SOLICITATION FA568208R0003.doc

Section SF 1449 - CONTINUATION SHEET

Each

BASIC PERIOD

FFP

BASIC PERIOD FROM 1 Oct 08 THROUGH 30 Sep 09.

(Subject to clauses 52.217-8, 52.217-9 and 52.232-18)

Contractor shall provide all manpower, equipment, tools, parts, transportation and supervision to perform services in accordance with the document listed in the attachments entitled: Performance Work Statement (PWS) Maintenance of Automatic Fire Detection/Suppression Systems Aviano & Ghedi (Brescia) Air Bases, Italy.

FOB: Destination

NSN: J049-FI-REA-SYST

PURCHASE REQUEST NUMBER: F1F3B18199A001

SIGNAL CODE: A

ESTIMATED

NET AMT

0001AA

ORDINARY MAINTENANCE SERVICES - AVIANO

Performance of services at Aviano Air Base to all systems components of the PWS Appendix "A" except the additional services and documentation for the accreditation requirements of the Medical Treatment Facility (bldg 121)), Section X (Ghedi Air Base) and Sections XI and XII (Facilities under renovation or construction), and excluding PWS services of paragraphs 1.4.2, 2, 3 and 6:

FOB: Destination

ESTIMATED

0001AB

ORDINARY MAINTENANCE SERVICES – GHEDI

Performance of services at Ghedi Air Base to all systems components of the PWS Appendix "A" Section X (Ghedi Air Base) excluding PWS services of paragraphs 1.4.2, 2, 3 and 6:

FOB: Destination

ESTIMATED

0001AC

EMERGENCY RESPONSE - AVIANO

Performance of all services of paragraph 3 of the PWS at Aviano Air Base to all systems components of all facilities listed in PWS Appendix "A" except Ghedi Air Base.

NORMAL DUTY HOURS AND DAYS (Est. 150 calls and 560Hrs):

Fee (Includes time and transportation e costs)Euro ________________/Call

On Site Personnel Rate Euro ___________________/Hr

AFTER NORMAL DUTY HOURS (Est.: 50 calls and 80 Hrs):

Fee (Includes time and transportation costs) Euro _________________/Call

Personnel Rate Euro ___________________/Hr

FOB: Destination

ESTIMATED

0001AD

EMERGENCY RESPONSE - GHEDI

Performance of all services of paragraph 3 to all systems components of the PWS to all facilities listed in PWS Appendix “A” Section X (Ghedi Air Base).

NORMAL DUTY HOURS AND DAYS (Est.: 12 calls and 160 Hrs):

Fee (Includes time and transportation costs)Euro ________________/Call

On Site Personnel Rate Euro ___________________/Hr

AFTER NORMAL DUTY HOURS (Est. 4 calls and 48 Hrs):

Fee (Includes time and transportation costs) Euro _________________/Call

Personnel Rate Euro ___________________/Hr

FOB: Destination

ESTIMATED

0001AE

SPARE PARTS

Furnishing of spare parts in excess of unit price of Euro 150.00.

To be reimbursed at the applicable discount rates of exhibit 1 herein, to the applicable manufacturers price list in effect at time of the individual service task performance.

(Estimated Not to exceed amount for offer evaluation purposes only Euro 14,229.00 - $US18,000.00 - NOT BINDING TO AWARDED CONTRACT)

FOB: Destination

Not to Exceed

0001AF

TECHNICAL ASSISTANCE .

Performance of all services of the PWS paragraph 6 at all facilities listed in PWS Appendix “A”.

(1) On Site Assistance/Survey Euro ___________________/Man Hr

(2) Generation of Facility Records (New facility records, Manuals or Drawings) Euro ___________/Man Hr

(3) Documentation, other than Drawings, Euro _________________/sheet

(4) Drawings (AUTOCAD) Euro _______________/sheet

(5) Documentation on electronic media Euro ______________/copy

(Estimated quantities for offer evaluation purposes only - NOT BINDING TO AWARDED CONTRACT:

(1) 1,000

(2) 680

(3) 10,000

(4) 400

(5) 15 )

FOB: Destination

Not to Exceed

Lot

ACCREDITATION SERVICES – MTF

MTF=MEDICAL TREATMENT FACILITY

Performance of all additional services and furnishing of all documentation above those of ITEM 0001AA that are needed for accreditation purposes. PWS Appendices “C” through “E”, to all systems components of Section VII (Medical Treatment Facility (bldg 121)) excluding PWS services of paragraphs 3 and 6 .

