M0026311T0084000111T0084 Modification by ME18e9X

VIEWS: 88 PAGES: 17

									                                                                                                                                                 1. CONTRACT ID CODE               P AGE OF P AGES
      AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT                                                                                                      J                         1       17
2. AMENDMENT/MODIFICATION NO.                                3. EFFECTIVE DATE           4. REQUISITION/P URCHASE REQ. NO.                                         5. P ROJECT NO.(If applicable)
0001                                                             25-Jul-2011
6. ISSUED BY                                    CODE         M00263                      7. ADMINISTERED BY (If other than item 6)                           CODE

  REGIONAL CONTRACTING OFFICE
  ATTN: GYSGT ROBERT SANCHEZ                                                                                  See Item 6
  PO BOX 5069 MCRD
  (843)228-3836
  PARRIS ISLAND SC 29905

8. NAME AND ADDRESS OF CONT RACT OR (No., Street, County, State and Zip Code)                                                             X 9A. AMENDMENT OF SOLICIT AT ION NO.
                                                                                                                                            M00263-11-T-0084
                                                                                                                                          X 9B. DAT ED (SEE IT EM 11)
                                                                                                                                            22-Jul-2011
                                                                                                                                              10A. MOD. OF CONT RACT /ORDER NO.

                                                                                                                                              10B. DAT ED (SEE IT EM 13)
CODE                                                               FACILIT Y CODE
                                                          11. T HIS IT EM ONLY APPLIES T O AMENDMENT S OF SOLICIT AT IONS
 X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer                   X   is extended,           is not extended.

     Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
     (a) By completing Items 8 and 15, and returning              copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
     or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE
     RECEIVED AT THE P LACE DESIGNATED FOR THE RECEIP T OF OFFERS P RIOR TO THE HOUR AND DATE SP ECIFIED MAY RESULT IN
     REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter,
     provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNT ING AND APPROPRIAT ION DAT A (If required)


                                           13. T HIS IT EM APPLIES ONLY T O MODIFICAT IONS OF CONT RACT S/ORDERS.
                                               IT MODIFIES T HE CONT RACT /ORDER NO. AS DESCRIBED IN IT EM 14.
   A. T HIS CHANGE ORDER IS ISSUED PURSUANT T O: (Specify authority) T HE CHANGES SET FORT H IN IT EM 14 ARE MADE IN T HE
      CONT RACT ORDER NO. IN IT EM 10A.

   B. T HE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED T O REFLECT T HE ADMINIST RAT IVE CHANGES (such as changes in paying
      office, appropriation date, etc.) SET FORT H IN IT EM 14, PURSUANT T O T HE AUT HORIT Y OF FAR 43.103(B).
   C. T HIS SUPPLEMENT AL AGREEMENT IS ENT ERED INT O PURSUANT T O AUT HORIT Y OF:

   D. OT HER (Specify type of modification and authority)

E. IMPORT ANT : Contractor                      is not,            is required to sign this document and return                           copies to the issuing office.

14. DESCRIPT ION OF AMENDMENT /MODIFICAT ION (Organized by UCF section headings, including solicitation/contract subject matter
    where feasible.)

 P.O.C Mimi Robinson (843)228-2151.
 The purpose of this amendment is to:
 1) correct the closing date listed on page 10 of this RFQ. The closing date and time w ill read 1 August 2011, at 12PM - same as the
  information on block 8 and page 11 of this solicitation.
 2) delete provision 52.215-5; add FAR provision 52.217-5; include FAR clauses 52.219-28, 52.219-6 and 52.219-14 in 52.212-5; FAR
  provision 52.212-2 has been edited.




Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND T IT LE OF SIGNER (T ype or print)                                              16A. NAME AND T IT LE OF CONT RACT ING OFFICER (T ype or print)

                                                                                              TEL:                                             EMAIL:

15B. CONT RACT OR/OFFEROR                                     15C. DAT E SIGNED               16B. UNIT ED ST AT ES OF AMERICA                                              16C. DAT E SIGNED
                                                                                              BY                                                                              25-Jul-2011
   (Signature of person authorized to sign)                                                          (Signature of Contracting Officer)
EXCEPT ION T O SF 30                                                                  30-105-04                                                              ST ANDARD FORM 30 (Rev. 10-83)
APPROVED BY OIRM 11-84                                                                                                                                       Prescribed by GSA
                                                                                                                                                             FAR (48 CFR) 53.243
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SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES


SECTION SF 1449 - CONTINUATION SHEET



The following have been added by reference:

52.217-5            Evaluation Of Options                    JUL 1990




The following have been modified:
     SOW
                                         STATEMENT OF WORK

I. Scope

This contract is in support of the Marine Corps Flight
Orientation Program (MCFOP), Marine Corps Order 3770.2 for the
4th and 6th Marine Corps Districts (MCD). 4th MCD is located at
New Cumberland, PA. and 6th MCD is located at Marine Corps
Recruit Depot Parris Island, SC. The aircraft will be utilized
by military pilots to fly potential Applicants and Officer
Candidates in the Northeast, Southeast and Midwest Regions of
the United States.

II. Background

A firm-fixed price contract will be issued to purchase flight
hours for military pilots to fly contractor owned and maintained
aircraft as specified in the line items of this solicitation.
The period of performance will be from 1 August 2011 through 31
December 2011. The number of hours stated in the solicitation
are good faith estimated quantities and may fluctuate upward or
downward depending on the needs of the Government. This
procurement is being conducted under the provisions of Federal
Acquisition Regulations (FAR) Part 12 Acquisition of Commercial
Items and FAR Part 13.5 Simplified Acquisition Procedures.

III. Requirements

This solicitation is being issued as a Request for Quotation
(RFQ) for the purchase of Flight Hours.
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A. Aircraft Type

The contractor shall supply a King Air STRAIGHT 90,100,200
Series, C/D/E/F OR GT 90, 100, or equivalent. If the Contractor
quotes an equivalent, the quote submission shall include a
narrative as to how the quoted aircraft is equivalent and to the
aircraft, as identified in the RFQ. The Government reserves the
unilateral right to determine the equivalency, in terms of
specifications and cost, of other aircraft proposed in response
to this solicitation or offered for substitution after contract
award.

The aircraft's utilization falls under the Federal Aviation
Administration Regulations. As such, the contractor shall be
responsible for maintaining the aircraft in an airworthy status
in accordance with Federal Aviation Administration (FAA)
Regulation. (or stricter) Standards, and all applicable
Airworthiness Directives. The contractor shall also follow all
FAA requirements for aircraft and maintenance documentation.

B.   AIRCRAFT SAFETY/MAINTENANCE

The aircraft shall comply with Federal Aviation Administration
for all safety, maintenance, and flight issues. The Government
(military pilot) will inspect the aircraft prior to each flight.
The contractor is responsible for all costs associated with
normal scheduled aircraft maintenance and maintenance as a
result of regular wear and tear of flying an aircraft. The
Contractor shall also be responsible for any/all cost resulting
from inadequate maintenance. The Government reserves the right
to tour/inspect the maintenance facility. Performance of the
scheduled maintenance shall not relieve the Contractor from
providing the aircraft within the required time frame identified
in the contract.

The contractor shall submit to the contracting officer the
aircraft’s proposed annual maintenance schedule with quote
submission. Within two (2)weeks after award or before any
flights occur – whichever comes first – a finalized schedule
shall be provided to the Government that does not deviate
greatly from the schedule provided with quote submission.
(Deliverable 0001) An acceptable deviation includes an increased
preventive maintenance frequency. An unacceptable deviation
would be a decrease in the preventive maintenance frequency.
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This requirement extends to any aircraft offered as a substitute
during the contract.

The Government agrees not to tamper with, molest, or attempt to
repair any parts of the aircraft or its accessories; but will
telephone the Contractor immediately for instructions upon
encountering mechanical malfunctions.

The Contractor is responsible for scheduling and coordinating
all repairs for the aircraft. At no time will the Government,
or individuals representing the Government, be responsible for
oversight of any repairs made to the aircraft. The Government
is solely purchasing flight hours, and will not be responsible
for coordinating maintenance, repairs, storage of the aircraft.

If, at any time, the aircraft is abandoned away from the home
base airport due to a malfunction, the Government will not be
charged for flight hours.


