080384-N solicitation.doc

552.219-71

NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (JUN 2005)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUB Zone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219—9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $500,000 ($1,000,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUB Zone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

CP-FSS-1-A

(APR 1993)

6FLS-A5-080384-N

REQUIREMENTS CONTRACT FOR

FSC 8010 – Misc Polyurethane Coatings PERIOD: 1/1/2009, or date of award, whichever is later, through 12/31/2010 With Three one-year Options

CP-FSS-2

SIGNIFICANT CHANGES (OCT 1988) - The attention of offeror is invited to the following changes made since the issuance of the last solicitation for the supplies/services covered herein: The dollar amounts charged for remarking and repackaging have changed. These changes are found in clauses 552.211-74, 552.211-76, 522.246-70 and E-FSS-522. The product code and maximum adjustment percentage in clause 552.216-71 have changed.

CP-FSS-3

NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION (MAR 1996) - Oral or written requests for explanation or information regarding this solicitation should be directed to: GENERAL SERVICES ADMINISTRATION GSA Heartland Global Supply (QSDAAA-K1) 1500 East Bannister Road, Atrium Kansas City, MO 64131 or Phone: Amy Lara (816) 926-2783 IMPORTANT: DO NOT ADDRESS OFFERS, MODIFICATIONS OR WITHDRAWALS TO THE ABOVE ADDRESS. THE ADDRESS DESIGNATED FOR RECEIPT OF OFFERS IS CONTAINED ELSEWHERE IN THIS SOLICITATION.

CP-FSS-6

ELECTRONIC DATA INTERCHANGE (EDI) ORDERING (JAN 1994)

Offerors are advised that the Federal Supply Service is expanding use of electronic communications to exchange business documents. The Placement of Orders clause contained in this contract provides that orders may be placed using Electronic Data Interchange (EDI) procedures.

6FLS-CP-FSS-17

PAST PERFORMANCE EVALUATION FACTOR (FEB 2007) MACROBUTTON OpenFSSAL957 Federal Acquisition Regulation (FAR) Chapter 15.3 requires that past performance be an evaluation factor in competitively negotiated contracts over $100,000. However, FAR 15.304(c)(3)(iii) states “Past performance need not be evaluated if the contracting officer documents the reason past performance is not an appropriate evaluation factor for the acquisition.” Past performance may be used as a factor in solicitations under $100,000 at the discretion the Contracting Officer. Offerors are advised that the quality of an offeror’s past performance, on contracts similar to that solicited, will be a factor in the award decision for this solicitation. Further, the Contractor’s performance under any contract(s) resulting from this solicitation may directly impact future contract awards. Solicitation provision L-FSS-495, Performance History, provides instruction on past performance information that may be provided by offerors. The methods to be used in evaluating past performance, as a part of the award decision(s), are described in Clause 52.212-2, Evaluation--Commercial Items.

CP-FSS-20

SECURITY EXAMINATION OF HAND-DELIVERED OFFERS (JAN 1998) FSS A/L FC-98-1

(a) Offerors are advised that an offer in response to this solicitation is subject to physical examination, x-ray, or other inspection prior to acceptance at the location designated for receipt of offers. Inspection may be conducted by Government personnel or others acting on behalf of the Government. Any offer received at the address designated for receipt of offers after the date and time specified elsewhere in this solicitation for receipt of offers shall be processed in accordance with the late offers provision of this solicitation.

(b) For any hand delivered offer, whether delivered by the offeror or a courier service, the offeror must allow sufficient time to accommodate inspection by designated security personnel. To facilitate this security inspection, initial delivery to an alternate office shall be required prior to final delivery by the offeror to the address designated for receipt of offers. (CAUTION: Delivery to the security inspection point does not constitute timely delivery for receipt of offers.)

(c) The office providing security inspection is located at the following address:

General Services Administration 1500 East Bannister Road Kansas City, MO 64131

SPECIAL INSTRUCTIONS:

The use of a manufacturer’s part number or brand name, when shown in an item description in this solicitation, appears in the description based on our record of current certifications (QPL) of manufacturer’s products that are QPL certified to meet the specification. Identification of one or more manufacturer’s part numbers or brand name references herein, or the omission of any other manufacturer’s product, is not meant to exclude any currently certified manufacturer’s part numbers or items not listed, from consideration. Parties interested in submitting an offer for part numbers or brand names not listed in a specification, should include a copy of a valid QPL certification for each item they wish consideration, showing that their product has been certified to meet the specification. The acquisition office is not a testing facility. The acquisition office recognizes only QPL certified products as meeting the specification. Offers for a product that is not listed in the specification which do not include a valid QPL certification will not receive consideration. To receive consideration, items must have been certified by QPL prior to bid opening.

