RFP_FA853308R24092_ Final.doc

DOC document 772 KB Posted

Attached to
Flight Line Tow Tractors Federal contract opportunity
Solicitation number
FA853308R24092
Issued by
Department of the Air Force Materiel Command Lifecycle Management Center Robins Air Force Base

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Solicitation

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Other files for this federal contract opportunity

Other files attached to Flight Line Tow Tractors, newest first.
File Type Posted
FA853308R24092______0004.pdf PDF
FA853308R24092______0003.pdf PDF
Q A_24092_3.doc DOC document
Questions Answers-12 Mar 09.doc DOC document
FA853308R24092______0002.pdf PDF
Q A_24092.doc DOC document
FA853308R24092______0001.pdf PDF
Attch_4_Transmittal_Ltr.doc DOC document
FLTT CID Published A-A-59312C 31July06.pdf PDF
Attch_2_Client_Ltr.doc DOC document
FLTT CID Continuation Sheet Form 762 23June08.pdf PDF
SPI.pdf PDF
AFMC158.pdf PDF
Attch_5_Questionnaire_Performance.rtf RTF text file
Attachment1(FACTS Sheet)_24092.doc DOC document
CDRLs - Modified.pdf PDF
TMCR_0824092_00_1.pdf PDF
Attachment 6_Quantity Ranges.doc DOC document
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Text version

SUPPLIES OR SERVICES AND PRICES/COSTS

(a) The contractor shall provide Flight Line Tow Tractors in accordance with the Commercial Item Description (CID) A-A-59312C dated 31 July 2006 and Continuation Sheet dated 23 June 2008 referenced in this document. This RFP will result in a requirements-type contract as defined in FAR 16.5.

(b) See the RFP clause, “Pre-Production Unit Testing” for information relative to pre-production testing of the Flight Line Tow Tractor. Each offeror shall provide one each Flight Line Tow Tractor, 4X2 pre-production unit involved in this RFP for Government qualification testing. See the RFP clause, “Delivery Schedule Requirements” for pertinent information relative to the Government’s required delivery for the Flight Line Tow Tractor pre-production unit and production units.

(c) The Government will not accept Not Separately Priced (NSP), No Charge (N/C), $0.00, etc., on any line items other than those already designated as “NSP” in the schedule. Offerors are advised to review all data items and ensure that they are proposing to the specific data requirement and level of effort involved.

(d) For Contract Line Item Numbers (CLINs) 0002, 0003, and the corresponding CLINs in the option years, the offeror shall propose quantity/price ranges within the BEQ. The quantity/price ranges information shall be identified on Attachment 6, Quantity/Price Ranges. The offeror shall ensure that the proposed quantity/price ranges are clearly marked as to the line item that such applies, e.g. CLIN 0002, 0003, 1001, 2001, etc. Proposed ranges shall cover all quantities from 1 EA to the BEQ; however, proposed quantities shall not exceed the BEQ. Any single order for a quantity in excess of the BEQ shall be priced at the unit price proposed for the BEQ.

(e) The quantities reflected in the Schedule represent the Government’s Best Estimated Quantities (BEQs) and do not represent a minimum or a maximum quantity. Failure of the Government to order the BEQ quantity shall not entitle the contractor to an equitable adjustment in price under the contract.

(f) The NSN shown in the Schedule is assigned for authorization and procurement purposes only. The Flight Line Tow Tractor will not be shipped under this NSN. Each offeror shall identify the part number that it intends to assign to the end item produced under the resulting contract. Offeror’s proposed part number for the Flight Line Tow Tractor is: 4X2_____________________, 4X4_____________________.

BASIC CONTRACT PERIOD. (The prices in the Basic Contract Period shall be in effect from the effective date of the contract for a period of 12 months.) Specific dates will be established upon award of the contract.

4X2 FLIGHT LINE TOW TRACTOR PRE-PRODUCTION UNIT

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
EA

NSN: 1740-01-068-8945 YW

Flight Line Tow Tractor, 4X2

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Total 4X2 pre-production unit to be delivered is 1 each

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Acceptance: Origin

Inspection/Acceptance Report: Wide Area Work Flow

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE

F.O.B.

