DJD-11-R-0012 2-16-11.docx

Cessna 206H & 208B DJD-11-R-0012

U.S. Department of Justice Drug Enforcement Administration

The U.S. Department of Justice, Drug Enforcement Administration (DEA) intends to issue a contract to the Cessna Aircraft Company located at 2625 S. Hoover Road, Wichita, KS 67215 for the acquisition of Cessna 206H and 208B aircrafts. This contract will be for the purchase of one or more aircrafts for which the Government intends to solicit and negotiate only with Cessna Aircraft Company under the authority 41 U.S.C. 253(c)(1) as implemented by FAR 6.302-1. A Justification for Other Than Full and Open Competition has been certified and approved. The justification will be posted after contract award.

This Request for Proposal (RFP) is being issued as 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 RFP does not commit the government to pay any cost incurred in the submission of a proposal or to award a contract for these aircrafts. It is also noted that the Contracting Officer is the only individual who may legally commit the Government to the expenditure of public funds in connection with this procurement. RFP number: DJD-11-R-0012 is issued as a sole source procurement. The applicable NAICS code is 336411 –Aircraft Manufacturing), Size Standard 1500.

The Offeror will be evaluated based on:

1. Technical- A. Conformity of specifications to the SOW

2. Past Performance, and

3. Price.

This RFP document and incorporated provisions and clauses are those in effect through Federal Acquisitions Circular FAC 2005-49 issued 01/24/2011. This announcement constitutes the only RFP; proposals are being requested. This acquisition incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at https://www.acquisition.gov. 52.212-1 Instructions to Offerors – Commercial Items (Jun 2008), 52.212-2 Evaluation – Commercial Items (Jan 1999), 52.212-3 Offeror Representations and Certifications – Commercial Items (Jan 2011), 52.212-4 Contract Terms and Conditions – Commercial Items (June 2010), and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2011). The Government anticipates award of a single firm fixed unit priced, Indefinite Delivery/Indefinite Quantity Contract. All questions regarding this RFP shall be submitted in writing via email to Contract Specialist Nanaesi Amoo at nanaesi.amoo@usdoj.gov by February 11, 2011 at 8:00 am EST. If necessary, an amendment with answers to questions will be issued to the offeror by February 15, 2011. The proposal must be received by February 22, 2011, at 8:00 am EST. The proposals shall be submitted via mail or email. (See RFP for additional information).

Cessna 206H & 208B DJD-11-R-0012

I.

SCHEDULE OF SUPPLIES/SERVICES AND PRICE/COST

I.a. Cessna 208B

This is Indefinite Delivery/ Indefinite Quantity (IDIQ) Fixed Unit Price type contract for the equipment specified herein. The minimum quantities specified in the schedule are guaranteed in the BASE YEAR ONLY. The maximum amounts are not guaranteed to be purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do no result in orders in the quantities described, that fact shall not constitute the basis for an equitable price adjustment

Minimum Guarantee As a guaranteed minimum, for the base year only, orders will be placed to order the quantity set forth below as the minimum guaranteed quantity. The contract award will order the minimum guaranteed quantity.

Base Period: 04/01/2011-03/31/2012 (Cessna 208B)

(Min)

Standard Garmin G1000 Avionics:

*Garmin GFC700 Autopilot-Three Axis-VNAV *Dual Attitude Heading Ref System (AHARS) and dual ADC(Air Data Computers) *10” Pilots & Co Pilots Primary Flight Displays *10” Multi Function Display with Moving Map, Radar display/control, Relative Terrain/Obstacle, Garmin Flight Charts display

* Audio Panel Garmin GMA-1347 *Dual Garmin GIA-63W Nav/Comm/GPS/WAAS with Glideslope -Displayed on PFD's *Garmin GTX 33 Transponder Mode S Non Diversity *King KN63 DME displayed on PFD

C 406-N 3 Frequency ELT (Exchange)

EA.

Optional Equipment

EA.

NavaData = $440.00, Charts = $950.00 (estimated 2011 pricing, and there may be a set up fee of about $100.00)

TOTAL

Option Period I: 04/01/2012-03/31/2013 (Cessna 208B)

(Min.)

Qty.

(Max.)