FOB: Destination

ESTIMATED

0002AA

MTF ACCREDITATION SERVICES

QUARTERLY INSPECTION, TESTING AND DOCUMENTATION

FOB: Destination

ESTIMATED

0002AB

MTF ACCREDITATION SERVICES

SEMI ANNUAL AND QUARTERLY INSPECTION, TESTING AND DOCUMENTATION

FOB: Destination

ESTIMATED

0002AC

MTF ACCREDITATION SERVICES

ANNUAL INSPECTION, TESTINGAND DOCUMENTATION

FOB: Destination

ESTIMATED

EXTRAORDINARY MAINTENANCE

EXTRAORDINARY MAINTENANCE, REPAIR and MODIFICATIONS OF EXISTING SYSTEMS .

Performance of all services of the PWS paragraph 1.3 at all facilities listed in PWS Appendix “A”.

Labor Euro ___________________/Man Hr

Parts at the applicable discount rates of attachment 2 herein, to the applicable manufacturers price list.

Non price listed items. As per negotiated agreement per individual requirement.

FOB: Destination

Not to Exceed

Months

FFP

1ST OPTION PERIOD FROM 1 Oct 09 THROUGH 30 Sep 10.

(Subject to clauses 52.217-8, 52.217-9 and 52.232-18)

Contractor shall provide all manpower, equipment, tools, parts, transportation and supervision to perform services in accordance with the document listed in the attachments entitled: Performance Work Statement (PWS) Maintenance of Automatic Fire Detection/Suppression Systems Aviano & Ghedi (Brescia) Air Bases, Italy.

FOB: Destination

ESTIMATED

1000AA

FFP

Performance of services at Aviano Air Base to all systems components of the PWS Appendix "A" except the additional services and documentation for the accreditation requirements of the Medical Treatment Facility (bldg 121)), Section X (Ghedi Air Base) and Sections XI and XII (Facilities under renovation or construction), and excluding PWS services of paragraphs 1.4.2, 2, 3 and 6:

ESTIMATED

1000AB

FFP

Performance of services at Ghedi Air Base to all systems components of the PWS Appendix "A" Section X (Ghedi Air Base) excluding PWS services of paragraphs 1.4.2, 2, 3 and 6:

ESTIMATED

1000AC

FFP

Performance of all services of paragraph 3 of the PWS at Aviano Air Base to all systems components of all facilities listed in PWS Appendix "A" except Ghedi Air Base.

NORMAL DUTY HOURS AND DAYS (Est. 150 calls and 560Hrs):

Fee (Includes time and transportation e costs)Euro ________________/Call

On Site Personnel Rate Euro ___________________/Hr

AFTER NORMAL DUTY HOURS (Est.: 50 calls and 80 Hrs):

Fee (Includes time and transportation costs) Euro _________________/Call

Personnel Rate Euro ___________________/Hr

ESTIMATED

1000AD

FFP

Performance of all services of paragraph 3 to all systems components of the PWS to all facilities listed in PWS Appendix “A” Section X (Ghedi Air Base).

NORMAL DUTY HOURS AND DAYS (Est.: 12 calls and 160 Hrs):

Fee (Includes time and transportation costs)Euro ________________/Call

On Site Personnel Rate Euro ___________________/Hr

AFTER NORMAL DUTY HOURS (Est. 4 calls and 48 Hrs):

Fee (Includes time and transportation costs) Euro _________________/Call

Personnel Rate Euro ___________________/Hr

ESTIMATED

1000AE

FFP

Furnishing of spare parts in excess of unit price of Euro 150.00.

To be reimbursed at the applicable discount rates of exhibit 1 herein, to the applicable manufacturers price list in effect at time of the individual service task performance.

(Estimated Not to exceed amount for offer evaluation purposes only Euro 14,229.00 - $US18,000.00 - NOT BINDING TO AWARDED CONTRACT)

Not to Exceed

1000AF

FFP

Performance of all services of the PWS paragraph 6 at all facilities listed in PWS Appendix “A”.

