Combined Synopsis-Solicitation Final.docx

COMBINED SYNOPSIS/SOLICITATION

FA8100-10-Q-0011

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation Number: FA8100-10-Q-0011

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-32.

Type of Contract to be awarded: Firm Fixed Price, Requirements Contract

This procurement is a “brand name” supply effort in accordance with 10 U. S. C. 2304 (c) (1) as implemented by FAR 6.304 (a) (2). The attached Justification and Approval (J & A) authorizes use of other than full and open competition procedures to obtain Auto Crib equipment for use throughout the 76 MXW. The applicable NAICS Code is 423840, Industrial Supplies Merchant Wholesalers.

The Defense priorities and Allocations Systems (DPAS) assigned rating for this procurement is unrated.

The proposal in response to this RFQ must be submitted to the Contracting Officer on or before 4:00PM Central Standard Time, 14 May 2010. The offeror should hold offered prices firm for 60 days.

Contracting Officer: Tony Kyzer, 405-739-3962, e- mail, tony.kyzer@tinker.af.mil or Caren Annesley, 405-739-9120, e-mail, caren.annesley@tinker.af.mil .

Description of Requirement: The Air Force requires a 3 year Firm Fixed Price, Requirements Contract for the Auto Crib automated inventory equipment which provides a means of supplying and measuring common use items used throughout the 76 MXW. 76 MXSS is in the process of installing automated point of use Equipment (POU) throughout 76 MXW. Through this transition it was discovered that there is a need for a brand with specific abilities not currently offered by Auto Crib competitors. AutoCrib is the brand found that is able to accommodate all the needs of the 76 MXW within one company. This is not a sole source request. The requirement will be competed among the approved small business dealers for Auto Crib items.

SUPPLIES OR SERVICES AND PRICES/COSTS

Contract Line Item Numbers

CLIN P/N BEQ

620-553 Virtual Crib conversion kit (includes the following: Keypad and controller enclosure, RS485 device necessary software)

30 Ea

of customer provided electronic door lock

6 Ea

770-203-FC

Robo Crib 2000 E (carousel w/ touchscreen, to 2160 bins) w/ reconfigurable bins 20 Ea

772-100-FC

Robo Crib 1000 (carousel w/ touchscreen, to 1050 bins) w/ reconfigurable bins (expansion bins not reconfigurable) 50 Ea

775-500-FC

Robo Crib 500 (carousel w/ touch screen, to 628 bins) w/ reconfigurable bins 50 Ea

717-500

AutoCabinet Control Head (used for updating Nexiant Selects to AutoCrib.net) 70 Ea

717-100

AutoCabinet 200 Main Unit 50 Ea

717-101

AutoCabinet 200 Aux Unit 50 Ea

701-300

3 stack 12" w/windows 25 Ea

701-200

2 stack 6x36x24 (12" Cube) 25 Ea

701-612

6 stack 12x6x12 (Bandsaw) 25 Ea

701-624

6 stack 12x6x24 (Gage Shallow) 25 Ea

701-500

5 stack 18x7.2x18 (Kit) 25 Ea

701-502

2 stack 18x18x18 (Instrument) 25 Ea

710-501

10 stack 18x7.2x18 (Laptop) (Laptop lockers include LAN & AC power connections in each locker as well as a fan in each column of lockers) 25 Ea

710-324

3 stack 24x24x24 w/ windows (24" Cube) 25 Ea

710-236

710-960

710-961

710-962

710-963

710-952-i

610-324

710-968

770-196 RoboCrib 2000 Expansion Bins (up to 414 additional bins) re-configurable 10 Ea

770-191

730-104

710-965

775-230-RP

Required Period of Performance: Contract Award to May 2013

Inspection & Acceptance: Destination Inspection & Acceptance Report: Commercial Shipping Document Quality Assurance: Commercial Item Inspection FOB: Destination Packaging: Commercial Best Practice

Solicitation provision at FAR 52.212-1, Instructions to Offerors - Commercial Items is hereby incorporated by reference.

