12T0078 Paper Cutting Machine.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS I1.REQUISITIONNUM8ER

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30 FF52()92()!Iffi:X

2- CONTRACT NO. aA\II8\RDIEFFECTIVE DATE 14 ORDER NUMBER 5. SOUCITATION NUMBER 6. SOUCITATION ISSUEDATE

FA5209-12-T-0078 17-Apr-2012

7. FOR SOUCITATION a.NAME b. TELEPHONE NUMBER (NoCoIlfJdCalls) ~. OFFER DUEDATEIUlCAL TIME

INFORMATION CALL: TAKASHI UECHl 225-6261 10;00 AM 02 Way 2012

9. ISSUED BY CODE I FA5209 10. THIS ACQUISIllON IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

~UNRESTRICTED DESTINATION UNLESS

374TH CONTRACTING SQUADRON

BLOCK IS MARKED

UNIT 5228, BLDG 620, YOKOTA AB SET ASIDE: % FOR

FUSSA-SHI, TOKYO 197·0001 JAPAN

D SEE SCHEDULE

HUBZONE S8 D 130. THIS CONTRACT IS A RATED ORDER

8(A)

UNDER DPAS (15 CFR 700)

13b. RATING SVC·OISABlED VET-OWNED SB

TEL, 14. METHOD OF SOLICITATION

EMERGING SB 0 RFQ DIFB DRFP FAX: SIZE SID: NAICS: 333291

15. DELIVER TO CODE

374FSSFSR """' 16. ADMINISTERED BY CODE

UNIT 5119

APO AI' 00328-5119 UNITED STATES

TEl.: '''''

17a.CONTRACTOR/OFFEROR CODE I 18a. PAYMENT Will BE MADE BY CODE I

TEL.

FACILITY I

CODE

D 17b. CHECK!F REMfTTANCE!S DlFFffiENT AND FUr

SUCHAOORESS IN OFFER

180. SUBIVtiT mOleES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK saow IS CHECKED 0 SEEADDENIJl.IIv1

19. nBv1 NO. 20. SCHEDULE OF SUPPLIES! SERIIICES 21.QUANmY 22. UNIT 23. UNIT ffilCE 24. AIVIOUNT

SEE SCHEDULE

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

D 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212_5 ARE ATTACHED. ADDENDA DARE DARE NOT ATTACHED o 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATrACHEO. ADDENDA GRE DARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES 29. AWARD OF CONTRACT: REFERENCE

0TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE iDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

D OFFER DATED . YOUR OFFER ON SOLICITATION

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

SUBJECTTO THE TERMS AND CONDITIONS SPECIFIED HEREIN. SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS:

30a. SiGNATURE OF OFFEROR/CONTRACTOR 3la.llNlTEIl STATES OF J\MElUCA (SlGNATURE OF CONTRACTING OFFICER) 31<:. DATil SIGNIm

30b. NAMEAND1TfLEOFSIGNER

(TYPE OR PRINT}

AUTHORIZED FOR LClCA.L REPRODUCTION PREVIOUS EDITlON IS NOT USABLE

30c. OA. TE SIGNED 3lb. NAME OF CONTRACTING OFFICER

TEL:

(TYPE OR PRIIIT)

EMlUL:

STANOA.RD FORM 1449 (REV 312005)

Prescribed by GSA

FAR (48 CFR) 53.212

SOLICIT ATIONICONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2 OF15

(CONTINUED)

19. ITEM NO. 20. SCHEDULE OF SUFPLIESJ SffiVlCES 21. QUANTnY 22. UNIT 23. UNrr PRICE 24. AMOUNT

SEE SCHEDULE

32<1. QUANTITY IN COLUMN 21 HAS BEEN o RECEIVED D INSPECTED ~

CCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNA1URE OF AU1HORIZED GOVERNMENT 3Zc. DATE 32d. PRINTED NAME AND l1TLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATlVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35, AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR D COMPLETE D PARTIAL OFINAL I PARTIAL I I FINAL

38. SIR ACCQUNTNUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

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

41b. SIGNAnJRE AND TITLE OF CERTIFYING OFFICER

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

41c. DATE

42a, RECEIVED BY (Print)

42b. RECEIVED AT (LO~illion)

42c. DATE REC'O (YYIMMIDD) r2d. TOTAL CONTAINERS

STAN!y\RO FORM 1449 (REV 312005) BACK Prescribed by GSA

FAR (48 CFR) 53.212

FA5209-12-T-0078

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

New Paper Cutting Machine

FFP

1 Lump Sum

New Paper Cutting Machine in accordance with the specifications in the attachment 1, Government Minimum Characteristic Items Infonnation.

