Solicitation.doc

Section B - Supplies or Services and Prices

CAPRINES

FFP

Caprines In Accordance With the Statement of Requirements

Annual Minimum Quantity is 50; Annual Maximum Quantity is 3600

Monthly Estimated Quantity is 300 and not to exceed 600

Guaranteed minimum quantity of 50 each will be ordered upon contract award.

Period of Performance 1 September 2012 thru 31 August 2013

FOB: Destination

PURCHASE REQUEST NUMBER: W90YCG2055KJ23

MAX

NET AMT

FFP

Caprines In Accordance With the Statement of Requirements

Annual Minimum Quantity is 50; Annual Maximum Quantity is 3600

Monthly Estimated Quantity is 300 and not to exceed 600

Period of Performance 1 September 2013 thru 31 August 2014

MAX

FFP

Caprines In Accordance With the Statement of Requirements

Annual Minimum Quantity is 50; Annual Maximum Quantity is 3600

Monthly Estimated Quantity is 300 and not to exceed 600

Period of Performance 1 September 2014 thru 31 August 2015

MAX

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

STATEMENT OF REQUIREMENT

C.1 The Contractor shall provide and deliver to Fort Bragg, North Carolina caprines meeting or exceeding the following specifications in accordance with this Section C, Federal, and state of origin regulations governing the health requirements for the transport and admission of animals both intra and interstate, and all other terms and conditions stated herein.

C.2 General:

C.2.1 Health: Caprines must be live, male only (wether or intact), weighing a minimum of fifty-five (55) pounds (25 kg) upon delivery to Fort Bragg, North Carolina.

C.2.2 Caprines shall be healthy, free of zoonotic diseases and show no evidence of respiratory, gastrointestinal, cutaneous, musculoskeletal, nervous, metabolic, ophthalmic, or other diseases.

C.2.3 A military veterinarian, or in his or her absence his trained representative, will be present at delivery and will inspect each caprine for lameness or any infectious, traumatic, or metabolic condition; and shall be the final authority for medical acceptance or non-acceptance.

C.2.4 Examples of common causes for rejection are listed below (but are not all inclusive):

C.2.4.1 Mucopurulent Nasal discharge: Mucopurulent nasal discharge is an indicator of upper respiratory infection or pneumonia. A small amount of clear nasal discharge may result from transport.

C.2.4.2 Infectious keratoconjunctivitis (pinkeye) and ocular discharge: Crusting, tearing/drainage, or any clouding of the cornea may indicate the presence of pinkeye.

C.2.4.3 Contagious ecthyma (orf or soremouth): Contagious ecthyma is a zoonotic disease. Any caprine with evidence of a lesion will be rejected.

C.2.4.4 Diarrhea.

C.2.4.5 Lameness: Any alteration in gait may indicate lameness, regardless of cause. The ability to bear weight on the affected limb shall not be a factor in determining acceptance or rejection.

C.2.4.6 Open wounds: This includes any wound that is not completely healed or is bleeding or infected. Examples are broken horns, open sinuses, and lacerations.

C.2.4.7 Caseous Lymphadenitis: Any cutaneous nodule which holds the characteristics of caseous lymphadenitis may be rejected.

C.2.4.8 Skin diseases: This includes ringworm, dermatophilus, and other non-specific skin lesions.

C.2.4.9 Deceased or moribund animals: Deceased or moribund (downer) animals will not be accepted. The attending veterinarian may elect to euthanize the moribund animal for humane reasons. Euthanasia for humane reasons does not entitle the Contractor to reimbursement for the animal. The Government may offer to dispose of the dead animals as a courtesy to the vendor.

C.2.5 Delivery: Contractor shall delivery Caprines in lots of 30 to 150 with 30 days notice. The monthly total generally will not exceed 600 animals. Annually, the estimated number of caprines shall be a minimum of 50 and a maximum of 3600. Delivery schedules and quantities will be provided to the Contractor monthly. The entire quantity stated for delivery on any specific day shall be delivered at one time, e.g. no split shipments will be accepted. Generally, deliveries shall be made between the hours of 0600 and 0900, Monday through Friday. Delivery/in processing procedures shall begin no earlier than 0600 and will continue until all inspections are completed, normally not later than 0900 hrs on the day of delivery. The Contractor shall coordinate with the receiving facility at least 48 hours or two business days prior to delivery for the exact time of delivery based on the availability of veterinary personnel. Changes to time of delivery may be made by direct coordination between the contracting officer/contracting officer’s representative (CO/COR) and the contractor up to 12 hours prior to the delivery time. The contractor should be aware that a shorter notification may be provided should the installation be closed due to extreme inclement weather. The COR information will be given at the time of the award.

C.3 Qualifications: The Contractor must be an USDA Class A or Class B licensed dealer.