52.212-1 Instruction to Offerors - Commercial Items.

INSTRUCTIONS TO OFFERORS FOR PROPOSAL PREPARATION USING LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) PROCEDURES

GENERAL INSTRUCTIONS

a. Instructions to the Offerors (ITO):

This section of the ITO provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror’s proposal must include all data and information requested by the ITO and must be submitted in accordance with these instructions. The offeror shall be compliant with the requirements as stated in the Request for Proposal, Contract Line Item Numbers of the Request for Proposal and any attachments. Non-conformance with the instructions provided in the ITO may result in an unfavorable proposal evaluation.

b. Include Sufficient Detail:

The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror’s proposal.

c. Embellishments Not Desired:

Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired. Similarly, for oral presentations, elaborate, productions are unnecessary and not desired.

d. Proposal Acceptance and Validity Dates:

The proposal acceptance period is specified above and the offer shall make a clear statement in the proposal documentation that the proposal is valid until this date.

e. Disposition of Proposals:

In accordance with FAR 4.803(a) (10) (Contents of Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offer requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

GENERAL INFORMATION

a. Point of Contact:

The Procurement Contracting Officer (PCO) is the sole point of contact for this acquisition. Address any questions or concerns you may have to the PCO. Written requests for clarification may be sent to the PCO at the address located in Section A of the model contract/solicitation.

b. Debriefings:

The PCO will promptly notify offerors of any decision to exclude them from the competition in accordance with FAR 15.503. They may request and receive a debriefing. Offerors desiring debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable.

c. Discrepancies:

If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the PCO in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

d. Distribution:

The original proposal shall be identified. Proposals shall be addressed to the PCO and e-mailed to caren.annesley@tinker.af.mil

FACTOR 1--TECHNICAL PROPOSAL

Technical proposals are not required. Technical acceptability will be determined based on the offerors compliance with the requirement as stated in the SUPPLIES OR SERVICES AND PRICES/COSTS, Contract Line Item Numbers.

FACTOR 2--PRICE PROPOSAL

Completion of the RFP, SUPPLIES OR SERVICES AND PRICES/COSTS, Contract Line Item Numbers will represent the price proposal.

FACTOR 3--RELEVANT PAST AND PRESENT PERFORMANCE INFORMATION

Past performance information may be gathered from both Government (such as RYG, MOCAS, CPARS) and commercial sources. There is no submission required for Past Performance Information.

CONTRACT DOCUMENTATION

a. Model Contract/Representations and Certifications:

The purpose of this section is to provide information to the Government for preparing the contract document and supporting file.

The offeror's proposal shall include a signed cover letter stating the offeror’s company name, cage code, and printed name of the signing official with their title and a date of signature. Signature by the offeror on the cover letter constitutes an offer, which the Government may accept. The cover letter shall include a statement by the offeror of acknowledgement of each Solicitation Amendment including the date of the Amendment. The "original" copy should be clearly marked under separate cover.

The proposal shall include a completed copy of the attached file titled Contract Documentation. All pricing and delivery shall be addressed in Supplies or Services and Costs/Prices, Contract Line Item Numbers. Pricing Information shall be limited to Contract Line Item Number, (CLIN) level pricing, including unit and extended pricing as specified in this section. The Contract Documentation shall include all fill ins for applicable clauses in the Contract Clauses Section.

Clause 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS, Complete representations, certifications, acknowledgments and statements. Offeror shall fill out an online provision Annual Representations and Certifications (FEB 2009), Online Reps and Certs (ORCA) at http://www.bpn.gov/orca.

b. Exceptions to Terms and Conditions:

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. This information shall be provided in a format that is readable and communicates the information in a manner that is clear and concise. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award.

c. Other Information Required:

Authorized Offeror Personnel: Provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

Person who can obligate your company:

Name:

Title:

Telephone:

Person from your company who is authorized to negotiate with the Government:

Name:

Title:

Telephone:

Government Offices: Provide the mailing address, telephone and fax numbers and facility codes for the cognizant Contract Administration Office, DCAA, and Government Paying Office. Also, provide the name and telephone and fax number for the Administrative Contracting Officer (ACO).

