REMOVAL AND REPLACEMENT OF NON SKID

This solicitation is for the removal and replacement of 2000 square feet of non-skid onboard the focsle of CGC CYRPRESS. Solicitation Due Date This solicitation is due in the ISC NOLA procurement shop 3:30 PM on 27 April 2009. If the prospective contractor chooses to fax their quote, the fax number is (504) 253-6455. It is the prospective contractor’s responsibility to verify the receipt of the fax. ATTN: SK1 MARSHALL FOXWORTH OR SK2 REJEANNE SMITH US COAST GUARD COMPTROLLER DIVISION ISC NEW ORLEANS 1790 SATURN BLVD NEW ORLEANS, LA. 70129-2218 Government Furnished Equipment: 1. None References: 1. All work shall be safely performed in accordance with all Federal, State and local requirements. Administrative information 1. The contractor should take note to the Federal Acquisition Regulations Clause 52.232-33. If contractor is to be paid with a government purchase order, the method of payment from the government to the prospective contractor shall be in electronic transfer form. The contractor must be registered in the Central Contractor Registration (CCR) database. This registration can be accomplished at the following web site: http://www.ccr.gov/ 2. Except as previously noted, all work performed under this contract will be performed onboard USCGC CYPRESS, 1500 15TH Street. Mobile, AL 36615 3. Department of Labor Wage Determinations pursuant to the Service- Contract Act, which sets statutory minimum wages for contractor employees are incorporated into this solicitation/contract. These determinations are included in this contract on pages 4 thru 13. Insurance 1. The contractor shall provide proof of insurance for the following: (1) Public Liability (2) Contractor’s Liability (3) Property Damage (4) Workmen’s Compensation (if employing others) (5) Automobile Liability Award Criteria 1. This contract for work will be awarded based on two combined factors, best value to the federal government and overall price quotation to complete the required work.. The best value criteria shall be based on: (1) Past work performance on comparable jobs of this size. (contractor should provide references) (2) Proof of by local city, county or state licensing board(s). (3) Better Business Bureau rating (if available) Contact Information On Site The Contracting Officer’s Technical Representative (COTR) for this project is BMC Terry Barton. He can be contacted at (251)441-6277 or by email at [email protected]. Scope Of Work: Preserve Weather Decks On Foc’sle 1. SCOPE 1.1 Scope. This work item describes the requirements for the Contractor to prepare and coat weather deck surfaces listed in the table below: Location Level Area ft2 Foc’sle 01 2000 2. APPLICABLE DOCUMENTS Coast Guard Maintenance and Logistics Command Atlantic (MLCA), Standard Specification 0000_STD, 2006 Edition, General Requirements Coast Guard Commandant Instruction (COMDTINST) M10360.3 Coatings and Color Manual Coast Guard Technical Publication TP-3581B, Ship’s Information Book (SIB) - Systems Manual ("B" CLASS ONLY), Section A, March 2007 3. REQUIREMENTS 3.1 General. 3.1.1 Protective measures. The Contractor shall protect non-affected vessel’s equipment, components, and spaces during surface preparation and coating application procedures, as specified in paragraph 3.11.4(Protective measures) in Std Spec 0000_STD. 3.1.2 Interferences. The Contractor shall be aware that interferences in way of work include, but are not limited to the following: • Ammunition locker. • Goosnecks. • Liferings. • Cofferdams • Anchor chain, Anchor windlass’s, Crane Pedistal • Bitts, chocks, hatches 3.2 Preservation particulars. The Contractor shall preserve the designated surfaces Steel: SSPC-SP 10/NACE NO. 2 using grit conforming to MIL-A-22262 /(1.5-3.5) - or -SSPC-SP 12/NACE NO. 5, WJ-2/L. Use systems specified for Weather Deck Non-Skid, MIL-SPEC Coating for Steel or Aluminum, 1) MIL-PRF-24667 Type I, II, III, or IV Comp. G Primer 1a) MIL-PRF-24667 Type III Intermediate Membrane (Only for Type III) 2) MIL-PRF-24667 Type I, II, III, or IV Comp. G Non-skid, in COMMANDANT INSTRUCTION M10360.3C Do not apply non-skid aggregate over vertical surfaces, and the following areas: 3.2.1 Within two inches of deck fittings, hatches, welds, and protrusions. 