FA853312R30864.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J

1. REQUISITION NUMBER

FD2060-12-30864

5. SOLICITATION NUMBER

FA8533-12-R-30864

6. SOLICITATION ISSUE DATE

b. TELEPHONE NUMBER (No collect calls) (478 ) 222 -1895 ext.

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

a. NAME Amber C. McCulloch

8. OFFER DUE DATE/LOCAL

TIME

31MAY2012 12:00PM

12. DISCOUNT TERMS11. DELIVERY FOR FOB DEST.

UNLESS BLOCK IS MARKED

SEE SCHEDULE

10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE: 100 % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SAMLL BUSINESS PROGRAM

NAICS CODE:

SERVICE-DISABLED EDWOSB 336112

VERTERAN-OWNED SIZE STANDARD

SMALL BUSINESS 8 (A) DC-8A-TYPE

########### 1,000 : 13a. THIS CONTRACT IS A

RATED ORDER

UNDER DPAS

(15 CFR 700)

13b. RATING

DO: C9 52.211-14, 52.211-15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

WR ALC GRVKBB, MAJOR PROGRAMS

460 RICHARD RAY BLVD STE 200

BLDG 301 CP 478 222 1902

ROBINS AFB GA 31098-1813

BUYER: Amber C. McCulloch/GRVKBB Amber.McCulloch@robins.af.mil Phone: (478) 222- 1895 No Collect Calls

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR FACILITY

CODE CODE

18a. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED. SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.

FA8533

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ROUTINE

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 180 days.

This requirement will utilize Tradeoff Source Selection Procedures. See RFP Provisions, "Proposal Requirements" and "Evaluation Basis for Award" for information relative to proposal preparation and the Government's evaluation methodology.

See specified closing date and time for proposals in Block 8.

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

26. AWARD AMOUNT (For Gov’t use only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. 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 ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED - - . YOUR OFFER ON

SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

X X

X X

X X

X

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

X

SCD:B

EFT:T

Total

Amber.McCulloch Typewritten Text

Amber.McCulloch Typewritten Text

Amber.McCulloch Typewritten Text

Amber.McCulloch Typewritten Text

Amber.McCulloch Typewritten Text

Amber.McCulloch Typewritten Text

Amber.McCulloch Typewritten Text 23 April 2012

STANDARD FORM 1449 (REV. 2/2012) BACK

COMPUTER GENERATED 4/20/2012, 2:33 PM

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32c. DATE

41c. DATE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER36. PAYMENT

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

Request for Proposal FA8533-12-R-30864

SUPPLIES OR SERVICES AND PRICES/COSTS

(a) The contractor shall provide MB-2 Tow Tractors (Class I and Class II) in accordance with the Commercial Item Description (CID) A-A-58045B and Continuation Sheet referenced in this document.

This RFP will result in a requirements-type 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.

(b) The current contract for MB-2 tow tractors does not expire until 10 December 2012. As such, the basic contract period for the resulting contract from this solicitation will not begin until subsequent to the expiration date of the current contract.

(c) See the RFP clause, “First Production Unit Testing” for information relative to first production testing of the MB-2 Tow Tractor Class I. See the RFP clause, “Delivery Schedule Requirements” for pertinent information relative to the Government’s required delivery for the MB-2 Tow Tractor, Class I, first production unit and MB-2 Tow Tractor Class I and II production units.

(d) 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.

(e) For Contract Line Item Numbers (CLINs) 0002, 1001, 2001, 3001, 4001 and the offeror shall propose quantity/price ranges up to 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 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, 1002 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. For CLINS 0003, 1002, 2002, 3002 and 4002 , the offeror shall propose one price for the specified BEQ.

(f) 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.

(g) The National Stock Number (NSN) shown in the Schedule is assigned for authorization and procurement purposes only. The MB-2 Tow Tractor, Class I and II will not be shipped under these NSN's.

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 MB-2 Tow Tractor, Class I is:_____________________. Offeror’s proposed part number for the MB-2 Tow Tractor, Class II is:_____________________.

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 24 months. Specific dates will be established upon award of the contract.

MB-2 TOW TRACTOR CLASS I FIRST PRODUCTION UNIT

Item No.

Firm Fixed Price

MB-2 TOW TRACTOR CLASS I FIRST PRODUCTION UNIT

Quantity U/I Unit Price Amount

1 EA

NSN: 1740-00-143-8464 YW

MB-2 TOW TRACTOR, CLASS I

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBC ORIGIN

Type / Ship To PACRN Mark For

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required Delivery

A TBC 1 EA TBC

Proposed Delivery

A TBC 1 EA

The contractor shall notify the contracting officer IAW the DD Form 1423, ELIN A001, no later than 30 calendar days prior to the test and inspection of the first production unit.