Standard Garmin G1000 Avionics:

*Garmin GFC700 Autopilot-Three Axis-VNAV *Dual Attitude Heading Ref System (AHARS) and dual ADC(Air Data Computers) *10” Pilots & Co Pilots Primary Flight Displays *10” Multi Function Display with Moving Map, Radar display/control, Relative Terrain/Obstacle, Garmin Flight Charts display

* Audio Panel Garmin GMA-1347 *Dual Garmin GIA-63W Nav/Comm/GPS/WAAS with Glideslope -Displayed on PFD's *Garmin GTX 33 Transponder Mode S Non Diversity *King KN63 DME displayed on PFD

C 406-N 3 Frequency ELT (Exchange)

EA.

EA.

NavaData = $440.00, Charts = $950.00 (estimated 2011 pricing, and there may be a set up fee of about $100.00)

TOTAL

Option Period II: 04/01/2013-03/31/2014 (Cessna 208B)

(Min) Qty (Max)

Standard Garmin G1000 Avionics:

*Garmin GFC700 Autopilot-Three Axis-VNAV *Dual Attitude Heading Ref System (AHARS) and dual ADC(Air Data Computers) *10” Pilots & Co Pilots Primary Flight Displays *10” Multi Function Display with Moving Map, Radar display/control, Relative Terrain/Obstacle, Garmin Flight Charts display

* Audio Panel Garmin GMA-1347 *Dual Garmin GIA-63W Nav/Comm/GPS/WAAS with Glideslope -Displayed on PFD's *Garmin GTX 33 Transponder Mode S Non Diversity *King KN63 DME displayed on PFD

C 406-N 3 Frequency ELT (Exchange)

prepared surfaces (dirt, grass, gravel)

EA.

Optional Equipment

EA.

NavaData = $440.00, Charts = $950.00 (estimated 2011 pricing, and there may be a set up fee of about $100.00)

TOTAL

Option Period III: 04/01/2014-03/31/2015 (Cessna 208B)

(Min) Qty.

(Max)

Standard Garmin G1000 Avionics:

*Garmin GFC700 Autopilot-Three Axis-VNAV *Dual Attitude Heading Ref System (AHARS) and dual ADC(Air Data Computers) *10” Pilots & Co Pilots Primary Flight Displays *10” Multi Function Display with Moving Map, Radar display/control, Relative Terrain/Obstacle, Garmin Flight Charts display

* Audio Panel Garmin GMA-1347 *Dual Garmin GIA-63W Nav/Comm/GPS/WAAS with Glideslope -Displayed on PFD's *Garmin GTX 33 Transponder Mode S Non Diversity *King KN63 DME displayed on PFD

C 406-N 3 Frequency ELT (Exchange)

EA.

EA.

NavaData = $440.00, Charts = $950.00 (estimated 2011 pricing, and there may be a set up fee of about $100.00)

TOTAL

Option Period IV: 04/01/2015-03/31/2016 (Cessna 208B)

(Min) Qty.

(Max)

Standard Garmin G1000 Avionics:

*Garmin GFC700 Autopilot-Three Axis-VNAV *Dual Attitude Heading Ref System (AHARS) and dual ADC(Air Data Computers) *10” Pilots & Co Pilots Primary Flight Displays *10” Multi Function Display with Moving Map, Radar display/control, Relative Terrain/Obstacle, Garmin Flight Charts display

* Audio Panel Garmin GMA-1347 *Dual Garmin GIA-63W Nav/Comm/GPS/WAAS with Glideslope -Displayed on PFD's *Garmin GTX 33 Transponder Mode S Non Diversity *King KN63 DME displayed on PFD

EA.

C 406-N 3 Frequency ELT (Exchange)

EA.

Optional Equipment

EA.

NavaData = $440.00, Charts = $950.00 (estimated 2011 pricing, and there may be a set up fee of about $100.00)

TOTAL

I.b. Cessna 206H

Base Period: 04/01/2011-03/31/2012 (Cessna 206H)

(Min) Qty.

(Max)

Fully intergrated EFIS System consisting of:

*two 1004” high resolution XGA displays(PFD/MFD) *Altitude Heading Reference System(AHRS) *Solid State Air Data Computer (ADC) *Solid State 3-Axis Magnetometer *Dual IFR Enroute/Approach and WAAS Certified GPS *XM Satellite Weather and Radio (subscription required) *Garmin GFC700 Fully Intergrated Two-axis Autopilot *Electronic Engine Indication System(EIS) *Dual Nav/Comm (16Watt) *Mode S Transponder *Digital Audio Panel with Audio Playback *Traffic Information System(TIS) *Terrain and Obstacle Mapping *Stormscope System-WX500 *Backup Airspeed, Altitude, and Altimeter *Garmin SafeTaxi & Flite Charts

TOTAL

Option Period I: 04/01/2012-03/31/2013 (Cessna 206H)

(Min) Qty.

