Dorm Curtains and Dorm Horizontal Venetian Blinds

Combined Synopsis/Solicitation REQUEST FOR QUOTATION (RFQ) - Dorm Curtains and Dorm Horizontal Venetian Blinds; RAF Mildenhall & RAF Lakenheath United Kingdom Requesting Agencies: 100th Civil Engineering Squadron (CES), RAF Mildenhall, Brandon, Suffolk, IP28 8NG, United Kingdom 48th Civil Engineering Squadron (CES), RAF Lakenheath, Brandon, Suffolk, IP27 9PN, United Kingdom Purchasing Agency: 48th Contracting Squadron - 48 CONS/LGCB RAF Lakenheath, Brandon, Suffolk, IP27 9PN, United Kingdom This is a combined synopsis/solicitation for commercial items with incidental service (installation) prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Due to the overseas location of this solicitation, no Small Business set-asides will be used. The NAICS code for this requirement is 314121, Curtain and Drapery Mills, and 238390, Drapery fixture (e.g. hardware, rods, tracks) installation. This solicitation is issued as a request for quotation IAW FAR Part 12 and 13 including the test procedures IAW FAR subpart 13.5. Submit written quotes in reference to Requests for Quote (RFQ) reference number: F3B3E19196A001. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-34 and 35, effective 15 July 2009. BID SCHEDULE: Potential Offerors are to provide a quote for the following supplies, which includes installation as follows: Contractor shall provide all labor, tools, parts, materials, facilities, and transportation necessary to perform the services indicated below or any attachments hereto. Contractor shall remove and dispose of all existing curtains, fittings, and fixtures from RAF Mildenhall and RAF Lakenheath. The successful offeror shall fill all unused or miss-drilled holes encountered during installation. Prices shall be all inclusive (i.e. all material, transportation, labor, etc.) Prices shall be quoted in GBP (£) and quotes shall be valid for a minimum of 60 DAY Quotations shall include a unit and total price for the following bid schedule: CLIN 0001 -RAF Mildenhall Dorm Curtains ITEM 0001AA - Dorm 107 - Single blackout lined curtains with S/S eyelets in Royal Blue, fabric to comply with BS 5867 part 2 and will machine wash at 40 degrees. Each curtain to measure 104"x52". Quantity - 150 EA - Unit Price: £________ Total Price: £________ NOTE: STAINLESS STEEL EYELETS ARE 60mm OUTSIDE AND 40mm INSIDE ITEM 0001AB - DORM 107 - 20mm stainless steel curtain pole with ball finish. each pole 55" wide. Quantity - 150 EA - Unit Price: £________ Total Price: £________ ITEM 0001AC - Dorm 108 - pair blackout lined curtains with S/S eyelets in Accolade Royal Blue, fabric to comply with BS 5867 part 2 machine washable at 40 degrees. 143 X 144cm. Quantity - 94 PR - Unit Price: £________ Total Price: £________ NOTE: STAINLESS STEEL EYELETS ARE 60mm OUTSIDE AND 40mm INSIDE ITEM 0001AD - Dorm 108 - 20mm stainless steel curtain pole with ball finish, each pole 55" wide. Quantity - 94 EA - Unit Price: £________ Total Price: £________ ITEM 0001AE - Dorm 111 - Single blackout lined curtain with S/S eyelets in Accolade Royal Blue, fabric to comply with BS 5867 part 2 machine washable at 40 degrees each curtain measures 104"x52". Quantity - 128 EA - Unit Price: £________ Total Price: £________ NOTE: STAINLESS STEEL EYELETS ARE 60mm OUTSIDE AND 40mm INSIDE ITEM 0001AF - DORM 111 - 20mm stainless steel curtain pole with ball finish, each pole 55" wide. Quantity - 128 EA - Unit Price: £________ Total Price: £________ ITEM 0001AG - Install all new curtains, poles and remove from installation any existing curtains & fixtures. Quantity one lump sum Unit Price: £________ Total Price: £________ NOTE: STAINLESS STEEL EYELETS ARE 60mm OUTSIDE AND 40mm INSIDE TOTAL PRICE CLIN 0001: £________ CLIN 0002 -RAF Lakenheath Dorm Curtains ITEM 0002AA - DORM 946 - 1 WIDTH PAIRS BLACK OUT LINED CURTAINS - METAL UNCORDED TRACKS. 132 X 170CM SUPPLY & INSTALL WOVEN SAGE COLOUR FABRIC. Quantity - 168 EA - Unit Price: £________ Total Price: £________ ITEM 0002AB - DORM 917 - 1 WIDTH PAIRS BLACK OUT CURTAINS METAL UNCORDED TRACKS. 89 X 112CM SUPPLY & INSTALL WOVEN SAGE COLOUR FABRIC. Quantity - 416 EA - Unit Price: £________ Total Price: tiny_mce_marker _______ ITEM 0002AC - DORM 943 - 1 WIDTH PAIRS BLACK OUT CURTAINS METAL UNCORDED TRACKS. 100 X 125CM SUPPLY & INSTALL WOVEN SAGE COLOUR FABRIC. Quantity - 80 EA - Unit Price: £________ Total Price: £________ ITEM 0002AD - DORM 941 - 1 WIDTH PAIRS BLACK OUT CURTAINS METAL UNCORDED TRACKS. 103 X 128CM SUPPLY & INSTALL WOVEN SAGE COLOUR FABRIC. Quantity - 80 EA - Unit Price: £________ Total Price: £________ ITEM 0002AE - DORM 920 - 1 WIDTH PAIRS BLACK OUT CURTAINS METAL UNCORDED TRACKS. 90 X 111CM SUPPLY & INSTALL WOVEN SAGE COLOUR FABRIC. Quantity - 120 - Unit Price: £________ Total Price: £________ ITEM 0002AF - DORM 800- 1 WIDTH PAIRS BLACK OUT CURTAINS METAL UNCORDED TRACKS. 