09-R-0024.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

FA9101-09-R-0024

6. SOLICITATION ISSUE DATE

17 AUG 2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KAREN J. BUCKNER

b. TELEPHONE NUMBER (No collect calls) 931-454-4405

8. OFFER DUE DATE/

LOCAL TIME

01 SEP 2009/2PM

CST9. ISSUED BY AEDC PKE CODE FA9101 10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

UNRESTRICTED

AEDC/PKE

100 KINDEL DRIVE, SUITE A-332

ARNOLD AFB, TN 37389-1332

KAREN J. BUCKNER 931-454-4405

karen.buckner@arnold.af.mil

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700) EMERGING SMALL BUSINESS

8(A) 13b. RATING

SERVICE DISABLED VET SB DO-C9

NAICS: 335311 14. METHOD OF SOLICITATION

SIZE STANDARD: 750 RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE FA9101

SEE SF1449 Continuation AEDC/PKE

100 KINDEL DRIVE SUITE A332

ARNOLD AFB TN 37389-1332

SCD: C PAS: (NONE)

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE F03000

DFAS-BVFD/DY

P.O. BOX 369024

COLUMBUS OH 43218-9024

TELEPHONE NO.

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

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See SF1449 Continuation (Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26 TOTAL AWARD AMOUNT (For Govt. 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: SEE

CONTINUATION.

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)

KAREN J. BUCKNER

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 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

33. SHIP NUMBER 34. VOUCHER NUMBER 35.AMT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

COMPLETE PARTIAL FINAL

PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 ConWrite Version 6.11.1 Created 17 Aug 2009 1:51 PM

SF1449 CONTINUATION

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

0001 1 __________ Each __________

Noun: VARIABLE ELECTRICAL POWER PACK NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

Provide a new variable electrical power pack that provides variable high-current power at low-voltage conditions to a test facility heater system. The power pack is to be provided in accordance with Specification for Variable Electrical Power- Pack for the AEDC/White Oak Site, Revision E, dated 15 July 2009.

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0001 1 F1EEDH F1EEDH 52 WARO

Noun: VARIABLE ELECTRICAL POWER PACK Descriptive Data:

All items shall be delivered to:

AEDC/WHITE OAK

WHITE OAK DETACHMENT

10905 NEW HAMPSHIRE AVE

SILVER SPRINGS, MD 20903-1050

MARK FOR: FA9101-09-C-XXXX REQ: 337998

ADDENDUM

1. FAR 52.212-04 ADDENDUM TO CONTRACT TERMS AND CONDITIONS--COMMERCIAL

ITEMS (Oct 2008)

52.212-4, Contract Terms and Conditions -- Commercial Items is hereby tailored as follows:

(a) The place of inspection, acceptance, and FOB is AEDC/White Oak, Silver Spring, Maryland.

(b) Final payment will be scheduled for thirty (30) days after final acceptance at Silver Spring, Maryland. Payment request shall be entered via Wide Area Work Flow as a COMBO.

2. FAR 52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (Apr 2009)

(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)).

(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:

(1) 52.203-06, 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).

(6) 52.219-04, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer.) (15 U.S.C. 657a).

(10) 52.219-08, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637 (d)(2) and (3)).

(18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

(19) 52.222-03, Convict Labor (June 2003)(E.O. 11755).

(20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

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

(22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(23) 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).

(24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(25) 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).

(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E. O. 13201).

(34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(39) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(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:

(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 (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 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.

(iii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(v) 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).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

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

7104(g)).

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

(x) 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.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) Reserved.

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xiv) 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.

3. DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION (Aug 2008)

(a) Definitions. As used in this clause-

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means—

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code;

enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

“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.

“DoD unique item identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number.

For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“Government’s unit acquisition cost” means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.

“Issuing agency” means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun & Bradstreet’s Data Universal Numbering System (DUNS) Number, GSI Company Prefix, or Defense Logistics Information System (DLIS) Commercial and Government Entity (CAGE) Code.

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

“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.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(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 N/A

(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number N/A.

(2) The unique item identifier and the component data elements of the DoD unique item identification shall not change over the life of the item.

(3) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(4) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent; and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in the version of MIL-STD-130, Identification Marking of U.S. Military Property, cited in the contract Schedule.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires unique item identification under paragraph (c)(1)(i) or (ii) of this clause, in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of, or associated with, the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government’s unit acquisition cost.

(11) Unit of measure.

(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(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.

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which unique item identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s).

4. DFARS 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS (Jan 2009)

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

52.203-03, 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.