(Max)

Fully intergrated EFIS System consisting of:

*two 1004” high resolution XGA displays(PFD/MFD) *Altitude Heading Reference System(AHRS) *Solid State Air Data Computer (ADC) *Solid State 3-Axis Magnetometer *Dual IFR Enroute/Approach and WAAS Certified GPS *XM Satellite Weather and Radio (subscription required) *Garmin GFC700 Fully Intergrated Two-axis Autopilot *Electronic Engine Indication System(EIS) *Dual Nav/Comm (16Watt) *Mode S Transponder *Digital Audio Panel with Audio Playback *Traffic Information System(TIS) *Terrain and Obstacle Mapping *Stormscope System-WX500 *Backup Airspeed, Altitude, and Altimeter *Garmin SafeTaxi & Flite Charts

TOTAL

Option Period II: 04/01/2013-03/31/2014 (Cessna 206H)

(Min) Qty.

(Max)

Fully intergrated EFIS System consisting of:

*two 1004” high resolution XGA displays(PFD/MFD) *Altitude Heading Reference System(AHRS) *Solid State Air Data Computer (ADC) *Solid State 3-Axis Magnetometer *Dual IFR Enroute/Approach and WAAS Certified GPS *XM Satellite Weather and Radio (subscription required) *Garmin GFC700 Fully Intergrated Two-axis Autopilot*Electronic Engine Indication System(EIS) *Dual Nav/Comm (16Watt) *Mode S Transponder *Digital Audio Panel with Audio Playback *Traffic Information System(TIS) *Terrain and Obstacle Mapping *Stormscope System-WX500 *Backup Airspeed, Altitude, and Altimeter *Garmin SafeTaxi & Flite Charts

TOTAL

Option Period III: 04/01/2014-03/31/2015 (Cessna 206H)

(Min) Qty.

(Max)

Fully intergrated EFIS System consisting of:

*two 1004” high resolution XGA displays(PFD/MFD) *Altitude Heading Reference System(AHRS) *Solid State Air Data Computer (ADC) *Solid State 3-Axis Magnetometer *Dual IFR Enroute/Approach and WAAS Certified GPS *XM Satellite Weather and Radio (subscription required) *Garmin GFC700 Fully Intergrated Two-axis Autopilot *Electronic Engine Indication System(EIS) *Dual Nav/Comm (16Watt) *Mode S Transponder *Digital Audio Panel with Audio Playback *Traffic Information System(TIS) *Terrain and Obstacle Mapping *Stormscope System-WX500 *Backup Airspeed, Altitude, and Altimeter *Garmin SafeTaxi & Flite Charts

TOTAL

Option Period IV: 04/01/2015-03/31/2016 (Cessna 206H)

(Min) Qty.

(Max)

Fully intergrated EFIS System consisting of:

*two 1004” high resolution XGA displays(PFD/MFD) *Altitude Heading Reference System(AHRS) *Solid State Air Data Computer (ADC) *Solid State 3-Axis Magnetometer *Dual IFR Enroute/Approach and WAAS Certified GPS *XM Satellite Weather and Radio (subscription required) *Garmin GFC700 Fully Intergrated Two-axis Autopilot *Electronic Engine Indication System(EIS) *Dual Nav/Comm (16Watt) *Mode S Transponder *Digital Audio Panel with Audio Playback *Traffic Information System(TIS) *Terrain and Obstacle Mapping *Stormscope System-WX500 *Backup Airspeed, Altitude, and Altimeter *Garmin SafeTaxi & Flite Charts

TOTAL

Cessna 206H & 208B DJD-11-R-0012

II. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

II.a. Specifications of a Single Engine Turboprop Passenger/Cargo Aircraft (208B)

1. OVERVIEW

The U.S. Department of Justice, Drug Enforcement Administration (DEA) has a requirement for new Cessna 208B aircraft. This contract is for the purchase of one or more aircraft. This specification establishes the technical requirements for new Cessna 208B aircraft to be operated by the DEA as a multi-role airborne platform.