DCMA:

DCAA:

Pay Office:

ACO:

Solicitation provision at FAR 52.212-2, Evaluation - Commercial Items is hereby incorporated by reference.

52.212-2 EVALUATION – COMMERCIAL ITEMS

EVALUATION FACTORS FOR AWARD USING LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) PROCEDURES

GENERAL INFORMATION

a. Basis for Contract Award:

This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the acceptable offeror with the lowest evaluated cost or price, which is deemed responsible in accordance with the Federal Acquisition Regulation and whose proposal conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by 52.212-2, Instructions to Offerors - Commercial Items of this solicitation. The Government reserves the right to award without discussions.). Therefore, each initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

b. Number of Contracts to be Awarded:

The Government intends to select one contractor for the Auto Crib requirement. However, the Government reserves the right to award no contract at all, depending on the quality of the proposals and prices submitted and the availability of funds.

c. Rejection of Unrealistic Offers:

The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

d. Correction Potential of Proposals:

The Government will consider, throughout the evaluation, the "correction potential" of any proposal uncertainty. The judgment of such "correction potential" is within the sole discretion of the Government. If an aspect of an offeror's proposal not meeting the Government's requirements is not considered correctable, the offeror may be eliminated from the competitive range.

EVALUATION FACTORS

a. List factors and Sub factors:

The Government will evaluate for acceptability the factors described below:

Factor 1— Technical Proposal Factor 2— Cost/Price Factor 3—Past Performance

b. Evaluation Methodology:

Technical acceptability will be evaluated on all offers. Only those offerors determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. Then, price will be evaluated and the proposals will be listed from lowest to highest price based on the total evaluated price.

Then, the offerors’ past performance will be evaluated starting with the lowest price technically acceptable offer. Only those offerors determined to have an acceptable past performance rating, either initially or as a result of discussions, will be considered for award. Past performance evaluations will cease when the first two technically acceptable proposals receive an acceptable past performance rating for price comparison purposes.

Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for the non-cost factors.

c. Technical Factor:

By submission of its offer, the offeror accedes to all solicitation technical requirements, to include the Government’s Required Delivery Schedule, and will be determined technically acceptable. If the offeror is unable to meet the Government’s Required Delivery Schedule, the offeror may set forth the delivery schedule the offeror is prepared to meet. However, should the offeror’s proposed delivery schedule not meet the Required Delivery Schedule and should the Government determine such proposed delivery schedule to be unacceptable, the offeror will be determined UNACCEPTABLE. If the offeror’s proposed delivery is determined acceptable, the solicitation will be amended and each offeror will be afforded an opportunity to revise their proposals. If the offeror does not propose a different delivery schedule, the Government’s Required Delivery Schedule shall apply. Failure to meet a requirement may result in an offer being determined technically unacceptable.

Each proposal will receive one of the ratings described below for Factor 1 - Technical Proposal

Acceptable – The proposal meets specified minimum requirements necessary for acceptable contract performance.

Unacceptable – The proposal fails to meet specified minimum requirements necessary for contract performance. Proposals with an unacceptable rating are not awardable.

d. Cost/Price Factor:

Cost/Price Evaluation: The offeror’s cost/price proposal will be evaluated for award purposes by adding the total price for basic requirements (basic award).

Total Evaluated Price: Price analysis will be performed to determine the reasonableness of the offeror’s price proposal. Reasonableness will be based on the total evaluated price. The total evaluated price will be calculated as the sum of the Contract Line Item Numbers (CLINs) unit/extended prices plus other associated factors such as transportation costs if appropriate.

Unrealistically Low Costs or Prices: Unrealistically low proposed costs or prices, initially or subsequently, may be grounds for eliminating a proposal from competition either on the basis that the offeror does not understand the requirement or the offeror has made an unrealistic proposal.