+ TBC

ORIGIN

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
1

TBC

TBC

Proposed Delivery

+ TBC
1

The contractor shall notify the cognizant engineer IAW the DD Form 1423, ELIN A001, no later than 30 calendar days prior to the test and inspection of the pre-production unit.

The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each tow tractor.

NOTE TO CONTRACTOR:

(a) The following must be accomplished before acceptance of pre-production unit:

Requirement

Reference

Approved Test Procedures

CLIN 0011

Approved Test/Inspection Report

CLIN 0012

Approved Instructional Media Package

CLIN 0014

Approved 70% Technical Manuals

CLIN 0015

(b) Government approval/acceptance of any requirement, plan/procedure, report, test report, manual, end items of whatever nature, pre-production units, production units, in short, of any deliverable under this contract of whatever nature, does not relieve the contractor of its obligations under the contract, does not constitute Government responsibility for defects in any of the aforesaid items, nor Government responsibility for any items' design, or constitute actual or constructive notice to the Government of defects, including latent defects. Any re-testing, re-drafting, re-writing, and/or additional efforts of whatever nature caused as a result of Government disapproval of any of the aforesaid items shall be at the sole cost of the contractor.

PRODUCTION UNITS

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
238
EA

NSN: 1740-01-068-8945 YW

Flight Line Tow Tractor, 4X2

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

+ TBC

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
238 EA

TBC

TBC

Proposed Delivery

+ TBC
238 EA

Note: The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each tow tractor.

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
17
EA

NSN: 1740-01-452-4117 YW

Flight Line Tow Tractor, 4X4

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

+ TBC

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
17 EA

TBC

TBC

Proposed Delivery

+ TBC
17 EA

Note: The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each tow tractor.

OPTIONAL ACCESSORIES

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Dark Green Paint (Color 14052)

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Desert Sand Paint (Color 13448)

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
125
EA

Heavy Duty Winterization (Type A) Package

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
588
EA

Winterization (Type C) Package

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
200
EA

Air Conditioning

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
50
EA

Air System For Towing Trailers

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
110
EA

Driver Side Spotlight

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

DATA

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO

Test Procedures

ELIN: A001

IAW DD Form 1423 Attached Hereto

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Destination

Acceptance: Destination

Exhibit: A

Quality Assurance: IAW DD Form 1423

FORMCHECKBOX

+ IAW1423

DESTINATION

Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ IAW1423
1 LO

TBC

Proposed Delivery

+ IAW1423
1 LO

Government Notice of Approval/Disapproval 45 days.

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO

Test/Inspection Report

ELIN: A002

IAW DD Form 1423 Attached Hereto

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Destination

Exhibit: A

Quality Assurance: IAW DD Form 1423

FORMCHECKBOX

+ IAW1423

Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ IAW1423
1 LO

TBC

Proposed Delivery

+ IAW1423
1 LO

Government Notice of Approval/Disapproval 45 days.

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Technical Report-Study/Services

ELIN: A003

IAW DD Form 1423 Attached Hereto

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Destination

Exhibit: A

Quality Assurance: IAW DD Form 1423

FORMCHECKBOX

+ IAW1423

Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ IAW1423
1 LO

TBC

Proposed Delivery

+ IAW1423
1 LO

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO

Instructional Media Package (Review Package)

ELIN: B001 DVD shall be shipped as pack-up data with each Flight Line Tow Tractor. Costs associated with this pack-up data shall be included in the unit price(s) proposed for CLINs 0001, 0002, and 0003 in the Basic Contract Period and CLINs 1001, 1002, 2001, 2002, 3001, 3002, 4001, and 4002 in the Option Periods.

IAW DD Form 1423 Attached Hereto

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Destination

Exhibit: A

Quality Assurance: IAW DD Form 1423

FORMCHECKBOX

+ IAW1423

Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ IAW1423
1 LO

TBC

Proposed Delivery

+ IAW1423
1 LO

Government Notice of Approval/Disapproval 15 days.