(1) On Site Assistance/Survey Euro ___________________/Man Hr

(2) Generation of Facility Records (New facility records, Manuals or Drawings) Euro ___________/Man Hr

(3) Documentation, other than Drawings, Euro _________________/sheet

(4) Drawings (AUTOCAD) Euro _______________/sheet

(5) Documentation on electronic media Euro ______________/copy

(Estimated quantities for offer evaluation purposes only - NOT BINDING TO AWARDED CONTRACT:

(1) 1,000

(2) 680

(3) 10,000

(4) 400

(5) 15 )

Not to Exceed

Lot

FFP

MTF=MEDICAL TREATMENT FACILITY

Performance of all additional services and furnishing of all documentation above those of ITEM 0001AA that are needed for accreditation purposes. PWS Appendices “C” through “E”, to all systems components of Section VII (Medical Treatment Facility (bldg 121)) excluding PWS services of paragraphs 3 and 6 .

ESTIMATED

1001AA

FFP

QUARTERLY INSPECTION, TESTING AND DOCUMENTATION

ESTIMATED

1001AB

FFP

SEMI ANNUAL AND QUARTERLY INSPECTION, TESTING AND DOCUMENTATION

ESTIMATED

1001AC

FFP

ANNUAL INSPECTION, TESTINGAND DOCUMENTATION

ESTIMATED

FFP

EXTRAORDINARY MAINTENANCE, REPAIR and MODIFICATIONS OF EXISTING SYSTEMS .

Performance of all services of the PWS paragraph 1.3 at all facilities listed in PWS Appendix “A”.

Labor Euro ___________________/Man Hr

Parts at the applicable discount rates of attachment 2 herein, to the applicable manufacturers price list.

Non price listed items. As per negotiated agreement per individual requirement.

Not to Exceed

Months

FFP

2ND OPTION PERIOD FROM 1 Oct 10 THROUGH 30 Sep 11.

(Subject to clauses 52.217-8, 52.217-9 and 52.232-18)

Contractor shall provide all manpower, equipment, tools, parts, transportation and supervision to perform services in accordance with the document listed in the attachments entitled: Performance Work Statement (PWS) Maintenance of Automatic Fire Detection/Suppression Systems Aviano & Ghedi (Brescia) Air Bases, Italy.

ESTIMATED

2000AA

FFP

Performance of services at Aviano Air Base to all systems components of the PWS Appendix "A" except the additional services and documentation for the accreditation requirements of the Medical Treatment Facility (bldg 121)), Section X (Ghedi Air Base) and Sections XI and XII (Facilities under renovation or construction), and excluding PWS services of paragraphs 1.4.2, 2, 3 and 6:

ESTIMATED

2000AB

FFP

Performance of services at Ghedi Air Base to all systems components of the PWS Appendix "A" Section X (Ghedi Air Base) excluding PWS services of paragraphs 1.4.2, 2, 3 and 6:

ESTIMATED

2000AC

FFP

Performance of all services of paragraph 3 of the PWS at Aviano Air Base to all systems components of all facilities listed in PWS Appendix "A" except Ghedi Air Base.

NORMAL DUTY HOURS AND DAYS (Est. 150 calls and 560Hrs):

Fee (Includes time and transportation e costs)Euro ________________/Call

On Site Personnel Rate Euro ___________________/Hr

AFTER NORMAL DUTY HOURS (Est.: 50 calls and 80 Hrs):

Fee (Includes time and transportation costs) Euro _________________/Call

Personnel Rate Euro ___________________/Hr

ESTIMATED

2000AD

FFP

Performance of all services of paragraph 3 to all systems components of the PWS to all facilities listed in PWS Appendix “A” Section X (Ghedi Air Base).

NORMAL DUTY HOURS AND DAYS (Est.: 12 calls and 160 Hrs):

Fee (Includes time and transportation costs)Euro ________________/Call

On Site Personnel Rate Euro ___________________/Hr

AFTER NORMAL DUTY HOURS (Est. 4 calls and 48 Hrs):

Fee (Includes time and transportation costs) Euro _________________/Call

Personnel Rate Euro ___________________/Hr

ESTIMATED

2000AE

FFP

Furnishing of spare parts in excess of unit price of Euro 150.00.

To be reimbursed at the applicable discount rates of exhibit 1 herein, to the applicable manufacturers price list in effect at time of the individual service task performance.

(Estimated Not to exceed amount for offer evaluation purposes only Euro 14,229.00 - $US18,000.00 - NOT BINDING TO AWARDED CONTRACT)

Not to Exceed

2000AF

FFP

Performance of all services of the PWS paragraph 6 at all facilities listed in PWS Appendix “A”.

