FA810308R0334.RTF

CHECK IF REMITTANCE IS DIFFERENT

AND PUT SUCH ADDRESS IN OFFER

17.

ITEM NO.

12. ADMINISTERED BY CODE

13. CONTRACTOR OFFEROR CODE FACILITY CODE

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN * ___ CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLK 9 ABOVE, THE CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN. *90 Total

THIS IS A TOTAL SMALL BUSINESS SET-ASIDE.

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 90 days.

The closing date of this solicitation is 28 May 2008, 3:00 P.M Central Standard Time.

Please read Section L (Instructions to Offerors) & Section M (Evaluation Factors for Award) carefully before bidding; Proposal for repair process is required.

This solicitation is for a 5 year Firm Fixed Price, Requirements contract:

SEE LINE ITEM SCHEDULE

SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK: 14

EFT:T

SCD:C

DATE SIGNED

DATE SIGNED

NAME AND TITLE OF SIGNER (TYPE OR PRINT)

NAME OF CONTRACTING OFFICER

24. AWARD AMOUNT (FOR GOVT USE ONLY)

23. ACCOUNTING AND APPROPRIATION DATA

SEE SCHEDULE

4. SOLICITATION NUMBER

FA8103-08-R-0334

27. SIGNATURE OF OFFEROR/CONTRACTOR

6.SOLICITATION ISSUE DATE

5. SOLICITATION TYPE

FA8103

15. PROMPT PAY DISCOUNT

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES Mechanical Power Transmission Equipment Manufacturing 9.

LATE OFFERS ARE SUBJECT TO LATE PROPOSAL PROVISIONS INCORPORATED HEREIN. ALL OFFERS ARE SUBJECT TO SUCH PROVISIONS, REPRESENTATIONS, CERTIFICATIONS AND SPECIFICATIONS AS ARE ATTACHED OR INCORPORATED BY REFERENCE. SOLICITATION: SEALED OFFERS WILL BE RECEIVED AT THE ISSUING OFFICE UNTIL

28-MAY-2008 3:00PM

20.

UNIT

2. CONTRACT NO.

22.

AMOUNT

21.

UNIT PRICE

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER

SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

14. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

X

8. THIS ACQUISITION IS

UNRESTRICTED LABOR SURPLUS AREA CONCERNS

SMALL BUSINESS

NAICS CODE: 333613 SIZE STANDARD: 500

3. AWARD/EFFECTIVE DATE

7. ISSUED BY CODE

DEPARTMENT OF THE AIR FORCE, 448 ACSG PK

3001 STAFF DR STE 1AC4 97E

TINKER AFB OK 73145-3020

BUYER: Liz Preston/848CBSGPKA elizabeth.preston@tinker.af.mil Phone: (405) 739- 8949 Fax: (405) 739-2817 No Collect Calls X

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350)

RATING

DO: A1

SOLICITATION/CONTRACT

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27.

J

SF 1447 (5-88) BACK

NO RESPONSE FOR THE REASONS CHECKED

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURE

NAME AND ADDRESS OF FIRM (Include Zip Code)

WE DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF

ITEMS INVOLVED

WE DO

OTHER (Specify)

CANNOT COMPLY WITH SPECIFICATIONS

CANNOT COMPLY WITH SPECIFICATIONS

CANNOT MEET DELIVERY REQUIREMENT

FOLD FOLD

FOLD FOLD

TO:

ATTN: Liz Preston/848CBSGPKA

DEPARTMENT OF THE AIR FORCE, 448 ACSG PK

3001 STAFF DR STE 1AC4 97E

TINKER AFB OK 73145-3020

Request for Proposal FA8103-08-R-0334 Page 27 of ACPS-version:15.08.03 27 Request for Proposal FA8103-08-R-0334

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

The bidding contractor will be advised that the contractual repair is of a temporary nature pending availability of organic capability. Contract vehicle is to only be utilized in the event organic capability is unable to produce for MICAP or urgent situations. The Government reserves the right to transition repair of any item from this contract to an organic or other contract repair source at any time during the period of contract performance.

BASE YEARS (FY 2008 - FY 2010)

Item No.