If the Marine Corps pilot fails to return an aircraft to the
contractor within 24 hours of the documented agreed upon return
time (to be provided to the contractor by the Marine Corps
pilot) period, the contractor may claim an equitable adjustment.
Such an equitable adjustment may not exceed an amount equal to
two (2) hours of flight time per each day or part of a day of
delay. The price per hour of flight time shall be the price
applicable to the task order period over which the delay was
made. If, at any time, the aircraft is grounded due to
maintenance or weather away from the home base airport, the
Government will not be charged for the delay.


C.   AIRCRAFT AVAILABILITY AND TIME USEAGE

The Marine Corps is not leasing this aircraft. Therefore, it is
the contractor’s responsibility to provide an aircraft ready to
fly within 72 hours of request. The contractor may keep the
aircraft at any location desired, as long as it is available at
the location requested by the Government within the required
time frame.

The aircraft shall be available to the military pilot for
execution of the contract within 72 hours of notification by the
Government. At the time of notification, the duration of the
flight will be dependent upon the number of hours being
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                                                             Page 5 of 17

purchased. Prior to the 72 hour notification, the Contracting
Officer will issue a funded delivery order against the
Requirements Contract Award, with a “not to exceed” amount of
hours. The Contractor shall not provide any airtime that is not
within the quantity of the funded delivery order EXCEPT at the
Contractor’s risk.

Note: The Government anticipates the purchase of flight hours
that will result in the aircraft remaining with the Government
overnight. The Contractor will always be informed of any intent
for the aircraft to remain with the Government overnight. The
Government has included a line item to include pricing for these
overnight events. If the aircraft remains with the vendor for
more than 8 hours in any given day, the “overnight rate” shall
be utilized for billing purposes vice the hourly airtime rate.


D. EQUIPMENT

The aircraft shall be equipped with an operable integrated
Global Navigation Satellite System, including Global Positioning
System (GPS) or Wide Area Augmentation System (WAAS), with
enroute and terminal capability. The aircraft shall be equipped
with an operable auto-pilot, air conditioning and operable anti-
ice system.

IV.   Marine Corps Flight Orientation (MCFOP) Program

All Offerors shall become familiar with the Marine Corps Flight
Orientation (MCFOP) Program, Marine Corps Order 3770.2A
(Attachment 1), in order to become familiar with the intent of
the Marine Corps, and abide by all guidelines outlined to
include:

  1. It is imperative that each pilot in receipt of purchased
  flight hours is assigned as either an Officer Selection
  Officer (OSO) or an Assistant for Aviation Officer Procurement
  (AAOP). No other personnel are authorized to allocate
  purchased flight hours under this agreement. The Contracting
  Officer, at the time of award, will identify the individuals
  under separate cover. An updated list will be provided to the
  Contractor, as needed.

  2. All flights are subject to all applicable the Federal
  Aviation Administration (FAA) regulations.
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  3. Proper documentation, (i.e. medical certificate, pilot
  certification) shall be obtained by each pilot, and kept on
  record by the Contractor.

V. GENERAL CONDITIONS

  1.The Government acknowledges and agrees that the aircraft is
    the property of the Contractor, and will not alter the
    appearance of the aircraft at anytime.

  2.The Government acknowledges the aircraft will and shall be
    inspected prior to each flight by both the Contractor and
    the individual pilot. All aspects of the Aircraft must be
    found to be in good mechanical condition and airworthy. The
    Government will report any aircraft damage, accident or
    incident, if one shall occur during flight, to the
    Contractor as soon as possible.

  3.The Government agrees to return the aircraft at a scheduled
    time, to the Contractor.

  4.At no time will the Government be responsible for the
    “hangering” of the aircraft prior to/after utilization to
    the flight time purchased – with the exception of overnight
    events. If utilizing the plane overnight, the Government
    will be responsible for the cost of “Storage” the aircraft.
    At no time will the Government take possession of the
    Aircraft. The Aircraft shall always remain the possession
    of the Contractor or the Contractor’s leasor.

  5.The price per flight hour shall include all associated
    costs, with the exception of fuel and oil. The Government
    will pay fuel and oil costs associated with the purchased
    airtime directly to the supplier(s).

  6.The aircraft shall comply with Federal Aviation
    Administration for all safety, maintenance, and flight
    issues. The contractor is responsible for all costs
    associated with normal scheduled aircraft maintenance and
    maintenance as a result of regular wear and tear of flying
    an aircraft. The contractor shall also be responsible for
    any/all costs resulting from inadequate maintenance.