NOTE TO CONTRACTOR:

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

Requirement Reference Approved Test Procedures CLIN 0009 Approved Test/Inspection Report CLIN 0010 Approved 70% Technical Manuals CLIN 0012

(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.

MB-2 TOW TRACTOR CLASS I PRODUCTION UNITS

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

10 EA

NSN: 1740-00-143-8464 YW

MB-2 TOW TRACTOR CLASS I

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program Type / Ship To PACRN Mark For

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required Delivery

A TBC 10 EA TBC

Proposed Delivery

A TBC 10 EA

Note: The contractor's commercial technical manual and warranty shall be shipped as pack-up data with each tow tractor.

MB-2 TOW TRACTOR CLASS II PRODUCTION UNITS

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

2 EA

NSN: 1740-01-552-9854 YW

MB-2 TOW TRACTOR CLASS II

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

MB-2 TOW TRACTOR CLASS II PRODUCTION UNITS

Type / Ship To PACRN Mark For

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required Delivery

A TBC 2 EA TBC

Proposed Delivery

A TBC 2 EA

Note: The contractor's commercial technical manual and warranty shall be shipped as pack-up data with each tow

OPTIONAL ACCESSORIES

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

1 LO Not Separately Priced Not Separately Priced

Dark Green Paint (Color 24052) IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.22.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Desert Sand Paint (Color 23448) IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.22.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

6 EA

Heavy Duty Winterization Package, Type A IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.4.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work FLow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

13 EA

Air Conditioning Package IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.15.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

6 EA

Heavy-Duty Clevis Pin, Type Couplers IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.17.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

DATA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Test and Inspection Procedures

ELIN: A001

IAW DD Form 1423 Attached Hereto Associated Document(s) Line Item(s)

TBC TBC

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Wide Area Work Flow Exhibit: A Quality Assurance: IAW DD Form 1423

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

I AW 1423 DESTINATION

Type / Ship To PACRN Mark For

I AW 1423

Type / Ship To Quantity (U/I) *ARO IAW 1423 _ Req No / Pri

Required Delivery

I AW 1423 1 LO

Proposed Delivery

I AW 1423 1 LO

Government Notice of Approval/Disapproval 45 days.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Test/Inspection Report

ELIN: A002

IAW DD Form 1423 Attached Hereto

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Wide Area Work Flow Exhibit: A Quality Assurance: IAW DD Form 1423

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

I AW 1423 DESTINATION

Type / Ship To PACRN Mark For

I AW 1423

Type / Ship To Quantity (U/I) *ARO IAW 1423 _ Req No / Pri

Required Delivery

I AW 1423 1 LO

Proposed Delivery

I AW 1423 1 LO

Government Notice of Approval/Disapproval 45 days.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Technical Report Study/Services (Service Bulletins)

ELIN: A003

IAW DD Form 1423 Attached Hereto Associated Document(s) Line Item(s)

TBC TBC

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Wide Area Work Flow Exhibit: A Quality Assurance: IAW DD Form 1423

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

I AW 1423 DESTINATION

Type / Ship To PACRN Mark For

I AW 1423

Type / Ship To Quantity (U/I) *ARO IAW 1423 _ Req No / Pri

Required Delivery

I AW 1423 1 LO

Proposed Delivery

I AW 1423 1 LO

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Technical Manual Contract Requirements

ELIN: B001

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

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Wide Area Work Flow Exhibit: B Quality Assurance: IAW DD Form 1423

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

I AW 1423 DESTINATION

Type / Ship To PACRN Mark For

I AW 1423

Type / Ship To Quantity (U/I) *ARO IAW 1423 _ Req No / Pri

Required Delivery

I AW 1423 1 LO

Proposed Delivery

I AW 1423 1 LO

(a) NOTE: Offeror must submit one paper copy and one electronic copy of the manuals IAW Section 2, Part B of the TMCR 60 days prior to pre-production testing and inspection. Final delivery and acceptance of the technical data must be accomplished 60 days prior to shipment of any Production Unit hereunder unless prior written approval is obtained from the Government via the PCO.

(b) No production 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. Specific dates shall be established upon award of the contract.