CP-FSS-30

(APR 1993)

PLEASE REMOVE THIS COVER PAGE(S) BEFORE SUBMITTING OFFER TO GSA.

THE DESCRIPTIONS LISTED IN THIS SOLICITATION MAY CONTAIN ONE OR MORE OF THE FOLLOWING DOCUMENTS. IF ANY ARE NEEDED, PLEASE REQUEST THEM BY CALLING THE PHONE NUMBERS OR WRITING TO THE ADDRESSES LISTED.

ANSI STANDARDS

AMERICAN NATIONAL STANDARDS INSTITUTE, INC.

11 West 42nd Street, 13th Floor

New York, NY 10036

(Tel. #: 212/642-4900)

ASTM

AMERICAN SOCIETY FOR TESTING AND MATERIAL

100 Barr Harbor Drive

West Conshoshocken, PA 19428-2959

(Tel. #: 215/299-5400)

MILITARY SPECIFICATIONS/STANDARDS

Department of Defense Single Stock Point (DoDSSP)

Bldg. #4, Section D

700 Robbins Avenue

Philadelphia, PA 19111-5094

(Tel. #: 215/697-2667 & 215/697-2179) (Facsimile #: 215/697-1462)

DoDSSP Internet Address: http://www.dodssp.daps.mil

ASC

AMERICAN SOCIETY FOR QUALITY

Post Office Box 3005

Milwaukee, WI 53201-3005

Or

600 North Plankinton Ave Milwaukee, WI 53203

Tel. #: 800-248-1946 FAX 414/272-1734

FEDERAL SPECIFICATIONS/STANDARDS & COMMERCIAL ITEM DESCRIPTIONS

General Services Administration

Federal Supply Service, Specifications Section

470 East L'Enfant Plaza, SW, Ste. #8100

Washington, DC 20407

(Tel. #: 202/619-8925)

(FAX #: 202/619-8978)

ASME

AMERICAN SOCIETY OF MECHANICAL ENGINEERS

345 East 47th Street

New York, NY 10017

(Tel. #: 1-800-843-2763)

National Aerospace Standards

Aerospace Industries Association of America

1725 De Sales Street, N.W.

Washington, DC 20036

MPI

MASTER PAINTS INSTITUTE

4090 Gravely Street

Burnaby, BC

V5C3T6

((Tel.# 604/298-7578 contact: Bob Welch) http://www.paintinfo.com/

ISO

International Organization for standardization

WWW.ISO.CH

INFORMATION CALL:

General Services Administration

X UNRESTRICTED

BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

Office of Business & Support Services(6ADB) – Room 1161

SET- ASIDE

2 % FOR

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13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

1500 East Bannister Rd

FORMCHECKBOX

HUBZONE SM. BUSINESS BUSINSESS

13b. RATING

Kansas City, MO 64131

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8(A)

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IFB

XRFP

17a. CONTRACTOR/OFFEROR

OFFEROR

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

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SEE ADDENDUM

(Attach Additional Sheet as Necessary)

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 are attached. Addenda x FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 is attached. Addenda x FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

x

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AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 3/2005)

Previous Edition Is Not Usable Prescribed by GSA ( FAR (48 CFR) 53.212

32a. QUANTITY IN COLUMN 21 HAS BEEN

FORMCHECKBOX

RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED:

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

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PARTIAL FORMCHECKBOX

FINAL

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

37. CHECK NUMBER

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 3/2005) BACK

ITEM PURCHASE DESCRIPTION 6FLS-A5-080384-N

ITEM

NSN

U/I

DEPOT/EST. 2 YR. QTY

EPMR

PRICE

1.

8010-00-082-2420

UI: CN

FRENCH CAMP, CA– 1200

104 (15)

BEADS, RETRO-DIRECTIVE

DESCRIPTION

Use: Glass, colorless, drop-on type, for marking airfield runways.

Type 3: High Index of Refraction

Size: 22.68 Kgs (50 lbs) in a plastic container.

See Technical Specifications paragraph(s): T1.4, T3.1, T4.1, T5.1 and T6.1.

2.