  7.The contractor shall submit to the contracting officer the
    aircraft’s annual maintenance schedule within two weeks
    after award or before any flights occur, whichever is
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                                                          Page 7 of 17

     sooner.(Deliverable 0001) This requirement extends to any
     aircraft that may be offered as a substitute aircraft in
     performance of the contract.

  8.The Contractor shall provide extended storage shelter/hanger
    for the Aircraft. At no time will the Government be
    responsible for storage of the aircraft when the aircraft
    is not in use except when the Government has the aircraft
    for an overnight event.


VI. Claims and Insurance Requirements

A. GOVERNMENT

Any claim arising under or relating to this contract shall be
subject to the Contract Disputes Act of 1978, as amended (41
U.S.C. 601-603). Any other claim for loss or damage caused by
the acts or omissions of any Marine Corps personnel, employees,
or authorized passengers will be addressed in accordance with
the Federal Tort Claims Act, 28 United States Code 2671-2680.

B. CONTRACTOR

During performance of this contract, the Contractor shall at his
own expense, procure and maintain insurance from a financially
and legally responsible insurance company or companies, and
maintain such insurance at the minimum amounts as set forth
below:

The Contractor hereby certifies that it maintains liability
insurance in the amount of at least $10,000,000 per aircraft to
cover its obligations set forth herein and that the United
States is named as an additional assured with respect to said
performance with waiver of subrogation.

Liability for Bodily Injury to or Death of Aircraft
Passengers/Crew: The Contractor shall have a minimum amount   of
insurance for each person of at least $500,000 per aircraft   and
a limit for each occurrence in any one aircraft of at least   an
amount equal to the sum produced by multiplying $500,000 by   75%
of the number of aircraft seats.

Liability payment insurance purchased pursuant to the
requirements of this clause shall cover payment to the U.S.
Government pursuant to the subrogation provisions of the Medical
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Care Recovery Act (42 U.S.C 2651-3) and, within the liability
limitations of this contract, the price of U.S. Government
provided medical care to the extent that said insurance would
cover payment of the price of medical care in the absence of any
U.S. Government obligation to provide medical care.

The Contractor shall provide proof to the Contracting Officer of
compliance with these provisions (and when the insurance and
pilots are changed) within two weeks of contract award or prior
to any flights being conducted, whichever is sooner.
(Deliverable 0002) The contractor shall notify the Government
immediately upon the cancellation of the required insurance.
Cancellation of insurance shall result in termination for cause
of this contract. The contract shall not provide an aircraft
for use by the Government that does not have, at a minimum, the
identified insurance limits and types.

VII.AUTHORIZED PILOTS

As discussed in Section IV “Marine Corps Flight Orientation
(MCFOP) Program. The Contractor shall be responsible for
ensuring that the pilot being given the aircraft is on the
authorized pilot list. This requirement extends to any aircraft
offered as a substitute during the contract.

Any damage to the aircraft or property as a result of the
Contractor allowing an unauthorized pilot to fly the aircraft
shall be the sole responsibility of the Contractor.

VIII. SUBCONTRACTING
If the contractor is not the owner of the aircraft(s) being
provided under this contract but, instead, is leasing or
subleasing it, the leasor name shall be included on the
insurance policy.

IX.   Deliverables
Deliverable Reference     Title          Due               Distribute To             Format
     #       Section                Calendar Days
                        Annual
 Del. 0001    III. B.   Maint.        14 Days ARO        Contracting Officer       1 electronic
                                    Annually 14 day's
                        Schedule          from            Representative           1 hard copy
                                   the start of option                         standard contracting
                                        periods.                                     Format

 Del. 0002    V. B.     Proof of     14 Days ARO         Contracting Officer   Standard insurance
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                                Annually 14 day's
                  insurance            from              Representative        industry format
                              the start of the option   Contracting Officer
                                     periods.



X. Evaluation of Offers

The basis for award is best value, with the following best value
evaluation criteria:
       a. Technical
            i. Type of aircraft(s) quoted;
           ii. Preventive maintenance schedule;
          iii.

       b. Relevant Past Performance
          Note: “relevant” is defined as being within the
          scope, in relation to the size and depth and
          requirements, to this requirement.
          (3 REFERENCES REQUIRED)

       c. Price

When combined, technical and relevant past performance are more
important than cost.