Firm Fixed Price

Best Estimated Qty U/I Unit Price

Amount

EA

CLIN

ACRN

ACRN Total

AA

NSN: 3040-01-531-1949 EK

NACELLE LINK ASSY REPAIR

Repair Nacelle Link Assembly (Dog Bone) IAW Performance Work Statement.

Purchase Request(s) PR Line Item(s)

FD20300803001

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Applicability:

None

North American Free Trade Agreement (NAFTA)

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

B FB2039 ORIGIN

Type / Ship To

PACRN

Mark For

B FB2039

PAA

Quantity (U/I) To be determined Req No / Pri Required Delivery

32 EA

TBD

Proposed Delivery

BASE YEARS (FY 2008- FY 2010)

Quantity

LO

AB

DATA REQUIREMENT

IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH ON THE DD FORM 1423 (EXHIBITS A THROUGH E) ATTACHED AND MADE A PART HEREOF.

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required

Exhibit: A

Quality Assurance: Standard Inspection

TYPE / SHIP TO CODE F.O.B.

+ IAW1423 DESTINATION

Quantity (U/I) To be determined

+ IAW1423

1 LO

BASE YEARS (FY 2008 - FY 2010)

AC

OVER AND ABOVE WORK

The over and above items set forth below are not included in the scope and prices of the basic work items in Nacelle Link Assy repair. The work called for under these items shall be accomplished when directed by the ACO in accordance with Clause 252.217-7028 entitled "Over and Above Work" and Clause 5352.291-9000 hereof entitled "Additional Over and Above Work Procedures".

(1) Fixed Price Items. __RESERVED___

(2) Fixed Hourly Rate Items. For the accomplishment of work set forth in these items, the fixed hourly rate of $___**___ per hour will be used in negotiating a price.

Basic $________ Option I $________ Option II $________

Performance of Quality Audits accomplished pursuant to Appendix 'A'. Contractor shall not be paid for performance of Quality Audits as a result of which item(s) are determined unacceptable.

Performace of work required to accomplish Teardown Deficiency Reports (TDRS).

Compliance with new and/or revised technical order requirements not listed in the work specification and work procedures not presently contained in the work specification.

ACO Negotiated Items

Disposal Costs, including but not limited to associated packing and handling incident to removal and return of residual Government Property.

Items beyond economical repair shall be procesed in accordance with Clause 5352.291-9005 entitled "End Items Beyond Economical Repair (AFMC)".

Repair, modification, and/or replacement of exterior shipping Containers if reusable containers are not furnished by the Government.

Inspection/Acceptance Report: Receiving Report Required

TYPE / SHIP TO CODE F.O.B.

B FB2039 DESTINATION

Class I ODS Substance Application/Use none

To be determined

OPTION YEAR 1(FY 2011)

Repair Nacelle Link Assembly (Dog Bone) IAW Performance Work Statement.

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Applicability:

TYPE / SHIP TO CODE F.O.B.

B FB2039 ORIGIN

PACRN

Mark For

To be determined

OPTION YEAR 1 (FY 2011)

DATA REQUIREMENTS

Inspection/Acceptance Report: Receiving Report Required

TYPE / SHIP TO CODE F.O.B.

+ IAW1423 DESTINATION

Quantity (U/I) To be determined

OPTION YEAR 1 (FY 2011)

TYPE / SHIP TO CODE F.O.B.

B FB2039 DESTINATION

Application/Use

To be determined

OPTION YEAR 2 (FY 2012)

Repair Nacelle Link Assembly (Dog Bone) IAW Performance Work Statement.

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Applicability:

TYPE / SHIP TO CODE F.O.B.

B FB2039 ORIGIN

PACRN

Mark For

To be determined

OPTION YEAR 2 (FY 2012)

DATA REQUIREMENTS

Inspection/Acceptance Report: Receiving Report Required

TYPE / SHIP TO CODE F.O.B.

+ IAW1423 DESTINATION

Quantity (U/I) To be determined

OPTIONS YEAR 2 (FY 2012)

TYPE / SHIP TO CODE F.O.B.