8010-00-680-1996

UI: CN

BURLINGTON, NJ – 1280

99 (15)

BEADS, RETRO-DIRECTIVE

FRENCH CAMP, CA– 80

41 (2)

DESCRIPTION

Use: Glass, colorless, drop-on type, for marking airfield runways.

Type 1: Low Index of Refraction

Gradation A: Coarse, Drop-on

Size: 22.68 Kgs (50 lbs) in a plastic container.

See Technical Specifications paragraph(s): T1.4, T3.1, T4.1, T5.1 and T6.1.

3.

8010-00-935-7062

UI: GL

BURLINGTON, NJ–144

26 (6)

LACQUER

DESCRIPTION

Use: General touch-up coatings for use on aircraft and support equipment. Max VOC 340 g/L

Type 1: Acrylic Base

Color: Red in accordance with FED-STD-595B, dated December 15, 1989, and Change Notice 1, dated January 11,1994, color number 11136.

Size: 3.79 liter (1 gallon) can.

Shelf Life Code 6: Age on delivery shall not exceed 4 months.

Date of reinspection shall be 24 months from date of manufacture.

See Technical Specifications paragraph(s): T1.2, T3.2, T4.2, T5.3 and T6.1.

4.

8010-00-935-7075

UI: PT

FRENCH CAMP, CA – 864

161 (6)

LACQUER

DESCRIPTION

Use: General touch-up coatings for use on aircraft and support equipment. Max VOC 340 g/L

Type 1: Acrylic base

Color: Gray in accordance with FED-STD-595B, dated December 15, 1989, and Change Notice 1, dated January 11,1994, color number 16081.

Size: Aerosol can, minimum net wt. of contents, 12.25 oz. (347 g)

Shelf Life Code 6: Age on delivery shall not exceed 4 months.

Date of reinspection shall be 24 months from date of manufacture.

See Technical Specifications paragraph(s): T1.2, T3.2, T4.4, T5.4 and T6.1.

5.

8010-01-060-7176

UI: KT

BURLINGTON, NJ – 455

96 (7)

REPAIR KIT, EPOXY

DESCRIPTION

Used to repair M149 Trailer Tanks. In accordance with U.S. Army TACOM Drawing 1259529, dated 2/8/1977, revised 12/7/1978.

See Technical Specifications paragraph(s): T1.1 and T6.1.

6.

8010-01-265-9149

UI: KT

FRENCH CAMP, CA – 145

18 (9)

POLYURETHANE COATING

DESCRIPTION

Use: Coating for aerospace operations, lead-free.

Type 1: Aircraft application, Max VOC 420 gram/Liter

Class H: High-solids formulation

Color: Gray in accordance with FED-STD-595B, dated December 15, 1989, and Change Notice 1, dated January 11,1994, color number 36495.

Size: Kit consisting of parts A and B to produce 7.57 liters (2 gallons).

Shelf Life Code 4: Age on delivery shall not exceed 2 months.

Date of reinspection shall be 12 months from date of manufacture.

See Technical Specifications paragraph(s): T1.3, T3.3, T4.3, T5.2 and T6.1.

TECHNICAL SPECIFICATIONS

TECHNICAL DOCUMENT

T1.1 Use: To repair M149 trailer tanks

Size: Kit contains steel wire and fiberglass reinforcing material, 250 ml polyester body filler, 750 ml epoxy resin, polyurethane foam, silica, white pigment and accessories.

In accordance with U.S. Army Tank and Automotive Command Specification Control Drawing Part Number 12259529, dated August 2, 1977, letter A revision December 7, 1978, and the Exceptions listed below.

COMPONENT 2: Delete "P970-75 or equal. MIL-C-9084 Class II, Type 12 or 12A."

NOTE: MIL-C-9084 cancelled 10 Sep 99, S/S by SAE-AMS9084

COMPONENT 3: Delete "0.030" and replace with "0.080." Delete "MIL-W-360"

NOTE: MIL-W-360 changed to WW-R-360, cancelled 10 Sep 99, S/S by A-A-1037, canceled 10 Jan 94, S/S by ANSI/AWCI-01-1992.

COMPONENT 4: Delete "MIL-47129" or MIL-47129. Add "or Cab-O-Sil M5."

NOTE: MIL-S-14760 cancelled 4 Feb 03, no S/S document. MIL-47129 may be MIL-S-47129, cancelled 25 Apr 96, SS by SAE-AMS 3755

COMPONENT 5: Before "1/2 in." add "approximately". After "commercial" add "flux and adhesive brush."