VIII. Submission of Offers

All quotes shall be received by the Government NLT 1200 pm EST,
August 01, 2011. All quotes shall be submitted via email TO:
robert.sanchez@usmc.mil; USPS to: RCO PI, ATTN: GySgt R.
Sanchez, P.O. 5069, Parris Island, SC, 29905; courier to: RCO
PI, ATTN: GySgt R. Sanchez, Bldg 159, Parris Island, SC, 29905.

Submission information/documents shall include:

  1. Aircraft type(s) being quoted;
  2. Pictures of the interior and exterior of the aircraft(s)
     being quoted;
  3. Proposed preventive maintenance schedule;
  4. Propose malfunction repair process;
  5. Lease/sublease information (if applicable);
  6. Three (3) relevant past performance references;
  7. Pricing, to include hourly and overnight rates;
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    8. Completed Representations and Certifications (both FAR and
       DFARS).

The Government intends to make one single award but reserves the
right to make multiple awards. The Government reserves the right
to make an award based on initial quotes received, without
discussions. Additionally, the apparent successful awardee(s)
SHALL be registered in the Central Contractor Registration (CCR)
and Wide Area Workflow (WAWF). Failure to be registered (and
current) in both will make Offerors ineligible to either receive
award.




52.212-2      EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The basis for award is Best Value, with the following best value evaluation factors:

           Technical
           Past Performance (3 REFERENCES ARE REQUIRED)
           Price

           Technical and Price, when combined, are equal to Past Performance..

           **The Government reserves the right to reject a price that is unreasonably high or a price that is so low that
           it indicates the offeror does not understand the requirement.**

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

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

(End of provision)


52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2011)

(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)).
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(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 (SEP 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 (JUN
2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)

   ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (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).

 _XX_ (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). (Applies to contracts over $30,000).
(Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

  ___ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of
Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745
of Division D of Public Law 110-161).



  ___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C.
657a).

  ___ (9) 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).

  ___ (10) [Reserved].

  _XX_ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

  ___ (ii) Alternate I (OCT 1995) of 52.219-6.
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  ___ (iii) Alternate II (MAR 2004) of 52.219-6.

  ___ (12)(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.

  ___ (13) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).

  ___ (14)(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.

  _X_ (15) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

  ___ (16) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

  ___ (17)(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.

  ___ (18) 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).

  ___ (19) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)
(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

  ___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)
(U.S.C. 657 f).

  _X__ (21) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.
632(a)(2)).

  ___ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business
(EDWOSB) Concerns (APR 2011).
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  ___ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible
Under the WOSB Program (APR 2011).

  _XX_ (24) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

  _XX_ (25) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O.
13126).

  _XX_ (26) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

  _XX_ (27) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

  _XX_ (28) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).



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

____ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).


____ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).


___ (32) 52.222-54, Employment Eligibility Verification (JAN 2009). (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.)

 ___ (33) (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.)

  ___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)

  ___ (35)(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. .

  ___ (36) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).
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                                                                                                  Page 14 of 17




  ___ (37) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

  ___ (38)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-
10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302,
109-53, 109-169, 109-283, and 110-138).

  ___ (ii) Alternate I (JAN 2004) of 52.225-3.

  ___ (iii) Alternate II (JAN 2004) of 52.225-3.

  ___ (39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

  ___ (40) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes
administered by the Office of Foreign Assets Control of the Department of the Treasury).

  ___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

  ___ (43) 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))

  ___ (44) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).

  _XX_ (45) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31
U.S.C. 3332).

  ___ (46) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY
1999) (31 U.S.C. 3332)

  ___ (47) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

  ___ (48) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

  ___ (49)(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.
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                                                                                                       Page 15 of 17


  ____

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

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

  ____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.
351, et seq.).

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

  ____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C.
206 and 41 U.S.C. 351, et seq.)

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

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

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



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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and
does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other
evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any
shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If
this contract is completely or partially terminated, the records relating to the work terminated shall be made
available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes
clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available
until such appeals, litigation, or claims are finally resolved.
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                                                                                                      Page 16 of 17

(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 (JAN 2009).

(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.

(End of clause)
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                                                         Page 17 of 17




The following have been deleted:

52.215-5            Facsimile Proposals   OCT 1997


(End of Summary of Changes)

								
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