B FB2039 DESTINATION

Application/Use

To be determined

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: + IAW1423

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

TYPE/CODE: B FB2039

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

SECTION D

PACKAGING AND MARKING

5352.247-9005 SHIPPING CONTAINER MARKING (AFMC) (MAR 2003)

(IAW AFMCFARS 5347.305-10(a)(91), AFMCFARS 5347.305-10(a)(93), AFMCFARS 5347.305-10(a)(94), AFMCFARS 5347.305-10(a)(95))

(a) MIL-STD-129 P

(b) MIL-STD-129 P

(c) Additional marking and/or bar coding requirement exceeding those of Mil-STD-129 P All shipping containers shall be marked using the following criteria:

PACRN(s) Applicable to 5352.247-9005 Additional Bar Coding or Marking Requirements

Not Applicable

(Applicable when the Government requires marking and/or bar coding in accordance with the requirements of MIL-STD-129, Standard Practice for Military Marking)

5352.247-9009 MILITARY PACKAGING AND MARKING (AFMC) (AUG 2002)

(IAW AFMCFARS 5347.305-10(a)(95)) Items shall be packaged in accordance with MIL-STD-2073-1 D , Standard Practice for Military Packaging. Shipping and storage markings shall be in accordance with MIL-STD-129 P , Standard Practice for Military Marking.

(Applicable when packaging is in accordance with the current revision of MIL-STD-2073-1, Standard Practice for Military Packaging, and shipping and storage markings are in accordance with the current revision of MIL-STD-129, Standard Practice for Military Marking (see clause 5352.247-9009, MILITARY PACKAGING AND MARKING (AFMC)))

The MIL-STD-2073-1 SPI/Specification is as follows:

PACRN

PRESERVATION LVL

PACKINGLVL

QUP

SPI NUMBER

SPI REVISION

SPI DATE

PAA

MIL

B

PACRN

SUPPLEMENTAL PACKAGING

SECTION E

INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(IAW FAR 46.304)

(Applicable for fixed-price services, or supplies furnishing services over the simplified acquisition threshold)

INSPECTION AND ACCEPTANCE (SEP 1999)

(IAW FAR 46.401(b), FAR 46.503) (Applicable to all orders issued hereunder)

Government Contract Quality Assurance Inspection and Acceptance will be at (Final):

[CONTRACTOR FILL-IN]

Item No(s): See schedule for items with the following code(s) listed below :

Inspection Code and Address:

Government Contract Quality Assurance Inspection and Acceptance will be at destination(s) specified herein (Final).

Item No(s): 0002, 0003, 1002, 1003, 2002, 2003

SECTION F

DELIVERIES OR PERFORMANCE

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2)) DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE ITEM.

(Applicable when the Government desires delivery by a certain time but requires delivery by a specified later time, and the delivery schedule is to be based on the date of the contract)

52.242-15 STOP-WORK ORDER (AUG 1989)

(IAW FAR 42.1305(b)(1)) (Applicable for supplies, services, or research and development)

52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)

(IAW FAR 47.303-2(c)) (Applicable to f.o.b. origin at contractor's facility)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(IAW FAR 47.303-6(c)) (Applicable when delivery term is f.o.b. destination)

52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT (FEB 1999)

(IAW FAR 47.305-4(c)) Applicable Item No(s) 0002 0003 1002 1003 2002 2003

(Applicable when f.o.b. destination but inspection and acceptance will be at origin)

52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)

(IAW FAR 47.303-17(f)) (Applicable when specifying f.o.b. origin)

9952.247-9000 COMMERCIAL BILL OF LADING SHIPMENTS - CARRIER'S RATES (JALC) (MAR 2003)

(IAW JALC 9947.104-4(90))

(Applicable when f.o.b. origin cost-reimbursement and fixed-price solicitations and contracts and incorporating FAR 52.247-1, Commercial Bill of Lading Notations)

F.O.B. ORIGIN (OCT 1993)

(IAW FAR 47.305(b)) Any supply item applicable to this document shall be delivered F.O.B. at:

F.O.B. Address

[CONTRACTOR FILL-IN]

(Applicable when delivery term is f.o.b. origin)

SECTION G

CONTRACT ADMINISTRATION DATA

ACCOUNTING AND APPROPRIATION DATA (AUG 1998)

Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable

AA TO BE CITED ON EACH INDIVIDUAL ORDER

AB TO BE CITED ON EACH INDIVIDUAL ORDER

AC TO BE CITED ON EACH INDIVIDUAL ORDER

ACRN TOTAL

9952.232-9002 TRANSPORTATION APPROPRIATION CHARGEABLE (JALC) (MAR 2003)

(IAW JALC 9932.705(90))

Insert last digit of current fiscal year in place of any asterisk "*" shown when material is shipped.

