0409R0015.doc

Section SF 1449 - CONTINUATION SHEET

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

I. SUBMISSION OF OFFERS: [(Reference Paragraph (b)]

a. Proposals are to be submitted to the Defense Commissary Agency, Equipment and Maintenance Acquisition Division, Attn: Rebecca L. Antico, 1300 E. Ave, Fort Lee, VA 23801-1800. No faxed, scanned or e-mailed copies will be accepted. Faxed copies of past performance references will be accepted. The complete proposal with authorized representative’s signature must be received by the closing date and time. NOTE: The Small Business Administration has issued a class waiver of the non-manufacturer rule for NAICS 333415. As such, small businesses may supply the product of any size business in performance of the contract resulting from this solicitation.

b. The Offeror’s proposal shall provide the following information:

1. Product Information: Submit descriptive literature, a matrix, or other information that demonstrates that the proposed product meets all the mandatory general and operational characteristics of Commissary Equipment Descriptions (CED) specified within each line item.

Note: Complete specifications (Commissary Equipment Description, (CED)) for each line item can be accessed at www.commissaries.com. The following steps will take you to the pages where the CEDs are located:

1. To www.commissaries.com

2. To “About Us”

3. To “Business with DECA”

4. To “Equipment”

5. To “Automated Commissary Equipment Descriptions”

6. To “Search for CEDs”

7. In “Search” enter the CED number for each line and search

8. Click on the CED link twice

9. Press “Open” and the CED will open for viewing/printing

2. Past Performance References: Submit at least 5 references; companies that you have conducted business with over the last five years for delivery of products and installation services that are similar to those listed in this solicitation. Provide by fax the following information for each reference to Rebecca L. Antico at 804-734-8009, press pause at least twice and then dial 78886 no later than March 25, 2009:

(1) Company Name and Address

(2) Point of Contact Name and Title

(3) Phone Number

(4) Facsimile Number

(5) E-Mail Address

(6) Description of Product Delivered

The references will be asked to provide information on your company’s past performance with regard to timeliness of delivery, quality, and business relations. The contracting officer will contact the references provided to obtain this information. Any other past performance information available to the contracting officer will also be considered.

3. Price: Provide your best price for each item. Do not include shipping costs in price. For evaluation purposes, we will include an estimated shipping cost of $750.00 for each piece of equipment.

II. PERIOD FOR ACCEPTANCE OF OFFERS: [(Reference Paragraph (c)]

Change minimum acceptance period to 90 days.

52.212-2

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

1. Product

2. Past Performance

(a) Timeliness

(b) Quality

(c) Business Relations

3. Price

(b) Award will be made to the lowest-priced technically acceptable offeror per evaluation group. Offerors will be determined to be technically acceptable if their proposed product complies with the CED requirements, and by receiving a good rating for each subfactor within the past performance evaluation factor. For the proposed product to be compliant, the offeror's product must meet or exceed the mandatory general and operational characteristics. Proposal evaluation and contract award will be made by evaluation group. Five contract awards are possible.

(c) The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance, but an offeror's overall past performance history. The Government is seeking to determine whether the offeror has consistently demonstrated a genuine concern for customer satisfaction, and timely delivery of quality goods. This determination is a matter of judgment.

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The government reserves the right to issue an award without discussions.

(e) The groups are:

Group 1 - Contract line items 0001 and 0002 and all subCLINs

Group 2 - Contract line item 0003 and all subCLINs

Group 3 - Contract line items 0004 and 0005 and all subCLINs

Group 4 - Contract line items 0006 and 0007 and all subCLINs

Group 5 - Contract line item 0008 and all subCLINs

The offeror’s proposed price will be multiplied by the estimated quantities for all sub-CLINs for the base and all option years and totaled, including estimated shipping costs, for a total evaluated price per group.

ADDENDUM TO 52.212-4

TERMS AND CONDITIONS – COMMERCIAL ITEMS

The following paragraphs have been changed/added to FAR 52.212-4 Terms and Conditions – Commercial Items.