(1) On Site Assistance/Survey Euro ___________________/Man Hr

(2) Generation of Facility Records (New facility records, Manuals or Drawings) Euro ___________/Man Hr

(3) Documentation, other than Drawings, Euro _________________/sheet

(4) Drawings (AUTOCAD) Euro _______________/sheet

(5) Documentation on electronic media Euro ______________/copy

(Estimated quantities for offer evaluation purposes only - NOT BINDING TO AWARDED CONTRACT:

(1) 1,000

(2) 680

(3) 10,000

(4) 400

(5) 15 )

Not to Exceed

Lot

FFP

MTF=MEDICAL TREATMENT FACILITY

Performance of all additional services and furnishing of all documentation above those of ITEM 0001AA that are needed for accreditation purposes. PWS Appendices “C” through “E”, to all systems components of Section VII (Medical Treatment Facility (bldg 121)) excluding PWS services of paragraphs 3 and 6 .

ESTIMATED

2001AA

FFP

QUARTERLY INSPECTION, TESTING AND DOCUMENTATION

ESTIMATED

2001AB

FFP

SEMI ANNUAL AND QUARTERLY INSPECTION, TESTING AND DOCUMENTATION

ESTIMATED

2001AC

FFP

ANNUAL INSPECTION, TESTINGAND DOCUMENTATION

ESTIMATED

FFP

EXTRAORDINARY MAINTENANCE, REPAIR and MODIFICATIONS OF EXISTING SYSTEMS .

Performance of all services of the PWS paragraph 1.3 at all facilities listed in PWS Appendix “A”.

Labor Euro ___________________/Man Hr

Parts at the applicable discount rates of attachment 2 herein, to the applicable manufacturers price list.

Non price listed items. As per negotiated agreement per individual requirement.

Not to Exceed

Months

FFP

3RD PERIOD FROM 1 Oct 11 THROUGH 30 Sep 12.

(Subject to clauses 52.217-8, 52.217-9 and 52.232-18)

Contractor shall provide all manpower, equipment, tools, parts, transportation and supervision to perform services in accordance with the document listed in the attachments entitled: Performance Work Statement (PWS) Maintenance of Automatic Fire Detection/Suppression Systems Aviano & Ghedi (Brescia) Air Bases, Italy.

ESTIMATED

3000AA

FFP

Performance of services at Aviano Air Base to all systems components of the PWS Appendix "A" except the additional services and documentation for the accreditation requirements of the Medical Treatment Facility (bldg 121)), Section X (Ghedi Air Base) and Sections XI and XII (Facilities under renovation or construction), and excluding PWS services of paragraphs 1.4.2, 2, 3 and 6:

ESTIMATED

3000AB

FFP

Performance of services at Ghedi Air Base to all systems components of the PWS Appendix "A" Section X (Ghedi Air Base) excluding PWS services of paragraphs 1.4.2, 2, 3 and 6:

ESTIMATED

3000AC

FFP

Performance of all services of paragraph 3 of the PWS at Aviano Air Base to all systems components of all facilities listed in PWS Appendix "A" except Ghedi Air Base.

NORMAL DUTY HOURS AND DAYS (Est. 150 calls and 560Hrs):

Fee (Includes time and transportation e costs)Euro ________________/Call

On Site Personnel Rate Euro ___________________/Hr

AFTER NORMAL DUTY HOURS (Est.: 50 calls and 80 Hrs):

Fee (Includes time and transportation costs) Euro _________________/Call

Personnel Rate Euro ___________________/Hr

ESTIMATED

3000AD

FFP

Performance of all services of paragraph 3 to all systems components of the PWS to all facilities listed in PWS Appendix “A” Section X (Ghedi Air Base).

NORMAL DUTY HOURS AND DAYS (Est.: 12 calls and 160 Hrs):

Fee (Includes time and transportation costs)Euro ________________/Call

On Site Personnel Rate Euro ___________________/Hr

AFTER NORMAL DUTY HOURS (Est. 4 calls and 48 Hrs):

Fee (Includes time and transportation costs) Euro _________________/Call

Personnel Rate Euro ___________________/Hr

ESTIMATED

3000AE

FFP

Furnishing of spare parts in excess of unit price of Euro 150.00.