Removal afthe Existing Paper Cutting Machine for Trade-in and Deliveryllnstallation of the new machine must be included in this Contract Line Item (eLIN) 000 I (100% NAP Fund)

FSC:3610

PURCHASE REQUEST NUMBER: FF520920890001

SIGNAL CODE: A

CLAUSES INCORPORATED BY FULL TEXT

Addenda to Block 273 of SF 1449

SCHEDULE

NETAMT

SUPPLIES OR SERVICES AND PRICES/COSTS:

CONTRACTOR SHALL PROVIDE ALL NECESSARY PERSONNEL, SUPERVISION, MANAGEMENT,

TOOLS, EQUIPlvIENT, TRANSPORTATION, MATERIALS AS DESCRIBED IN THE ATTACHMENT 1-

GOVERNMENT MINIMUM CHARACTERISTICS ITEM INFORMATION AND ANY OTHER ITEMS.

Note 1: The government contemplates award ofa Finn Fixed-Price contract resulting from this solicitation.

Note 2: Solicitation provisions will be physically removed from any resultant award, but will be deemed to be incorporated by reference in that award.

Addenda to SF 1449

Block 17b of SF 1449, Remittance Address:

AMOUNT

Page 4 , Irthe remittance address is dilTerent rrom the mailing address, enter the remittance address below. Failure to provide this inrornlation may impact payment.

Block 18b orSF 1449, submit invoices to the rollowing address:

374th FSS Marketing, Print Shop 374 FSSiFSK Unit 5119, Bldg 1295, Yokota Air Base, Fussa-shi, Tokyo 197-0001

Block 25, SF 1449, Accounting and Appropriation Data:

Accounting and Appropriation Data will be cited in the resul tant Contract.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLiN lNSPECT AT 0001 Destination

DELIVERY INFORMATIQN

CLiN DELIVERY DATE

0001 60 dys. ADC

NAFI GENERAL PROVISIONS

INS PECT BY

Government

ACCEPT AT

Destination

QUANTITY SHIP TO ADDRESS

374th FSS Marketing, Print Shop

374 FSS/FSK

Unit 5119, Bldg 1295, Yokota Air Base, Fussa-shi, Tokyo 197-0001 FOB: Destination

ACCEPT BY

Government

UIC

SEESCHE

I. DEFlNlTlONS (JAN 2005) - As used throughout th is contract, the rollowing tenns and abbreviations have the meanings set rorth below:

n. The tenn "contract" means this agreement or order and any Illodifications hereto.

b. The abbreviation "NAFI" means Nonappropriatcd Fund Instrumentality or the United States Government.

c. The tenn "Contracting Officer" means the person executing or responsible ror administering this contract on behalr orthe NAFI, which is a party hereto, or their successor or successors.

d. The tenn "Contractor" means the party responsible ror providing supplies andlor services at a certain price or rate to the NAFI under this contract.

FAS209-12-T-0078

Page 5,

e. The abbreviation "FAR" means Federal Acquisition Regulation.

2. DISPUTES (NOV 2005)

a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive;

provided that jf no such appeal is filed, the decision of the Contracting Officer shaH be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the perfoooance ofthe contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer.

b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification.

"I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor."

c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

3. LAW GOVERNING CONTRACTS (JAN 2005) ~ In any dispute arising out ofthis contract, the decision of which requires consideration oflaw questions, the rights and obligations of the parties shall be interpreted and detennined in accordance with the substantive laws of the United States of America.

4. LEGAL STATUS (JAN 2005) ~ The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States.

5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a detennination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period ofthe contract and until the expiration of three years after the final payment.