COMPONENT 6: Before "1-1/2" in." add "approximately." After "commercial" add "chip brush, such as EZ Paint product number 70042-50010, Adams Brush MFG. Co., Inc. product number UFRENCH CAMP, CA2315, American Brush product number 000502 or equal."

COMPONENT 7: Delete "Fed Spec GG-D-226" and replace with "Made of close grained hard wood, approximately 5-3/4 inches long, 11/16 inch wide, and 1/16 inch thick."

NOTE: GG-D-226 cancelled 15 Oct 90, S/S by A-A-30041, cancelled 22 Nov 00, no S/S document.

COMPONENT 8: Delete MIL-P-22035 and replace with L-P-512. L-P-512 cancelled and superseded by either ASTM D 2103, Standard Specification for Polyethylene Film and Sheeting for polyethylene film and sheeting up to 0.3mm (0.012 inch) in thickness inclusive, or ASTM D 4801, Standard Specification for Polyethylene Sheeting in Thickness of 0.25 mm (0.010 inch) and greater for sheeting equal to or greater than 0.25 mm (0.010 inch) are suitable replacements for the polyethylene plastic sheet (sheeting). Users are cautioned to evaluate these documents for their particular application before citing them as replacement documents.

COMPONENT 9: Delete "Grade A, Category A" and replace with "Grade C."

COMPONENT 10: Delete "Ferro VZ 33-30."

COMPONENT 12: Delete "UU-T-591, Type III" and replace with "Approximately 10 X 13 inches, C-fold."

NOTE: UU-T-591 cancelled 23 aug 90, S/S by A-A-696, cancelled 18 Oct 99, no S/S document.

COMPONENT 14: Delete "Long, heavy, weight" and replace with: The gloves shall be 11 to 20 inches long and 0.9 to 1.8 mils thick." After "commercial" add:

"Impermeability shall be determined by the following procedure. The fingers of the glove shall be filled with either isopropyl alcohol or acetone. After the glove is held for two minutes, the outside of the fingers shall be wiped with a clean dry cloth or paper towel. Immediately after the glove is wiped, the cloth or towel shall be visually examined for any wetness due to the solvent. None shall be detected."

COMPONENT 15: Delete "Fed. Spec. GGG-M-125/8, Type II"

NOTE: GGG-M-125/8 cancelled 5 Apr 95, no S/S document.

COMPONENT 16: Delete "TT-F-322". Add "Component 16 shall be accepted based on a certificate of compliance in place of testing."

NOTE: TT-F-322 cancelled 28 Nov 97, S/S by A-A-3133.

COMPONENT 17: In place of MIL-R-37252, use Shell Epon 828 or Dow DER 331.

NOTE 2: Delete "Epon U, per publication No, SC: 71-5" and replace with "Epi-Cure 3282." After last line, add the following:

"Ancamine 1483, Pacific Anchor Chemical, Performance Chemical Division, Air Products and Chemicals, Inc., or equal."

One (1) kit.

COMPONENT PACKAGING: Individual components of this kit shall be packaged in accordance with Part Number 12259529 and U.S. Army Packaging Data Sheet for Part Number 12259529, Revision B, dated October 1, 1980. Cans shall conform to normal commercial practice and be closed in such a manner as not to spill or leak during transportation, storage, and redistribution. Components 1 and 3 shall be packaged as specified in the Packaging Data Sheet.

KIT PACKAGING: The individual components of this kit, packaged as specified above shall be further packaged as specified in U.S. Army Packaging Data Sheet for Part Number 12259529.

PACKING: The kits, packaged as specified above, shall be further packed in a close-fitting corrugated fiberboard box conforming to Section 6(a), Rule 41 of the Uniform Freight Classification and Item 222 of the National Motor Freight Classification. Closure of the boxes shall be in accordance with Section 7 of Rule 41 of the Uniform Freight Classification. The complete package offered for shipment shall meet all requirements of the Department of Transportation (DOT) and the International Maritime Dangerous Goods Code (IMDG). Gross weight shall not exceed 65 pounds.

MARKING Shall include:

(1) Lot or Batch number

(2) Dates of manufacture and reinspection (36 months)

(3) Marking required by Notes A, B, C of Packaging Data Sheet for Part number 12259529 Revision B, dated October 1, 1980.

Applies to item(s) : 5.

