RFP FA8533-08-R-25855.doc

SUPPLIES OR SERVICES AND PRICES/COSTS

INFORMATION ON 250KW MOTOR GENERATOR SET PROGRAM

A) The successful offeror (the contractor) shall provide 250KW motor generators in accordance with the Purchase Description (PD) PD07WRGBZOENF7 dated 25 June 2008, and the Statement of Work dated 30 June 2008.

B) This RFP will result in a requirements-type Indefinite Delivery contract as defined in FAR 16.5. All clauses/provisions in the RFP and resultant contract are important and the offeror shall ensure that it has reviewed and understands each one. Specifically, see the clauses "Preproduction Unit Testing" and "Delivery Requirements."

C) In order to maintain line item integrity and balanced pricing, the Government will not accept responses of "Not Separately Priced (NSP)," No Charge, $0.00, etc. on any Contract Line Item Numbers (CLINs) other than those already designated as "NSP" by the Government in the Schedule. Offerors are advised to review all data items to ensure that they understand the data requirements and level of effort involved.

D) For Contract Line Item Numbers (CLINs) 0008, 1001, 2001, 3001, and 4001, the offeror shall propose quantity/price ranges within the BEQ. The proposed quantity/price ranges shall reflect either 1) a range of 1 to the BEQ – OR, 2) multiple quantity ranges up to the BEQ. Should multiple quantity ranges be proposed, such information shall be identified in Attachment 6, Multiple 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 0008, 1001, 2001, etc. Proposed ranges shall cover all quantities from 1 each 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 identified in the Schedule represent the Government's Best Estimated Quantities (BEQs) and do not represent a minimum or 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 National Stock Number (NSN) used in this RFP is a generic one and is used for solicitation purposes only. An asset-specific NSN will be assigned subsequent to contract award.

G) Specific effective dates will be established for the Basic Contract Period as well as all option periods upon award of the contract.

* Denotes – To be cited in each delivery order issued against the contract.

BASIC CONTRACT PERIOD (The prices in the Basic Contract Period shall be in effect from the date of contract award for a period of 24 months).

Preproduction Unit

Item No.

Firm Fixed Price

Amount

NSN: 6125-01-548-0271 ID

250KW Motor Generator

Preproduction Unit

SubCLINs 0001AA and 0001AB shall equate to the total unit cost of the preproduction unit in 0001.

Limitations of Liability: Other Than High Value Item

FOB: Origin Inspection: Origin

Acceptance: Origin

Inspection/Acceptance Report: Wide Area Workflow (WAWF)

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program

Required Delivery: See "Delivery Requirements" Clause.

Non-recurring Costs for the Preproduction Unit

Item No.

0001AA

Firm Fixed Price

Amount

NSN: 6125-01-548-0271 ID

250KW Motor Generator

Preproduction Unit, Non-recurring Costs

Buy American Act/Balance of Payments Program

ACRN: *

Recurring Costs for the Preproduction Unit

Item No.

0001AB

Firm Fixed Price

Amount

NSN: 6125-01-548-0271 ID

250KW Motor Generator

Preproduction Unit, Recurring Costs

Buy American Act/Balance of Payments Program

Testing Data for Preproduction Unit

Item No.

DATA (ELINs A001-A003)

In accordance with DD Forms 1423s in support of CLIN 0001, Preproduction Unit.

Limitations of Liability: Other Than High Value Item

FOB: Destination Inspection: Destination

Acceptance: Destination

Quality Assurance: IAW DD 1423

Item No.

0002AA

Firm Fixed Price

Amount

ELIN A001, Preproduction Test Plan

Required Delivery

+ IAW1423

Item No.

0002AB

Firm Fixed Price

Amount

ELIN A002, Preproduction Test Procedures

Required Delivery

+ IAW1423

Item No.

0002AC

Firm Fixed Price

Amount

ELIN A003, Preproduction Unit Test Report

Required Delivery

+ IAW1423

Program Management Reports for Preproduction Unit

Item No.

DATA (ELINs B001-B006)

In accordance with DD Forms 1423s

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: IAW DD 1423

Item No.

