DINING AND LODGING FOR CGC OSAGE

AMENDMENT A00002 TO SOLICITATION HSCG80-08-Q-3FAV84 changes the location radius for the Dining and Lodging to 25 miles of the Contractor's facility located at 2661 Channel Avenue, Memphis, TN 38113 during the Contract period of performance from 8 September through 31 October 2008. THIS AMENDMENT EXTENDS THE DUE DATE FOR QUOTES UNTIL MONDAY. AUGUST 18, 2008. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation HSCG80-08-Q-3FAV84 is being issued as a Request for Quotation (RFQ) and is open to Small Businesses only. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-26. The NAICS code is 721110 with a small business size standard of $6.0 million. The Period of Performance is FIFTY-FOUR (54) days beginning 8 September through 31 October 2008. Along with your quote, please submit a COMPLETE copy of the Dining Menu that will be used to for the 54-day period that encompasses ALL specific Dining Requirements listed in paragraphs 3.12, 3.13, and 3.14. Quotes may faxed to (757) 628-4676, or be sent via electronic mail to [email protected] or sent via U.S. Mail to 300 East Main Street, Suite 600, Norfolk, VA 23510-9102. QUOTES ARE DUE NO LATER than Monday, August 18, 2008. For information regarding this acquisition, please submit your questions via email to Nancy Brinkman, Contract Specialist, at [email protected] or call 757-628-4579. The anticipated award date is on or about August 21, 2008, however it is subject to change. The government intends to award a fixed priced contract resulting from this solicitation to the responsible vendor whose quote, conforming to the solicitation, provides the best value. 86350A_separate (09 July 2007) Provide Dining and Lodging 1. SCOPE 1.1 Scope. This work item describes the requirements for the Contractor to provide temporary dining and lodging for Coast Guard personnel. The Period of Performance is FIFTY FOUR (54) days beginning 08 September through 31 October 2008. 2. APPLICABLE DOCUMENTS None. 3. REQUIREMENTS 3.1 Dining and Lodging requirements. The Contractor shall provide quality temporary lodging and healthy, appetizing, and nutritious dining (including wait staff gratuities) for 16 Coast Guard personnel within a 25-mile radius of the vessel’s location which is: 2661 Channel Avenue, Memphis, TN 38113, during the Contract period of performance from 8 September through 31 October 2008. Provide 3 single occupancy and 7 double occupancy rooms for Coast Guard personnel during the period specified in paragraph 3.1.1 below. 3.1.1 DINING Commencement and completion. Dining shall commence with providing lunch on Monday, 8 September 2008 and end with providing breakfast on 31 October 2008. Use of lodging facilities shall begin on Monday, 8 September 2008, at the lodging facility’s normal check-in time; and end on Monday, 31 October 2008, at the normal check-out time. 3.1.2 Breakfast. EACH breakfast shall include: • A choice of two whole fresh fruits. • A choice of three fruit juices. • A choice of whole or low fat milk. • A choice of two cereals. • Eggs cooked to order. • Pancakes, French toast or waffles. • Bacon or another breakfast meat. • A choice of potatoes or grits. • A choice of toast or pastry. • A choice of coffee or tea. • Butter, margarine, syrup and jelly or jam. 3.1.3 Lunch & Dinner. EACH lunch and dinner shall include: • A choice of three different hot entrées. Entrée choices shall vary in a manner not to repeat within a 3-day period. Daily entrée choices shall include the following;  poultry  beef or pork  fish or shellfish. • A choice of soup or salad, with crackers and dressing. Soup choices shall not repeat within a 3-day period. • A choice of potatoes or pasta with accompanying sauces and gravies. • A choice of two vegetables. • Water and a choice of beverages. • A choice of breads; and a choice of butter or margarine. • A choice of three different desserts or whole fresh fruit. 3.1.4 Take-out Meals. The Contractor shall substitute carry-out meals for pick-up by Coast Guard personnel for breakfast, lunch or dinner when designated by the COR. The Contractor shall coordinate pick up times and location with the COR. Lunch carry-out meals shall include either hot meals as detailed in paragraph 3.1.3 or a box lunch which shall include: • A choice of sandwiches with three different options of deli meat on a choice of breads or wraps (including choice of condiments). • A bag of chips. • Potato, pasta or garden salad with dressing. • A choice of two desserts including fresh whole fruit as one option. • A choice of bottled water or beverage. 3.2 LOGING Regulations and standards. All lodging facilities provided shall: 3.2.1 Meet the Hotel and Motel Fire Safety Act of 1990 (PL101-391) and be listed on the Hotel-Motel Master List (see 5.1 (Hotel and Motel Fire Safety Act of 1990 (PL101-391))). 3.2.2 Meet, at a minimum, the requirements of two stars () for a Mobil Travel Guide rating or two diamonds () for an American Automobile Association (AAA) rating; and include free parking for 2 vehicles. Lodging will include daily cleaning, change of linen, and replenishment of toiletries (see 5.2 herein). NOTICE! The facilities provided must meet the requirements, at a minimum, but DO NOT actually have to be formally rated by either organization. 4. QUALITY ASSURANCE No additional requirements. 5. NOTES 5.1 Hotel and Motel Fire Safety Act of 1990 (PL101-391). Information on the Safety Act and the Master Hotel list can be found at http://www.usfa.fema.gov/applications/hotel/. 5.2 Rating criteria. Rating criteria can be found at the following websites: • AAA/CAA - http://www.aaanewsroom.net/Main.asp?CategoryID=9&SubCategoryID=22& Select “Diamond Ratings.” • MOBIL Travel Guide - http://www.mobiltravelguide.com/ Select “Mobil Stars” then “Restaurant Stars” or “Lodging Stars.” The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference. The Clause at FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far The following provisions and clauses are applicable to this acquisition and are hereby incorporated by reference: The clause at FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERICIAL ITEMS (Feb 2007) ADDENDUM to FAR 52.212-4, HSAR Clause 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (Jun 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for at least 80 percent each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held— (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items (June 2008) applies. Quotes must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (June 2008), with its offer. The provision at FAR 52.212-2, Evaluation--Commercial Items (Jan 1999) Evaluation and Award: The government intends to award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation provides the best value to the government. No other additional contractual terms and conditions are applicable. No Defense Priorities and Allocations System (DPAS) rating are assigned. Numbered Note 1 applies. The provision at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items. (June 2008) Vendors are required to submit, a completed copy of the provision at Offeror Representations and Certifications – Commercial Items, with their quote. An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision. FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (June 2008) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (4) [Reserved] _X_ (5)(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. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (6)(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. __ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (8)(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. __ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEPT 2005) (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. __ (12) 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). __ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). _X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (20) 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). _X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). _X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. __ (25)(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)). __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). __ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _X_ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d). __ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (34) 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)). __ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (40)(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.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Dining and Lodging: 11240 Maid or Houseman $7.61 per hour 99050 Desk Clerk (1) $8.74 per hour 11210 Maintenance Worker $10.72 per hour 07041 Cook I $8.94 per hour 07042 Cook II $10.50 per hour 07070 Dishwasher $7.43 per hour 07130 Food Service Worker $8.43 per hour 07260 Waitress/Waiter $7.44 per hour (End of clause) __ (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 (Nov 2007) (41 U.S.C. 351, et seq.). __ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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 settelement. 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 (i) through (vii) 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) 52.219-8, 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. (ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iii) 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). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 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.). (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”