offeror has completed and will be verified through contact with the offeror's references. The Government will confirm the offeror's experience in similar overhaul processes, similar quantities, and the duration of experience. Factor III - Past Performance. This factor will be evaluated for a performance risk assessment and will consider the currency and quality of the offeror's past performance. Currency will only consider past performance information having occurred within the most recent 36 month period. The quality of past performance will focus on timeliness of delivery, quality issues and their resolution and overall customer satisfaction. The Government will verify/confirm the offeror's past performance in similar overhaul processes, similar quantities, and the level of customer satisfaction on those efforts. In order to adequately evaluate Factors II and III, offerors must complete the surveys provided as Attachment 5. Surveys must be complete and accurately identify three (3) references with valid contact information. The Government will contact the references identified by the offeror's surveys to confirm the submitted information. Failure to provide completed surveys or those surveys where information cannot be confirmed could result in lower ratings for Factor II and as a minimum, a neutral rating for Factor III. Factor IV - Price. Proposals shall include a firm-fixed price for each Contract Line Item Number (CLIN) specified in the schedule including prices for replacement parts, if any, evaluation fees, and the hourly labor rate. Offerors shall use the Schedule of Supplies (Attachment 3) for their priced proposal. The proposed price will be evaluated in accordance with FAR 15.404(g)(1)(2)(3) to determine fairness and reasonableness. Prices that are extremely high or low in relation to the Government's estimate may be deemed unrealistic and may indicate that the contractor has misunderstood the nature of the work. As proposals become more equal technically, price will become the deciding factor for award. The Government will award one (1) contract for the overhaul of the equipment listed in the schedule. (End of provision) FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 2013) X Alternate I of 52.212-3 (Apr 2011) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. (End of provision) FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) FAR 52.233-2 Service of Protest (Sept 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Nancy F. Deberry, USCG Aviation Logistics Center (ALC), Long Range Surveillance (LRS) Procurement Branch, 1060 Consolidated Road, Elizabeth City, NC 27909-5001.. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for ‘at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) CONTRACT CLAUSES FAR 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): https://www.acquisition.gov/far/index.html. FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sept 2013) FAR 52.204-13 System for Award Management Maintenance. (Jul 2013) FAR 52.211-15 Defense Priority and Allocation Requirements (Apr 2008) FAR 52.212-4 Contract Terms and Conditions - Commercial Items (Sep 2013) FAR 52.222-49 Service Contract Act - Place of Performance Unknown (May 1989) (a) None at this time; 10 days from date of solicitation FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.245-1 Government Property (Apr 2012) FAR 52.245-9 Use and Charges (Apr 2012) FAR 52.246-4 Inspection of Services-Fixed Price (Aug 1996) FAR 52.246-15 Certificate of Conformance (Apr 1984) FULL TEXT CLAUSES FAR 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.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). _X_ (6) 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). _X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). _X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). _X_ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). X (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). X (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). _X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it 0 is, 0 is not a small business concern under NAICS Code __________________ assigned to contract number ______________________. [Contractor to sign and date and insert authorized signer's name and title]. _X_(26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_(27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_(29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). X (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). X (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). X (48) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). (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.). _X_ (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.). (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 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (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) HSAR CLAUSES HSAR 3052.222-90 Local Hire (Jun 2006) When performing a contract in whole or in part in a State with an unemployment rate in excess of the national average determined by the Secretary of Labor, the Contractor shall employ, for the purpose of performing the portion of the contract in that State, individuals who are local residents and who, in the case of any craft or trade, possess or would be able to acquire promptly, the necessary skills. Local resident defined. As used in this section, "local resident" means a resident of, or an individual who commutes daily to, a State described in subsection (a). The Secretary of Homeland Security may waive the requirements of paragraph (a) the interest of national security or economic efficiency. (End of clause) HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: Provision: None Clauses:_X_ 3052.205-70 Advertisement, Publicizing Awards, and Releases (Sep 2012) ___ 3052.247-72 F.o.B. Destination Only (Dec 2003). (End of Clause)
 

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