0003AA

Firm Fixed Price

Amount

Not Separately Priced

ELIN B001, Contractor's Progress, Status & Management Report

Required Delivery

+ IAW1423

Item No.

0003AB

Firm Fixed Price

Amount

Not Separately Priced

ELIN B002, Design Review Data Package

Required Delivery

+ IAW1423

Item No.

0003AC

Firm Fixed Price

Amount

Not Separately Priced

ELIN B003, System Safety Hazard Analysis Report

Required Delivery

+ IAW1423

Item No.

0003AD

Firm Fixed Price

Amount

Not Separately Priced

ELIN B004, Technical Report - Study/Services

Required Delivery

+ IAW1423

Item No.

0003AE

Firm Fixed Price

Amount

Not Separately Priced

ELIN B005, Conference Agenda

Required Delivery

+ IAW1423

Item No.

0003AF

Firm Fixed Price

Amount

Not Separately Priced

ELIN B006, Conference Minutes

Required Delivery

+ IAW1423

Technical Manual

Item No.

Firm Fixed Price

Amount

ELIN C001

Technical Manual Contract Requirements (TMCR) in accordance with DD1423

Limitations of Liability: Other Than High Value Item

FOB: Destination

Inspection/Acceptance Report: Wide Area Work Flow

Quality Assurance: In Accordance with DD1423

Required Delivery

+ IAW1423

Provisioning Data

Item No.

DATA (ELINs D001-D002)

Provisioning Data in accordance with DD1423s

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance with DD1423

Item No.

0005AA

Firm Fixed Price

Amount

ELIN D001, Logistics Management Information Data Products (LMI)

Required Delivery

+ IAW1423

Item No.

0005AB

Firm Fixed Price

Amount

ELIN D002, Supplemental Data for Provisioning

Required Delivery

+ IAW1423

Data for All Production Units

Item No.

DATA (ELIN E001-E002)

Acceptance Data for Production Units

The following data shall be included as pack-up data with each 250kW motor generator delivered.

Limitations of Liability: Other Than High Value Item

Inspection: Destination

Quality Assurance: In Accordance with DD1423

Item No.

0006AA

Firm Fixed Price

Amount

Not Separately Priced

ELIN E001, Acceptance Test Procedures

Required Delivery

+ IAW1423

Item No.

0006AB

Firm Fixed Price

Amount

Not Separately Priced

ELIN E002, Acceptance Test Reports

Required Delivery

+ IAW1423

General Data, Engineering

Item No.

DATA (ELINs F001-F003)

Engineering/Configuration Data in accordance with DD1423s

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance with DD1423

Item No.

0007AA

Firm Fixed Price

Amount

ELIN F001, Engineering Change Proposals

Required Delivery

+ IAW1423

Item No.

0007AB

Firm Fixed Price

Amount

ELIN F002, Notice of Revision

Required Delivery

+ IAW1423

Item No.

0007AC

Firm Fixed Price

Amount

ELIN F003, Request for Deviation

Required Delivery

+ IAW1423

Production Units

Item No.

Firm Fixed Price

Amount

NSN: 6125-01-548-0271 ID

250KW Motor Generator

Production Units

Limitations of Liability: Other Than High Value Item

Inspection: Origin

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE

F.O.B.

B TBD

ORIGIN

Annual Option I. The prices in Annual Option I shall be applicable for the twelve month period immediately following the effective dates set forth for the Basic Contract Period. The Government may exercise Option I on or before the last day of the Basic Contract Period.

Option Year I

Item No.

Firm Fixed Price

Amount

Note that Acceptance Test Procedures (ELIN E001) and Acceptance Test Reports (ELIN

E002) shall be included with each production unit delivered.

NSN: 6125-01-548-0271 ID

250KW Motor Generator

Limitations of Liability: Other Than High Value Item

Inspection: Origin

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

B TBD

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F001, Engineering Change Proposal

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance With DD1423

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F002, Notice of Revision

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance with DD1423

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F003, Request for Deviation

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance with DD1423

Annual Option II. The prices in Annual Option II shall be applicable for the twelve month period immediately following the effective dates set forth for Annual Option I. The Government may exercise Option II on or before the last day of Annual Option I.