3.2.2 Within six inches of deck coaming, bulkheads, and deck edges. 3.2.3 Within six inches of all deck edges and bulkheads. 3.2.4 Pump foundations. 3.2.5 Within two inches of deck foundations (two inches measured from outermost portion of foundation, for example, foundation brackets on anchor windlass). 3.2.6 Over deck fittings. 3.2.7 Over waterways. 3.2.8 Over welds. 3.3 Substrate inspection. After completion surface preparation and before coating application, the Contractor shall perform a visual inspection of the prepared substrate. 4. QUALITY ASSURANCE 4.1 In-process quality control measures. The Contractor shall abide by all the safety, preservation, and quality control requirements specified in Std Spec 0000_STD, paragraph titled “General preservation requirements. NOTICE! Surfaces being preserved are considered “critical-coated surfaces”. 5. NOTES This section is not applicable to this work item. Wage Determination: 2005-2009, 9 REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT By direction of the Secretary of Labor Shirley F. Ebbesen DirectorDivision of Wage Determinations U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON, D.C. 20210 Wage Determination No.:2005-2009 Revision No.:9 Date of Last Revision:09/11/2008 State: Alabama Area: Alabama Counties of Baldwin, Choctaw, Clarke, Conecuh, Covington, Escambia, Mobile, Monroe, Washington **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE MINIMUM WAGE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 11 .89 01012 - Accounting Clerk II 14 .58 01013 - Accounting Clerk III 16 .33 01020 - Administrative Assistant 20 .41 01040 - Court Reporter 16 .33 01051 - Data Entry Operator I 9 .58 01052 - Data Entry Operator II 11 .89 01060 - Dispatcher, Motor Vehicle 16 .33 01070 - Document Preparation Clerk 11 .89 01090 - Duplicating Machine Operator 11 .89 01111 - General Clerk I 11 .21 01112 - General Clerk II 12 .29 01113 - General Clerk III 13 .79 01120 - Housing Referral Assistant 18 .44 01141 - Messenger Courier 9 .26 01191 - Order Clerk I 11 .84 01192 - Order Clerk II 12 .92 01261 - Personnel Assistant (Employment) I 17 .24 01262 - Personnel Assistant (Employment) II 20 .67 01263 - Personnel Assistant (Employment) III 24 .58 01270 - Production Control Clerk 18 .39 01280 - Receptionist 9 .23 01290 - Rental Clerk 13 .40 01300 - Scheduler, Maintenance 14 .73 01311 - Secretary I 14 .73 01312 - Secretary II 16 .55 01313 - Secretary III 18 .44 01320 - Service Order Dispatcher 14 .81 01410 - Supply Technician 20 .41 01420 - Survey Worker 14 .51 01531 - Travel Clerk I 10 .96 01532 - Travel Clerk II 11 .64 01533 - Travel Clerk III 12 .21 01611 - Word Processor I 12 .19 01612 - Word Processor II 13 .68 01613 - Word Processor III 15 .30 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 17 .37 05010 - Automotive Electrician 16 .05 05040 - Automotive Glass Installer 14 .40 05070 - Automotive Worker 14 .40 05110 - Mobile Equipment Servicer 12 .57 05130 - Motor Equipment Metal Mechanic 16 .05 05160 - Motor Equipment Metal Worker 14 .40 05190 - Motor Vehicle Mechanic 16 .05 05220 - Motor Vehicle Mechanic Helper 11 .94 05250 - Motor Vehicle Upholstery Worker 14 .40 05280 - Motor Vehicle Wrecker 14 .40 05310 - Painter, Automotive 15 .98 05340 - Radiator Repair Specialist 15 .43 05370 - Tire Repairer 11 .30 05400 - Transmission Repair Specialist 16 .05 07000 - Food Preparation And Service Occupations 07010 - Baker 10 .92 07041 - Cook I 9 .19 07042 - Cook II 10 .40 07070 - Dishwasher 6 .98 07130 - Food Service Worker 8 .06 07210 - Meat Cutter 11 .01 07260 - Waiter/Waitress 6 .55 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 14 .36 09040 - Furniture Handler 11 .23 09080 - Furniture Refinisher 14 .50 09090 - Furniture Refinisher Helper 11 .23 09110 - Furniture Repairer, Minor 12 .79 09130 - Upholsterer 15 .20 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 8 .30 11060 - Elevator Operator 8 .45 11090 - Gardener 11 .26 11122 - Housekeeping Aide 8 .45 11150 - Janitor 9 .27 11210 - Laborer, Grounds Maintenance 9 .87 11240 - Maid or Houseman 7 .79 11260 - Pruner 12 .90 11270 - Tractor Operator 11 .07 11330 - Trail