T1.2 In accordance with Military Specification MIL-PRF-81352C dated 16 JUNE 2005.

Applies to item(s) : 3 and 4.

T1.3 In accordance with Military Specification MIL-PRF-85285D, with Amendment 2, dated 21 November 2007.

QPL QUALIFICATION REQUIRED: QPL-85285-7, dated December 12, 2002, and Amendment 1, dated July 7, 2003.

Applies to item(s) : 6.

T1.4 In Accordance with Federal Specification TT-B-1325D, August 6, 2007.

Applies to item(s) : 1 and 2.

ITEM MARKING

T3.1 Marking shall be in accordance with standard commercial practice.

If applicable, supplier will follow pre-arranged California South Coast labeling requirements.

Applies to item(s) : 1 and 2.

T3.2

(1) National Stock Number (NSN).

(2) Specification number (Including type, class, and color number) as applicable.

(3) Manufacturer's name and part number.

(4) Lot and Batch Number.

(5) Date of Manufacture and date of expiration or reinspection (month and year).

(6) Instructions for use.

(7) Storage Instructions.

(8) Maximum Volatile Organic Compound (VOC) Content (less water and exempt solvents) in grams per liter and pounds per gallon.

If applicable, supplier will follow pre-arranged California South Coast labeling requirements.

Applies to item(s) : 3 and 4.

T3.3

(1) National Stock Number (NSN).

(2) Specification number (Including type, class, and color number) as applicable.

(3) Manufacturer's name and part number.

(4) Kit Name and Component Part.

(5) Lot and Batch Number.

(6) Date of Manufacture and date of expiration or reinspection (month and year).

(7) Instructions for use.

(8) Storage Instructions.

Applies to item(s) : 6.

PACKAGING

T4.1 Shall be in accordance with ASTM D 3951-98 (*R2004), "Practice for Commercial Packaging"

Applies to item(s) : 1 and 2.

T4.2 The product shall be furnished in the units indicated and Performance Oriented Packaged (POP) as follows:

In accordance with IMO regulations for transport of dangerous goods by surface or ICAO and IATA by aircraft.

The IMDG code permits substances of UN number 1263 (paint and paint related materials) in class 3 with certain viscosities to be carried in light metal packages of 5 liter capacity and below to be shipped without testing and certification provided the packages are in unit load meeting all the requirements of the code. Reclassification of product to class 3, Unit load and Limited Quantity exemptions are NOT permitted.

GALLONS AND QUARTS: Material shall be furnished in round, compound lined double-seamed end metal cans with multiple friction closure of the type normally used for the product. Filled containers shall be closed in a manner that will insure that the contents will not spill or leak from the container during shipment, handling, storage and redistribution.

All containers shall be constructed so that there will be no interaction chemically or physically with the contents that damages the container or alters the strength, quality or purity of the contents.

One gallon containers shall be provided with a bail type handle in accordance with current Good Manufacturing Practices.

Material packaged as specified above shall be packed in a close-fitting, corrugated, fiberboard box conforming to Section 6(a), Rule 41 of the Uniform Freight Classification, Item 222 of the National Motor Freight Classification (200 minimum burst). Closure of the boxes shall be in accordance with Section 7 of Rule 41 of the Uniform Freight Classification. Gross weight of the box and contents shall not exceed 65 pounds.

Applies to item(s) : 3.

T4.3 The product shall be furnished in the units indicated and Performance Oriented Packaged (POP) as follows:

In accordance with IMO regulations for transport of dangerous goods by surface or ICAO and IATA by aircraft.

The IMDG code permits substances of UN number 1263 (paint and paint related materials) in class 3 with certain viscosities to be carried in light metal packages of 5 liter capacity and below to be shipped without testing and certification provided the packages are in unit load meeting all the requirements of the code. Reclassification of product to class 3, Unit load and Limited Quantity exemptions are NOT permitted.

The components of each kit shall be packaged in multiple friction closure metal cans in accordance with the supplier's normal commercial practice, provided that there will be no interaction chemically or physically with the contents so as to damage the container or alter the strength, quality, or purity of the contents. The containers shall be closed in a manner that will insure that the contents will not spill or leak from the containers during shipment, handling, storage and redistribution.

Components of each individual kit shall be further packed together in kit form that will prevent accidental separation of the components during shipment, handling, storage and redistribution.

Applies to item(s) : 6.

