RFP FA5205-09-R-0015.pdf

35 CONS/LGC (APO)

DODAAC: FA5205

UNIT 5201, BLDG. 656

APO AP 96319-5201

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5205-09-R-0015 17-Aug-2009

b. TELEPHONE NUMBER

0176-57-2443

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 28 Aug 2009

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5205

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE F3D1F1 16. ADMINISTERED BY

35 CS/CC - F3D1F1

UNIT 5020

APO AP 96319-5020

TEL: FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

YOSHIZAWA, MICHIKO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA5205-09-R-0015

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 1 Lump

Sum

Base Year

FFP

The contractor shall furnish all labor, materials, tools, equipment, and transportation to perform Personal Wireless Communications Services (PWCS)

Maintenance and Repair Service, Misawa AB, Japan in accordance with (IAW) the attached Performance-based Work Statement (PWS) and Pricing Schedule for a period of one year from 1 Oct 09 to 30 Sep 10.

Note: Please refer to Exhibit A, Pricing Schedule for Base Year for specific requirements.

FOB: Destination

ESTIMATED

NET AMT

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 1 Lump

Sum

OPTION Option Year One

FFP

The contractor shall furnish all labor, materials, tools, equipment, and transportation to perform Personal Wireless Communications Services (PWCS)

Maintenance and Repair Service, Misawa AB, Japan in accordance with (IAW) the attached Performance-based Work Statement (PWS) and Pricing Schedule for a period of one year from 1 Oct 10 to 30 Sep 11.

Note: Please refer to Exhibit B, Pricing Schedule for Option Year One for specific requirements.

FOB: Destination

ESTIMATED

NET AMT

AGGREGATED

AMOUNT

CONT. OF BLOCKS FROM SF 1449

a. Block 1 of SF1449 – Requisition No.

Requisition Number(s) are to be indicated on each individual task orders issued under this contract.

b. Block 17b of SF1449 – Remittance Address

If remittance is desired at another address than the one shown in block 17a of SF1449, indicate below.

c. Block 18b of SF1449 – Invoices

Submit original and three (3) copies of invoice(s) to the following designated billing office:

35 CS/SCOSP

Bldg. 1595, Misawa Air Base

Misawa-Shi, Aomori-Ken

TEL: 0176-77-3425

Each month, upon receipt of invoice(s), the Government Quality Assurance Personnel (QAP) of 35 CS/SCOSP will verify satisfactory completion of the contractor's performance, and sign on the above submitted invoice(s) for acceptance, with a statement "Received and Accepted". The QAP’s signature of the invoice(s) will constitute a final acceptance of the contractor's completed services by the U.S. Government. Such signed invoice(s) will be distributed to the office specified in block 18a of SF 1449, and retained by the QAP and the Contracting Office in the contract file respectively.

d. Block 25 of SF1449 – Accounting and Appropriation Data

To be cited on individual task orders appropriations.

e. Block 27a and 27b

Block 27a is only applicable to the solicitation. Block 27b in lieu of 27a will be made applicable on the resultant contract. Accordingly, solicitation provisions FAR 52.212-1, 52.212-2, 52.212-3, 52.212-3 Alt I, DFARS 252.209-7001, 252-212-7000 and Addenda to FAR 52.212-1, Addenda to FAR 52.212-2, Addenda to

DFARS 252.212-7000, LP-100 and LP-102 thereto will be physically removed from the resultant contract, but will be deemed to be incorporated by reference in that award.

(End of Continuation)

Delivery Information

a. Place of Performance:

Bldg 1760, Misawa Air Base

b. Period of Performance:

Two (2) years to include one-year base period and one-year option period, if the option is exercised under the resultant contract as follows:

CLIN PERFORMANCE PERIOD

0001 Base Period One (1) year from 1 Oct 09 to 30 Sep 10

1001 Option Year One (1) One (1) year from 1 Oct 10 to 30 Sep 11

(End of Delivery Information)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.212-1 Instructions to Offerors--Commercial Items JUN 2008

52.212-3 Offeror Representations and Certification--Commercial Items JUN 2009

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items

(Jun 2009) Alternate I

APR 2002

52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984

52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.232-34 Payment By Electronic Funds Transfer--Other Than Central

Contractor Registration

MAY 1999

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.212-7000 Offeror Representations and Certifications- Commercial Items JUN 2005

252.212-7001 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders Applicable to Defense

Acquisitions of Commercial Items (Deviation)

JAN 2009

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment MAR 1998

CLAUSES INCORPORATED BY FULL TEXT

Addenda to FAR 52.212-1

A. FAR 52.212-1, para. (c), Period for acceptance of offers. Acceptance period is changed to read ―Sixty (60) calendar days‖.