Maintenance Worker 9 .87 11360 - Window Cleaner 9 .20 12000 - Health Occupations 12010 - Ambulance Driver 13 .75 12011 - Breath Alcohol Technician 14 .56 12012 - Certified Occupational Therapist Assistant 19 .48 12015 - Certified Physical Therapist Assistant 18 .66 12020 - Dental Assistant 12 .47 12025 - Dental Hygienist 27 .40 12030 - EKG Technician 17 .07 12035 - Electroneurodiagnostic Technologist 17 .07 12040 - Emergency Medical Technician 13 .75 12071 - Licensed Practical Nurse I 13 .02 12072 - Licensed Practical Nurse II 14 .56 12073 - Licensed Practical Nurse III 16 .25 12100 - Medical Assistant 11 .57 12130 - Medical Laboratory Technician 14 .14 12160 - Medical Record Clerk 12 .87 12190 - Medical Record Technician 13 .54 12195 - Medical Transcriptionist 12 .87 12210 - Nuclear Medicine Technologist 27 .40 12221 - Nursing Assistant I 8 .89 12222 - Nursing Assistant II 9 .99 12223 - Nursing Assistant III 10 .90 12224 - Nursing Assistant IV 12 .23 12235 - Optical Dispenser 14 .56 12236 - Optical Technician 13 .02 12250 - Pharmacy Technician 12 .19 12280 - Phlebotomist 12 .23 12305 - Radiologic Technologist 19 .92 12311 - Registered Nurse I 19 .56 12312 - Registered Nurse II 23 .94 12313 - Registered Nurse II, Specialist 23 .94 12314 - Registered Nurse III 28 .94 12315 - Registered Nurse III, Anesthetist 28 .94 12316 - Registered Nurse IV 34 .71 12317 - Scheduler (Drug and Alcohol Testing) 19 .56 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 18 .98 13012 - Exhibits Specialist II 23 .51 13013 - Exhibits Specialist III 28 .72 13041 - Illustrator I 20 .65 13042 - Illustrator II 24 .45 13043 - Illustrator III 22 .90 13047 - Librarian 23 .95 13050 - Library Aide/Clerk 9 .10 13054 - Library Information Technology Systems Administrator 21 .86 13058 - Library Technician 13 .15 13061 - Media Specialist I 14 .50 13062 - Media Specialist II 16 .21 13063 - Media Specialist III 18 .08 13071 - Photographer I 14 .60 13072 - Photographer II 16 .34 13073 - Photographer III 20 .23 13074 - Photographer IV 24 .75 13075 - Photographer V 29 .94 13110 - Video Teleconference Technician 11 .44 14000 - Information Technology Occupations 14041 - Computer Operator I 13 .89 14042 - Computer Operator II 15 .53 14043 - Computer Operator III 18 .01 14044 - Computer Operator IV 19 .24 14045 - Computer Operator V 22 .18 14071 - Computer Programmer I (1,2) 16 .56 14072 - Computer Programmer II (2) 20 .50 14073 - Computer Programmer III (2) 25 .59 14074 - Computer Programmer IV (2) 14101 - Computer Systems Analyst I (2) 23 .05 14102 - Computer Systems Analyst II (2) 14103 - Computer Systems Analyst III (2) 14150 - Peripheral Equipment Operator 13 .89 14160 - Personal Computer Support Technician 19 .24 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 23 .05 15020 - Aircrew Training Devices Instructor (Rated) 27 .62 15030 - Air Crew Training Devices Instructor (Pilot) 31 .90 15050 - Computer Based Training Specialist / Instructor 23 .05 15060 - Educational Technologist 20 .85 15070 - Flight Instructor (Pilot) 31 .90 15080 - Graphic Artist 20 .90 15090 - Technical Instructor 16 .21 15095 - Technical Instructor/Course Developer 19 .83 15110 - Test Proctor 14 .57 15120 - Tutor 14 .57 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 8 .76 16030 - Counter Attendant 8 .76 16040 - Dry Cleaner 10 .13 16070 - Finisher, Flatwork, Machine 8 .76 16090 - Presser, Hand 8 .76 16110 - Presser, Machine, Drycleaning 8 .76 16130 - Presser, Machine, Shirts 8 .76 16160 - Presser, Machine, Wearing Apparel, Laundry 8 .76 16190 - Sewing Machine Operator 10 .75 16220 - Tailor 11 .33 16250 - Washer, Machine 9 .14 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 16 .91 19040 - Tool And Die Maker 20 .35 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 14 .30 21030 - Material Coordinator 18 .04 21040 - Material Expediter 18 .04 21050 - Material Handling Laborer 9 .81 21071 - Order Filler 10 .71 21080 - Production Line Worker (Food Processing) 14 .25 21110 - Shipping Packer 11 .63 21130 - Shipping/Receiving Clerk 11 .63 21140 - Store Worker I 10 .40 21150 - Stock Clerk 15 .03 21210 - Tools And Parts Attendant 14 .25 21410 - Warehouse Specialist 14 .25 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 