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO

Technical Manual Contract Requirement (TMCR)

Set of Review Manuals (Set is comprised of 2 manuals) ELIN: B001 Manuals shall be shipped as pack-up data with each Flight Line Tow Tractor. Costs associated with this pack-up data shall be included in the unit price(s) proposed for CLINs 0001, 0002, and 0003 in the Basic Contract Period and CLINs 1001, 1002, 2001, 2002, 3001, 3002, 4001, and 4002 in the Option Periods.

IAW DD Form 1423 Attached Hereto

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Destination

Exhibit: A

Quality Assurance: IAW DD Form 1423

FORMCHECKBOX

+ IAW1423

Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ IAW1423
1 LO

TBC

Proposed Delivery

+ IAW1423
1 LO

(a) NOTE: Offeror must submit two paper copies and one electronic copy of the manuals IAW Section 2, Part B of the TMCR 30 days prior to pre-production testing and inspection. Final delivery and acceptance of the technical data must be accomplished 30 prior to shipment of any Production Unit hereunder unless prior written approval is obtained from the Government via the PCO.

(b) Excluding the pre-production unit, no delivery acceptance will occur without completed and Government accepted technical manuals.

Option I. (The prices in Option I shall be applicable for the 12 month period immediately following the effective dates set forth for the Basic contract period.) Option I may be exercised on or before the last day of the basic contract period. Specific dates shall be established upon award of the contract.

For Contract Line Item Numbers (CLINs) 1001 and 1002 for Flight Line Tow Tractors, offerors shall propose quantity/price ranges within the BEQ. The quantity/price ranges information shall be identified on Attachment 6, Quantity Ranges. The offeror shall ensure that the proposed quantity/price ranges are clearly marked as to the line item that such applies, e.g. CLIN 0002, 0003, 1001, 2001, etc. Proposed ranges shall cover all quantities from 1 EA to the BEQ; however, proposed quantities shall not exceed the BEQ. Any single order for a quantity in excess of the BEQ shall be priced at the unit price proposed for the BEQ.

PRODUCTION UNITS

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
191
EA

NSN: 1740-01-068-8945 YW

Flight Line Tow Tractor, 4X2

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

+ TBC

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
191 EA

TBC

TBC

Proposed Delivery

+ TBC
191 EA

Note: The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each Flight Line Tow Tractor.

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
9
EA

NSN: 1740-01-452-4117 YW

Flight Line Tow Tractor, 4X4

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

+ TBC

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
9 EA

TBC

TBC

Proposed Delivery

+ TBC
9 EA

Note: The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each Flight Line Tow Tractor.

OPTIONAL ACCESSORIES

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Dark Green Paint (Color 14052)

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Desert Sand Paint (Color 13448)

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
41
EA

Heavy Duty Winterization (Type A) Package

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
117
EA

Winterization (Type C) Package

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
144
EA

Air Conditioning

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
71
EA

Air System For Towing Trailers

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
142
EA

Driver Side Spotlight

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

DATA

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Technical Report-Study/Services

ELIN: A003

IAW DD Form 1423 Attached Hereto

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Destination

Exhibit: A

Quality Assurance: IAW DD Form 1423

FORMCHECKBOX

+ IAW1423

Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ IAW1423
1 LO

TBC

Proposed Delivery

+ IAW1423
1 LO

Option II. (The prices in Option II shall be applicable for the 12 month period immediately following the effective dates set forth for Option I.) Option II may be exercised on or before the last day of Option I. Specific dates shall be established upon award of the contract.

For Contract Line Item Numbers (CLINs) 2001 and 2002 for Flight Line Tow Tractors, offerors shall propose quantity/price ranges within the BEQ. The quantity/price ranges information shall be identified on Attachment 6, Quantity Ranges. The offeror shall ensure that the proposed quantity/price ranges are clearly marked as to the line item that such applies, e.g. CLIN 0002, 0003, 1001, 2001, etc. Proposed ranges shall cover all quantities from 1 EA to the BEQ; however, proposed quantities shall not exceed the BEQ. Any single order for a quantity in excess of the BEQ shall be priced at the unit price proposed for the BEQ.