6. ASSIGNMENT (JAN 2005) ~ The Contractor or its assignee's rights to be paid amounts due as a result of perfonnance of this cOntract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written teoos of the assignment have been approved in writing by the Contracting Officer.

7. GRATUITIES (JAN 2005)

a. The NAFI may, by written notice to the Contractor, tenninate the right of the Contractor to proceed under this contract ifit is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the fotID of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the

F AS209-12-T -0078

NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract.

h. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

c. The rights and remedies of the NAFI 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.

8. TERMINATION FOR CONVENIENCE (JAN 2005) - The Contracting Officer, by written notice, may tenninate this contract, in whole or in part, when it is in the best interest of the NAFJ. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2.

9. CANCELLATION BY MUTUAL AGREEMENT (JAN 2005) - Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract.

10. TERMINATION FOR CAUSE (JAN 2005)

a. (1) The NAPI may, subject to paragraphs (c) and (d) below, by written notice of cause to the Contractor, tenninate this contract in whole or in part if the Contractor fails to-

(i) Deliver the supplies or perform the service within the time specified within this contract or any Extension;

(ii) Make progress, so as to endanger perfonnance ofthis contract (but see subparagraph (a)(2) below);or

(iii) Perfonn any of the other provisions of this contract (but see subparagraph (a)(2) below).

(2) The NAFl's right to tenninate this contract under subdivisions (l )(ii) and (1 )(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure.

b. Ifthe NAFI terminates this contract in whole or in part, it may acquire, under the tenns and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to, the NAPI for any excess costs for those supplies or services. However the Contractor must continue the work not tenninated.

c. The Contractor shaH not be liable for any excess costs if the failure to perfoml the contract arises [rom causes beyond the control and without the mult or negligence ofthe Contractor. Examples of such causes include

(1) acts of God or of the public enemy, (2) act of the NAPI in either its sovereign or contractual capacity, (3) fires,

(4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and; (9) unusually severe weather. Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence ofthe Contractor.

Page 7,

d. Ifthis contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the NAFI as directed by the Contracting Officer, any

(1) completed supplies, and

(2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction ofthe Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest.

e. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause.

The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of Olltstanding liens or claims of former lien holders.

f. If, after termination, it is detennined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the NAFI.

g. The rights and remedies of the NAFI in tllis clause are in addition to any other rights and remedies provided by law or under this contract.

11. INSPECTION AND ACCEPTANCE (JAN 2005) - Inspection and acceptance will be at destination, unless otherwise provided in this contract. Not withstanding the requirements [or any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAPl, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract confonn to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. The Contractor shall only tender for acceptance those items that conform to tile 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 nonconfonning supplies or reperformance of nonconforming services at no increase in contract price. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the fifth working day following delivery of the supplies or services, unless otherwise specified in this contract.

12. VARIATION IN QUANTITY (JAN 2005) - No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer.

13. PARTIAL DELIVERIES (JAN 2005) - Partial deliveries are not permitted unless authorized by the terms of the contract or approved by the Contracting Officer.

14. PAYMENTS (JAN 2005) ~ Partial payments will be made when deliveries are authorized or as approved by the Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the Prompt Payment Act, as amended, and as implemented for NAFl's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment.

15. HOLD AND SAVE HARMLESS (JAN 2005) - The Contractor shall indemnify. hold and save harmless, and defend the NAFI, its outlets and customers from any liability, claimed or established for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products or services listed in this contract, except for such claims or damages caused by, or resulting from negligence ofNAFI customers, employees, agents, or representatives. Also. Contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits, claims, FA5209-1 2-T-0078

Page 8 f charges, and expenses wh ich arise out of acts or omiss ions of Contractor, its agents, representatives, or employees.

16. MODIFICATIONS (JAN 2005) - No agreement or understanding to modify thi s contntct will be binding upon the NAF I unless made in writing and signed by a Contracting Officer from the office that issued the contract or its successor.