18 .49 23021 - Aircraft Mechanic I 17 .59 23022 - Aircraft Mechanic II 18 .49 23023 - Aircraft Mechanic III 19 .42 23040 - Aircraft Mechanic Helper 12 .37 23050 - Aircraft, Painter 16 .07 23060 - Aircraft Servicer 14 .68 23080 - Aircraft Worker 15 .75 23110 - Appliance Mechanic 16 .39 23120 - Bicycle Repairer 11 .30 23125 - Cable Splicer 21 .79 23130 - Carpenter, Maintenance 15 .37 23140 - Carpet Layer 15 .50 23160 - Electrician, Maintenance 18 .40 23181 - Electronics Technician Maintenance I 19 .06 23182 - Electronics Technician Maintenance II 21 .81 23183 - Electronics Technician Maintenance III 23 .09 23260 - Fabric Worker 14 .34 23290 - Fire Alarm System Mechanic 18 .39 23310 - Fire Extinguisher Repairer 13 .21 23311 - Fuel Distribution System Mechanic 20 .96 23312 - Fuel Distribution System Operator 16 .14 23370 - General Maintenance Worker 16 .25 23380 - Ground Support Equipment Mechanic 17 .59 23381 - Ground Support Equipment Servicer 15 .06 23382 - Ground Support Equipment Worker 16 .15 23391 - Gunsmith I 13 .21 23392 - Gunsmith II 15 .50 23393 - Gunsmith III 17 .59 23410 - Heating, Ventilation And Air-Conditioning Mechanic 15 .97 23411 - Heating, Ventilation And Air Contditioning Mechanic (Research Facility) 16 .86 23430 - Heavy Equipment Mechanic 16 .40 23440 - Heavy Equipment Operator 15 .10 23460 - Instrument Mechanic 17 .18 23465 - Laboratory/Shelter Mechanic 16 .60 23470 - Laborer 10 .20 23510 - Locksmith 15 .37 23530 - Machinery Maintenance Mechanic 20 .10 23550 - Machinist, Maintenance 17 .06 23580 - Maintenance Trades Helper 11 .29 23591 - Metrology Technician I 17 .18 23592 - Metrology Technician II 18 .04 23593 - Metrology Technician III 18 .94 23640 - Millwright 19 .21 23710 - Office Appliance Repairer 15 .51 23760 - Painter, Maintenance 16 .70 23790 - Pipefitter, Maintenance 20 .32 23810 - Plumber, Maintenance 17 .14 23820 - Pneudraulic Systems Mechanic 17 .59 23850 - Rigger 17 .59 23870 - Scale Mechanic 15 .50 23890 - Sheet-Metal Worker, Maintenance 15 .61 23910 - Small Engine Mechanic 15 .50 23931 - Telecommunications Mechanic I 24 .22 23932 - Telecommunications Mechanic II 25 .47 23950 - Telephone Lineman 18 .92 23960 - Welder, Combination, Maintenance 16 .69 23965 - Well Driller 17 .59 23970 - Woodcraft Worker 15 .59 23980 - Woodworker 12 .67 24000 - Personal Needs Occupations 24570 - Child Care Attendant 8 .82 24580 - Child Care Center Clerk 11 .33 24610 - Chore Aide 7 .45 24620 - Family Readiness And Support Services Coordinator 12 .04 24630 - Homemaker 12 .22 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 20 .21 25040 - Sewage Plant Operator 15 .82 25070 - Stationary Engineer 20 .21 25190 - Ventilation Equipment Tender 12 .08 25210 - Water Treatment Plant Operator 15 .60 27000 - Protective Service Occupations 27004 - Alarm Monitor 11 .80 27007 - Baggage Inspector 10 .26 27008 - Corrections Officer 14 .52 27010 - Court Security Officer 14 .52 27030 - Detection Dog Handler 12 .39 27040 - Detention Officer 14 .52 27070 - Firefighter 13 .04 27101 - Guard I 10 .26 27102 - Guard II 12 .39 27131 - Police Officer I 16 .71 27132 - Police Officer II 18 .56 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 9 .78 28042 - Carnival Equipment Repairer 10 .46 28043 - Carnival Equpment Worker 7 .69 28210 - Gate Attendant/Gate Tender 12 .73 28310 - Lifeguard 10 .82 28350 - Park Attendant (Aide) 14 .24 28510 - Recreation Aide/Health Facility Attendant 9 .91 28515 - Recreation Specialist 11 .11 28630 - Sports Official 11 .34 28690 - Swimming Pool Operator 15 .43 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 18 .99 29020 - Hatch Tender 18 .99 29030 - Line Handler 18 .99 29041 - Stevedore I 17 .68 29042 - Stevedore II 20 .35 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (3) 33 .96 30011 - Air Traffic Control Specialist, Station (HFO) (3) 23 .42 30012 - Air Traffic Control Specialist, Terminal (HFO) (3) 25 .79 30021 - Archeological Technician I 15 .22 30022 - Archeological Technician II 17 .03 30023 - Archeological Technician III 21 .16 30030 - Cartographic Technician 21 .13 30040 - Civil Engineering Technician 20 .17 30061 - Drafter/CAD Operator I 15 .01 30062 - Drafter/CAD Operator II 16 .79 30063 - Drafter/CAD Operator III 18 .72 30064 - Drafter/CAD Operator IV 22 .36 30081 - Engineering Technician I 14 .68 30082 - Engineering Technician II 16 .82 30083 - Engineering Technician III 18 .83 30084 - Engineering Technician IV 23 .33 30085 - Engineering Technician V 28 .53 30086 - Engineering Technician VI 34 .53 30090 - Environmental Technician 21 .31 30210 - Laboratory Technician 23 .09 30240 - Mathematical Technician 22 .56 30361 - Paralegal/Legal Assistant I 16 .47 30362 - Paralegal/Legal Assistant II 20 .27 30363 - Paralegal/Legal Assistant III 25 .00 30364 - Paralegal/Legal Assistant IV 30 .22 30390 - Photo-Optics Technician 21 .13 30461 - Technical Writer I 20 .17 30462 - Technical Writer II 24 .69 30463 - Technical Writer III 28 .77 30491 - Unexploded Ordnance (UXO) Technician I 21 .58 30492 - Unexploded Ordnance (UXO) Technician II 26 .11 30493 - Unexploded Ordnance (UXO) Technician III 31 .30 30494 - Unexploded (UXO) Safety Escort 21 .58 30495 - Unexploded (UXO) Sweep Personnel 21 .58 30620 - Weather Observer, Combined Upper Air Or Surface Programs (3) 18 .72 30621 - Weather Observer, Senior (3) 20 .17 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 8 .09 31030 - Bus Driver 12 .47 31043 - Driver Courier 12 .12 31260 - Parking and Lot Attendant 7 .66 31290 - Shuttle Bus Driver 13 .26 31310 - Taxi Driver 8 .96 31361 - Truckdriver, Light 13 .26 31362 - Truckdriver, Medium 15 .27 31363 - Truckdriver, Heavy 16 .70 31364 - Truckdriver, Tractor-Trailer 16 .70 99000 - Miscellaneous Occupations 99030 - Cashier 8 .57 99050 - Desk Clerk 8 .02 99095 - Embalmer 20 .95 99251 - Laboratory Animal Caretaker I 9 .63 99252 - Laboratory Animal Caretaker II 11 .91 99310 - Mortician 20 .95 99410 - Pest Controller 13 .41 99510 - Photofinishing Worker 10 .72 99710 - Recycling Laborer 11 .33 99711 - Recycling Specialist 13 .93 99730 - Refuse Collector 10 .20 99810 - Sales Clerk 12 .37 99820 - School Crossing Guard 11 .12 99830 - Survey Party Chief 17 .09 99831 - Surveying Aide 11 .11 99832 - Surveying Technician 15 .22 99840 - Vending Machine Attendant 14 .28 99841 - Vending Machine Repairer 15 .43 99842 - Vending Machine Repairer Helper 14 .28 ____________________________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.24 per hour or $129.60 per week or $561.60 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 11 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING BENEFITS (as numbered): 1) Does not apply to employees employed in a bona fide executive, administrative, or professional capacity as defined and delineated in 29 CFR 541. (See CFR 4.156) 2) Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). (3) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. Far Clauses 52.202-1 Definitions. As prescribed in 2.201, insert the following clause: DEFINITIONS (JULY 2004) (a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless— (1) The solicitation, or amended solicitation, provides a different definition; (2) The contracting parties agree to a different definition; (3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures. (b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix. 52.203-5 Covenant Against Contingent Fees. As prescribed in 3.404, insert the following clause: COVENANT AGAINST CONTINGENT FEES (APR 1984) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. (b) “Bona fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. “Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. “Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. “Improper influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 52.203-6 Restrictions on Subcontractor Sales to the Government. As prescribed in 3.503-2, insert the following clause: RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006) (a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract. (b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. (c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold. 52.203-7 Anti-Kickback Procedures. As prescribed in 3.502-3, insert the following clause: ANTI-KICKBACK PROCEDURES (JUL 1995) (a) Definitions. “Kickback,” as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. “Person,” as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. “Prime