PRODUCTION UNITS

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
208
EA

NSN: 1740-01-068-8945 YW

Flight Line Tow Tractor, 4X2

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

+ TBC

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
208 EA

TBC

TBC

Proposed Delivery

+ TBC
208 EA

Note: The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each Flight Line Tow Tractor.

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
6
EA

NSN: 1740-01-452-4117 YW

Flight Line Tow Tractor, 4X4

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

+ TBC

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
6 EA

TBC

TBC

Proposed Delivery

+ TBC
6 EA

Note: The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each Flight Line Tow Tractor.

OPTIONAL ACCESSORIES

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Dark Green Paint (Color 14052)

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Desert Sand Paint (Color 13448)

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
44
EA

Heavy Duty Winterization (Type A) Package

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
120
EA

Winterization (Type C) Package

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
154
EA

Air Conditioning

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
76
EA

Air System For Towing Trailers

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
153
EA

Driver Side Spotlight

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

DATA

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Technical Report-Study/Services

ELIN: A003

IAW DD Form 1423 Attached Hereto

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Destination

Exhibit: A

Quality Assurance: IAW DD Form 1423

FORMCHECKBOX

+ IAW1423

Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ IAW1423
1 LO

TBC

Proposed Delivery

+ IAW1423
1 LO

Option III. (The prices in Option III shall be applicable for the 12 month period immediately following the effective dates set forth for Option II.) Option III may be exercised on or before the last day of Option II. Specific dates shall be established upon award of the contract.

For Contract Line Item Numbers (CLINs) 3001 and 3002 for Flight Line Tow Tractors, offerors shall propose quantity/price ranges within the BEQ. The quantity/price ranges information shall be identified on Attachment 6, Quantity Ranges. The offeror shall ensure that the proposed quantity/price ranges are clearly marked as to the line item that such applies, e.g. CLIN 0002, 0003, 1001, 2001, etc. Proposed ranges shall cover all quantities from 1 EA to the BEQ; however, proposed quantities shall not exceed the BEQ. Any single order for a quantity in excess of the BEQ shall be priced at the unit price proposed for the BEQ.

PRODUCTION UNITS

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
115
EA

NSN: 1740-01-068-8945 YW

Flight Line Tow Tractor, 4X2

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Inspection/Acceptance Report: Wide Area Workflow

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

+ TBC

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
115 EA

TBC

TBC

Proposed Delivery

+ TBC
115 EA

Note: The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each Flight Line Tow Tractor.

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
12
EA

NSN: 1740-01-452-4117 YW

Flight Line Tow Tractor, 4X4

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

+ TBC

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
12 EA

TBC

TBC

Proposed Delivery

+ TBC
12 EA

Note: The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each Flight Line Tow Tractor.

OPTIONAL ACCESSORIES

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Dark Green Paint (Color 14052)

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Desert Sand Paint (Color 13448)

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
26
EA

Heavy Duty Winterization (Type A) Package

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
118
EA

Winterization (Type C) Package

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
95
EA

Air Conditioning

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
45
EA

Air System For Towing Trailers

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
95
EA

Driver Side Spotlight

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

DATA

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Technical Report-Study/Services

ELIN: A003

IAW DD Form 1423 Attached Hereto

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Destination

Exhibit: A

Quality Assurance: IAW DD Form 1423

FORMCHECKBOX

+ IAW1423

Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ IAW1423
1 LO

TBC

Proposed Delivery

+ IAW1423
1 LO

Option IV. (The prices in Option IV shall be applicable for the 12 month period immediately following the effective dates set forth for Option III.) Option IV may be exercised on or before the last day of Option III. Specific dates shall be established upon award of the contract.