Option Year II

Item No.

Firm Fixed Price

Amount

Note that Acceptance Test Procedures (ELIN E001) and Acceptance Test Reports (ELIN E002) shall be included with each production unit delivered.

NSN: 6125-01-548-0271 ID

250KW Motor Generator

Limitations of Liability: Other Than High Value Item

Inspection: Origin

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

B TBD

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F001, Engineering Change Proposal

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance with DD1423

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F002, Notice of Revision

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance With DD1423

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F003, Request for Deviation

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance with DD1423

Annual Option III. The prices in Annual Option III shall be applicable for the twelve month period immediately following the effective dates set forth for Annual Option II. The Government may exercise Option III on or before the last day of Annual Option II.

Option Year III

Item No.

Firm Fixed Price

Amount

Note that Acceptance Test Procedures (ELIN E001) and Acceptance Test Reports (ELIN E002) shall be included with each production unit delivered.

NSN: 6125-01-548-0271 ID

250KW Motor Generator

Limitations of Liability: Other Than High Value Item

Inspection: Origin

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

B TBD

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F001, Engineering Change Proposal

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance with DD1423

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F002, Notice of Revision

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance With DD1423

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F003, Request for Deviation

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance with DD1423

Annual Option IV. The prices in Annual Option IV shall be applicable for the twelve month period immediately following the effective dates set forth for Annual Option III. The Government may exercise Option IV on or before the last day of Annual Option III.

Option Year IV

Item No.

Firm Fixed Price

Amount

Note that Acceptance Test Procedures (ELIN E001) and Acceptance Test Reports (ELIN E002) shall be included with each production unit delivered.

NSN: 6125-01-548-0271 ID

250KW Motor Generator

Limitations of Liability: Other Than High Value Item

Inspection: Origin

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program

FORMCHECKBOX

B TBD

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F001, Engineering Change Proposal

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance with DD1423

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F002, Notice of Revision

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance With DD1423

Item No.

Firm Fixed Price

Amount

Not Separately Priced

ELIN F003, Request for Deviation

Limitations of Liability: Other Than High Value Item

FOB: Destination

Quality Assurance: In Accordance with DD1423

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 TBD

TO BE DETERMINED

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

AWARD NUMBER:

NOTES APPLICABLE TO SCHEDULE:

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

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

3. The NSN shown in the Schedule is assigned for authorization and procurement purposes only. The 250kw Motor Generator will not be shipped under this NSN. The successful offeror will apply through the PCO for assignment of a specific NSN.

4. A warranty will be provided with each Motor Generator. 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 Motor Generator and is not separately priced.

5. See the clause, “Delivery Schedule Requirements” for pertinent information relative to Government’s required delivery for the Motor Generator pre-production and production units.

PREPRODUCTION UNIT TESTING (Feb 2009)

The contractor shall be responsible for testing the preproduction unit in accordance with the terms and conditions of the contract resulting from the solicitation. Performance and other characteristics which the preproduction unit shall meet, and detailed technical data requirements for testing of the preproduction unit (including necessary data to be submitted) are identified herein. The contractor shall ensure that it is familiar with the timelines associated with the submittal of all data, the time in which the Government has to review each submission, and the time allotted to the contractor for any revisions/corrections. Should the preproduction unit test results be determined unacceptable by the Government, the contractor shall re-perform the tests until such time that the preproduction unit passes with acceptable results. The contractor shall be responsible for all costs related to the tests. The Government may require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government that are related to repeated testing. Before Government acceptance of the preproduction unit, the acquisition of materials or the commencement of manufacturing on the production units is at the sole risk of the contractor. Subsequent to preproduction unit acceptance, the contractor shall establish and maintain configuration control. The accepted preproduction unit shall serve as the manufacturing standard. The preproduction unit shall be manufactured at the facilities in which the item is to be produced under the contract.

DELIVERY SCHEDULE REQUIREMENTS (Feb 2009)

1. Pre-Production Unit: The 250kw Motor Generator (CLIN 0001) shall be retained at the contractor facility until the last shipment on the last delivery order and shall serve as the manufacturing standard. The contractor shall be responsible for any repairs that may be necessary to restore the unit to a serviceable condition while retaining configuration integrity.