1.1 PURPOSE

The DEA Mission is to enforce the Controlled Substance laws and regulations and to bring to the criminal and civil justice systems those individuals and organizations involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States. This contract will provide the DEA with new Single Engine Turboprop Passenger/Cargo Aircraft. This aircraft will be utilized as a law enforcement surveillance/observation platform. The aircraft will also be utilized as utility aircraft to transport cargo and personnel extensively in passenger/cargo operations. The Single Engine Turboprop Passenger/Cargo Aircraft described in this requirement will be utilized in the deployment of government personnel and equipment in both foreign and domestic areas in support of enforcing the controlled substances laws and regulations of the United States.

2. GENERAL REQUIREMENTS

The aircraft shall be a new commercially available single engine turboprop passenger/cargo aircraft with a minimum seating for 2 crew members and 8 passengers. The aircraft shall be configured with a cargo door. It is essential that the aircraft have a long endurance operation capability and a high wing configuration for an unobstructed ground visibility from the cockpit and cabin. All factory standard equipment of the manufacturer's commercial model, unless otherwise noted, shall be provided in addition to the optional items specified herein. These requirements, together with the following specifications, shall constitute the minimum acceptable requirements.

3. SPECIFIC REQUIREMENTS

The aircraft, when configured in accordance with this entire specification, shall meet or exceed the specifications in the following paragraphs.

3.1 CERTIFICATION

The aircraft shall be certified in accordance with the U.S. Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 23, Airworthiness Standards: normal, utility, acrobatic and commuter category airplanes and any other applicable FAA FARs. All equipment and options and their installation shall also be FAA approved. The Standard Airworthiness Certificate and any other FAA approvals shall be made available to the government upon aircraft delivery.

3.2 AIRCRAFT SPECIFACTIONS

3.2.1 Aircraft Flight Performance Requirements

The following are minimum performance requirements:

a. Range – 900 nautical miles at 10,000 ft. with 45 minutes reserve fuel.

b. Speed – Cruise speed 175 KTAS at optimum altitude.

c. Service Ceiling – 22,000 ft. minimum based on optimum aircraft performance.

d. Take-Off – International Standard Atmosphere (ISA) day +15° C (85° F) to ISA +20° C (95° F), Sea Level..

Take-Off Ground Roll @ Maximum Gross Take-Off Weight – (Standard Temp at Sea Level with Cargo Pod is 1405ft.)

Landing Ground Roll @ Maximum Landing Weight – (Standard Temp at Sea Level with Cargo Pod and no reverse thrust is 915ft.)

e. Crew – Two crew members (pilot/copilot); single pilot operation capable.

f. Useful Load – 4000 lbs minimum.

g. Equipment – Survival gear, baggage and mission equipment capability – 500 lbs.

h. Maximum Gross Take-Off Weight – Not to exceed 10,000 lbs.

i. Maintain Minimum Enroute Altitude (MEA) of 10,000ft.

j. Operate on unimproved landing strips.

3.2.2 Aircraft Communication/Navigation

The aircraft shall be FAA certified for Instrument Flight Rules (IFR) operations and operation approved with an aircraft specific Minimum Equipment List (MEL).

The following communication/navigation equipment is the government's minimum requirement. A Garmin G1000 Flight Management System to include the following additional optional equipment.

a. KRA 405B Radar Altimeter.

b. Four Position Cabin Intercom System, (ICS).

c. Garmin GWX 68 Four Color Digital Weather Radar.

d. KTA 870 Traffic Advisory System.

e. TAWS-B Garmin, Terrain Awareness and Warning System.

f. C 406-N Three Frequency Emergency Locator Transmitter (ELT).

g. Jeppesen ChartView.

h. XM Satellite Graphical Weather Information System.

3.3 AIRCRAFT CONFIGURATION

The aircraft shall be a new, single engine turboprop with a cabin/cargo area of no less than 400 cubic feet. The aircraft shall have crew seating of no less than 2 and passenger seating of no less than 8. The passenger seats shall be easily removable to allow the aircraft to be configured for cargo operations. The aircraft shall have an interior cargo/passenger space of no less than 300 cubic feet and a payload capability of no less than 2000 lbs.