(1) 252.203-7000, Requirements Relating to Compensation of former DoD Officials (Jan 2009) (Section 847 of Pub. L. 110-181).

(6) 252.225-7012, Preference for Certain Domestic Commodities (Dec 2008) (10 U.S.C. 2533a).

(7) 252.225-7014, Preference for Domestic Specialty Metals (Jun 2005) (10 U.S.C. 2533a).

(10) 252.225-7021, Trade Agreements (Nov 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(18) 252.232-7003, Electronic Submission Of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(20) 252.243-7002, Requests for Equitable Adjustment (Mar 1998) (10 U.S.C. 2410).

(21)(i) 252.247-7023, Transportation of Supplies by Sea (May 2002) (10 U.S.C. 2631).

(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).

(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).

5. DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (Dec 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide—

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor’s assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including–

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract, and

(2)(i) If the levy may result in an inability to perform the contract and a lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

6. AF 5352.201-9101 OMBUDSMAN (Aug 2005)

(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, Mr. Michael Covington, 100 Kindel Drive, Suite A327, Arnold AFB TN 37389-1327, Telephone 931-454-5613, Facsimile 931-454-6415, michael.covington@arnold.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.

CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

DOCUMENT PGS DATE TITLE

ATTACHMENT 1 3 08 AUG 2009 INSTRUCTIONS TO OFFERORS-

COMMERCIAL ITEMS

ATTACHMENT 2 3 08 AUG 2009 EVALUATION - COMMERCIAL ITEMS

ATTACHMENT 3 5 15 JUL 2009 SPECIFICATION REVISION E

Attachment 1

ADDENDA TO FAR 52.212-01 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS (JAN 2009)

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of two parts; Part I – Technical Proposal and Part II – Price.

B. The Contracting Officer has determined there is a high probability of adequate price competition in the acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the Contracting Officer’s opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists; offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness and affordability of the price.

C. Specific Instructions:

1. PART I – TECHNICAL PROPOSAL – Limited to no more than ten (10) pages.

Submit original plus four (4) copies.

(a)The technical proposal shall demonstrate compliance with Attachment 3, Specification for Variable Electrical Power-Pack for the AEDC/White Oak Site, Revision E, dated 15 July 2009.

(b) Sub-factor 1 – System Block Diagram: The offeror shall submit a detailed description of the block diagram of the proposed power-pack system. The diagram shall include all the major components which make up the power-pack system. The block diagram is to be labeled and/or annotated so that the diagram representation is clear. The system block diagram shall be constructed in sufficient detail so that it conveys the basic configuration of the proposed power-pack system.

� � (c) Sub-factor 2 – System Functional Schematic Drawing���Provide a functional schematic drawing of the proposed power-pack system. The schematic drawing shall be labeled and/or annotated so that it depicts how the proposed power-pack equipment will work from an electrical/power perspective. The drawing is to include sufficient detail so that it conveys the basic electrical function and operation of the proposed power-pack system.

(d) Sub-factor 3 – System Description: Provide an operational description of the proposed power-pack system. The system description shall be a text narrative which explains what the system is made up of and how the power-pack equipment will operate as a system to achieve the performance outlined by the specification. The description is to be written to complement the system block diagram and functional schematic drawing. The description shall contain sufficient detail so that, along with the block diagram and schematic, it conveys a basic technical explanation of how the proposed power-pack will work.

(e) Sub-factor 4 – System Technical Features: Provide a listing, and brief description, of the important technical features of the proposed power-pack system. The technical features sub-factor shall be a brief text narrative of the significant capabilities of the proposed power-pack system and how they will work to achieve the performance outlined by the specification. The items to be included, but not limited to, are the following:

1. The kVA rating of the proposed power-pack system.

2. The features which make the system suitable for outdoor installation & operation.

3. The type of output current (i.e. AC or DC) produced by the proposed system and it’s advantages & disadvantages for this system and application.

4. The mechanism by which the unit raises and lowers the output current.

5. The range and resolution increment of the output current adjustment.

6. The remote control capabilities of the proposed power-pack.

7. The cooling requirements, if any, of the power-pack system.

8. The expected reliability & longevity of the proposed power-pack system.

9. The maintenance & inspection requirements of the proposed power-pack system.

10. The type of load-breaking switch being proposed, it’s proposed location (i.e.

primary or secondary side), the manual & remote operating capabilities, and the operational safety features of the proposed switch.�

(f) The offeror shall provide a written copy of the standard commercial warranty for the variable electrical power-pack proposed.

PART II – PRICE PROPOSAL – Submit original and (1) copy

(a) Complete blocks 17a and 30a, b, and c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, with attachments. The solicitation constitutes the model contract.