MB-2 TOW TRACTOR CLASS I PRODUCTION UNITS

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

5 EA

NSN: 1740-00-143-8464 YW

MB-2 TOW TRACTOR CLASS I

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program Type / Ship To PACRN Mark For

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required Delivery

A TBC 5 EA TBC

Proposed Delivery

A TBC 5 EA

Note: The contractor's commercial technical manual and warranty shall be shipped as pack-up data with each tow

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

2 EA

NSN: 1740-01-552-9854 YW

MB-2 TOW TRACTOR CLASS II

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow

MB-2 TOW TRACTOR CLASS II PRODUCTION UNITS

Type / Ship To PACRN Mark For

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required Delivery

A TBC 2 EA TBC

Proposed Delivery

A TBC 2 EA

Note: The contractor's commercial technical manual and warranty shall be shipped as pack-up data with each tow

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

1 LO Not Separately Priced Not Separately Priced

Dark Green Paint (Color 24052) IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.22.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Desert Sand Paint (Color 23448) IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.22.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

3 EA

Heavy Duty Winterization Package, Type A IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.4.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work FLow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

7 EA

Air Conditioning Package IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.15.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

3 EA

Heavy-Duty Clevis Pin, Type Couplers IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.17.

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

DATA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Technical Report Study/Services (Service Bulletins)

ELIN: A003

IAW DD Form 1423 Attached Hereto Associated Document(s) Line Item(s)

TBC TBC

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Wide Area Work Flow Exhibit: A Quality Assurance: IAW DD Form 1423

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

I AW 1423 DESTINATION

Type / Ship To PACRN Mark For

I AW 1423

Type / Ship To Quantity (U/I) *ARO IAW 1423 _ Req No / Pri

Required Delivery

I AW 1423 1 LO

Proposed Delivery

I AW 1423 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 the Option I. Specific dates shall be established upon award of the contract.

MB-2 TOW TRACTOR CLASS I PRODUCTION UNITS

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

5 EA

NSN: 1740-00-143-8464 YW

MB-2 TOW TRACTOR CLASS I

MB-2 TOW TRACTOR CLASS I PRODUCTION UNITS

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program Type / Ship To PACRN Mark For

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required Delivery

A TBC 5 EA TBC

Proposed Delivery

A TBC 5 EA

Note: The contractor's commercial technical manual and warranty shall be shipped as pack-up data with each tow

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

2 EA

NSN: 1740-01-552-9854 YW

MB-2 TOW TRACTOR CLASS II

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program Type / Ship To PACRN Mark For

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required

A TBC 2 EA TBC

MB-2 TOW TRACTOR CLASS II PRODUCTION UNITS

Proposed Delivery

A TBC 2 EA

Note: The contractor's commercial technical manual and warranty shall be shipped as pack-up data with each tow

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

1 LO Not Separately Priced Not Separately Priced

Dark Green Paint (Color 24052) IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.22.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Desert Sand Paint (Color 23448) IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.22.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

3 EA

Heavy Duty Winterization Package, Type A IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.4.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work FLow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

7 EA

Air Conditioning Package IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.15.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

3 EA

Heavy-Duty Clevis Pin, Type Couplers IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.17.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow

DATA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Technical Report Study/Services (Service Bulletins)

ELIN: A003

IAW DD Form 1423 Attached Hereto Associated Document(s) Line Item(s)

TBC TBC

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Wide Area Work Flow Exhibit: A Quality Assurance: IAW DD Form 1423

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

I AW 1423 DESTINATION

Type / Ship To PACRN Mark For

I AW 1423

Type / Ship To Quantity (U/I) *ARO IAW 1423 _ Req No / Pri

Required Delivery

I AW 1423 1 LO

Proposed Delivery

I AW 1423 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 the Option II. Specific dates shall be established upon award of the contract.

MB-2 TOW TRACTOR CLASS I PRODUCTION UNITS

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

5 EA

NSN: 1740-00-143-8464 YW

MB-2 TOW TRACTOR CLASS I

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection

Type / Ship To PACRN Mark For

MB-2 TOW TRACTOR CLASS I PRODUCTION UNITS

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required Delivery

A TBC 5 EA TBC

Proposed Delivery

A TBC 5 EA

Note: The contractor's commercial technical manual and warranty shall be shipped as pack-up data with each tow

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

2 EA

NSN: 1740-01-552-9854 YW

MB-2 TOW TRACTOR CLASS II

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program Type / Ship To PACRN Mark For

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required Delivery

A TBC 2 EA TBC

Proposed Delivery

A TBC 2 EA

Note: The contractor's commercial technical manual and warranty shall be shipped as pack-up data with each tow