C.4 QUARANTINE PROCEDURES:

C.4.1 Prior to delivery, all caprines shall be quarantined for a minimum of fourteen (14) days on pasture or within confinement facilities that meet the standards described in Title 9 CFR, Chapter 1, Part 3, subpart F, paragraphs 3.125 through 3.142. The animals shall be quarantined as a group and at least 30 feet from other domestic, wild, or exotic animals. If animals are housed indoors, minimum space requirements are 15 square feet per animal. If animals are outdoors, no more than 150 adult goats per acre of grass pasture having access to sheltered areas of at least 5.4 square feet of shelter per animal. Animals may be removed from the quarantine group during the fourteen (14) day period prior to delivery, but shall not be returned to the group for that delivery. Animals shall not be added to the quarantine group during the fourteen (14) day period prior to delivery. Additions of new or previously rejected animals to a particular quarantine group will necessitate that the entire quarantine period be served again by all animals within that group. The quarantine facility shall be the location stated in the USDA Class A or Class B license. The Contractor shall notify the COR prior to the beginning of the quarantine period. The Government reserves the right to conduct announced or unannounced inspections of the quarantine facilities at any time to ensure compliance with quarantine requirements, compliance with humane care standards, and to maintain positive animal identification throughout quarantine period. The quarantine facilities shall not be located on Fort Bragg, North Carolina.

C.4.2 For each delivery, the Contractor shall self-certify that the animals have been quarantined on the Contractor’s facility for the required fourteen (14) days. The Government may at any time request a written report detailing the quarantine status of any lot of caprines presented for delivery.

C.4.3 The Contractor shall not function as a broker between a “sale barn” or “auction house” (any place, public or private, where animals from multiple sources are commingled and sold or exchanged by auction, bidding, or any other financial transaction) without the fourteen (14) day quarantine period on the Contractor’s facility.

C.5 The Contractor shall institute an animal health program that will ensure delivery of healthy animals to Fort Bragg, North Carolina. This program will include, at a minimum, vaccinations for Shipping Fever Pneumonia Complex, Enterotoxemia, and Tetanus no later than the beginning of the fourteen (14) day quarantine period. The Contractor shall consult with the Contractor’s veterinarian to implement this requirement and for additional components of a herd health program, including an effective deworming program that are applicable to the Contractor’s facility and herd health situation.

C.6 The Contractor shall begin transition to a pelleted grain diet 10-14 days prior to delivery to reduce digestive problems after delivery.

C.7 The Contractor shall provide a sketch, written description, photos, and other full descriptions of the quarantine facilities fully demonstrating the ability to comply with quarantine requirements as stated above and in accordance with Title 9 CFR Chapter 1, Part 3, Subpart F, 3.125 through 3.133. Photos of transportation that meets the requirement of Title 9 CFR Chapter 1, Part 3, Subpart F, 3.136 through 3.140; to transport a minimum of 150 animals at one time must be supplied. A fully written description of the animal health program in use outlining specific drugs, vaccinations, and other treatments. A copy of Class A or B License shall be provided. Descriptions of the above must be in detail.

C.8 The Contractor will provide written updates to the Government when changes have been made to the animal health program at time of delivery .

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

BLDG 5-3845, COMBAT MEDIC DRIVE

FORT BRAGG NC 28310

BLDG 5-3845, COMBAT MEDIC DRIVE

FORT BRAGG NC 28310

Government

BLDG 5-3845, COMBAT MEDIC DRIVE

FORT BRAGG NC 28310

BLDG 5-3845, COMBAT MEDIC DRIVE

FORT BRAGG NC 28310

Government

BLDG 5-3845, COMBAT MEDIC DRIVE

FORT BRAGG NC 28310

BLDG 5-3845, COMBAT MEDIC DRIVE

FORT BRAGG NC 28310

Government

CLAUSES INCORPORATED BY FULL TEXT

SHIPPING AND RECEIVING INSTRUCTIONS (JUN 2009)

MARKING: Contractors shall ensure that the contract number is clearly marked on the exterior of all shipping cartons/containers. This will assist in timely receipt of and payment for the supplies accepted.

The purchase/delivery order number can be located in blocks 1 and 2 of the DD Form 1155 and block 2 of the SF 1449. It also appears at the top of each subsequent page .

If drop shipping procedures are used, please ensure that your shipper complies with these instructions. Cartons without identification may be returned “freight collect”.

SHIPPING: The purchase/delivery order provides the only approved ship to/delivery address(es). Do not redirect shipments to locations other than those specified in the order. To do so may delay acceptance of and payment for the items shipped.

Additional costs for shipment to addresses other than those specified on the order will not be paid unless the ship to/delivery address has been changed by a modification to the order signed by a contracting officer.

INVOICING PROCEDURES:

ELECTRONIC INVOICING: Except as provided in paragraph (c) of DFARS Clause 252.232-7003, Electronic Submission of Payment Requests (Mar 2007), the Contractor shall submit payment requests through Wide Area Work Flow (WAWF) utilizing the Invoice and Receiving Report (Combo) method. The COMBO method is designed to generate a notification to the receiver that an invoice has been submitted and requires a receiving report. Utilization of this feature is expected to minimize delays in the payment process.

Contractors shall register to use WAWF and ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract/order.