For Contract Line Item Numbers (CLINs) 4001 and 4002 for Flight Line Tow Tractors, offerors shall propose quantity/price ranges within the BEQ. The quantity/price ranges information shall be identified on Attachment 6, Quantity Ranges. The offeror shall ensure that the proposed quantity/price ranges are clearly marked as to the line item that such applies, e.g. CLIN 0002, 0003, 1001, 2001, etc. Proposed ranges shall cover all quantities from 1 EA to the BEQ; however, proposed quantities shall not exceed the BEQ. Any single order for a quantity in excess of the BEQ shall be priced at the unit price proposed for the BEQ.

PRODUCTION UNITS

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
160
EA

NSN: 1740-01-068-8945 YW

Flight Line Tow Tractor, 4X2

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

+ TBC

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
160 EA

TBC

TBC

Proposed Delivery

+ TBC
160 EA

Note: The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each Flight Line Tow Tractor.

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
10
EA

NSN: 1740-01-452-4117 YW

Flight Line Tow Tractor, 4X4

In Accordance With CID A-A-59312C and CID Continuation Sheet dated 23 June 2008

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

+ TBC

Type / Ship To
PACRN
Mark For
+ TBC
PAA
TBC
Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ TBC
10 EA

TBC

TBC

Proposed Delivery

+ TBC
10 EA

Note: The contractor's commercial technical manual, warranty, and instructional media package will be shipped as pack-up data with each Flight Line Tow Tractor.

OPTIONAL ACCESSORIES

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Dark Green Paint (Color 14052)

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Desert Sand Paint (Color 13448)

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
35
EA

Heavy Duty Winterization (Type A) Package

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
120
EA

Winterization (Type C) Package

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
122
EA

Air Conditioning

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
60
EA

Air System For Towing Trailers

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty
U/I
Unit Price
122
EA

Driver Side Spotlight

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Origin

Quality Assurance: Commercial Item Inspection

Buy American Act/Balance of Payments Program

DATA

Item No.

Firm Fixed Price

Quantity
U/I
Unit Price
1
LO
Not Separately Priced

Technical Report-Study/Services

ELIN: A003

IAW DD Form 1423 Attached Hereto

Purchase Request(s)
PR Line Item(s)
*
*

Inspection: Destination

Exhibit: A

Quality Assurance: IAW DD Form 1423

FORMCHECKBOX

+ IAW1423

Type / Ship To
Quantity (U/I)
To be cited on individual orders issued hereunder
_
Req No / Pri

Required Delivery

+ IAW1423
1 LO

TBC

Proposed Delivery

+ IAW1423
1 LO

NOTES APPLICABLE TO SCHEDULE:

1.

All Contract Line Item Numbers (CLINs) are firm-fixed price.

2.

TBC Denotes “To Be Cited” in each individual delivery order issued hereafter.

3.

Applicable Ship To, Mark For, Requisition Number, CLIN, ACRN, and ACRN Total will be identified on each individual delivery order issued hereafter.

4.

The NSNs shown in the Schedule are assigned for authorization and procurement purposes only. The Flight Line Tow Tractors will not be shipped under these NSNs.

5.

A commercial warranty will be provided with each Flight Line Tow Tractor. In keeping with commercial terms found to be common in the general marketplace, the price of the warranty is included in the price of each Flight Line Tow Tractor and is not separately priced.

6.

See the clause titled, “Delivery Schedule Requirements” for pertinent information relative to Government’s required delivery for the Flight Line Tow Tractor pre-production and production units.

7.

The contractor shall request USAF Registration Numbers from the Item Manager no earlier than 90 days but no later than 60 days prior to shipment.

PRE-PRODUCTION UNIT TESTING: CLIN 0001

a) Pre-production Unit testing is a requirement of this contract. Performance or other characteristics, which the pre-production unit must meet, and detailed technical data requirements for testing of the pre-production unit (including necessary data to be submitted) are as set forth in this solicitation and attachments. The approved pre-production unit will not serve as a manufacturing standard. The pre-production units, once accepted, will become part of the initial production quantities. The term “days” denotes calendar days.

b) Test Procedure: The Contractor shall submit the Flight Line Tow Tractor pre-production unit test procedures required by line item 0011 within 90 days after receipt of delivery order. Within 45 days after the Government receives the report, marked TEST PROCEDURES, ELIN A001, the Contracting Officer shall notify the Contractor, in writing, of the approval, or disapproval. The notice of approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of disapproval shall cite reasons for the disapproval.