17. RESERVED

18. PROOF OF SHIPM ENT (J AN 2005) - (Applicable to shipments outside the United States through the Surface Deployment and Distribution Command (SDDC) and Parcel Post shipments to overseas destinations.)

a. Notwithstanding any clause of thi s contract to the contrary, payment will be made for items not yet received, upon receipt of an invoice accompanied by an appropriate proof of shipment. If shipment is made by insured parcel post, the contractor must fumish a copy of the Insured Mail Receipt issued by the US Postal Service. Otherwise, a stamped copy of a Certificate of Mailing issued by the US Postal Service must be fumi shed. If shipment is made by a common carrier (rail , air or motor freight), the Contractor must furni sh a signed copy of the shipping document on which items are receipted for by the common carrier. A signed receipt by a NAFI representative at the delivery point (CCP or POE) is also acceptable evidence of proof of shipment.

b. Forwarding a proof of shipment and an invoice fo r payment by the Contractor shall be construed as a cert ifi cation by the contractor that the items shipped conform to the specifications.

c. Notwithstanding any provisions of this clause or any payment made pursuant to the terms of thi s clause prior to receipt of the items contracted for, the NAFI retains the right to inspect upon receipt and the right to reject nonconforming items. The liability of the Contractor with respect to items for which payments have been made will , aner inspection by the NAFI or aner the expiration of a reasonable time following delivery to the NAFI within which inspection may be made. whichever occurs fi rst, be limited to (i) exceptions taken at the time of inspection, and (ii) latent defects, fraud , or such gross mistakes as amount to fraud.

19. COMMERCIA L WARRA NTY (JAN 2005) - The Contractor agrees that the supplies or services furn ished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be providcd to the NAFI with the deli very of any supplies covered.

20. ADVERTISEMENTS (JAN 2005) - Contractor agrees that none of its nor its agent's advertisements, to include publications, merchandi se, promotions, coupons, sweepstakes. contest, sales brochures. etc, shall state, infer or imply that the Contractor's products or scrviccs arc approved. promoted, or endorsed by the NAFI. Any advertisement, including cents-off coupons, which refers to a NAFI will contain a statement that the advertisement is neither paid fo r, nor sponsored in whole or in part by, the part icular activity.

2 1. DISCOUNTS FOR PROMPT PA YMENT (JAN 2005)

a. Di scounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will fo rm a part of the award, and will be taken ifpayment is made within the discount period indicated in the ofTer by the oITeror. As an alternative to oITering a prompt payment discount in conjuncti on with the oITer, ofTerors awarded contracts may include prompt payment discounts on individual invoices.

b. In connection with any discount oITercd for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a datc on the invoice, the due date shall be calculated from the dale the designated billing offi ce receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of reccipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the speci fi ed payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices arc closed and Government business is not expected to be conducted, payment may be made on the fol lowing business day.

22. INVOICES (JAN 2005),

a. An invoice is a wrillen request fo r payment under the contract for suppl ies del ivered o r for services rendered. In order to be proper, an invoice should include (and in order 10 support the pllyment of interest penalties, must include) the fo llowing:

(i) [ovoioo d"tc;

(ii) Name of Contractor;

(iii ) Contract number (including order number, if any), contract line item number, contract description of suppli es or services, quantity, contract un il of me as lire and unit price, and ex tended tOlal ;

(iv) Shipment number and date of shipment (Bill of Lading number and weight of shipment will be shown for shipments on Government Bills of Lading);

(v) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

(vi) Name (where practicable), ti tle, phone number and mailing address of person to be noti fi ed in event of a defective invoice; and

(vii) Any other info nnation or documentation required by other provisions of the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked "Orig inal" ) unless otherwise speeified.

b. For purposes of detennining if interest begins to accrue under the PROM IYf PA YM ENT ACT (PUBLI C LA W 97-177),

(i) A proper invoice will be deemed to have been received when it is received by the offi ce designated in the contract for receipt of invoices and acceptance of the supplies delivered or scrvices rendered has occurred.

(i i) Payment shall be considered made on the date on whieh a check for such payn1ent is dated.

(iii) Payment temlS (e.g., "Net 20") offered by the contractor will not be deemed Required payment dates.