contract,” as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. “Prime Contractor” as used in this clause, means a person who has entered into a prime contract with the United States. “Prime Contractor employee,” as used in this clause, means any officer, partner, employee, or agent of a prime Contractor. “Subcontract,” as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. “Subcontractor,” as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. “Subcontractor employee,” as used in this clause, means any officer, partner, employee, or agent of a subcontractor. (b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from— (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause. (4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including paragraph (c)(5) but excepting paragraph (c)(1), in all subcontracts under this contract which exceed $100,000. 52.216-24 Limitation of Government Liability. As prescribed in 16.603-4(b)(2), insert the following clause in solicitations and contracts when a letter contract is contemplated: LIMITATION OF GOVERNMENT LIABILITY (APR 1984) (a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding $2793.00 dollars. (b) The maximum amount for which the Government shall be liable if this contract is terminated is ___$2793.00__ dollars. 52.216-25 Contract Definitization. As prescribed in 16.603-4(b)(3), insert the following clause: CONTRACT DEFINITIZATION (OCT 1997) (a) A Fixed Price Service Contract definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a Fixed Price proposal and cost or pricing data supporting its proposal. (b) The schedule for definitizing this contract is [insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and cost or pricing data]: ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ (c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause. (1) After the Contracting Officer’s determination of price or fee, the contract shall be governed by— (i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c); (ii) All clauses required by law as of the date of the Contracting Officer’s determination; and (iii) Any other clauses, terms, and conditions mutually agreed upon. (2) To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract. 52.223-13 Certification of Toxic Chemical Release Reporting. As prescribed in 23.906(a), insert the following provision: CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003) (a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award. (b) By signing this offer, the offeror certifies that— (1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or (2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.] [ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65; [ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); [ ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); [ ] (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors: (A) Major group code 10 (except 1011, 1081, and 1094. (B) Major group code 12 (except 1241). (C) Major group codes 20 through 39. (D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce). (E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or [ ] (v) The facility is not located in the United States or its outlying areas.. 52.223-14 Toxic Chemical Release Reporting. As prescribed in 23.906(b), insert the following clause: TOXIC CHEMICAL RELEASE REPORTING (AUG 2003) (a) Unless otherwise exempt, the Contractor, as owner or operator of a facility used in the performance of this contract, shall file by July 1 for the prior calendar year an annual Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023(a) and (g)), and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106). The Contractor shall file, for each facility subject to the Form R filing and reporting requirements, the annual Form R throughout the life of the contract. (b) A Contractor-owned or -operated facility used in the performance of this contract is exempt from the requirement to file an annual Form R if— (1) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65; (2) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); (3) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); (4) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors: (i) Major group code 10 (except 1011, 1081, and 1094. (ii) Major group code 12 (except 1241). (iii) Major group codes 20 through 39. (iv) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce). (v) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.)), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or (5) The facility is not located in the United States or its outlying areas. (c) If the Contractor has certified to an exemption in accordance with one or more of the criteria in paragraph (b) of this clause, and after award of the contract circumstances change so that any of its owned or operated facilities used in the performance of this contract is no longer exempt— (1) The Contractor shall notify the Contracting Officer; and (2) The Contractor, as owner or operator of a facility used in the performance of this contract that is no longer exempt, shall— (i) Submit a Toxic Chemical Release Inventory Form (Form R) on or before July 1 for the prior calendar year during which the facility becomes eligible; and (ii) Continue to file the annual Form R for the life of the contract for such facility. (d) The Contracting Officer may terminate this contract or take other action as appropriate, if the Contractor fails to comply accurately and fully with the EPCRA and PPA toxic chemical release filing and reporting requirements. (e) Except for acquisitions of commercial items as defined in FAR Part 2, the Contractor shall— (1) For competitive subcontracts expected to exceed $100,000 (including all options), include a solicitation provision substantially the same as the provision at FAR 52.223-13, Certification of Toxic Chemical Release Reporting; and (2) Include in any resultant subcontract exceeding $100,000 (including all options), the substance of this clause, except this paragraph (e). 52.225-13 Restrictions on Certain Foreign Purchases. As prescribed in 25.1103(a), insert the following clause: RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) (a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC’s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC’s regulations at 31 CFR Chapter V and/or on OFAC’s website at http://www.treas.gov/offices/enforcement/ofac. (c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts. 52.233-2 Service of Protest. As prescribed in 33.106, insert the following provision: SERVICE OF PROTEST (SEPT 2006) (a) Protests, as defined in section 31.101 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, USCG Sector Mobile, 1500 15th St, Mobile, AL 36615 by obtaining written and dated acknowledgment of receipt from CWO Jimmy Cruz (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 52.233-3 Protest after Award. As prescribed in 33.106(b), insert the following clause: PROTEST AFTER AWARD (AUG 1996) (a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stop-page. Upon receipt of the final decision in the protest, the Contracting Officer shall either— (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if— (1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (e) The Government’s rights to terminate this contract at any time are not affected by action taken under this clause. (f) If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. 52.233-4 Applicable Law for Breach of Contract Claim. As prescribed in 33.215(b), insert the following clause: APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) United States law will apply to resolve any claim of breach of this contract. 52.244-6 Subcontracts for Commercial Items. As prescribed in 44.403, insert the following clause: SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2009) (a) Definitions. As used in this clause— “Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions. “Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract. (c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items: (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212(a)); (v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39). (vii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (viii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 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 flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.