TAI

ATAC

FMS ALLOTMENT /NOTE

TAA

F2RS*#0

TAA

F2RS*#0

TAA

F2RS*#0

(Applicable to all orders issued hereunder)

PART II - CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (AUG 2005)

(IAW AFFARS 5301.9103)

(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 - , 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.

(Applicable to all solicitations and contracts)

52.204-7 CENTRAL CONTRACTOR REGISTRATION (JUL 2006)

(IAW FAR 4.1104)

(Applicable to solicitations and contracts except as provided in 4.1102(a))

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

(IAW DFARS 204.404-70(b))

252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)

(IAW DFARS 204.1104)

(Applicable when using the clause at FAR 52.204-7, Central Contractor Registration)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) (IAW FAR 9.409(b)) (Applicable when exceeding $30,000)

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (SEP 1990)

(IAW FAR 11.604(b)) This is a rated order certified for national defense use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

(Applicable to all rated orders)

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

(IAW FAR 15.209(h))

52.216-18 ORDERING (OCT 1995)

(IAW FAR 16.506(a))

(a) Such orders may be issued from the date of the contract issurance through 60 months thereafter, if both options are exercised.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(IAW FAR 16.506(b))

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , 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 quantity of 15;

(2) Any order for a combination of items in excess of ; or

(3) A series of orders from the same ordering office within 15 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 15 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.

52.216-21 REQUIREMENTS (OCT 1995)

(IAW FAR 16.506(d)(1))

(f) the Contractor shall not be required to make any deliveries under this contract after 12 months after the end of the last ordering period

52.216-21 REQUIREMENTS -- ALTERNATE I (APR 1984)

(IAW FAR 16.506(d)(2))

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

(IAW FAR 19.508(c))

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

(IAW FAR 19.308(d))

(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 _____________ assigned to contract number ______________________________.

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

(Applicable in solicitations and contracts exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

(IAW FAR 22.103-5(a)) (IAW FAR 22.101-1(e), Applicable when the head of the contracting activity designates programs or requirements for which it is necessary that contractors be required to notify the Government of actual or potential labor disputes that are delaying or threaten to delay the timely contract performance (see 22.103-5(a)).

52.222-3 CONVICT LABOR (JUN 2003)

(IAW FAR 22.202)

(Applicable when performance is in the U.S., Puerto Rico, Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands, unless subject to the Walsh-Healey Public Contracts Act, purchase is from Federal Prisons Industries, Inc., or purchase is from any State prison of finished supplies that may be secured in the open market/existing stocks, as distinguished from supplies requiring special fabrication, and exceeds the micro-purchase threshold)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(IAW FAR 22.810(a)(1)) (Applicable when exceeding $10,000, except those exempted by FAR 22.807 (b) which includes those for work to be performed outside the U.S. by employees who were not recruited within the U.S.)

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(IAW FAR 22.810(e))

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

(IAW FAR 22.1408(a)) (Applicable over $10,000 except when performance of work and recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island, or the agency head has waived, in accordance with 22.1403(a) or 22.1403(b) all the terms of the clause)

52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

(IAW FAR 22.1006(a)) (Applicable to services over $2,500)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

(IAW FAR 22.1006(b)) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage Fringe Benefits Machine Operator Varies depending on geographic location of the contractor

(The above Clause/Provision has been modified.)

(Applicable to service items over $2,500)

52.222-49 SERVICE CONTRACT ACT--PLACE OF PERFORMANCE UNKNOWN (MAY 1989)

(IAW FAR 22.1006(f))

(a) In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: Per Place of Performance (TBD) . The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by 03 :00 PM , 21 -MAY -2008 .

