FA5709-13-T-0037_-_Hitachi_HVAC_Unit.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

238220

X

See Schedule

FA5709

SEE SCHEDULE

FA5709-13-T-0037

25-Jul-2013 Deborah Wright 445-4005 deborah.wright@trab.afcent.af.mil

405 ESPTS/ECONS

APO AE 09328-0000

Deborah Wright

25-Jul-2013

02-Aug-2013 04:00 PM

405 ESPTS/ECONS

APO AE 09328-0000

FA5709

See Schedule

405 ESPTS/ECONS

APO AE 09328-0000

FA5709

96899258125

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

CONTRACT PIIN : FA5709-13-T-0037

Supplies or Services and Price/Costs

LINE ITEM QUANTITY UNIT OF ISSUE UNIT PRICE EXTENDED

PRICE

COST

CONSTRAINTS

0001 2.0000 Each - - Firm

Option:

Nomenclature: Air Conditioner Nsn:

Noun:

Part Number /

FSCM:

Serial Number:

Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item

Number:

CIN/SDN:

FOB: Destination Inspection: Destination Acceptance: Destination Description: Hitachi Air Conditioner - See attached specs (Brand Name or Equal)

Inspection and Acceptance

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Deliveries and Performance

Delivery Schedule

CLIN DELIVERY

DATE

SHIP TO ADDRESS QUANTITY SUPPLEMENTARY

ADDRESS

BPN/

DoDAAC

0001 30 Days After Receipt Of (ARO) Contract

405 ESPTS/ECONS

APO AE

09328-0000

FOB: Destination

2 - FA5709

Contract Administration Data

G-1 ACCOUNTING AND APPROPRIATION DATA

Payment by Electronic Funds Transfer (EFT)

(a) Method of payment.

1. Payment by the US Government under this contract shall be made by electronic funds transfer (EFT) or Government Credit Card.

(b) Submission of Contractor's EFT information.

1. The Contractor is required to provide the US Government with the information required to make payment by EFT. In the event the EFT information changes, the Contractor shall be responsible for providing the updated information to the paying office.

2. If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall provide the contract numbers to which it applies. The contractor will inform the contracting officer of previously awarded contracts for which the contractor requests EFT payment.

Invoicing Procedures:

Upon delivery, the contractor shall provide a proper invoice. A proper invoice shall include the following information:

* Name, address of the business concern, invoice number, and the invoice date

* Contract number or other authorization for delivery of property and/or services (including order number and contract line item number)

* Description, price, and quantity of property or services actually delivered or rendered

* Shipping and payment terms

* Other substantiating documentation or information as required by the contract

* Name (where applicable) title, telephone number, and complete mailing address of the responsible official to whom payment is to be sent

* It is important that the invoice match the schedule of supplies and service of the contract to avoid delays in processing invoices submitted

* Submit invoices to the contracting office via e-mail shown in the invoicing paragraphs in this order.

* Name of banking institution (must be SWIFT capable) and Electronic Funds Transfer (EFT) Routing information (if applicable)

Include the following banking information:

Bank: _____________________________ Account No: ________________________ Swift Code: ________________________

Construction Invoices

Properly prepared invoices, bearing the contract number will be submitted to:

405 ESPTS/ECONS

APO AE 09328

The contractor shall submit all invoices to the Contracting Officer shown in block nine.

Ensure contract number is included in the subject line, for example:

"FA5709-13-P-000X ? Invoice"

G-2 IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number, task order number, project title, and project number.

G-3 REMITTANCE ADDRESS

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

Payment Address:

(END OF SECTION G)

SECTION H SPECIAL CONTRACT REQUIREMENTS

852.203-0001 GOVERNING LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

852.209-0001 ENGLISH SPEAKING REPRESENTATIVE

At all times when any performance of the work at any site is being conducted by any employee of the Contractor or its subcontractors, the Contractor shall have a representative present at each site who has the capability of reading, writing, speaking, and receiving instructions in the English language and can explain the work operations to persons performing the work in the language that those performing the work are capable of understanding. The Contracting Officer shall have the right to determine whether the proposed representative has sufficient technical and lingual capabilities.

852.217-0001 ENVIRONMENTAL IMPACT/COMPLIANCE WITH APPLICABLE

FEDERAL, STATE AND LOCAL REQUIREMENTS

All waste materials generated by work under a contract performed on a Government installation shall be handled, transported, stored, disposed of, and treated by the contractor and any subcontractor in accordance with all applicable federal, state, and local laws, ordinances, regulations, executive orders, agency rules or order, court orders, or any other types of rules or ruling having the effect of the law. In performing work under this contract, the contractor shall comply with all other relevant federal, state and local statutes, ordinances, regulations, executive orders, agency rules or orders, court orders or any rules ruling having the effect of law.

852.222-0001 MUSLIM AND OMANI HOLIDAYS

The U.S. Government acknowledges the following holidays: Ramadan, Eid Al Fitr, Eid Al Adha, and accepts the notion that the contractor may decide not to work on these days, or to work reduced hours on these days. However, the contractor understands, and agrees, that the performance period for this contract includes any and all non-productive time attributable to the contractor's observance of these holidays. The contractor shall notify the Contracting Officer of the holidays it intends to observe; and whether it intends to work reduced hours or not at all.

852.223-0001 HAZARDOUS WASTE REMOVAL

The Contractor shall dispose of all hazardous waste in accordance with all applicable laws and regulation. The Contractor shall assume the responsibility of determining what constitutes "hazardous waste" and complying with all environmental laws and regulations governing its removal.

852.223-0002 MATERIAL SAFETY DATA SHEET

A Material Safety Data Sheet (MSDS), OSHA Form 20 or accepted equivalent, must be submitted for each hazardous or potentially hazardous, material or chemical to be utilized by the contractor. This includes solvents or treated materials, such as preservative treated wood (MSDS for preservative) or fungicide treated rubber goods (MSDS for fungicide). All, materials must be approved by the Contracting Officer or their designated representative prior to installation.

852.223-0003 SALVAGE MATERIALS

(a) All items of Government property indicated on the drawings or in the specifications to be removed and disposed of by the contractor shall become the property of the contractor and shall be removed promptly from the installation and legally disposed of.

(b) Contractor is encouraged to recycle salvage materials when possible.

852.250-0004 SECURITY / PASS REQUIRMENTS

(a) The contractor shall follow existing security procedures and instructions applicable to Thumrait Air Base, Oman. Contractor personnel working on Thumrait shall hold a current Omani Pass necessary to gain access through Thumrait. Only Omani registered vehicles and personnel with Omani IDs are authorized entry onto Thumrait AB.

i. Contractor management staff shall ensure that all employees and subcontract employees visa and passport shall remain current during the life of the contract. At no time shall contractor management staff permit personnel currently issued a pass to hold visa or passports that expire during the performance period.

ii. Base Access Requests and DBIDS Paperwork shall be submitted no later than five (5) calendar days after notice of contract award. All Base Access paperwork shall be kept current for the duration of the contract's period of performance. If a base pass is going to expire before contract completion, and renewal is needed: the contractor shall re-submit renewal Base Access Requests at least 21 (twenty-one) calendar days prior to expiration of the original base access pass. The contractor is responsible to ensure the resident ID cards and visas remain current throughout the duration of the contract period.

iii. The contractor is solely responsible for the submission and approval of passes and the government shall not be held liable for any delays due to obtaining base access passes.

(b) The work site is located in a restricted or controlled area. The contractor may therefore experience delays due to compliance with entrance/exit requirements of restricted/controlled areas. The maximum amount of delay shall not exceed four (4) hours per occurrence.

(c) The contractor is responsible for providing the Contracting Officer with a list of company personnel that will be used to execute the contract as well as the description of any vehicles to be used during the execution of the contract. The information required for base pass requests includes but is not limited to:

i. General Info:

-Cover Letter from Contractor to Royal Air Force of Oman requesting base access and stating the purpose of the pass (shall be in Arabic &English) -Subcontractor agreements with signature and stamp, if applicable (shall be in Arabic &English) -Copy of the contract with contractor signature and stamp

ii. Listing of personnel:

-Name -Nationality -Copy of Resident ID Card (front &back) -Copy of Driver License, if driving (front &back)

iii. Listing of Equipment:

-Make -Model -License plate numbers -Copy of Vehicle Registration

SECURITY/SEARCH

(a) Before entry through the Thumrait Gate, contractor personnel and vehicles shall process through the search area.

(b) Material including but not limited to concrete, asphalt emulsions, and other time critical materials will require search and surveillance by the U.S Air Force personnel from the point of origin to the search area. The contractor shall notify the designated Project Inspector four (4) days in advance of the schedule delivery. The contractor shall immediately notify the Project Inspector of changes. Changes shall require an additional four (4) days for Government personnel coordination. The U.S Air Force shall not be liable for delays resulting from the contractor's failure to follow the above notification requirements or supplier/contractor delivery changes.

(c) Tanker truck/trailer cargo compartments shall allow for a complete visual inspection. All tanks and the baffled sections shall have a minimum 3 ft /.91-meter diameter visual inspection port. Equipment not meeting the above requirements shall not be allowed entry onto Thumrait Air Base. The U.S Air Force shall not be liable for delays caused by equipment not meeting the above requirements.

(d) The contractor shall be responsible for safeguarding all government property for the contractor use. At the close of each work period, government facilities, equipment and material shall be secured.

(e) The contractor is hereby advised that these requirements are subject to change at any time during the performance of this contract. The contractor shall comply with any changes to U.S.

Government procedures at the direction of the Contracting Officer. It is the contractor's responsibility to be aware of and comply with any changes to Omani Government procedures.

852.250-0006 ESCORTS

(a) Upon entry through the Thumrait Gate, contractor personnel are required to be in the presence of a military escort while on the Thumrait at all times. Escorts shall be provided by the U.S Air Force. The contractor shall comply with escort directions. Initially the contractor shall notify the designated Project Manager 72 hours in advance of any revised personnel/escort requirements. The contractor shall notify the designated Project Inspector 72 hours in advance of any change in time that the escorts shall meet the contractor and/or when the number of contract workers increases or decreases. The contractor will not be able to start work until escort arrangements are made. The U.S Air Force shall not be liable for delays caused by the contractor's failure to follow the above notification requirements.

(b) The contractor is hereby advised that these requirements are subject to change at any time during the performance of this contract. The contractor shall comply with any changes to U.S.

Government procedures at the direction of the Contracting Officer. It is the contractor's responsibility to be aware of and comply with any changes to Omani Government procedures.

852.242-0001 Defense Biometric Identification System (DBIDS) Enrollment

Third County Nationals (TCNs) who access the installation are required to enroll in the Defense Biometric Identification System (DBIDS). Effective 16 Aug 2009, all workers who access the installation must be enrolled in DBIDS or access will be denied. TCNs will be issued a DBIDS pass for the duration of the contract they are working on or their work visa, whichever comes sooner. In addition, all TCNs are required to carry a copy of their Entry Authorization Application (EAA) with them at all times. Access to the installation will be denied by US and/or Omani officials if either the DBIDS pass or the EAA is not current and valid. DBIDS procedures may be changed at the discretion of the government at any time during the performance of this contract; the contractor must comply with any changes to DBIDS procedures upon direction of the contracting officer. The government will not be liable for any delays to contract performance resulting from the contractor's failure to comply with this clause.

DBIDS Access Cards (DAC) shall be displayed at all times while on the installation.

H-1 380TH AEWI 31-102 02 May

TCN/CONTRACTOR RULES

I am your escort official. I am responsible for your safe and secure conduct until you leave the area. While you are in this area, you must be under escort at all times. If for any reason you are separated from your escort, you must contact the first American military member you see and have them escort you to the main entry control point of the American compound.

EXCEPTION: If you are in a designated work area, you must remain in that area and attempt to contact any American military member and have them contact Security Forces.

You will not be allowed into any areas unescorted, especially living quarters. Visitors are not allowed to bring any hand-carried items (with the exception of personal items and tools) into the area without written permission. Is there anyone who has any hand-carried items? (Verify the authorization -- search items with the assistance of Security Forces).

The following are prohibited items: wear of any type of US military uniform, cellular telephones, mobile radios, beepers, pagers, or any other type of communication device, still cameras or video recording devices, and contraband (weapons, drugs, etc.). EXCEPTION:

TCNs or contractors may carry a cellular telephone if they possess a signed letter of authorization from 405 ESPTS/SC. This letter must contain the name of the authorized individual; the name of the company represented, and has an expiration date not to exceed six months. This letter is required to be carried at all times when in possession of a cellular telephone.

You are not allowed to bring vehicles into the area unless the vehicle is mission essential and has passed through the Security Forces search pit. If you are in a convoy, follow your escort, and do not leave the convoy. Drive with your flashers on at all times while on the installation. If for any reason I stop so must you. If you get separated from the convoy, stop and wait to be contacted; do not proceed ahead. Do not leave your job site without an escort. I must remain in line of sight and within 150 feet at all times.

Do not record any information; any information written or recorded will be confiscated. Do not ask or request official or personal information from any US personnel. Do not go through any papers or trash. Your issued badge must be displayed on the upper torso after I have verified it is not expired and you are the owner of the badge. This badge must be displayed at all times while on the installation. If you need to remove the badge for safety reasons contact your escort and ask permission.

Do not attempt to take anything off the installation you did not bring on.

(END OF SECTION H)

Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items May 2012 52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.232-1 Payments Apr 1984 52.232-34 Payment by Electronic Funds Transfer--Other Than Central Contractor Registration MAY 1999 252.204-7008 Export ? Controlled Items APR 2010 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country DEC 2006 252.225-7041 Correspondence in English. JUN 1997 252.225-7042 Authorization to Perform Apr 2003 252.229-7000 Invoices Exclusive Of Taxes Or Duties JUN 1997 252.229-7001 Tax Relief JUN 1997 252.232-7008 Assignment of Claims (Overseas). JUN 1997 252.232-7011 Payments In Support Of Emergencies and Contingency Operations JUL 2010 252.233-7001 Choice of Law (Overseas) JUN 1997 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) APR

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (May 2012)

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

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

_X_ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

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

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul

2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

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

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

___ (9) [Reserved] ___ (10) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (11) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

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

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

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

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

___ (iv) Alternate III (July 2010) of 52.219-9.

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

___ (15) 52.219-16, Liquidated Damages?Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (16) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (17) 52.219-25, Small Disadvantaged Business Participation Program?Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

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

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

___ (21) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (Apr 2011).

___ (22) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

___ (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (24) 52.222-19, Child Labor?Cooperation with Authorities and Remedies (Jul 2010) (E.O.

13126).

___ (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

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

_X_ (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

___ (29) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (31) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (32) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (34) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (35) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O.

13513).

___ (36) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (37) (i) 52.225-3, Buy American Act ?Free Trade Agreements ? Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L.

108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

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

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

___ (38) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (39) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (42) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (43) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (44) 52.232-33, Payment by Electronic Funds Transfer?Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

__X (45) 52.232-34, Payment by Electronic Funds Transfer?Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

_X_ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (48) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

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

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause?

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

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

(iii) [Reserved]

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

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

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

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

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

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

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

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

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

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

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub.

L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

(d) of FAR clause 52.247-64.

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

(End of Clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

HTTP://FARSITE.HILL.AF.MIL

(End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DFARS Sup (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS. (MAR 2011)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

____ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) __X__ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(2) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

(3) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637).

(4) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note).

(5)(i) __ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582)

(ii) _X_ Alternate I (DEC 2010) of 252.225-7001.

(6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C.

2533b).

(7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JAN 2011) (10 U.S.C. 2533b)

(8) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C.

2533a).

(9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).

(10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (DEC 2010) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(11)(i)____ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(ii)____ Alternate I (SEP 2008) of 252.225-7021.

(iii)____Alternate II (DEC 2010) of 252.225-7021.

(12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003)

(22 U.S.C. 2779).

(13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).

(14)(i) ____ 252.225-7036, Buy American Act?Free Trade Agreements?Balance of Payments Program (DEC 2010) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii)___ Alternate I (JUL 2009) of 252.225-7036.

(iii)___ Alternate II (DEC 2010) of 252.225-7036.

(iv)___ Alternate III (DEC 2010) of 252.225-7036

(15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).

(16) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(17) ____ 252.227-7015, Technical Data?Commercial Items (MAR 2011) (10 U.S.C. 2320).

(18) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(19) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

(MAR 2008) (10 U.S.C. 2227).

(20) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(21) ____ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84)

(22) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(23) __X__252.246-7004, Safety of Facilities, Infrastructure, and Equipment For Military Operations (OCT 2010) (Section 807 of Public Law 111-84).

(24)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).

(25)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) __X__ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) __X__ Alternate III (MAY 2002) of 252.247-7023.

(26) __X_ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders?Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).

(4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C.

2631).

(End of clause)

252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED

STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2012-

00005)(JAN 2012)

(a) The Contractor is required to exercise due diligence to ensure that none of the funds received under this contract are provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation.

(b) The Head of the Contracting Activity (HCA) has the authority to-

(1) Terminate this contract for default, in whole or in part, if the HCA determines in writing that the Contractor failed to exercise due diligence as required by paragraph (a) of this clause; or

(2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this Contract have been provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation.

(End of clause)

252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR

RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF

OPERATIONS (DEVIATION 2012-00005)(JAN 2012)

(a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this Contract are not- DARS Tracking Number 2012-00005 Class Deviation-Prohibition on Contracting with the Enemy in the U.S.

Central Command Theater of Operations

(1) Subject to extortion or corruption; or

(2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation.

(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this Contract that have an estimated value over $100,000.

(End of clause)

5352.201-9101 OMBUDSMAN (APR 2010)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.

Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the following:

Deputy Chief, Contracting Division

ACC/A7K

DSN: (312) 574-5371

Commercial 011-965-757-764-5371

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)

AFFARS 5352.225-9004 Submission of Offers in Other than United States Currency (June 2006)

(a) Offers may be submitted in United States dollars or the currency accepted at the place of performance. (b) All offers shall be evaluated for determination of contract award by converting all foreign currencies to equivalent United States dollars by using the Foreign Currency Fluctuation Defense (FCFD) budget rate for the applicable currency in affect on the date set for the receipt of initial proposals. (c) When a ";Final Proposal Revision"; is requested and received, in accordance with the applicable solicitation's terms and conditions, offers shall be evaluated by converting all foreign currencies to equivalent United States dollars by using the Foreign Currency Fluctuation Defense (FCFD) budget rate for the applicable currency in affect on the date set for the receipt of initial proposals.

From 1-JAN-2012 to now = $1 USA equals .3845 Omani Rial (OMR)

Solicitation Provisions

52.211-6 Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as ";brand name or equal,"; the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that ";equal"; products must meet are specified in the solicitation.

(b) To be considered for award, offers of ";equal"; products, including ";equal"; products of the brand name manufacturer, must?

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by?

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate ";equal"; products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an ";equal"; product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

Listing of Attachments

Attachment Number Title of Attachment Date of the Attachment Number of Pages 1 Hitachi Specifications 25-Jul-2013 2