(iv) The following periods oftime will not be included:

(A) After receipt of improper invoice and prior to notice orany defect or impropriety, but not to exceed three days for meat and meat food products, five days for perishable agricultural commodities, and 15 days in all other cases, and

(B) Between the date ofa notice o r any defect or impropriety and the date a proper invoice is received.

When the notice is in writing, it shall be considered made on the dale shown on the notice.

23. ELECTRONIC FUN D TRANSFER PA YMENTS (AUG 2007) - Federal law 3 1 USC requires Federal payments to be made by electronic fund transfer. Any payment made on Ihis contract will be made using the Government Purchase Card as Ihe method of EFT (unless otherwise specified wi thin the contract or exempted by law).

24. NOTIFICATION OF DEBARMENT/SUSPENS ION STATUS (JAN 2005) - The Contractor shall provide immediate notice to the Contracting Officer in the event of being suspended, debarred or declared ineligibl e by any other Federal Department or agency, or upon receipt ofa notice of proposed debarment from another DOD Agency, during the perfommnce of this contract.

25. NON WA IVER OF DEFAULTS (JAN 2005) - Any failu re by the NA FI at any time, or from time \0 time, to enforce or require strict perfonmlOce of any tenns or conditions of th is contract wi ll not consti tute waiver thereof and will not affect or impair such tenns or conditions in any way or the NAFI's right at any time to avail itsel f of such remedies as it may have for any breach or breaches of such terms and conditions.

CLAUS ES INCORPORATED BY FULL TEXT

Addenda to Block 27n of SF 1449

LIST OF DOCUMENTS. EXHIBITS, OR ATTACHMENTS:

No. Description Date Number of Pages

I. Government Minimum Characteristics Item In fonnation N/A 2

[VALUATION

This is a compet itive best vil lu e source selection in which the Government will award a contract resulling from this solicit ation to the responsible offeror whose ofTer conforming to the solicitlttio n will be most advantageous to the Gove rnment, price, and other factors considered . The Government intends to make :Iwnrd to the lowest priced technically acceptable offeror. The Government intends to award without discussions with respective offerors. The Governm ent, howcve r, reserves the right 10 conduct disc ussio ns if dee med in its best interest. The following listed are eva lu atio n factors that shall be used in the e, 'aluation I)rocess:

1. Price

2. Technical Accept llbility: All offerors shlill su bmit tec hnical desc ription of Ihe items being offered in sufficient detail to eva lua te co mplinnce with the requirements in this solicit ation .

U) '" iti.liy, Tec h"ica' Ace,,,"bility "ill be "<cd ,, " met" 0' "(.iled" by 374FSSlFSK. Tec h"ica' acceptabi li ty is met when the offeror provides proof that the products mect the minimum standa rds stated in the At tachmen t J - " GOVE RNl\lENT MINIM UM ITEM CHARACfERISTCS INFORMATION" and qua lity products based on product literature or other documents (i.e., products brochures and/or products catalog data).

(H) Next, technically acccptllb ic offers shall be ranked uccording 10 evaluated prices. The price eva lua tion will docum ent for the offers eVll lu lllcd the completeness, and rClIso nableness of the proposed price. Incomplete or unreasonable offers shall be rejected and eliminated from furt her cons id eration . A sin gle aW1ITd will resu lt from the lowest evn lu ated price of proposa l.

(b) A ' H ill en notice of award or accepta nce of an offer, mailed or otherwise furnished to the successful offe ror wilhi n the time for accepta nce specified in the orrer, shall result in a binding co ntract witho ut further action by either part)'. Defore the offer's Sl)ccifi ed eXI)iratio n lime, the Government may accept a n offer (or pllrt of an offer), wheth er or not th ere nre negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAS209-l2-T-0078

Page II -

(End of Provision)

REP&CERTS

REPRESENTATIONS, CERTIFICATIONS, AND OTI-IER STATEMENTS OF OFFERORS OR QUOTERS

The offeror represents and certifies as part of the offer that: (Check or complete all applicable hoxes or blocks.)

1. TYPE OF BUSINESS ORGANIZA nON (JUN 2001) The offeror or quoter, by checking the applicable box, represents that:

(a) it operates as () a corporation incorporated under the laws of the State of , () an individual, ( ) a partnership, ( ) a nonprofit organization, or ( ) a joint venture.