52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007)

(IAW FAR 22.1705(a))

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006)

(IAW FAR 25.1103(a)) (Applicable to supplies or services involving the furnishing of supplies unless an exception applies)

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003)

(IAW DFARS 225.1101(3))

(Applicable if one of the following clauses are included: DFARS 252.225-7001, 252.225-7021 or 252.225-7036)

252.225-7036 BUY AMERICAN ACT--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM (MAR 2007) (IAW DFARS 225.1101(10)(i)) (Applicable for items listed at 225.401-70, when the estimated value equals or exceeds $25,000, but is less than $194,000, and a Free Trade Agreement applies to the acquisition)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

(IAW FAR 27.201-2(a)(1)) (Applicable except when both complete performance and delivery are outside the United States)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) (IAW FAR 27.201-2(b))

52.232-1 PAYMENTS (APR 1984)

(IAW FAR 32.111(a)(1)) (Applicable to fixed-price supply or services and non-regulated communication services).

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

(IAW FAR 32.111(b)(1)) (Applicable to fixed-price supply or fixed-price service)

52.232-11 EXTRAS (APR 1984)

(IAW FAR 32.111(c)(2)) (Applicable to fixed-price supply, fixed-price service, or transportation)

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

(IAW FAR 32.806(a)(1)) (Applicable when the micro-purchase threshold is exceeded, unless the contract will prohibit the assignment of claims (see 32.803(b))

52.232-25 PROMPT PAYMENT (OCT 2003)

(IAW FAR 32.908(c))

(a) Invoice payments—

(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(Applicable except when the clause at 52.212-4, Contract Terms and Conditions--Commercial Items is included)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (IAW FAR 32.1110(a)(1)) (Applicable for solicitations and contracts that include the clause at 52.204-7 or an agency clause that requires a contractor to be registered in the CCR database and maintain registration until final payment, unless (i) Payment will be made through a third party arrangement; or (ii) An exception listed in 32.1103(a) through (i) applies.)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

(IAW DFARS 232.7004)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or

(4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7009 MANDATORY PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD (DEC 2006)

(IAW DFARS 232.1110)

(Applicable at or below the micro-purchase threshold and Governmentwide commercial purchase card is required)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(IAW DFARS 232.7102)

(Applicable to all solicitations and contracts over the micro-purchase threshold issued hereunder)

52.233-1 DISPUTES (JUL 2002)

(IAW FAR 33.215)

(Applicable except to foreign governments or their agencies, or to international organizations or a subsidiary body of that organization, if the agency head determines that the application of the Act to the contract would not be in the public interest)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

(IAW FAR 33.106(b))

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(IAW FAR 33.215(b)) (Applicable to all solicitations and contracts)

52.237-11 ACCEPTING AND DISPENSING OF $1 COIN (AUG 2007)

(IAW FAR 37.116-2)

(Applicable to the provision of services that involve business operations conducted in U.S. coins and currency, including vending machines, on any premises owned by the United States or under the control of any agency or instrumentality of the United States)

52.243-1 CHANGES--FIXED-PRICE (AUG 1987)

(IAW FAR 43.205(a)(1)) (Applicable to fixed-price supplies)

52.243-1 CHANGES--FIXED-PRICE -- ALTERNATE I (APR 1984)

(IAW FAR 43.205(a)(2)) (Applicable to services (other than architect-engineer or other professional services) with no supplies)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

(IAW DFARS 243.205-70)

(Applicable to fixed-price efforts)

52.244-2 SUBCONTRACTS (JUN 2007)

(IAW FAR 44.204(a)(1), FAR 44.204(a)(3))

(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts:

Subcontracts

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

Subcontracts

(Applicable to cost-reimbursement, letter contract exceeding the simplified acquisition threshold, fixed-price exceeding the simplified acquisition threshold under which unpriced actions are anticipated, time-and-materials exceeding the simplified acquisition threshold, or labor-hour contracts exceeding the simplified acquisition threshold)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2007)

(IAW FAR 44.403)

(Applicable to supplies or services other than commercial items)

52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

(IAW FAR 47.104-4(a), FAR 47.104-4(b)) (Applicable when fixed-price f.o.b. origin or Cost-reimbursement are specified)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984) (IAW FAR 49.502(a)(1)) (Applicable at the simplified acquisition threshold or less, except as specified in FAR 49.502(a)(1)(i), (ii), (iii) or (iv))

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

(IAW FAR 52.107(b)) 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):

Regulations URLs: (Click on the appropriate regulation.)