Unbalanced Pricing: Offerors are cautioned against submitting an offer that contains unbalance pricing. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The Government shall analyze offers to determine whether they are unbalanced with respect to separately priced line items or sub line items. Offers that are determined to be unbalanced may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

e. Past Performance Factor:

Past performance information may be gathered from both Government (such as RYG, MOCAS, CPARS) and commercial sources. Offerors will not be penalized if no past performance information is available. Past performance will either be satisfactory, neutral, or unsatisfactory where satisfactory equals a neutral or determination of responsibility, and unsatisfactory equals a determination of non-responsibility. Any unsatisfactory rating given to a small business will be referred to the Small Business Administration pursuant to FAR 15.101-2(b) and 19.6 for resolution.

f. Discussions:

It is the Government’s intent to award without discussions; therefore, it is imperative that offerors submit their best terms initially. However, if during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs), and the Final Proposal Revisions (FPRs) will be considered in making the source selection decision.

PRE-AWARD SURVEY

The Government may conduct a pre-award survey (PAS) as part of this source selection. Results of the PAS (if conducted) will be evaluated to determine each offerors’ capability to meet the requirements of the solicitation.

PLANT VISITS

In the event discussions are necessary, plant visits may be conducted during the evaluation phase to develop knowledge for judging the potential for correction of deficiencies.

SOLICITATION REQUIREMENTS, TERMS AND CONDITIONS

Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

CONTRACT CLAUSES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2009) (IAW FAR 12.301(b) (4))

(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)).

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:

[Contracting Officer check as appropriate.]

(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:

[Contracting Officer check as appropriate.]

(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 paragraphs (e)(1) 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—

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

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

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2009) (IAW DFARS 212.301(f) (iii))

(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 provision of law applicable to acquisitions of commercial items or components.

(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.

5352.201-9101 Ombudsman (AUG 2005)

(IAW AFFARS 5301.9103)

(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 Center/MAJCOM ombudsmen, OC-ALC/PKC at 405 736 -3273, FAX 000 000-0000, email . 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.

52.216-18 – Ordering.

Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 24 May 2010 through 31 Aug 2013.

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

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

(End of Clause) 52.216-19 -- Order Limitations.

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $2,000, 000.00

(2) Any order for a combination of items in excess of $2,000,000.00 or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause) 52.216-21 -- Requirements.

As prescribed in 16.506(d), insert the following clause:

Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 June 2013.

(End of Clause)

52.217-9 -- Option to Extend the Term of the Contract.

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 38 Months.

(End of Clause) THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (b) (18):

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(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 representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 335311 assigned to contract number ______________________________.

[Contractor to sign and date and insert authorized signer's name and title].

252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)

(IAW DFARS 211.274-5(a), DFARS 212.301(f) (vi))

(a) Definitions. As used in this clause—

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.html .

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html .

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) All delivered items for which the Government’s unit acquisition cost is $5,000 or more.

(ii) The following items for which the Government’s unit acquisition cost is less than $5,000:

Contract Line, Subline, or Exhibit Line Item Number Item Description

(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number (See Schedule as Applicable).

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html .

252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS -- ALTERNATE I (DEVIATION) (JAN 2008) (IAW DAR Tracking Number 2008-O0002) As prescribed in 225.700x-5(b), substitute the following paragraphs (a) and (b) for paragraphs (a) and (b) of the basic clause and add the following paragraphs (c) and (d) to the basic clause:

(a) Definitions. As used in this clause—

(1) “Assembly” means an item forming a portion of a system or subsystem that can be provisioned and replaced as an entity and which incorporates multiple, replaceable parts.

(2) “Commercial derivative military article” means an item procured by the Department of Defense that is or will be produced using the same production facilities, a common supply chain, and the same or similar production processes that are used for the production of articles predominantly used by the general public or by nongovernmental entities for purposes other than governmental purposes.

(3) “Commercially available off-the-shelf item”—

(i) Means any item of supply that is—

(A) A commercial item;

(B) Sold in substantial quantities in the commercial marketplace; and

(C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(ii) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

(4) “Component” means any item supplied to the Government as part of an end item or of another component.

(5) “Electronic component” means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections of electrical devices such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits.