2. Production Units: 250kw Motor Generator (CLINs 0008, 1001, 2001, 3001, and 4001) shall be delivered no later than 120 calendar days* after the effective date of a delivery order. NOTE: The maximum output required per 30-day period for the Motor Generator is 1 unit** ; unless otherwise specified in the delivery order.

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

Production Units: _____________________________________

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

Accounting and Appropriation Chargeable

ACRN Funds Citation Amount Chargeable

FIRST DESTINATION TRANSPORTATION APPROPRIATION CHARGEABLE - FOB ORIGIN (FEB 2006)

The Accounting Classification that funds the acquisition of a Contract Line Item (CLIN) must be used to pay for its transportation on the CLINs listed in the table below.

Once the ACRN is determined, the Long Line of Accounting (LOA) and the MORD (SDN) Number associated with that ACRN shall be entered into PowerTrack to fund the transportation charges needed to transport the item.

MORD ACRN

Offeror’s Remittance Address:

(Offeror To Complete) 9952.232-9002

TRANSPORTATION APPROPRIATION CHARGEABLE (JALC) (MAR 2003)

(IAW JALC 9932.705(90))

The Transportation Allotment Identification (TAI) relates directly to the above ACRN(s). For example the TAI "TAA" is for the same line item(s) as ACRN "AA".

Insert 3 if movement via surface mode or 2 if movement via airlift in place of any "#" shown.

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

PRE-CLEARANCE OF ITEMS DESTINED FOR SAUDI ARABIA AND TURKEY (July 2003)

All shipments destined for Saudi Arabia and Turkey shall have foreign clearance authority approval prior to entrance into the country. In accordance with Foreign Clearance Guide DoD 4500.54-G. VI for Saudi Arabia and DoD 4500.32-R, Appendix D3 for Turkey, Turkish General Staff Clearance-TGS, the processing time for foreign clearance request is approximately 60 calendar days for shipments destined for Saudi Arabia and 90 days for shipments destined for Turkey. The contractor shall submit a DD Form 1659 to WR-ALC/LGMTT (telephone number (478) 926-3971/3888) for each shipment no later than 60 days prior to shipment to Saudi Arabia and no later than 90 days prior to shipment for Turkey. The contractor shall include the following information on each DD 1659:

Mode of Transportation

Contract Number

Ship Date

Delivery Order Number

Delivery Date

Registration Number

Origin

National Stock Number (NSN)

Destination

Point of Entry

Mark For Address

Dimensions

Purpose of Movement (“For Official U.S. Government Use”)

Type Item

TCN

Quantity

Cube

Weight

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.]

(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.)

(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.)

(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.]

(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.

(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.

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

(1) 252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). (Applicable over $100,000 when requiring the delivery for one of the following major programs, of an article containing specialty metals: (i) aircraft; (ii) missile and space systems; (iii) ships; (iv) tank-automotive; (v) weapons; (vi) ammunition, unless a waiver under a memorandum of understanding applies) (DAR Tracking # 2008-O0002 specifies use of class deviation 252.225-7014 Alternate I dated Jan 2008)

(2) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375)

(3) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

ADDENDUM TO CLAUSE 52.212-4

FAR 12.302, Tailoring of Provisions and Clauses for the Acquisition of Commercial Items, permits limited alteration of FAR Clauses 52.212-1 and 52.212-4 via Addendum to the solicitation and resulting contract. This Addendum sets forth those clauses and provisions that apply to this requirement.

FAR 52.212-4, Contract Terms and Conditions – Commercial Items:

a. Paragraph (a), Inspection/Acceptance: paragraph a is modified to read as follows: Standard Inspection in accordance with FAR 52.246-2 shall be the inspection method utilized in this requirement .

b. Paragraph (c), Changes: Paragraph is modified to read as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties, except that unilateral Amended Shipping Instructions (ASIs), F.O.B. Origin, and other administrative changes, incorporated into this contract, apply.

c. Paragraph (o), Warranty: Paragraph is modified to require the contractor to provide at least the same express warranty terms, including offers of extended warranties, offered to the general public in the customary commercial marketplace, and will conform with all requirements of the contract for a period of no less than 365 days from the date of delivery.