The contractor shall notify the cognizant engineer IAW the DD Form 1423 no later than 30 calendar days prior to the test and inspection of the pre-production unit.

c) Test/Inspection Report: The Contractor shall submit the Flight Line Tow Tractor pre-production unit test report required by line item 0012 within 200 days after receipt of delivery order. Within 45 days after the Government receives the report, marked TEST/INSPECTION REPORT, ELIN A002, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, or disapproval of the pre-production unit. The notice of conditional approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further testing required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

d) If the pre-production unit is disapproved, the Contractor, upon Government request, shall repeat any or all tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the pre-production unit or select another production unit for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests/shipping following a notice of disapproval. The Contractor shall then conduct the tests and deliver another test report to the Government under the terms and conditions of the contract and within the time specified by the Government. The Government shall take action on this report within the time specified in the appropriate DD 1423. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests. When the Government determines that a complete retest is not required, the Contracting Officer may adjust the total retesting cost accordingly.

e) In the event production units are ordered or options periods are exercised prior to pre-production unit approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before the pre-production unit approval, the costs thereof shall not be allocable to this contract for termination settlements if the contract is terminated for convenience of the Government.

f) The Contractor shall produce both the pre-production units and the production quantity at the same facility. Any change in location or ownership of the plant where a previously qualified product was manufactured or performed requires reevaluation of the qualification. Under reevaluation, the Government can require that the product be recertified to include retesting to ensure that all processes, controls, test devices, etc. that are in place at the new location duplicate the previous location.

DELIVERY SCHEDULE REQUIREMENTS

1.

Pre-production Units: The Government will order the pre-production unit via CLIN 0001 on the initial delivery order placed against this contract. Flight Line Tow Tractor Pre-production Unit (CLIN 0001) shall be delivered no later than 275 calendar days* after the effective date of the delivery order.

2. Production Units: The required delivery of the Flight Line Tow Tractor Production Units (CLINs 0002, 0003, 1001, 1002, 2001, 2002, 3001, 3002, 4001 and 4002) is the first twenty five units ordered on the first delivery order issued for production units shall be delivered no later than 180 calendar days* after the effective date of the delivery order. If the units identified on the first delivery order exceed twenty five, the contractor shall deliver the units at a rate of twenty five (25) units per 30-day period until such time that the order quantity is completely delivered. Subsequent delivery orders issued for Flight Line Tow Tractor Production Units shall require the contractor to continue to deliver at a rate of twenty five (25) units per 30-day period until such time that all ordered quantity is completely delivered. Each delivery order will identify a specific delivery date for the units that are in that order. The maximum output required per 30-day period is 25 units ** unless otherwise specified in the delivery order.

*The offeror may propose a shorter duration for delivery as follows:

Pre-production Unit: __________________________________

Production Units: _____________________________________

**The offeror may propose a higher output per month as follows: _______________________________

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: + IAW1423

IAD DD Form 1423 attached hereto

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

AWARD NUMBER:

TYPE/CODE: + TBC

To be cited on individual orders issued hereunder

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

AWARD NUMBER:

CONTRACT CLAUSES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2008)

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

(2) 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.]

__X __
(1)
52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).
__ __
(2)
52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).
__ __
(3)
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
(4)
52.219-5 [Reserved]
__X __
(5)
(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C. 644).
__ __
(5)
(ii) Alternate I (Oct 1995) of 52.219-6.
__ __
(5)
(iii) Alternate II (Mar 2004) of 52.219-6.
__ __
(6)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).
__ __
(6)
(ii) Alternate I (Oct 1995) of 52.219-7
__ __
(6)
(iii) Alternate II (Mar 2004) of 52.219-7
__X __
(7)
52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)).
__ __
(8)
(i) 52.219-9, Small Business Subcontracting Plan (Deviation) (Nov 2007)(15 U.S.C. 637(d)(4)). (IAW DARS Tracking 2008-O0004.)
__ __
(8)
(ii) Alternate I (Oct 2001) of 52.219-9.
__ __
(8)
(iii) Alternate II (Oct 2001) of 52.219-9.
__X __
(9)
52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).
__ __
(10)
52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ __
(11)
(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(In accordance with DDP Memo dated 9 Feb 2007, DAR Tracking Number 2007-O0002, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 10 March 2007 to 9 March 2008.)