(6) “End item” means the final production product when assembled or completed, and ready for issue, delivery, or deployment.

(7) “Produce” means the application of forces or processes to a specialty metal to create desired physical properties through quenching or tempering of steel plate, or gas atomization or sputtering of titanium.

(8) “Qualifying country” means any country listed in subsection 225.872-1(a) or (b) of the Defense Federal Acquisition Regulation Supplement (DFARS).

(9) “Required form” means in the form of mill product, such as bar, billet, wire, slab, plate or sheet, and in the grade appropriate for the production of—

(i) A finished end item delivered to the Department of Defense; or

(ii) A finished component assembled into an end item delivered to the Department of Defense.

(10) “Specialty metal” means—

(i) Steel—

(A) With a maximum alloy content exceeding one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or

(B) Containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, molybdenum, nickel, niobium (columbium), titanium, tungsten, or vanadium.

(ii) Metal alloys consisting of—

(A) Nickel or iron-nickel alloys that contain a total of alloying metals other than nickel and iron in excess of 10 percent; or

(B) Cobalt alloys that contain a total of alloying metals other than cobalt and iron in excess of 10 percent;

(iii) Titanium and titanium alloys; or

(iv) Zirconium and zirconium base alloys.

(11) “Subsystem” means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion.

(b) Except as provided in paragraph (c) of this clause, any specialty metals incorporated in items delivered under this contract shall be melted or produced in the United States, its outlying areas, or a qualifying country, except for—

(1) Electronic components;

(2) (i) Commercially available off-the-shelf (COTS) items; other than—

(A) COTS fasteners, unless such fasteners are incorporated into COTS end items, subsystems, assemblies, or components.

(B) Forgings or castings of specialty metals, unless such forgings or castings are incorporated into COTS end items, subsystems, or assemblies.

(C) Commercially available high performance magnets, unless such high performance magnets are incorporated into COTS end items or subsystems;

(ii) A COTS item is considered to be “offered without modification” as long as it is not modified prior to contractual acceptance by the next higher tier in the supply chain.

(A) Specialty metals contained in a COTS item that was accepted without modification by the next higher tier are excepted and remain excepted even if a piece of the COTS item subsequently is removed (e.g., the end is removed from a COTS screw or an extra hole is drilled in a COTS bracket).

(B) For specialty metals that were not contained in a COTS item upon acceptance, but are added to the COTS item after acceptance, the added specialty metals are subject to the restrictions (e.g., a special reinforced handle made of specialty metal that is added to a COTS item).

(C) If two or more COTS items are combined in such a way that the resultant item is not a COTS item, only the specialty metals involved in joining the COTS items together are subject to the restrictions (e.g., a COTS aircraft is outfitted with a COTS engine, but not a COTS engine normally provided with that aircraft.)

(D) For COTS items that are normally sold in the commercial marketplace with various options, items that include such options are also COTS items. However, if a COTS item is offered to the Government with an option that is not normally offered in the commercial marketplace, that option is subject to the specialty metals restrictions. (e.g., An aircraft is normally sold to the public with an option for several different radios. DoD requests a military-unique radio. The aircraft is still a COTS item, but the military-unique radio is not a COTS item, and must comply with the specialty metals restrictions, unless another excerption applies.)

(3) Fasteners that are commercial items that are purchased under a contract or subcontract with a manufacturer of such fasteners, if the manufacturer has certified that it will purchase, during the relevant calendar year, an amount of domestically melted specialty metal, in the required form, for use in the production of fasteners for sale to the Department of Defense and other customers, that is not less than 50% of the total amount of the specialty metal that it will purchase to carry out the production of such fasteners for all customers.

(4) Items manufactured in a qualifying country;

(5) Items for which the Government has determined in accordance with 225.700x-3 of Class Deviation 2008-O0002 that specialty metal melted or produced in the United States cannot be acquired as and when needed in—

(i) A satisfactory quality;

(ii) A sufficient quantity; and

(iii) The required form.

(6) Specialty metals, other than specialty metals in high…