100 X 120CM. SUPPLY & INSTALL. WOVEN SAGE COLOUR FABRIC. Quantity - 120 - Unit Price: £________ Total Price: £________ TOTAL PRICE CLIN 0002: £________ CLIN 0003 -RAF Lakenheath Dorm Horizontal Venetian Blinds - ITEM 0003AA - Dorm 946 - 35mm Venetian Blinds metal uncorded tracks including supply & install new, remove & dispose of old. Quantity - 168 - Unit Price: £________ Total Price: £________ ITEM 0003AB - Dorm 943 - 35mm Venetian Blinds metal uncorded tracks including supply & install new, remove dispose of old. Quantity - 80 - Unit Price: £________ Total Price: £________ ITEM 0003AC - Dorm 941- 35mm Venetian Blinds metal uncorded tracks - including supply & install new, remove dispose of old. Quantity - 80 - Unit Price: £________ Total Price: £________ ITEM 0003AD - Dorm 920 - 35mm Venetian Blinds metal uncorded tracks including supply & install new, remove dispose of old. Quantity - 120 - Unit Price: £________ Total Price: £________ ITEM 0003AE - Dorm 946- 35mm Venetian Blinds metal uncorded tracks spares 20, 20 for Dorm 920, 20 for Dorm 941 & 20 for Dorm 943. Quantity - 80 - Unit Price: £________ Total Price: £________ TOTAL PRICE CLIN 0003: £________ QUOTE SPECIFICS: All quotes must include the following information: 1. Company's complete mailing and remittance address 2. Discounts for prompt payment- if any 3. Central Contractor Registration (CCR) CAGE Code, Dunn & Bradstreet number (DUNS), and Taxpayer ID number (visit http://www.ccr.gov) 4. Quotes must be valid for a period of no less than 60 days. 5. Copy of Offeror Representations and Certification (see FAR 52.212-3 which is incorporated by reference) or provide updated information electronically through ORCA at https://orca.bpn.gov QUOTES ARE DUE to this office no later than Friday, 7 August at 3:00 PM British Summer Time (10:00 AM Eastern Daylight Time). It is strongly preferred that quotes are sent via e-mail to [email protected]. Quotations may be faxed to 01638-52-2189 or if dialing from outside United Kingdom 011-44-1638-52-2189. EVALUATION OF QUOTES: The Government intends to evaluate quotations as described in FAR 13.106-2 on the basis of Best Value as described below in the Addendum to Clause 52.212.-2. Therefore, the vendor's initial quote should contain the vendor's best terms from a price and technical standpoint. The Government may accept other than the lowest quote; and waive informalities and minor irregularities in quotes received. DELIVERY/INSTALLATION: All deliveries, installation, and related service shall be completed no later than 90 days after receipt of award. FOB Point for Government Inspection and Acceptance is DESTINATION; RAF Mildenhall & RAF Lakenheath U.K. NOTE: The successful offeror shall verify measurements at installation site and provide a product/material sample to the contracting office for approval prior to the commencement of delivery and installation. Primary Point of Contact: Mr. William Neal, Contract Specialist, TEL: 01638-52-1223 or if dialing from outside United Kingdom 011-44-1638-52-1223 or email: [email protected] The full text of the FAR, DFAR, and AFFARS can be accessed on the Internet at http://farsite.hill.af.mil The following clauses and provisions apply to this solicitation: 52.232-18 -- Availability of Funds Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Federal Acquisition Regulation (FAR): 52-204-7 Central Contractor Registration 52.212-1 Instructions to Offerors - Commercial Items 52.212-2 Evaluation - Commercial Items 52.212-3 Offeror Representations and Certifications - Commercial Items with Alternate I 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders - (Deviation) 52.233-1 Disputes 52.252-1 Solicitation Provisions Incorporated by Reference 52.252-5 Authorized Deviations in Provisions 52.252-6 Authorized Deviations in Clauses Addendum 52.212-2 Evaluation - Commercial Items Evaluation -- Commercial Items (Jan 1999) (a) The Government will award a single contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered; thus representing Best Value. The following factors shall be used to evaluate offers: 1) Experience/Past Performance 2) Price EXPERIENCE AND PAST PERFORMANCE: Submit two (2) references of similar type and size of work performed during the last 2 years that the Government can contact to assess your experience and past performance. Company/Organization Contract Dates Contact Person Telephone No. 1. 2. PRICE: Provide a fixed price in accordance with the above bid schedule and each contract line item to include an all-inclusive, total price quote for completing the required work described in this solicitation. EXPERIENCE AND PAST PERFORMANCE, WHEN COMBINED, ARE APPROXIMATELY EQUAL TO PRICE. (b) 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. Department of Defense Federal Acquisition Regulation (DFAR): 252.204-7004 Alternate A (Required Central Contractor Registration) 252.212-7001 Contract Terms and Conditions Required to Implement Statues or Executive Orders - (Deviation) 252.225-7042 Authorization to Perform 252.229-7000 Invoices Exclusive of Taxes or Duties 252.229-7006 Value Added Tax Exclusion (United Kingdom) 252.229-7007 Verification of United States Receipt of Goods 252.229-7008 Relief of Import Duty (United Kingdom) 252.232-7008 Assignment of Claims (Overseas) 252.232-7010 Levies on Contract Payments 252.233-7001 Choice of Law (Overseas) Air Force Federal Acquisition Regulation (AFFAR): 5352.201-9101 Ombudsmen 5352.223-9001 Health and Safety on Government Installations 5352.225-9004 Submission of Offers in other than United States Dollars 5352.242-9000 Contractor Access to Air Force Installations 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2009) (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)). (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 shall 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 (Dec 2008) (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 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). ___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). ___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (7) [Reserved] ___ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (9) (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. ___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(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. ___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). ___ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)). ___ (14) (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. ___ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (16) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). ___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). ___ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755). _X__ (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). ___ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). ___ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). ___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). ___ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). ___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). ___ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). ___ (27) 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.) ___ (28) (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.) ___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (30) (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. ___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d). ___ (32) (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, 108-301, 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. ___ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (34) 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). ___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (37) 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)). ___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (39) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). ___ (40) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). ___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). ___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). ___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. ________________________________________________ (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(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 (Feb 2002)(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. (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 paragraphs (e)(1) of this paragraph 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 (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) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (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) 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. ____ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) ____ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). (2) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (3) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637). (4) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note). (5) ____ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582). (6) ____ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a). (7) ____ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a). (8) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (9) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). (10) ____ 252.225-7021, Trade Agreements (NOV 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (11) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (12) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (13)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). (ii) ___ Alternate I (OCT 2006) of 252.225-7036. (14) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (15) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). (16) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). (17) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). (18) __X__ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (19) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (20) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (21)(i) __X__ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023. (iii) ____ Alternate II (MAR 2000) of 252.247-7023. (iv) __X__ Alternate III (MAY 2002) of 252.247-7023. (22) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). (2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) In accordance with FAR 13.004 -- Legal Effect of Quotations the following information is provided in regards to quotations. A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier's quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer. When appropriate, the contracting officer may ask the supplier to indicate acceptance of an order by notification to the Government, preferably in writing. In other circumstances, the supplier may indicate acceptance by furnishing the supplies or services ordered or by proceeding with the work to the point where substantial performance has occurred. If the Government issues an order resulting from a quotation, the Government may (by written notice to the supplier, at any time before acceptance occurs) withdraw, amend, or cancel its offer.