(b) if the offeror or quoter is a foreign entity, it operates as () an individual, () a partnership, ( ) a nonprofit organization, ( ) a joint venture, or ( ) a corporation registered for business in ~ _________ _ (country)

2. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (JUN 200l).

The offeror represents that-

(a) It () has, () has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 301 of Executive Order No.1 0925, or the clause contained in Section 201 of Executive Order No. 11114;

(b) It ( ) has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards.

3. AFFIRMATIVE ACTION COMPLIANCE (JUN 2001). The offeror represents (a) it () has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affinnative action programs required by the rules and regulations of the Secretary of Labor (41 CPR 60~1 and 60~2), or (b) it ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

4. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (JUN 200l).

(a) The offeror certifies that~

(l) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case ofa sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory~

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(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(I) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(J) through (a)(3) above:

[insert full name ofperson(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certifY that the principals named in subdivision (b)(2}(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a){l) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the offeror deletes or modifies subparagraph (a) (2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

5. BUY AMERICAN - TRADE AGREEMENTS - BALANCE OF PAYMENTS PROGRAM CERTIFICATE

(JUN 2001).

(a) The offeror hereby certifies that each end product, except the end products listed in paragraph (b), is a domestic end product (as defined in the clause entitled "Buy American Act--, Trade Agreements Act--, and Balance of Payments Program") and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States, a designated country, a North American Free Trade Agreement (NAFTA) COlUltry, or a Caribbean Basin country, as defined in section 25.401 ofthe Federal Acquisition Regulation.

(b) Excluded End Products

Line Item No. Country of Origin

(List as necessary)

(c) Offers will be evaluated by giving certain preference to domestic end products and foreign qualifYing country end products, NAFT A country end products, and Caribbean Basin country end products over other end products. In order to obtain these preferences in the evaluation of each excluded end product listed in paragraph (b) ofthis provision, offerors must identifY and certify below those excluded end products that are designated or NAFTA country end products, or Caribbean Basin country end products. Products that are not identified and certified below will not be deemed designated country end products, NAFTA country end products, or Caribbean Basin country end products. Offerors must certifY by inserting the applicable line item numbers in the following:

(i) The offeror certifies that the following supplies qualifY as "designated ofNAFTA country end products" as those tenus are defined in the clause entitled "Buy American Act -- Trade Agreements Act -- Balance of Payments for Program":

(insert line item no.)

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(i i) The oITeror certifies thut the following supplies qualify as "Caribbean Basin country end products" as Ihat tenn is defined in the clause entitled "Buy American Act - Trade Agreements Act · Balance of Pay men Is Program:

(insert line item no.)

(d) Offers will be evaluated in accordance with Part 25 of the Federal Acq uisition Regulation.

6. PAYMENT ADDRESS. OfTeror must sct forth the address where payment is to be made if the address is di fferent than indicated in Block 17a of SFI449 page I.

Payment is to be made to :

(Name of Finn)

(By)

7. ACKNOW LEDGEMENT OF AMENDM ENTS

The ofTeror acknowledges reccipt of Amendments 10 solicilalion for offers und re lated documents !Hun· bers und dated as fo llows

Amendment No. Date

8. AUTHORIZED NEGOTIATORS (JUN 200 1)

The offeror or quoter represcnts that the fol lowing persons are authorized to negotiate on ils behalf with the NA FI in connection with thi s request fo r proposals or quotat ions: (l ist numes. ti tles, and telephone numbers of the authorized negotiators].

9. CE RTIFI CATION REGARDING DEBARMENT, SUS PENS ION, PROPOSED DEBARM ENT, AN D

OTHER RES PONSIBILITY MATTERS (JUN 2001)

(a)(l) The ofTeror cert ifies, to the best of its knowledge and bel ief, that -

(i) The offcco, aodio' aoy of ilS P,ieo ip,l, -

(A) Are ___ are not ___ presently debarred, suspended, proposed for debarment, or dec lared ineligible fo r the award of contracts by and Fedcral Agency;

(B) Have ___ have not ___ , within a three·year period preceding this offer, been convicted of or had a civil judgment rendered against them for: comm ission of fraud or a criminal ofTense in conncrtion with obtaining, allempling 10 obtain, or performing a publ ic (Federal, state or local) conlract or subcontract violation of Federal or state antitrust stalutes re lating to the submission of offers; or commission of embezzlement, theft, fo rgery, bribery, falsification or destruction of records, making false statements, or receiving stolcn properly; and

(C) Are ___ arc not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, cOlllmission of any of the offenses enumerated in subdi vision (aX I)(i)(8 ) of this provision.

(ii) The offeror has has not , within a three-year period preceding this ofTer, had one or more contracts terminated for default by any Federal agcncy.

(2) "Principals," fo r the purposes of this ccrtification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibi lities wi thin a business enti ty (e.g., general manager; plant manager; head of a subsidiary, division, or busincss segment, and similar positions).

TI·II S CERTIFICATION CONC ERNS A MA TIER \v ITI·II N THE JURlSDICTI ON OF AN AGENCY OF THE UN ITED STATES AND THE MA KING OF A FALSE, FICTITIOUS, OR FRAUDULENT CE RTIFICATION MA Y RENDER THE MAKER SU BJ ECT TO PROSECUTION UNDER SECTION 100 I, TITLE 18, UNITED

STATES CODE.

(b) The offeror shall provide immediate wri tten notice to thc Contracting O ffi cer if, at any time prior to contract award. the offeror learns that its certification was erroneous whcn submitted or has become crroneous by reason of changed circumstances.

(c) A certification that any of the itcms in paragraph (a) of this provision exists will not nccessarily result in withholding of an award undcr this solicitation. However, the cert ification will be considered in connection with a detennination of the offeror's responsibility. Failure of the offeror to furn ish a cert ification or provide such additional information as requested by the Contracting Officer may render the offeror nonrcsponsible.

(d) Nothing contained in the fo regoing shall be constmed to require establishment ofa system of records in order to render, in good fa ith, the certificat ion required by paragraph (a) of this provision. The knowledge and infonnation of an offeror is not required to exceed that which is nomlally possessed by a pmdent person in the ordinary eourse of busi ness dealings.

(e) The cert ifi cation in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certification, in ndd ition to other remedies available to the NAFI, the Contracting Officer may tenninate the contract resulting fro m this solicitation fo r defnult.

10. TAXPA YER IDENTIFICATION (JUN 2001)

(a) Definitions.

"Common parent," as used in this solicitation provision. means that corporate enti ty that owns or controls an affi liated group of corporat ions that fil es its Federal ineome tax returns on a consolidated basis, and of which the offeror is a member.

"Corporate status," as used in this solic itation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (c.g., sole proprietorship or partnership), or a eorporat ion provid ing medical and health care services.

"Taxpayer Identification Number (TIN)," as used in this solicitntion provision, means the number requi red by the I RS to be used by thc offeror in reporting incomc tax and other rctums.

(b) All offerors are required to submit the information required in paragraphs (c) through (e) of this sol icitation provision in order to comply with reporting requirements of26 U.S.c. 6041 , 604 1 A, and 6050M and implementing regulations issued by the Intemal Revenue Service (IRS).

(c) Tax payer Identification Number (TIN).

_ TIN:,~~_-,c-,.,,- _ TIN has been applied for.

_ TIN is not required because:

F A5209-12-T -0078

Page 15, _ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct ofa trade or business in the u.s. and does not have an office or place of business or a fiscal paying agent in the U.S.;

government;

(d) Corporate Status.

_ Offeror is an agency or instrumentality of a foreign government;

_ Offeror is an agency or instrumentality of a Federal, state, or local

Other. State basis.

_ Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;

_ Other corporate entity;

_ Not a corporate entity;

_ Sale proprietorship _ Partnership _ Hospital or extended are facility described in 26 CFR 501(c){3) that is exempt from taxation under 26 CFR 501{a).

(e) Common Parent.

_ Offeror is not owned or controlled by a common parent as described in paragraph (a) of this clause.

_ Name and TIN of common parent:

Name __________________ __

TIN

(End of provision)