OPTIONAL ACCESSORIES

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

1 LO Not Separately Priced Not Separately Priced

Dark Green Paint (Color 24052) IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.22.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Desert Sand Paint (Color 23448) IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.22.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

3 EA

Heavy Duty Winterization Package, Type A IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.4.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work FLow

Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

7 EA

Air Conditioning Package IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.15.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

3 EA

Heavy-Duty Clevis Pin, Type Couplers IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.17.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

DATA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Technical Report Study/Services (Service Bulletins)

ELIN: A003

IAW DD Form 1423 Attached Hereto

DATA

TBC TBC

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Wide Area Work Flow Exhibit: A Quality Assurance: IAW DD Form 1423

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

I AW 1423 DESTINATION

Type / Ship To PACRN Mark For

I AW 1423

Type / Ship To Quantity (U/I) *ARO IAW 1423 _ Req No / Pri

Required Delivery

I AW 1423 1 LO

Proposed Delivery

I AW 1423 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 the Option III. Specific dates shall be established upon award of the contract.

MB-2 TOW TRACTOR CLASS I PRODUCTION UNITS

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

5 EA

NSN: 1740-00-143-8464 YW

MB-2 TOW TRACTOR CLASS I

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program Type / Ship To PACRN Mark For

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required

A TBC 5 EA TBC

MB-2 TOW TRACTOR CLASS I PRODUCTION UNITS

Proposed Delivery

A TBC 5 EA

Note: The contractor's commercial technical manual and warranty shall be shipped as pack-up data with each tow

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

2 EA

NSN: 1740-01-552-9854 YW

MB-2 TOW TRACTOR CLASS II

IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program Type / Ship To PACRN Mark For

A TBC PAA TBC

Type / Ship To Quantity (U/I) *ARO IAW

Delivery Schedule Requirements Clause

_ Req No / Pri

Required Delivery

A TBC 2 EA TBC

Proposed Delivery

A TBC 2 EA

Note: The contractor's commercial technical manual and warranty shall be shipped as pack-up data with each tow

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

1 LO Not Separately Priced Not Separately Priced

OPTIONAL ACCESSORIES

Dark Green Paint (Color 24052) IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.22.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Desert Sand Paint (Color 23448) IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.22.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

3 EA

Heavy Duty Winterization Package, Type A IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.4.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work FLow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price

Best Estimated Qty

U/I Unit Price Amount

7 EA

Air Conditioning Package IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.15.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

3 EA

Heavy-Duty Clevis Pin, Type Couplers IAW CID A-A-58045B dated 31 July 2006 and CID Continuation Sheet dated 5 January 2012, paragraph 3.17.

Associated Document(s) Line Item(s)

TBC TBC

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

DATA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Technical Report Study/Services (Service Bulletins)

ELIN: A003

IAW DD Form 1423 Attached Hereto Associated Document(s) Line Item(s)

TBC TBC

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Wide Area Work Flow Exhibit: A Quality Assurance: IAW DD Form 1423

DATA

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

I AW 1423 DESTINATION

Type / Ship To PACRN Mark For

I AW 1423

Type / Ship To Quantity (U/I) *ARO IAW 1423 _ Req No / Pri

Required Delivery

I AW 1423 1 LO

Proposed Delivery

I AW 1423 1 LO

NOTES APPLICABLE TO SCHEDULE:

1. 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 hereunder.

4. The NSNs shown in the Schedule are assigned for authorization and procurement purposes only. The MB-2 Tow Tractors will not be shipped under these NSNs.

5. A commercial warranty will be provided with each MB-2 Tow Tractor, Class I and II.

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 MB-2 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 MB-2 Tow Tractor first 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.

8. The term “days” denotes calendar days unless otherwise specified.

FIRST PRODUCTION UNIT TESTING (CLIN 0001):

a) First production Unit testing is a requirement of this contract. Performance or other characteristics, which the first production unit must meet, and detailed technical data requirements for testing of the first production unit (including necessary data to be submitted) are as set forth in this solicitation and its attachments. The approved first production unit will not serve as a manufacturing standard. The first production units, once accepted, will become part of the initial production quantities. All further units shall be produced to the same design using the same parts as the first production unit.

b) Test and Inspection Procedures (CLIN 0009): The Contractor shall submit the MB-2 Tow Tractor, Class I, First Production unit test procedures required by line item 0009 within 90 days of contract award. Within 45 days after the Government receives the report, marked TEST INSPECTION 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 has 30 days to resubmit Test Inspection Procedures.