(b) Insert proposed unit and extended prices in the pricing schedule on page 2 of the SF 1449 for CLIN 0001. Contract is to supply a Variable Electrical Power-Pack in accordance with the specifications.

(c) Complete the necessary fill-ins and certifications in the solicitation provisions. The solicitation provisions shall be returned in their entirety. For the solicitation clauses, the offeror shall submit only those pages that require a fill in.

3. Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

(a) Requirements of the solicitation for CLIN 0001 and Specification for Variable Electrical Power-Pack for the AEDC/White Oak Site, Revision E, dated 15 July 2009, and Government standards and regulations pertaining to the Specification.

(b) Evaluation Factors for Award (Attachment 2).

(c) Any limitation on the number of proposal pages. Pages exceeding the page limitations set forth in these instructions will not be read or evaluated, and will be removed from the proposal.

(d) Format for technical proposal shall be as follows:

(1) A page is defined as one face of an 8 ½” by 11” sheet of paper containing information.

(2) Typing shall not be less than 12 pitch.

(3) Elaborate formats, bindings or color presentations are not desired or required.

Attachment 2

ADDENDUM TO FAR 52.212-02 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

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

A. Number of Contracts to be Awarded:

The Government intends to select one contractor for the Variable Electrical Power-Pack for the AEDC/White Oak Site. However, the Government reserves the right to award no contract at all, depending on the quality of the proposals and prices submitted.

B. Rejection of Unrealistic Offers:

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

C. Correction Potential of Proposals:

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

EVALUATION FACTORS

A. Technical Acceptability. Initially, the Government technical evaluation team shall evaluate the technical proposals on a pass/fail basis, assigning ratings of Acceptable, Reasonably Susceptible of Being Made Acceptable, or Unacceptable. The proposals shall be evaluated against the following sub-factors:

(1) System Block Diagram: The manufacturer’s detailed description of the system block diagram of variable electrical power-pack being proposed. The proposal will be evaluated for completeness to ensure that the proposed system block diagram for the power-pack meets the minimum requirements and where the proposed power-pack exceeds the minimum requirements, if any.

(2) System Functional Schematic Drawing: The manufacturer’s detailed description of system functional schematic drawing of the variable electrical power-pack being proposed. The proposal will be evaluated for completeness to ensure that the proposed system functional schematic drawing for the power-pack meets the minimum requirements and where the proposed power-pack exceeds the minimum requirements, if any.

(3) System Description. The manufacturer’s detailed description of the variable electrical power-pack system being proposed. The proposal will be evaluated for completeness to ensure that the proposed system functional schematic drawing for the power-pack meets the minimum requirements and where the proposed power-pack exceeds the minimum requirements, if any.

(4) System Technical Features: The manufacturer’s detailed description of technical features of the variable electrical power-pack being proposed. The proposal will be evaluated for completeness to ensure that the proposed technical features for the power-pack meets the minimum requirements and where the proposed power-pack exceeds the minimum requirements, if any.

(5) Warranty: The manufacturer’s standard commercial warranty of the variable electrical power-pack being proposed.

By submission of its offer, the offeror accedes to all solicitation technical requirements and will be determined technically acceptable. Failure to meet a requirement may result in an offer being determined technically unacceptable.

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

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

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

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

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

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

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

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

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

G. SOLICITATION REQUIREMENTS, TERMS AND CONDITIONS: Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet a requirement may result in an offer being ineligible for award.

Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Attachment 3 15 July 2009 Revision E

SPECIFICATION

FOR

VARIABLE ELECTRICAL POWER-PACK

FOR THE AEDC/WHITE OAK SITE

I. SYNOPSIS

The Government is seeking to purchase a new variable electrical power pack to provide variable high-current power at low-voltage conditions to a test facility heater system.

The new power pack is to be assembled and tested at the vendor’s site and then delivered to the Government at their test facility site in Silver Spring, Maryland.

The Government is seeking for the vendor to propose certain design and operating features of the electrical power pack. The power pack features to be proposed by the vendor are denoted with an asterisk symbol (*) in the Specification paragraphs (section III) below. The purpose of leaving certain equipment features “to be proposed” is to allow the vendor to help the Government achieve its’ objectives regarding this electrical power pack purchase. These Government objectives are to:

A. Maximize the reliability and safety aspects of the power pack equipment B. Minimize the cost, complexity, and maintenance aspects of the power pack equipment.