T4.4 The product shall be furnished in the specified quantity in round, compound lined, double seamed end cans with pressure activated spray orifice type dispensers of the type normally used for this product, providing that there will be no interaction chemically or physically with the contents so as to damage the container or alter the strength, quality or purity of the contents. Each can shall be provided with a removable/replaceable metal or full sized, double shell, plastic cap adequate to protect the dispenser in accordance with normal commercial practice. The filled cans shall be closed in a manner that will insure that the contents will not spill or leak from the container during shipment, handling, storage and redistribution.

Applies to item(s) : 4.

PACKING

T5.1 Shall be packaged in accordance with the supplier's normal commercial practice, provided that there will be no interaction chemically or physically with the contents so as to damage the containers or alter the strength, quality, or purity of the contents. The containers shall be closed in a manner that will insure that the contents will not spill or leak from the containers during shipment, handling, storage and redistribution.

South Coast Air Quality Management District Provision: If the item is on an existing contract, the supplier shall follow the pre-arranged California South Coast Air Quality Management District labeling requirements.

Applies to item(s) : 1 and 2.

T5.2 In accordance with IMO regulations for transport of dangerous goods by surface or ICAO and IATA by aircraft.

The IMDG code permits substances of UN number 1263 (paint and paint related materials) in class 3, with certain viscosities, carried in light metal packages of 5 liter capacity and below to be shipped without testing and certification provided the packages are in a unit load meeting all the requirements of the code. Reclassification of product to class 3, Unit load and Limited Quantity exemptions are NOT permitted.

Kits smaller than 2 gallons packaged and assembled as specified above shall be packed in a close-fitting corrugated fiberboard box conforming to Section 6(c), Rule 41 of the Uniform Freight Classification and Item 22 of the National Motor Freight Classification. Closure of the boxes shall be in accordance with Section 7 of Rule 41 of the Uniform Freight Classification. The filled boxes shall not weigh more than 65 pounds. Pails and drums shall meet the applicable requirements of the National Motor Freight Classification, Uniform Freight Classification, and Department of Transportation regulations.

South Coast Air Quality Management District Provision: If the item is on an existing contract, the supplier shall follow the pre-arranged California South Coast Air Quality Management District labeling requirements.

Applies to item(s) : 6.

T5.3 In accordance with IMO regulations for transport of dangerous goods by surface or ICAO and IATA by aircraft.

The IMDG code permits substances of UN number 1263 (paint and paint related materials) in class 3, with certain viscosities, carried in light metal packages of 5 liter capacity and below to be shipped without testing and certification provided the packages are in a unit load meeting all the requirements of the code. Reclassification of product to class 3, Unit load and Limited Quantity exemptions are NOT permitted.

GALLONS AND QUARTS: Not more than four one-gallon-size units or 12 one-quart-size units packaged as specified above shall be further packaged in a close fitting corrugated fiberboard box conforming to Section 6(a), Rule 41 of the Uniform Freight Classification and Item 222 of the National Motor Freight Classification. Closure of the boxes shall be in accordance with Section 7 of Rule 41 of the Uniform Freight Classification. The units shall be protected within the box by individually packaging in paperboard boxes or with full height partitions or other suitable means to ensure that the containers are not damaged during shipment, handling, storage, and redistribution.

South Coast Air Quality Management District Provision: If the item is on an existing contract, the supplier shall follow the pre-arranged California South Coast Air Quality Management District labeling requirements.

Applies to item(s) : 3.

T5.4 Up to twelve cans of material packaged as specified above shall be packed in a close-fitting corrugated fiberboard box conforming to Section 6(a), Rule 41 of the Uniform Freight Classification and Item 222 of the National Motor Freight Classification. Closure of the boxes shall be in accordance with Section 7 of Rule 41 of the Uniform Freight Classification.

South Coast Air Quality Management District Provision: If the item is on an existing contract, the supplier shall follow the pre-arranged California South Coast Air Quality Management District labeling requirements.

Applies to item(s) : 4.

MARKING

T6.1 All unit, intermediate, transport packages and unit loads shall be marked and bar coded for delivery in accordance with the latest version of MIL-STD-129, "Military Marking For Shipment and Storage". "Latest version" is defined as the version in effect on the date of bid submittal. Federal Standards and Military Standards can be accessed on-line via the Defense Logistics Agency's "Assist" Quicksearch web site:

http://assist.daps.dla.mil/quicksearch/

South Coast Air Quality Management District Provision: If the item is on an existing contract, the supplier shall follow the pre-arranged California South Coast Air Quality Management District labeling requirements.