Information regarding WAWF is available on the Internet at the following addresses:

WAWF General Information and Registration - https://wawf.eb.mil WAWF Training Database (great place to practice using WAWF) - https://wawftraining.eb.mil WAWF On-line Training Course (great place to begin learning WAWF) - www.wawftraining.com DFAS Electronic Commerce End Users Tool Box (register for classroom training and obtain user guides) http://www.dfas.mil/contractorpay/electroniccommerce/ECToolBox.html ALTERNATE METHOD: In the event WAWF is not available, invoices may also be submitted via fax to:

DFAS – Rome, FAX# 877-575-3332. This method is to be used by exception only.

TO ACCESS PAYMENT STATUS ELECTRONICALLY:

https://myinvoice.csd.disa.mil//index.html

FOR ADDITIONAL INFORMATION REGARDING THE VENDOR PAY INQUIRY SYSTEM:

http://www.dod.mil/dfas/contractorpay/vedorpayinquiresystemvpis.html CUSTOMER SERVICE inquiries may be made to: 1-800-553-0527

DFAS: Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) Office as designated in this contract. Please have your purchase order/contract number ready when calling about payments. You can also access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment.

CODES: The following codes and information will be required to assure successful flow of WAWF documents.

TYPE OF DOCUMENT: (CHECK ONE)

_X_ COMBO: Invoice and Receiving Report

__ Invoice as 2-in-1 (Services only)

__ Invoice Only

__ Construction Invoice (Contractor Only)

__ Progress Payment (Government Only)

__ Cost Voucher (Government Only)

__ Receiving Report (Government Only)

__ Receiving Report with Unique Identification (UID) Data (Government Only) (UID is a new globally unique “part identifier” containing data elements used to track DOD parts through their life cycle.)

ISSUE BY DODAAC: (FILL IN)

SHIP TO DODAAC: (FILL IN)

ACCEPT BY DODAAC: (FILL IN)

PAYMENT OFFICE FISCAL STATION CODE: (FILL IN)

EMAIL POINTS OF CONTACT LISTING: Upon submission of your electronic invoice, use the Email feature in WAWF to notify the following personnel:

ACCEPTOR: (FILL IN@soc.mil)

CONTRACT ADMINISTRATOR: (FILL IN@soc.mil) CONTRACTING OFFICER: (FILL IN@soc.mil) ADDITIONAL CONTACT: (FILL IN@soc.mil)

RECEIVING REPORT PROCEDURES:

ELECTRONIC RECEIVING VIA WAWF: The Warehouse/Receiving Activity/Contracting Officer’s Representative (COR) is responsible to ensure a receiving report is correctly processed and forwarded to the appropriate finance office via Wide Area Work Flow (WAWF). In the event of a WAWF problem, contact the WAWF Help Desk at Toll Free: 1-866-598-3560, Commercial: 614-693-0290; or DSN: 869-0290.

PAPER RECEIVING REPORTS BY EXCEPTION ONLY:

DD FORM 1155: If the DD Form 1155 is used as the receiving report for either a final or partial receipt/payment:

SF FORM 1449: If the SF Form 1449 is used as the receiving report as either a final or partial receipt/payment:

DD FORM 250: If the DD form 250 is used for the receiving report, the only version acceptable by DFAS is the form dated August 2000.

Section F - Deliveries or Performance

DELIVERY INFORMATION

31-AUG-2013

WAWF ACCEPTOR

BLDG 5-3845, COMBAT MEDIC DRIVE

FORT BRAGG NC 28310

910-396-0089

W90YCG

31-AUG-2014

W90YCG

31-AUG-2015

W90YCG

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2011) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(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 (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (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) 52.222-54, Employment Eligibility Verification (JAN 2009).

(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.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES (JAN 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for ___________ [offeror insert Schedule line item number] is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that (1) is an established catalog or market price for a commercial item sold in substantial quantities to the general public, and (2) is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly.

(c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective (i) on the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter or (ii) if the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

CLAUSES INCORPORATED BY FULL TEXT

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from:

Base Year - 1 September 2012 through 31 August 2013

Option Year One - 1 September 2013 through 31 August 2014

Option Year Two- 1 September 2014 through 31 August 2015

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 50 each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of 600;

(2) Any order for a combination of items in excess of 600; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 September 2015.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 0 to 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil (End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010) (DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (OCT 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

252.237-7010

252.237-7019 Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(End of clause)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official's Name)

(Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including--

(1) Cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(2) Information other than cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to----

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustment under an incentive provision of the contract.

5652.201-9001 Technical Representative (2005) Section I

(a) The Contracting Officer may appoint one or more Government employees as a technical representative to assist the Contracting Officer with scientific engineering or field of discipline matters directly related to the contract. The technical representative is not authorized to act on be behalf of the Contracting Officer or to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(b) The appointments will be in writing, signed by the Contracting Officer.

(End of clause)

5652.252-9000 NOTICE OF INCORPORATION OF SECTION K (1998) Section I

Section K, Certifications and Representations, of the solicitation will not be distributed with the contract; however, Section K is hereby incorporated by reference.

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by…