II. BACKGROUND

The Government is seeking to replace an existing variable electrical power pack which provides high-current / low-voltage power to a test facility heater system. The existing power pack is located at the Air Force’s Arnold Engineering Development Center (AEDC) test facility site in Silver Spring, Maryland.

The existing equipment to be replaced is a type LIPT, 3-phase AC, variable, Inductrol power pack manufactured by General Electric in 1965. This existing unit consists of a main step-down transformer, an autotransformer, and an Inductrol regulator all contained in a single oil-filled tank enclosure.

The power pack is used very intermittently. At most the power pack is energized twice per day with each use cycle being no more than 30 minutes in length.

The sole load on the power pack is a purely resistive graphite heater element. The nominal resistance of the graphite element, and associated power cables, is 25 milli-ohms (0.025 ohms). The existing heater element arrangement utilizes only 2 phase AC power (the 3rd AC phase of the existing power-pack is not being used).

The typical power pack current & voltage cycle is a “minimum power” level of 1000 amps @ approx. 30 volts and hold there for about a minute. From there we go to 4000 amps @ approx. 80 volts, hold for a minute, 5000 amps @ approx. 115 volts, hold for a minute, and finally to an “average power” level of 5500 amps @ approx. 130 volts. The average power level is typically held for 10 to 20 minutes before moving back down to the minimum power level and then de-energize. On occasion we may go to a “high power” level of 6000 amps @ approx. 150 volts and hold there no more than 5 minutes before going back down to the average power level.

III. NEW POWER PACK SPECIFICATIONS

The following paragraphs describe the equipment features, and operational parameters, the Government is looking for in a new variable output electrical power pack.

A. Power Rating

1. The power pack shall have an electrical power rating of at least 1,000 kVA @ 55 deg C.

B. Outdoor Installation

1. The power pack unit shall be constructed and enclosed for outdoor service. If the unit is oil-filled the oil shall be a mineral oil type insulating fluid and be PCB free.

Due to the planned intermittent duty cycle, the new unit shall be self-cooled (OA rated).

2. For equipment design purposes a temperature rise of 55 deg C shall be used.

The standard maximum & average ambient temperatures of 40 deg C and 30 deg C may also be used.

C. * Power Pack Type *

1. The vendor shall propose the basic type of power pack type (i.e. load tap changer type, SCR type, etc.) to meet this Government application requirement. The vendor’s proposal shall be focused on meeting the Government’s objectives (A and B) as stated in section I above. The vendor’s proposal shall include all support equipment (i.e.

transformers, harmonic filters, controls, etc.) needed by the proposed power pack type to allow the power pack to operate successfully with the site electrical utility provider’s equipment (PEPCO). Sufficient information is to be provided by the vendor, regarding the proposed power pack type & support equipment, to permit the Government to understand what equipment is being proposed.

D. Input Power

1. The power pack shall be constructed to receive 60 Hz, AC input (primary) power at 13,800 volts with a Delta configuration.

2. The primary Basic Impulse Level (BIL) shall be 95 kV.

3. Standard high voltage taps shall be provided on the unit’s primary side. There shall be two tap positions above the nominal and two tap positions below the nominal with approximately a 2.5% range between each tap position.

4. The high voltage lines on the primary side shall be terminated with bushings which are cover-mounted.

5. The unit’s primary side shall be equipped with lightning arrestors. The arrestors are to be cover-mounted with a rating of no less than 15 kV.

E. * Output Power *

1. The vendor shall propose either AC or DC output current for the power pack unit. The output (secondary) electrical power shall be able to be varied from a minimum of 1,000 amps @ nominally 30 volts to a maximum of 6,500 amps @ nominally 200 volts.

2. The power pack’s output power shall be able to be controlled from a remote location.

3. The power pack’s output power may be either “infinitely variable” between the minimum & maximum power levels or “discretely stepped”.

4. For “discrete stepped” power-pack arrangements the output power step points are:

1000, 2000, 3000, 4000, 4500, 5000 amps (course steps) 5100, 5200, 5300, 5400, 5500, 5600, 5700, 5800, 5900 amps (fine steps) 6000, 6250, 6500 amps (course steps)

5. The low voltage lines on the secondary side shall be terminated with bushings which are wall-mounted with an Air Terminal Chamber.

6. The unit’s secondary side shall have a Basic Impulse Level (BIL) of 10 kV.

F. Grounding

1. A ground test point shall be provided for testing the unit’s core. The grounding lead is to be brought to an easily accessible point within the tank for periodic testing.

G. Windings

1. The power pack windings shall be made of aluminum with an epoxy coating.

H. Impedance

1. The power pack shall have a nominal impedance of 5.75 %.

I. Cooling Requirements

1.