Palletization: The shipping (transport) containers shall be palletized. The pallets shall be 48-inch length x 40-inch width, general purpose, four-way entry, flush stringer, and double-face non-reversible pallets. The palletized load shall not exceed 2500 pounds in weight for shipments to the Eastern Distribution Center (Burlington). The palletized load shall not exceed 2000 pounds in weight for shipments to the Western Distribution Center (French Camp Location). The palletized load shall not overhang the pallet deck board edge by more than 1 inch and shall not exceed 53 inches in overall height (including pallet). Less than half pallet loads or loads shipped by small package carrier in acceptable transport packing need not be palletized. When less than full but more than a half pallet is used, the palletized load shall utilize proper bracing and/or reinforcement to ensure that the load can withstand two additional loads placed on it.

Stacking: A load-stacking test shall be performed once, at the beginning of the contract, for each different unitized or palletized load configuration. A fully palletized load shall be tested utilizing a total stack of three palletized loads, with all the proper bracing and/or reinforcement necessary to perform the test. There shall be no evidence of damage to the pallets, shipping containers or products when stack is tested on the rigid surface for a minimum of 24 hours, in compliance with all the National and Local Safety Regulations. The pre-tested palletized load configuration shall be duplicated using the same packaging materials, pattern, number of shipping (transport) containers, and procedures consistent throughout the duration of the contract. Palletized loads shall be stable and safe when handled with mechanical equipment by qualified personnel.

Materials: All lumber used inside or outside a shipment shall be bark free. No used wood pallets with repaired components or stringers will be acceptable. All wood pallet stringers shall be manufactured from hardwoods. Pallets manufactured of materials other than wood, shall conform to all the requirements specified herein.

Unitization: For the purpose of this requirement, the assembled group of containers or items in a single load that can be handled as a unit throughout the distribution system. Unitization encompasses, but is not limited to, consolidation in a container, placement on a pallet or load base having forklift capability, or securely binding together. Shipments should be considered for unitization where appropriate or specified.

Unitization of pallet load: The palletized load shall be unitized and secured to the pallet to insure that the load arrives intact without product damage. The containers or items shall be placed in a suitable pattern to form a stable and balanced load. Vertical, horizontal or filler reinforcement shall be added as necessary to meet the stacking strength requirements. A palletized load shall be secured to the pallet by shrink or stretch wrapping, and/or, by steel or nonmetallic strapping. When steel or nonmetallic strapping is used, edge protectors shall be provided to prevent damage to the cartons when tensioning the strapping. As a minimum, two straps shall run lengthwise, two straps shall run widthwise, and two straps shall run around the girth of the palletized load. A palletized load shall be capable of protecting the products against damage in a multiple handling, transportation, and storage environment having distribution warehouses with rack systems that support the load/s overhead of warehouse personnel.

Notice of special requirements for shipment to European Union countries: Per Clause D-FSS-468, non-manufactured wood pallets and other non-manufactured wood package material used in shipments destined for ultimate delivery to or through a European Union (EU) country shall comply with the Emergency Measures (2001/219/EC) adopted by the Commission of the European Communities (CEC). Additionally, shipments delivered to DoD distribution facilities or freight consolidation points for eventual delivery to or through EU countries shall comply with applicable DLA Regulations and Procurement Letter PROCLTR 02-17.

Applies to item(s) : 1, 2, 3, 4, 5 and 6.

52.212-4

CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2007)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2)before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41U.S.C.601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government n either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— (i)Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18U.S.C. 431relating to officials not to benefit; 40U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41U.S.C. 51-58, Anti-Kickback Act of 1986;41U.S.C. 265 and 10U.S.C. 2409 relating to whistleblower protections;49U.S.C. 40118, Fly American; and 41U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1)the schedule of supplies/services; (2)the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3)the clause at 52.212-5;(4)addenda to this solicitation or contract, including any license agreements for computer software; (5)solicitation provisions if this is a solicitation;(6)other paragraphs of this clause; (7)the Standard Form 1449; (8)other documents, exhibits, and attachments; and (9)the specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B)comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling1-888-227-2423 or 269-961-5757.

Addendum 52.212-4

52.203-3

GRATUITIES (APR 1984) 3.202

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative—

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) above, the Government is entitled—

To pursue the same remedies as in a breach of the contract; and

In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995) Applies to Item 6 9.206-2 (a) Definition: "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list.