__ __
(11)
(ii) Alternate I (June 2003) of 52.219-23.

(In accordance with DDP Memo dated 9 Feb 2007, DAR Tracking Number 2007-O0002, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 10 March 2007 to 9 March 2008.)

__ __
(12)
52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Deviation) (Oct 1999)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). (IAW DARS Tracking 2008-O0004.)
__ __
(13)
52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ __
(14)
52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).
__X __
(15)
52.219-28, Post Award Small Business Program Rerepresentation (June 2007)(15 U.S.C. 632(a)(2)).
__ __
(16)
52.222-3, Convict Labor (June 2003)(E.O. 11755).
__X __
(17)
52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008)(E.O. 13126).
__X __
(18)
52.222-21, Prohibition of Segregated Facilities (Feb 1999).
__X __
(19)
52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
__X __
(20)
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).
__X __
(21)
52.222-36, Affirmative Action For Workers with Disabilities (June 1998)(29 U.S.C. 793).
X
(22)
52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).
__X __
(23)
52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).
__X __
(24)
(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).
__ __
(24)
(ii) Alternate I (Aug 2007) of 52.222-50.
__ __
(25)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)).
__ __
(25)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).
(26)
52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b).
(27)
(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
(27)
(ii) Alternate I, (Dec 2007) of 52.223-16.
__ __
(28)
52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).
__ __
(29)
(i) 52.225-3, Buy American Act--Free Trade Agreement--Israeli Trade Act (Aug 2007)(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169).
__ __
(29)
(ii) Alternate I (Jan 2004) of 52.225-3.
__ __
(29)
(iii) Alternate II (Jan 2004) of 52.225-3.
__ __
(30)
52.225-5, Trade Agreements (Nov 2007)(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___X __
(31)
52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).
__ __
(32)
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150).
__ __
(33)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).
__ __
(34)
52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 522(f), 10 U.S.C. 2307(f)).
__ __
(35)
52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__X __
(36)
52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)(31.U.S.C. 3332).
__ __
(37)
52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999)(31.U.S.C. 3332).
(38)
52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).
__ __
(39)
52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
__ __
(40)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
__ _
(40)
(ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ __
(1)
52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).
__ __
(2)
52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
(3)
52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ __
(4)
52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ __
(5)
52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007)(41 U.S.C. 351 et seq.).
__ __
(6)
52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007)(41 U.S.C. 351 et seq.).
__ __
(7)
52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in 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 $550,000 ($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 (June 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) 52.222-51, 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.).

(ix) 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.).

(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.

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

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (SEP 2008)

(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.

__X __
52.203‑3
Gratuities (APR 1984) (10 U.S.C. 2207)

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

__X __
(1)
252.205‑7000
Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).
__ __
(2)
252.219‑7003
Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).
__ __
(3)
252.219‑7004
Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note).
__X __
(4)
252.225‑7001
Buy American Act and Balance of Payment Program (JUN 2005) (41 U.S.C. 10a-10d, E.O. 10582).
__X __
(5)
252.225‑7012
Preference for Certain Domestic Commodities (MAR 2008) (10 U.S.C. 2533a).
__X __
(6)
252.225‑7014
Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a). (DAR Tracking # 2008-O0002 specifies use of class deviation 252.225-7014 dated Jan 2008)
__ __
(7)
252.225‑7015
Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).
__ __
(8)
252.225‑7016
Restriction on Acquisition of Ball and Roller Bearings (JUN 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).
__ __
(9)
252.225-7021
Trade Agreements (MAR 2007) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
__ __
(10)

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