3.4 ADDITIONAL AIRCRAFT EQUIPMENT

The aircraft shall have the following additional equipment installed. All additional equipment and their installations shall be FAA approved.

a. 12 Volt Cabin Power Outlets.

b. 300 Amp Starter/Generator.

c. Cabin Air Conditioning.

d. Oxygen System, Complete 17 Port.

e. TKS Anti-Ice System, Certified for Flight in Icing Conditions.

f. Cargo Door Removal Kit.

g. Tires, 29 inch.

h. Cargo Pod Exhaust Deflector.

i. Cargo Equipment, Cargo Barrier, Nets and Tie-Down Fittings.

j. Cargo Pod, Belly.

k. Commuter Seating, Ten Place.

3.5 AIRCRAFT CONDITION/AGE

The aircraft shall be a high wing aircraft, with a manufactured date of no less than six (6) months before the aircraft delivery date and with no more than 15 hours total time on the airframe and no more than 15 hours total time on the engine.

3.6 TECHNICAL PUBLICATIONS

The contractor shall provide one complete set of updated technical publications required for operation and maintenance of the aircraft and installed systems to include aircraft maintenance manuals, aircraft specific wiring manual, engine maintenance manuals and illustrated parts manuals for the aircraft and engine. The contractor shall ensure updated wiring diagrams for customization and optional equipment are provided. All aircraft technical manuals shall be delivered with a full year revision subscription.

4.0 TRAINING

a. Pilot training, initial course, 2 each.

b. Maintenance training initial course, 2 each.

5.0 DELIVERY

Delivery of aircraft shall be within 270 days from time of contract implementation, with no more than two (2) aircraft deliveries per month. The government will take delivery of the aircraft at the contractor’s facility.

6.0 WARRANTY

a. Aircraft Parts and Components – 2 Years/1000 Hours.

b. Engine – 2 Years/2000 Hours.

c. Avionics – 2 Years.

d. Airframe Structural – 2 Years.

7.0 APPLICABLE STANDARDS AND REGULATION

U. S. Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR)

8.0 ACRONYMS/ DEFINITIONS

C° – Celsius DEA - Drug Enforcement Administration ELT – Emergency Locator Transmitter F° – Fahrenheit FAA - Federal Aviation Administration FAR - Federal Aviation Regulation FAR- Federal Acquisition Regulations

ft. – Foot ICS - Intercommunications System IFR - Instrument Flight Rules ISA - International Standard Atmosphere KTAS - Knot True Air Speed lbs. – Pounds MEA - Minimum Enroute Altitude MEL - Minimum Equipment List NBAA – National Business Aviation Association TAWS - Terrain Awareness and Warning System

The U.S. Department of Justice, Drug Enforcement Administration (DEA) has a requirement for new Cessna 206H aircraft. This contract is for the purchase of one or more aircraft. This specification establishes the technical requirements for new Cessna 206H aircraft to be operated by the DEA as a multi-role airborne platform.

1.1 PURPOSE

This Contract will provide the Drug Enforcement Administration with new single engine piston powered aircraft. This aircraft will be utilized as a law enforcement surveillance/observation platform and as utility aircraft to transport cargo and personnel.

2.0 GENREAL REQUIREMENTS

The aircraft shall be a new commercially available single engine, piston engine powered aircraft, employing dual controls and minimum seating of six including the pilot. The aircraft shall be configured with a cargo door. It is essential that the aircraft have a long endurance operation capability and a high wing configuration for an unobstructed ground visibility from the cockpit and cabin. All factory standard equipment of the manufacturer's model, unless otherwise noted, shall be provided in addition to those items specified herein. These requirements, together with the following specifications, shall constitute the minimum acceptable requirements.

3.0 SPECIFIC REQUIREMENTS

The aircraft, when configured in accordance with this entire specification, shall meet or exceed the specifications in the following paragraphs.

3.1 CERTIFICATION

The aircraft shall be certified in accordance with the U.S. Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 23, Airworthiness Standards: normal, utility, acrobatic and commuter category airplanes and any other applicable FAA FARs. All equipment and options and their installation shall also be FAA approved. The Standard Airworthiness Certificate and any other FAA approvals shall be made available to the government upon aircraft delivery.

The following are minimum performance requirements:

3.2.2 AIRCRAFT COMMUNICATION/NAVIGATION

The aircraft shall be equipped the Standard Nav III – Garmin G1000 Avionics System and certified for Instrument Flight Rules (IFR) operations.