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, KIM LYNN at 478 926 -2183 , FAX 478 926 -7984 , email Kim.Lynn@robins.af.mil . Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

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

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

(Applicable to all solicitations and contracts)

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 .

(Applicable when delivery of one or more “items” as defined at 252.211-7003(c) is required)

THE CURRENT VERSION OF MIL-STD-130, DATED 17 DECEMBER 2007, IS "N". (JUL 2008)

THE CURRENT VERSION OF MIL-STD-130, DATED 17 DECEMBER 2007, IS "N".

52.216-18

ORDERING (OCT 1995)

(IAW FAR 16.506(a))

(a) Such orders may be issued from the effective date of the contract through the end of all contract option periods as specified in the schedule..

(Applicable to all orders issued hereunder)

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 See BEQs identified in the Schedule;

(2) Any order for a combination of items in excess of See BEQs identified in the Schedule; 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.

(Applicable to all orders issued hereunder)

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 the completion of all orders placed against the contract (Applicable to all orders issued hereunder)

52.217-9

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(IAW FAR 17.208(g))

(a) The Government may extend the term of this contract by written notice to the Contractor within See Schedule ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least Not Applicable days before the contract expires.

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

(Applicable when the Government gives the contractor a preliminary written notice of its intent to extend the contract, or an extension of the contract includes an extension of the option, or a there is a specified limitation on the total duration of the contract)

252.217-7000

EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS (DEC 1991)

(IAW DFARS 217.208-70(a))

(b) The foreign military sales commitments are for:

5352.219-9001 USE OF JOINT VENTURES IN MEETING THE LIMITATIONS ON SUBCONTRACTING REQIREMENT (AFMC) (NOV 2007)

(IAW AFMCFARS 5319.508(e))

(Applicable over $100,000)

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)

252.225-7013

DUTY-FREE ENTRY (OCT 2006)

(IAW DFARS 225.1101(4))

(Applicable to contracts requiring duty free entry of goods into the United States)

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)

Wide Area Work Flow (WAWF) Instructions to Vendors with Contracts that contain MILITARY STANDARD REQUISITIONING AND ISSUE PROCEDURES (MILSTRIP) Data. FEB 08.

MILSTRIP data contains information that is vital to the expeditious delivery of material. When a MILSTRIP is used in a requisition it is entered into the schedule for each item purchased. Typically the MILSTRIP data is at the end of the schedule and is listed as REQ NO.

In the example below the MILSTRIP number is FE480060730146. The quantity is 1 each.

28 FEB 2007

FE480060730146 / PRI: 03

In WAWF, when creating the Line Item you must also complete the MILSTRIP information in its own sub-tab. In the MILSTRIP sub-tab use the actions button to open the fill-in. In the fill-in enter the MILSTRIP number from the schedule and the quantity shipped. Save the Milstrip and continue with the Line Item information applicable to the shipment.

Inclusion of this MILSTRIP data is vital to the expeditious delivery of this material.

52.246-2

INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(IAW FAR 46.302)

52.246-16

RESPONSIBILITY FOR SUPPLIES (APR 1984)

(IAW FAR 46.316)

(Applicable to the furnishing of supplies, services involving the furnishing of supplies, or research and development, when a fixed-price contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold)

252.246-7000

MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(IAW DFARS 246.370)

(Applicable for deliverable supplies or hardware)

52.247-29

F.O.B. ORIGIN (FEB 2006)

(IAW FAR 47.303-1(c))

52.247-34

F.O.B. DESTINATION (NOV 1991)

(IAW FAR 47.303-6(c))

52.247-52 CLEARANCE AND DOCUMENTATION REQUIREMENTS--SHIPMENTS TO DOD AIR OR WATER TERMINAL TRANSSHIPMENT POINTS (FEB 2006)

(IAW FAR 47.305-6(f)(2))

EVIDENCE OF SHIPMENT ON FOREIGN MILITARY…