To be reimbursed at the applicable discount rates of exhibit 1 herein, to the applicable manufacturers price list in effect at time of the individual service task performance.

(Estimated Not to exceed amount for offer evaluation purposes only Euro 14,229.00 - $US18,000.00 - NOT BINDING TO AWARDED CONTRACT)

Not to Exceed

3000AF

FFP

Performance of all services of the PWS paragraph 6 at all facilities listed in PWS Appendix “A”.

(1) On Site Assistance/Survey Euro ___________________/Man Hr

(2) Generation of Facility Records (New facility records, Manuals or Drawings) Euro ___________/Man Hr

(3) Documentation, other than Drawings, Euro _________________/sheet

(4) Drawings (AUTOCAD) Euro _______________/sheet

(5) Documentation on electronic media Euro ______________/copy

(Estimated quantities for offer evaluation purposes only - NOT BINDING TO AWARDED CONTRACT:

(1) 1,000

(2) 680

(3) 10,000

(4) 400

(5) 15 )

Not to Exceed

Lot

FFP

MTF=MEDICAL TREATMENT FACILITY

Performance of all additional services and furnishing of all documentation above those of ITEM 0001AA that are needed for accreditation purposes. PWS Appendices “C” through “E”, to all systems components of Section VII (Medical Treatment Facility (bldg 121)) excluding PWS services of paragraphs 3 and 6 .

ESTIMATED

3001AA

FFP

QUARTERLY INSPECTION, TESTING AND DOCUMENTATION

ESTIMATED

3001AB

FFP

SEMI ANNUAL AND QUARTERLY INSPECTION, TESTING AND DOCUMENTATION

ESTIMATED

3001AC

FFP

ANNUAL INSPECTION, TESTINGAND DOCUMENTATION

ESTIMATED

FFP

EXTRAORDINARY MAINTENANCE, REPAIR and MODIFICATIONS OF EXISTING SYSTEMS .

Performance of all services of the PWS paragraph 1.3 at all facilities listed in PWS Appendix “A”.

Labor Euro ___________________/Man Hr

Parts at the applicable discount rates of attachment 2 herein, to the applicable manufacturers price list.

Non price listed items. As per negotiated agreement per individual requirement.

Not to Exceed

Months

FFP

4TH OPTION PERIOD FROM 1 Oct 12 THROUGH 30 Sep 13.

(Subject to clauses 52.217-8 and 52.232-18)

Contractor shall provide all manpower, equipment, tools, parts, transportation and supervision to perform services in accordance with the document listed in the attachments entitled: Performance Work Statement (PWS) Maintenance of Automatic Fire Detection/Suppression Systems Aviano & Ghedi (Brescia) Air Bases, Italy.

ESTIMATED

4000AA

FFP

Performance of services at Aviano Air Base to all systems components of the PWS Appendix "A" except the additional services and documentation for the accreditation requirements of the Medical Treatment Facility (bldg 121)), Section X (Ghedi Air Base) and Sections XI and XII (Facilities under renovation or construction), and excluding PWS services of paragraphs 1.4.2, 2, 3 and 6:

ESTIMATED

4000AB

FFP

Performance of services at Ghedi Air Base to all systems components of the PWS Appendix "A" Section X (Ghedi Air Base) excluding PWS services of paragraphs 1.4.2, 2, 3 and 6:

ESTIMATED

4000AC

FFP

Performance of all services of paragraph 3 of the PWS at Aviano Air Base to all systems components of all facilities listed in PWS Appendix "A" except Ghedi Air Base.

NORMAL DUTY HOURS AND DAYS (Est. 150 calls and 560Hrs):

Fee (Includes time and transportation e costs)Euro ________________/Call

On Site Personnel Rate Euro ___________________/Hr

AFTER NORMAL DUTY HOURS (Est.: 50 calls and 80 Hrs):

Fee (Includes time and transportation costs) Euro _________________/Call

Personnel Rate Euro ___________________/Hr

ESTIMATED

4000AD

FFP

Performance of all services of paragraph 3 to all systems components of the PWS to all facilities listed in PWS Appendix “A” Section X (Ghedi Air Base).

NORMAL DUTY HOURS AND DAYS (Est.: 12 calls and 160 Hrs):

Fee (Includes time and transportation costs)Euro ________________/Call

On Site Personnel Rate Euro ___________________/Hr

AFTER NORMAL DUTY HOURS (Est. 4 calls and 48 Hrs):

Fee (Includes time and transportation costs) Euro _________________/Call

Personnel Rate Euro ___________________/Hr

ESTIMATED

4000AE

FFP

Furnishing of spare parts in excess of unit price of Euro 150.00.