3.3 AIRCRAFT CONFIGURATION

The aircraft shall be a new, single engine piston powered aircraft with a large cabin/cargo area of no less than 175 cubic feet. The aircraft shall have crew seating of no less than 2 and passenger seating of no less than 4. The passenger seats shall be easily removable to allow the aircraft to be quickly configured for cargo operations.

3.4 ADDITIONAL AIRCRAFT EQUIPMENT

The aircraft shall have the following additional equipment installed. All additional equipment and their installations shall be FAA approved.

a. Horizontal Stabilizer Abrasion Boots.

b. Utility Interior Kit, which includes vinyl grip flooring.

c. ELT Artex C406N 3-Frequency.

d. Chartview Powered by Jeppesen.

3.5 AIRCRAFT CONDITION/AGE

The aircraft shall be a new, commercially available single engine, piston powered, high wing aircraft with a manufactured date of no less than six (6) months before the aircraft delivery date and with no more than 15 hours total time on the airframe and no more than 15 hours total time on the engine.

3.6 TECHNICAL PUBLICATIONS

The contractor shall provide one complete set of updated technical publications required for operation and maintenance of the aircraft and installed systems to include aircraft maintenance manuals, aircraft specific wiring manual and illustrated parts manuals. The contractor shall ensure updated wiring diagrams for customization and optional equipment are provided. All aircraft technical manuals shall be delivered with a full year revision subscription.

4.0 TRAINING

a. Pilot training, initial course, 2 each.

b. Maintenance training initial course, 2 each.

5.0 DELIVERY

Delivery of aircraft shall be within 270 days from time of contract implementation, with no more than two (2) aircraft deliveries per month. The government will take delivery of the aircraft at the contractor’s facility.

6.0 WARRANTY

a. Aircraft Parts and Components – 2 Years/1000 Hours.

b. Engine – 2 Years/2000 Hours.

c. Avionics – 2 Years.

d. Airframe Structural – 2 Years.

7.0 APPLICABLE STANDARDS AND REGULATIONS

U. S. Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR)

8.0 ACRONYMS/ DEFINITIONS

DEA - Drug Enforcement Administration ELT – Emergency Locator Transmitter FAA - Federal Aviation Administration FAR - Federal Aviation Regulation FAR- Federal Acquisition Regulations

ft. – Foot

ft. per min. – Feet Per Minute gals - Gallons IFR - Instrument Flight Rules kts- Knot True Air Speed lbs. – Pounds

III. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

1. 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/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

COMMERCIAL ITEMS

52.217-7 OPTION FOR INCREASED QUANTITY- MAR 1989

SEPRATELY PRICED LINE ITEM

52.229-4 FEDERAL, STATE, AND LOCAL TAXES APR 2003

(STATE AND LOCAL ADJUSTMENTS)

52.247-30 F.O.B ORIGIN, CONTRACTOR FACILITY FEB 2006

2. FAR CLAUSE, FULL TEXT

3. FAR 52.212-5: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2001)

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.] _X_ (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).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

__ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (9) [Reserved] __ (10)(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.

__ (11)(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.

_X_ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

_X_ (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

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

_X_ (15) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (16)(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.

__ (17) 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).

__ (18) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (22) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (25) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (27) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

_X_ (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (29) 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.)

__ (30)(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.)

__ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (32)(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.

__ (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513).

__ (34) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (35)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (37) 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).

__ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (40) 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)).

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

_X_ (42) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (43) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (44) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (46)(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) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, 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 (Sept 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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

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

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) 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.”

4. FAR 52.223-7:NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

As prescribed in 23.602, insert the following clause:

Notice of Radioactive Materials (Jan 1997)

(a) The Contractor shall notify the Contracting Officer or designee, in writing, ___60_____* days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).

* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall—

(1) Be submitted in writing;

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.

(End of clause)

5. FAR 52.223-11: OZONE-DEPLETING SUBSTNACES (MAY 2001)

As prescribed in 23.804(a), insert the following clause:

Ozone-Depleting Substances (May 2001)

(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as—

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

IV. ADDITIONAL TERMS AND CONDITIONS

(a)______TBD______, of the Drug Enforcement Administration (DEA), Aviation Division, 2300 Horizon Drive, Ft. Worth, TX 76177, (T) 817-837-XXXX is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms…