FA7000-08-R-0022.doc

Section SF 1449 - CONTINUATION SHEET

UTILITY POUCH, MOLLE COMPATIBLE

FFP

UTILITY POUCH, MOLLE COMPATIBLE

Brand name or equal to Advantage Supplies Product Number: 65336. "An Equal" must be in compliance with the following salient characteristics:

- All purpose pouch with fully lined interior

- Measures approx. 9L x 3D x 5H"

- Dual zipper closure

- Made of water repellent, puncture & tear resistant 1000 Denier Cordura® nylon

- Stress point reinforced stitching

- MOLLE Compatible

- Color: ABU or ACU pattern

FOB: Destination

MILSTRIP: F4BR208007A004

PURCHASE REQUEST NUMBER: F4BR208007A004

SIGNAL CODE: A

NET AMT

RADIO POUCH MOLLE COMPATIBLE

RADIO POUCH

Brand name or equal to Advantage Supplies Product Number: 65338. "An Equal" must be in compliance with the following salient characteristics:

- Universal design holds most radios

- Flap closes with a quick release buckle.

- Made of water repellent, puncture & tear resistant 1000 Denier Cordura® nylon

- Stress point reinforced stitching

- FIELD FRIENDLY-Quick Release Buckles

- MOLLE Compatible

- Color: ABU or ACU pattern

FOB: Destination

MILSTRIP: F4BR208007A004

NET AMT

SMOKE CANISTER POUCH MOLLE COMPATIBLE

SMOKE CANISTER POUCH

Brand name or equal to Advantage Supplies Product Number: 65325. "An Equal" must be in compliance with the following salient characteristics:

- Holds 1 Smoke Canister

- Made of water repellent, puncture & tear resistant 1000 Denier Cordura®

- Stress point reinforced stitching

- FIELD FRIENDLY - Quick Release Buckle

- MOLLE Compatible Color: ABU or ACU pattern

FOB: Destination

MILSTRIP: F4BR208007A004

NET AMT

UTILITY POUCH HORIZONTAL MOLLE COMPATIBL

UTILITY POUCH, HORIZONTAL

Brand name or equal to Advantage Supplies Product Number: 65946. "An Equal" must be in compliance with the following salient characteristics:

- MOLLE Compatible

- All purpose pouch with fully lined interior

- Horizontal design, approx. 7.5L x 2D x 4.5H"

- Dual zipper closure

- Made of water repellent, puncture & tear resistant 1000 Denier Cordura® nylon

- Stress point reinforced stitching

- MOLLE Compatible Color: ABU or ACU pattern

FOB: Destination

MILSTRIP: F4BR208007A004

NET AMT

UTILITY POUCH VERTICAL MOLLE COMPATIBLE

UTILITY POUCH VERTICAL

Brand name or equal to Advantage Supplies Product Number: 65947. "An Equal" must be in compliance with the following salient characteristics:

- All purpose pouch with fully lined interior

- Vertical design approx. 4.5L x 2D x 7.5H"

- Dual zipper closure

- Made of water repellent, puncture & tear resistant 1000 Denier Cordura® nylon

- Stress point reinforced stitching

- MOLLE Compatible

- Color: ABU or ACU pattern

FOB: Destination

MILSTRIP: F4BR208007A004

NET AMT

MEDICAL POUCH MOLLE COMPATIBLE

MEDICAL POUCH

Brand name or equal to Advantage Supplies Product Number: 65948. "An Equal" must be in compliance with the following salient characteristics:

- Approx. 6L x 2.5D x 6H"

- Made of water repellent, puncture & tear resistant 1000 Denier Cordura® nylon

- Stress point reinforced stitching

- FIELD FRIENDLY-Quick Release Buckles

- MOLLE Compatible

- Color: ABU or ACU pattern

FOB: Destination

MILSTRIP: F4BR208007A004

NET AMT

GRENADE POUCH MOLLE COMPATIBLE

GRENADE POUCH

Brand name or equal to Advantage Supplies Product Number: 65324. "An Equal" must be in compliance with the following salient characteristics:

- Holds 1 grenade

- Made of water repellent, puncture & tear resistant 1000 Denier Cordura® nylon

- Stress point reinforced stitching

- FIELD FRIENDLY-Quick Release Buckles

- MOLLE Compatible

- Color: ABU or ACU pattern

FOB: Destination

MILSTRIP: F4BR208007A004

NET AMT

9MM MAGAZINE POUCH MOLLE COMPATIBLE

9MM MAGAZINE POUCH

Brand name or equal to Advantage Supplies Product Number: 65301. "An Equal" must be in compliance with the following salient characteristics:

- Holds 9mm Ammo Clip

- Made of water repellent, puncture & tear resistant 1000 Denier Cordura® nylon

- Stress point reinforced stitching

- FIELD FRIENDLY - Quick Release Buckle

- MOLLE Compatible

- Color: ABU or ACU pattern

FOB: Destination

MILSTRIP: F4BR208007A004

NET AMT

CANTEEN COVER 1 QT MOLLE COMPATIBLE

CANTEEN COVER 1 QT

Brand name or equal to Advantage Supplies Product Number: 65409. "An Equal" must be in compliance with the following salient characteristics:

- Use as a utility pouch, a magazine dump pouch as well as a 1 quart canteen cover.

- Internal drawstring with cord lock

- 2 small pockets for water purification tablets

- Made of water repellent, puncture & tear resistant 1000 Denier Cordura® nylon

- Stress point reinforced stitching

- FIELD FRIENDLY-Quick Release Buckles

- MOLLE Compatible

- Color: ABU or ACU pattern

FOB: Destination

MILSTRIP: F4BR208007A004

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

LOGISTICS READINESS

8110 INDUSTRIAL DRIVE

USAF ACADEMY CO 80840

719-333-6838

FOB: Destination

F4BR20

F4BR20

F4BR20

F4BR20

F4BR20

F4BR20

F4BR20

F4BR20

F4BR20

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM – USAF Academy Invoicing Instruction (Revised 5/21/06)

a. In accordance with DFARS 252-232-7003, Electronic Submission of Payment Requests, the contractor shall submit payment (invoice) requests through the Wide Area Workflow (WAWF) System. For information on WAWF, including how to register, visit the WAWF website at https://wawf.eb.mil or visit the USAFA Academy Contracting Website at http://www.usafa.af.mil/10abw/10msg/lgc/?catname=10lgcw. If you need any further assistance you can contact the Contract Specialist or Contracting Officer whose name appears on the contract.

b. The address and DODAAC of the payment office (effective 1 Jun 06) is:

Defense Finance and Accounting Service

ATTN: DFAS-BAASD/CC

P. O. Box 369020

Columbus, OH 43236-9020

ATTN: VENDOR PAY (DODAAC F67100)

(End of Addendum)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2007) (DEVIATION)

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

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

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

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

(b) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

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

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201)

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

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(ix) 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.).

(x) 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.

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xii) 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.

(c) 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)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 316999- assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(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)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (APR2007) (DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5 (MAR 2007) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(End of clause)

252.225-7012 Preference for Certain Domestic Commodities (JAN 2007)

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

(1) Component means any item supplied to the Government as part of an end product or of another component.

(2) End product means supplies delivered under a line item of this contract.

(3) United States means the 50 States, the District of Columbia, and outlying areas.

(4) U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States:

(1) Food.

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia.

(3) Tents, tarpaulins, or covers.

(4) Cotton and other natural fiber products.

(5) Woven silk or woven silk blends.

(6) Spun silk yarn for cartridge cloth.

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics.

(8) Canvas products.

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles).

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed in this paragraph (b).

(c) This clause does not apply--

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices;

(2) To end products incidentally incorporating cotton, other natural fibers, or wool, for which the estimated value of the cotton, other natural fibers, or wool--

(i) Is not more than 10 percent of the total price of the end product; and (ii) Does not exceed the simplified acquisition threshold in FAR part 2;

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives;

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, regardless of where the foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance with paragraph (d) of this clause;

(5) To chemical warfare protective clothing produced in the countries listed in subsection 225.872-1 of the Defense FAR Supplement; or

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic fabric itself), if--

(i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include--

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances);

(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/ tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia;

(C) Upholstered seats (whether for household, office, or other use); and

(D) Parachutes (Federal Supply Class 1670); or

(ii) The fibers and yarns are para-aramid fibers and yarns manufactured in the Netherlands.

(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract--

(i) Shall be taken from the sea by U.S.-flag vessels; or

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States.

(End of clause)

5352.201-9101 OMBUDSMAN (AUG 2005)

(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 USAF Academy Ombudsmen, Lori Staples

8110 Industrial Drive, Ste 200

USAFA, CO 80840

Telephone number 719-333-3907

FAX 719-333-4747

email: lori.staples@usafa.af.mil

Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(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)

5352.242-9500 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (MAY 2003)

(a) Security Requirements. The Contractor shall adhere to the installation security requirements as provided for in AFI 31-601, Industrial Security Program Management, and the United States Air Force Academy (USAFA) Supplement to AFI 31-601. When work under this contract requires unescorted entry to controlled or restricted areas, the Contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(b) The Contractor shall submit a letter to the Contracting Officer specifying the personnel authorized to sign a USAFA Form O-111 requesting a Contractor Identification Badge or vehicle pass. The Contractor shall submit a USAFA Form O-111 on each employee requiring access to an installation. [The Contracting Officer or Sponsoring Official will endorse the request and forward a copy to the issuing base pass and registration office or security forces for processing. The individual requiring the badge will hand-carry the original Form O-111 to the issuing base pass and registration office or Security Forces for processing.] When reporting to the registration office to obtain a vehicle pass, the authorized Contractor individual(s) should also provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and any documents required by local Security Forces procedures.

(c) In lieu of USAFA Form O-111, Application For Personnel And Vehicle Passes To Work Under Air Force Contract, or a temporary AF FM 75, Visitor Pass, the Contractor shall obtain Contractor Identification Badges and/or vehicle passes for all Contractor personnel who make frequent visits (i.e., more than 7 visits per calendar year) to perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to prominently display their Contractor Identification Badges in a visible location above their waist while visiting or performing work on the installation. The Contracting Office may restrict the Contractor’s employees from accessing the installation(s) until Contractor Identification Badges and vehicle passes are obtained.

(d) During performance of the contract, the Contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. Credentials and vehicle passes shall be returned to the issuing office within 5 calendar days after the employee no longer requires access to the work site.

(e) Background Checks. All employees of the Contractor shall comply with USAFA security requirements while on the installation. Prior to Contractor personnel working on USAFA installation properties, the Contractor and all Contractor personnel shall agree to USAFA conducting a criminal background check. USAFA Security Forces shall conduct the criminal background check accessing the appropriate state crime information center and national crime information center database to include, but not limited to any state listed by the employee as current and past addresses.

(f) Convictions. Based on the results of the background check, any felony conviction in the past ten (10) years involving violence, weapons, explosives, physical assault, espionage, illegal drugs, theft or any violations of immigration and naturalization laws shall constitute indisputable grounds for the Contracting Officer, with coordination from the 10th Air Base Wing Commander, to immediately require removal of the employee from the effort under this contract. For convictions more than ten (10) years ago, the Contractor may recommend retaining the employee. Any misdemeanor conviction in the past five (5) years involving the same offenses as stated above shall constitute indisputable grounds, with coordination from the 10th Air Base Wing Commander, to immediately remove the employee from effort under this contract. Employees removed by the Contracting Officer may also be subject to barment from entering the USAFA. The Contractor may appeal the barment through the 10th Security Forces Squadron Commander to the 10th Air Base Wing Commander who may rescind the barment and permit the contractor employee to work on the installation. The Contracting Officer shall be immediately notified of all such cases, and the Contracting Officer may require the Contractor to restrict the employee’s use on this contract until the case is resolved. This action does not relieve the Contractor from complete and satisfactory performance of the contract tasks specified herein.

(g) Warrants. If during the course of Contractor Identification Badge processing, any Contractor personnel are found to have an outstanding warrant, Security Forces may detain the contractor employee and may notify the appropriate law enforcement authorities. The 10th Air Base Wing Commander may issue a barment letter based upon the gravity of the offenses surrounding the warrant. However, the Contractor may appeal the barment through the 10th Security Forces Squadron Commander to the 10th Air Base Wing Commander who may rescind the barment and permit the contractor employee to work on the installation. The Contracting Officer shall be immediately notified by the prime contractor of all such cases, and the Contracting Officer may require the Contractor to restrict the employee’s use on this contract until the case is resolved.

(h) Prior to use of an employee on this contract, the Contractor shall validate that the employee is a United States citizen or holds a valid resident alien status. If the employee is not a United States citizen, the Contractor shall validate the individual’s proof of alien registration with the Immigration and Customs Enforcement Service. The Contractor will cooperate in the Security Forces’ processing of its employees for Contractor Identification Badges for access to the USAFA under this contract.

(i) If this contract requires that any of the Contractor's personnel must submit to a National Agency Check (NAC) background check, the Government shall bear the expense of that background check. In that event, the Contractor agrees to fully cooperate in the processing of the NAC background check. Those employees shall also be subject to the background check required for issuing a Contractor Identification Badge, as described above.

(j) Removal of Contractor Employees. The Government reserves the right to direct the removal of an employee for substantiated misconduct (has the potential to jeopardize the mission, put themselves or others at risk, etc.) or security reasons. This action does not relieve the Contractor from complete and satisfactory performance of the contract tasks specified herein.

(k) Upon completion or termination of the contract or expiration of the Contractor Access Identification, the prime Contractor shall ensure that all Contractor Identification Badges and vehicle passes issued to employees and subcontractor employees are returned to the issuing office within 21 calendar days.

(l) Failure to comply with these requirements may result in withholding of payment.

(m) All references to Contractor above include the Contractor and Subcontractors.

(End of clause)

ATTACHMENTS

1. Berry Amendment Certificate

2. Financial Information (Will not be incorporated into resultant contract)

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO FAR 21.212-1

1. FAR 52.212-1, Instructions to Offerors – Commercial Items (JAN 2005), by reference (see SF 1449, block 27a).

2. Addendum to FAR 52.212-1, Quotation Preparation Instructions

Specific Instructions: PRICE QUOTE

a. Complete blocks 12, 17a, 19, 21, 23, 24, 30(a), (b), and (c) of the SF 1449.

b. Insert proposed unit and extended prices in the Pricing Schedule with an overall total. Contractor shall also provide a statement whether they can meet the required delivery date.

c. Proposals will be ranked according to price and the low price will be evaluated on a pass or fail basis to determine whether the proposed gear meet the salient physical, functional, or performance characteristics as stated in the bid schedule. If the proposal does not pass technically, evaluation will continue to the next lowest offeror.

d. Complete the necessary fill-ins and certifications in provisions. The provision FAR 52.212-3 shall be completed electronically on line at http://orca.bpn.gov/publicsearch.aspx.

e. Complete the necessary fill-ins at DFARS 252.212-7000, Offeror Representations and Certifications--Commercial Items (clause included in this solicitation).

f. Complete the necessary fill-in at DFARS 252.225-7000, Buy American Act-Balance of Payments Program Certificate (clause included in this solicitation).

g. Complete the Certificate of Compliance to the Berry Amendment (Attachment 1). Offerors shall be in compliance with the Berry Amendment at DFARS 225.225-7.12. Noncompliance will disqualify the proposal from further consideration and award.

h. The Financial Reference (attachment 2) shall be submitted with your offer. The financial references may be used for pre-award purposes.

i. The offeror of an “or equal” must submit data that adequately demonstrates that its product meets the salient, physical, functional, or performance characteristics of the brand name required at the lowest price. Those offerors who are proposing on an “or equal” shall provide technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. Contractors shall provide descriptive literature such as illustrations, drawings, or a clear reference to information readily available to the Contracting Officer by the closing date of the solicitation The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. A general statement of compliance or restatement of the salient characteristics is insufficient. If an offeror cannot comply with every requirement that offer will not be considered. Proposals will be evaluated on a pass or fail basis to determine whether the proposed requirements listed in the bid schedule meets the salient physical, functional, or performance characteristics of the brand name at the lowest price.

j. Provide a written statement that the offeror's proposal incorporates all amendments to the solicitation (if applicable).

k. Contractors shall submit their quote by facsimile (719) 333-9103 or email to the attention of Daniel Moline, Contract Specialist, Daniel.Moline@usafa.af.mil or Diana South, Contracting Officer, diana.myles-south@usafa.af.mil or by mail to 10 MSG/LGCB, Attn: Daniel Moline, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840 by the closing date identified in block 8 of the SF 1449.

3. Addendum to FAR 52.212-1(c) Period of Acceptance of Offers, The paragraph is tailored as follows: "The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers."

4. Addendum to FAR 52.212-1(e) multiple offers are amended as follows: Multiple offers will not be accepted.

5. Addendum to FAR 52.212-1(h) Multiple awards is amended as follows: The Government will award a contract on an all or none basis, multiple awards shall not be contemplated.

6. Delivery requirements: FOB Destination only. FOB origin offers will not be considered.

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO FAR 52.212-2

1. The Government will award a purchase order using FAR Parts 12 and 13 resulting from this solicitation to the responsive responsible offeror whose technically acceptable offer conforming to the solicitation will be most advantageous to the government, price, delivery and other factors considered. The following factors shall be used to evaluate offers: Award will be made on the basis of determining the technically acceptable offer with the lowest evaluated price and meets the Brand Name requirements listed in the bid schedule. Offers shall be ranked according to price. An offer’s proposed price will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each. The proposals will then be evaluated on a pass or fail basis to determine whether the proposed Molle Gear meets the salient physical, functional, or performance characteristics as described in this solicitation, SF 1449, item 19, Schedule of supplies/services starting with the lowest priced offeror. If the lowest priced evaluated offeror passes technically, the evaluation process will stop at this point. The award shall be made to that offeror with any further consideration of any other offerors. The Government intends to evaluate offers and make award without discussions; however, this does not preclude the Government from having discussions if it is in the best interest of the Government to do so.

2. Paragraphs (b) and (c) do not apply to this acquisition.

CLAUSES INCORPORATED BY FULL TEXT

OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2001)

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

Forced or indentured child labor means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service--disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

___ TIN:---------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(5) Common parent.

___ Offeror is not owned or controlled by a common parent;

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(c) Offerors must complete the following representations when the resulting contract is to be performed inside the United States, its territories or possessions, Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the four designated industry groups (DIGs).) The offeror represents as part of its offer that it * is, * is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or four designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(7)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.]

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ) has, ( ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of…