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

c) Test/Inspection Report (CLIN 0010): The Contractor shall submit the MB-2 Tow Tractor, Class I, first production unit test/inspection report required by line item 0010 within 200 days after contract award. 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 approval, or disapproval. The Contractor has 30 days to resubmit Test/Inspection Report if disapproved.

d) If the first 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 first production unit. 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/inspection 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) If the Contractor fails to deliver any first production report on time, or the Government disapproves any first production unit, the Contractor shall be deemed to have failed to make delivery within the meaning of FAR 52.212-4 (m), Termination for Cause.

f) In the event production units are ordered or options periods are exercised prior to first 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 first 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.

g) The Contractor shall produce both the first 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. First production Unit: The Government will order the MB-2 Tow Tractor, Class I, First production Unit via CLIN 0001 on the initial delivery order placed against this contract.

MB-2 Tow Tractor, Class I, First production Unit (CLIN 0001) shall be delivered no later than 275 calendar days* after the effective date of the delivery order.

2. Class I Production Units: The MB-2 Tow Tractor Class I Production units (CLINs 0002, 0003, 1001, 2001, 3001, and 4001) are the first 3 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 3, the contractor shall deliver at a rate of 3 units per 30-day period until such time that the ordered quantity is completely delivered. Subsequent delivery orders issued for MB-2 Class I production units shall require the contractor to continue at a rate of 3 units per 30-day period until such time that the ordered quantity is completely delivered. Each delivery order will identify a specific delivery due date for the units that are on order. The maximum output required per 30-day period is 3 units unless otherwise specified in the delivery order.

Class II Production Units: The MB-2 Tow Tractor Class II Production units (CLINs 0003, 1002, 2002, 3002, and 4002) are the first 2 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 2, the contractor shall deliver at a rate of 2 units per 30-day period until such time that the ordered quantity is completely delivered. Subsequent delivery orders issued for MB-2 Class II production units shall require the contractor to continue at a rate of 2 units per 30-day period until such time that the ordered quantity is completely delivered. Each delivery order will identify a specific delivery due date for the units that are on order. The maximum output required per 30-day period is 2 units unless otherwise specified in the delivery order.

NOTE: Should a delivery order include both Class I and Class II production units, the above delivery requirement applies.

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

First production Unit: __________________________________

Production Units: _____________________________________

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

Note: day denotes calendar day

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A TBC

TO BE CITED

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

AWARD NUMBER:

TYPE/CODE: I AW

IAW 1423

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

AWARD NUMBER:

TYPE/CODE: I AW 1423

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 (APR 2012)

(IAW FAR 12.301(b)(4))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

(2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.] __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) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ __ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__X __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ __ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-15).

__X __ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

____ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313).

__ __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).

__ __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)(15 U.S.C.

657a).

__ __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(11) [Reserved] __X __ (12) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)(15 U.S.C. 644).

__ __ (12) (ii) Alternate I (Nov 2011).

__ __ (12) (iii) Alternate II (Nov 2011).

__ __ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

__ __ (13) (ii) Alternate I (Oct 1995) of 52.219-7.

__ __ (13) (iii) Alternate II (Mar 2004) of 52.219-7.

__X __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ __ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011)(15 U.S.C. 637(d)(4)).

__ __ (15) (ii) Alternate I (Oct 2001) of 52.219-9.

__ __ (15) (iii) Alternate II (Oct 2001) of 52.219-9.

__ __ (15) (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__X (17) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)).

__ __ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (19) (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 12 Mar 2010, DAR Tracking Number 2010-O0006, Immediate Cessation of the Use of Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Effective until incorporated into the FAR or DFARS or until rescinded.)

__ __ (19) (ii) Alternate I (June 2003) of 52.219-23. (In accordance with DDP Memo dated 12 Mar 2010, DAR Tracking Number 2010-O0006, Immediate Cessation of the Use of Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Effective until incorporated into the FAR or DFARS or until rescinded.)

__ __ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ __ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f).

__X __ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C.

632(a)(2)).

__ __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

__ __ (26) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__X __ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012)(E.O.

13126).

__X __ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__X __ (29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

__X __ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__X __ (31) 52.222-36, Affirmative Action For Workers with Disabilities (Oct 2010)(29 U.S.C. 793).

__X __ (32) 52.222-37, Employment Reports on Veterans (Sep 2010)(38 U.S.C. 4212).

__X __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

__ __ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ __ (35) (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)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ _ (35) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).