To be reimbursed at the applicable discount rates of exhibit 1 herein, to the applicable manufacturers price list in effect at time of the individual service task performance.

(Estimated Not to exceed amount for offer evaluation purposes only Euro 14,229.00 - $US18,000.00 - NOT BINDING TO AWARDED CONTRACT)

Not to Exceed

4000AF

FFP

Performance of all services of the PWS paragraph 6 at all facilities listed in PWS Appendix “A”.

(1) On Site Assistance/Survey Euro ___________________/Man Hr

(2) Generation of Facility Records (New facility records, Manuals or Drawings) Euro ___________/Man Hr

(3) Documentation, other than Drawings, Euro _________________/sheet

(4) Drawings (AUTOCAD) Euro _______________/sheet

(5) Documentation on electronic media Euro ______________/copy

(Estimated quantities for offer evaluation purposes only - NOT BINDING TO AWARDED CONTRACT:

(1) 1,000

(2) 680

(3) 10,000

(4) 400

(5) 15 )

Not to Exceed

Lot

FFP

MTF=MEDICAL TREATMENT FACILITY

Performance of all additional services and furnishing of all documentation above those of ITEM 0001AA that are needed for accreditation purposes. PWS Appendices “C” through “E”, to all systems components of Section VII (Medical Treatment Facility (bldg 121)) excluding PWS services of paragraphs 3 and 6 .

ESTIMATED

4001AA

FFP

QUARTERLY INSPECTION, TESTING AND DOCUMENTATION

ESTIMATED

4001AB

FFP

SEMI ANNUAL AND QUARTERLY INSPECTION, TESTING AND DOCUMENTATION

ESTIMATED

4001AC

FFP

ANNUAL INSPECTION, TESTINGAND DOCUMENTATION

ESTIMATED

FFP

EXTRAORDINARY MAINTENANCE, REPAIR and MODIFICATIONS OF EXISTING SYSTEMS .

Performance of all services of the PWS paragraph 1.3 at all facilities listed in PWS Appendix “A”.

Labor Euro ___________________/Man Hr

Parts at the applicable discount rates of attachment 2 herein, to the applicable manufacturers price list.

Non price listed items. As per negotiated agreement per individual requirement.

Not to Exceed

ITEM 18a:

The contractor shall submit invoices to the address shown in item 9 of Standard Form 1449

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

BANK: ____________________________________________________________________________

ADDRESS: _________________________________________________________________________

ACCOUNT NUMBER: _______________________________________________________________

IBAN: _____________________________________________________________________________

ABI CODE: ________________________________________________________________________

CAB CODE: ________________________________________________________________________

INSURANCE AMOUNTS

Pursuant to contract clause 52.228-5, Insurance-Work on a Government Installation, the following are the kinds and minimum amounts of insurance that are required for performance of this contract.

Employee and third party bodily injury (in addition to the mandatory contractor's country social insurance).

(i) Per Person:

EURO 1,000,000.00

Per Occurrence:

EURO 5,000,000.00

(ii) Third Party Property Damages, Per Occurrence:

EURO 1,500,000.00

Vehicle Liability Insurance in accordance with the mandatory requirements of the contractor's country and those of the European Common Market for work outside of the contractor's country. Insurance policies may be denominated in other than currency of the contractor's country provided the amount is equivalent to those stated above and the insurance policies are valid in the country where work is to be performed.

OBSERVANCE OF HOST COUNTRY SOCIAL CONTRIBUTION LABOR LAW

(a) The Contractor throughout the life of this contract shall scrupulously observe the requirements of Italian Law regarding the payment of social contributions for Italian national employees as well as the similar laws/directives for employees who are citizens of any European Community member nations. The contractor shall require subcontractors at all tiers to also comply with the payment requirements of this law and those of the European Community member nations. The Contractor shall on a yearly basis, provide copies of the certifications (DURC) issued by the appropriate host nation authority attesting compliance with regular payment requirements of this law and/or corresponding documentation issued for employees that are citizens of other European Community member countries. The certifications shall be provided any time a new employee or subcontractor performs work under this contract or upon expiration of any previously provided certifications. Failure of the Contractor to strictly observe this special contract requirement shall be sufficient reason for the U.S. Government to terminate this contract for Cause.