B. FAR 52.212-1, para. (h), Multiple awards is changed to read ―The Government intends to make single award resulting from this solicitation, based on overall assessment of each proposals as stipulated in the provision FAR

52.212-2 of this solicitation‖.

C. The following paragraph is added as para. (m):

―Proposal Preparation and Submission Instructions.

To assure timely and equitable evaluation of the proposal, offerors must follow the instructions contained herein.

The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

(1) PRICE PROPOSAL

Insert proposed unit price, estimated item total and in Exhibit A and B, Pricing Schedules, and proposing total price for each contract period and aggregate amount in Section SF 1449-Continuation Sheet.

(2) PAST PERFORMANCE INFORMATION

(a) Quality and Satisfaction Rating for Contracts Completed in the Past Three Years: Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(b) Past Performance Surveys: The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the offeror and other sources such as other Federal government offices, GOJ, local municipal entity, and commercial sources, to assess performance. Provide a list of no more than ten (10) of the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years. Relevant performance includes performance of efforts involving maintenance and repair of land mobile radio equipments that are similar or greater in size, scope, magnitude and complexity than the effort described in this solicitation.

The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract referenced:

Block No. Description

1 Name and address of Prime Contractor.

2 Exact title of Contract/Service, and Contract Number.

3 Name and address of contracting activity.

4 Name and title of person to contact at the contracting activity.

5 Telephone number of point of contact (POC) in Block 4.

6 E-mail address of POC in Block 4 if known.

7 Brief service description including discussion as to its relevancy to this acquisition.

8 Dollar amount of service in Block 2 (include base price plus all options).

9 Period of performance and final contract completion date of service.

10 Place of Performance.

Name of key personnel who were involved in the service in Block 2 and will be involved in the service described in this solicitation. Insert "None" if there is none.

Name and address of the subcontractor which was involved in the service in Block 2 and will be involved in the service described in this solicitation. Insert "None" if there is none.

If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner.

If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

(c) Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. Requirements of the solicitation (Item Numbers) and Performance-based Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

(3) SF 1449 and REPRESENTATIONS & CERTIFICATIONS

(a) Complete blocks 12, 17a, and 30a, b, and c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments.

(b) Complete the necessary fill-ins and certifications in provisions. Attachment 3 of the solicitation, Representations and Certifications shall be returned along with the quotation if an offeror has not completed the annual representations and certifications electronically at the ORCA website IAW FAR 52.212-3‖.

(End of Addenda)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Price; and

(ii) Past performance

Past performance is approximately equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Addenda to FAR 52.212-2:

BASIS FOR CONTRACT AWARD: This is a competitive best value source selection in which competing offerors' past performance history will be evaluated on a basis approximately equal to cost or price considerations. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

A. Price Evaluation. First, the government shall rank all offers by price, including any option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in Pricing Schedule by the unit price for each line item to confirm the extended amount for each. The price evaluation will document reasonableness of the proposed total evaluated price.

B. Performance Confidence Assessment. The contracting officer shall seek recent and relevant performance information on all based on (1) the past and present information provided by the offeror and (2) data independently obtained from other Government and commercial sources.

(1) "Recent" used in this solicitation is defined as performance occurring within the last three (3) years.

(2) "Relevant" used in this solicitation means the performance being considered must have a logical connection to the work described in this solicitation. "Relevancy" of the past performance information are defined as indicated in the table below:

C. Relevant performance includes performance of efforts involving Maintenance and Repair of Land Mobile

Radios that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation.

The Government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receives a ―substantial confidence‖ performance assessment rating. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in this RFP, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or

Unknown Confidence (see the rating table for performance confidence assessments shown below). Past performance regarding key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement will be rated as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history or the offerors performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably.

PERFORMANCE RELEVANCY DEFINITION TABLE

Relevancy Definition

Very Relevant Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance contractual effort involved some of the magnitude of effort and complexities than this solicitation requires.

Not Relevant Present/past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.

PERFORMANCE CONFIDENCE ASSESSMENTS

D. In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this RFP.

E. If the lowest priced offer is judged to have a "Substantial Confidence" performance confidence assessment, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

F. If the lowest priced offeror is not judged to have a "Substantial Confidence" performance confidence assessment, the next lowest priced offeror will be evaluated and the process will continue (in order of price) until an offeror is judged to have a "Substantial Confidence" performance assessment or until all offerors are evaluated. The

Source Selection Authority shall then make an integrated assessment best value award decision.

G. Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit meaningful assessment of past performance. Offeror’s may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

H. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

Addendum to FAR 52.212-4

Rating Description

SUBSTANTIAL CONFIDENCE Based on the offeror’s performance record, the government has a high expectation that the offeror will successfully perform the required effort.

SATISFACTORY CONFIDENCE Based on the offeror’s performance record, the government has an expectation that the offeror will successfully perform the required effort.

LIMITED CONFIDENCE

Based on the offeror’s performance record, the government has a low expectation that the offeror will successfully perform the required effort.

NO

CONFIDENCE

Based on the offeror’s performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.

UNKNOWN CONFIDENCE No performance record is identifiable or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned.

IG 5.5.2.2

../../My%20Documents/09-R-0015%20PWCS/A-14%20RFP/FAR%2052.212-2%20Evaluation.docx#ig5532

FAR 52.212-4 is tailored as follows:

A. FAR 52.212-4, para. (k), Taxes is changed to read:

"Exemption from Japanese Customs, duties and taxes. Resulting contract shall be exempt from customs duties of

Japan in accordance with Article XI and XII of the Status of Forces Agreement between the United States of

America and Japan. Offeror is required to complete para. d. of LP-102 entitled "Exemption from Japanese Customs

Duties and Taxes Pursuant to Status of Forces Agreement "for certification". This is applicable to Japanese contractors.

(End of Addendum)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2009) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the 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 the 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 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.

(b)(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 (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1

(41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O.

13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (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). (Not applicable until September 8, 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)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued during the following period:

From 1 Oct 2009 thru 30 Sep 2010 for Base Period; and

From 1 Oct 2010 thru 30 Sep 2011 for Option Year One.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of the estimated total amount of the ELIN resulting from the contract award;

(2) Any order for a combination of items in excess of the total estimated amount for each contract year resulting from the contract award; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the dates specified below:

15 Oct 2010 for Base Period;

15 Oct 2011 for Option Year One.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty

(60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two

(2) years and six (6) months.

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES

(DEC 2004)

(a) Definition. As used in this clause--

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American

Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or

(g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the

Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the

United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant

Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the

Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United

States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-

Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC

20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal

Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of

Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United

States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

LP-100 PROVISIONS/ADDENDA APPLICABLE TO SOLICITATION

Provisions FAR 52.212-1, 52.212-2, 52.212-3 with Alt I and DFARS 252-212-7000, Addenda to FAR 52.212-1, and para. LP-100 and LP-102 will be physically removed from the resultant contract; however, deemed to be incorporated by reference in the resultant contract.

(End of provision)

LP-102 EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS

OF FORCES AGREEMENT

a. Paragraph 2, Article XI of the Status of Forces Agreement between Japan and the United States authorizes the

United States entry into Japan free from Japanese customs duties and other charges, all materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces.

b. Paragraph 3, Article XII of said Status of Forces Agreement authorized the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces. Currently these taxes are (a) Consumption Tax; (b) Gasoline Tax and Local

Road Tax on Gasoline; (c) Diesel Oil Tax.

c. If you are the successful offeror, the Contracting Officer or his/her authorized representative will issue customs or tax exemption certificates as appropriate, relieving you from such customs duties or taxes in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for motor fuel will be issued only after consumption of the motor fuel, either at the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption.

d. List below the customs duties or taxes which have been excluded from your proposal as required by addenda to

FAR 52.212-4(k):

Customs Type of Commodity Amount of Duty

Duty or Tax and Percentage of Tax or Tax Excluded

Consumption Tax 5% ¥

Gasoline ¥53.80 per litter ¥

Diesel ¥32.10 per litter ¥

Total ¥

(End of Tax Exemption)

ADDENDA TO DFARS 252.212-7000

The certification in paragraph (b) of the provision at 252.212-7000 does not apply to this solicitation.

NOTES: APPLICABILITY OF CLAUSE

FAR 52.222-3, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-39, 52.232-33, and DFARS

252.232-7003 are applicable to United State Offerors only. FAR 52.232-34, Addendum to FAR 52.212-4, Addendum to DFARS 252.212-7000 and LP-102 are applicable to Japanese Offerors only. All other clauses are applicable to both United States and Japanese Offerors.

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Performance-based Work

Statement

18 08-JUL-2009

Attachment 2 Reps and Certs 4 20-JUL-2009

Attachment 3 Performance Plan 5 08-JUL-2009

Exhibit A -B Pricing Schedules 2 08-JUL-2009

Notes:

1: Attachment 1 will be physically included in the resultant contract as a part of the contract.

2: Offeror's Representation & Certification made on Attachment 2 will be physically removed from the resultant contract, however, deemed to be incorporated by reference in the contract.

3. Attachment 3, Performance Plan will be physically removed from the resultant contract.