(b) The contractor shall be responsible for complying with any and all Italian labor laws, relations and standards in effect or which shall come into effect during the term of this contract. Such compliance shall pertain to: hours of work, wages, salaries, working conditions, labor relations (including collective bargaining, union agreements etc.), particular workmen's compensation, social security contributions for all categories of dependents and professionals.

The Contractor and all subcontractors are required to adhere with all safety laws in effect (I.L. 626, 494) and that may come into effect of the Italian Government. The Contracting Officer reserves the right to suspend work until such time as adherence to the laws is assured and to remove from the work site any worker found to ignore required safety practices. Such suspensions of work or removal of employees shall be at no cost to the Government. Failure by the contractor to correct deficiencies in reasonable time shall be cause for Termination for Default.

(c) Furthermore the contractor shall safeguard his firm with additional insurance against the risks of monetary recovery by Italian authorities and workers for accidents, injuries or deaths which are imputable to the contractor for failure to observe required safety practices and/or any requirement of paragraph a. above.

(d) The contractor shall be totally responsible and shall save harmless the U.S. Government from any and all disputes, claims, or grievance initiated by employees or third parties because of failure to comply with this special contract requirement.

(e) Construction contractors shall be responsible for written notification to the local labor benefits office of site work initiation under this contract and shall produce copy of such notice to the Contracting Officer.

(f) With each base pass request the Contractor shall furnish the health insurance and labor benefits employee number.

(g) With signature of the offer the contractor warrants that the proposed price(s) include all costs in effect or which shall come into effect during the term of the contract for compliance with this contract requirement and also for all responsibilities and risks as indicated herein.

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2007)

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

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

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

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

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

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

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

A. Addenda to clause 52.212-4 Contract Terms and Conditions—Commercial Items

Paragraph (b) and (k) of clause 52.212-4 are hereby deleted and replaced by the following in lieu thereof:

1. 252.232-7008 Assignment of Claims (Overseas)

2. 52.229-6 Taxes – Foreign Fixed-Price Contracts

CLAUSES INCORPORATED BY FULL TEXT

252.232-7008

ASSIGNMENT OF CLAIMS (OVERSEAS) (JUNE 1997)

(a) No claims for monies due, or to become due, shall be assigned by the Contractor unless—

(1) Approved in writing by the Contracting Officer;

(2) Made in accordance with the laws and regulations of the United States of America; and

(3) Permitted by the laws and regulations of the Contractor's country.

(b) In no event shall copies of this contract of any plans, specifications, or other similar documents relating to work under this contract, if marked “Top Secret,” “Secret,” or “Confidential” be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive such documents. However, a copy of any part or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to such assignee upon the Contracting Officer's prior written authorization.

(c) Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment under this contract to which any assignment applies, and for which direct payment thereof is to be made to an assignee, the Contractor shall—

(1) Identify the assignee by name and complete address; and

(2) Acknowledge the validity of the assignment and the right of the named assignee to receive payment in the amount invoiced or vouchered.

(End of clause)

52.229-6 TAXES--FOREIGN FIXED-PRICE CONTRACTS (JUN 2003)

(a) To the extent that this contract provides for furnishing supplies or performing services outside the United States and its outlying areas, this clause applies in lieu of any Federal, State, and local taxes clause of the contract.

(b) Definitions. As used in this clause--

"Contract date," means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

Country concerned means any country, other than the United States and its outlying areas, in which expenditures under this contract are made.

"Tax" and "taxes," include fees and charges for doing business that are levied by the government of the country concerned or by its political subdivisions.

"All applicable taxes and duties," means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract, pursuant to written ruling or regulation in effect on the contract date.

"After-imposed tax," means any new or increased tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, other than excepted tax, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date.

"After-relieved tax," means any amount of tax or duty, other than an excepted tax, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund, as the result of legislative, judicial, or administrative action taking effect after the contract date.

"Excepted tax," means social security or other employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and property taxes. "Excepted tax" does not include gross income taxes levied on or measured by sales or receipts from sales, property taxes assessed on completed supplies covered by this contract, or any tax assessed on the Contractor's possession of, interest in, or use of property, title to which is in the U.S. Government.

(c) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the government of the country concerned have agreed shall not be applicable to…