1. Administrative Modifications:

The government may issue unilateral written modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data.

2. Payment Procedures:

Funding will be provided on individual delivery orders. Payment will be made by Defense Finance and Accounting Service (DFAS). Delivery orders will be issued and accessed through the Electronic Document Access System (EDA) at http://eda.ogden.disa.mil. The contractor shall submit the invoice to the address designated in the individual delivery order.

Clause 252.232-7003, entitled Electronic Submission of Payment Requests (May 2006), is included in this contract. If during the period of performance of this contract, the Contracting Officer determines that DECA (including stores) and the contractor have mutual capability to convert to WAWF, the contract will be modified. The Contractor will be provided a 30 day advance notice before the effective date for compliance. Conversion will be at no additional cost to the government.

3. Period of Performance:

Base Year:

June 1, 2009, or date of award if later, through May 31, 2010 Option Year 1:

June 1, 2010 through May 31, 2011

Option Year 2:

June 1, 2011 through May 31, 2012

4. Delivery:

Delivery is required 35 days after receipt of delivery order. Delivery to commissaries shall be made between the hours of 7:00 am and 3:00 pm local time, Monday through Friday, excluding official Government Holidays.

Shipping: The contractor shall charge for shipment of each order as a charge separate from the cost of the product (see schedule). Some delivery locations may require packaging and preparation for overseas shipment, but the contractor is responsible only for shipment to the port. Machines destined for overseas shipment will be wrapped, blocked, and braced using best commercial practices so that the machine arrives at destination without damage. Each Outside Continental United States (OCONUS) delivery order will include packing and marking instructions to the shipping port specified in the order.

5. Commissary Equipment Descriptions - Complete specifications (Commissary Equipment Description, (CED)) for each line item can be accessed at www.commissaries.com. The following steps will take you to the pages where the CEDs are located:

10. To www.commissaries.com

11. To “About Us”

12. To “Business with DECA”

13. To “Equipment”

14. To “Automated Commissary Equipment Descriptions”

15. To “Search for CEDs”

16. In “Search” enter the CED number for each line and search

17. Click on the CED link twice

18. Press “Open” and the CED will open for viewing/printing

BASE YEAR: Jun 1, 2009 - May 31, 2010

FFP

Sandwich Preparation Tables

CED 1D05

Group 1

FOB: Destination

NET AMT

0001AA

Sandwich Preparation Tables

Four feet long

CED 1D05-4

ESTIMATED

NET AMT

0001AB

Sandwich Preparation Tables

Six feet long

CED 1D05-6

ESTIMATED

0001AC

Shipping in accordance with the Addendum to 52.212-4

ESTIMATED

BASE YEAR: Jun 1, 2009 - May 31, 2010

Sushi Preparation Tables

CED 1D07

NET AMT

0002AA

Sushi Preparation Tables

Four feet long

CED 1D07-A

ESTIMATED

0002AB

Sushi Preparation Tables

Six feet long

CED 1D07-B

ESTIMATED

0002AC

Sushi Preparation Tables

Eight feet long

CED 1D07-C

ESTIMATED

0002AD

Shipping

ESTIMATED

BASE YEAR: Jun 1, 2009 - May 31, 2010

Open Cheese Islands Cases

CED 1G03

Group 2

NET AMT

0003AA

Open Cheese Island Cases

Eight feet long

CED 1G03-08

ESTIMATED

0003AB

Open Cheese Island Cases

Twelve feet long

CED 1G03-12

ESTIMATED

0003AC

Shipping

ESTIMATED

BASE YEAR: Jun 1, 2009 - May 31, 2010

Self-Contained Multi-Deck Refrigerated Cases

CEDs 1G15, 1M39, or 1P09

Group 3

NET AMT

0004AA

Self-Contained Multi-Deck Refrigerated

Cases

Six feet long

CEDs 1G15-06,1M39-06, and 1P09-06

ESTIMATED

0004AB

Self-Contained Multi-Deck Refrigerated

Cases

Eight feet long

CEDs 1G15-08, 1M39-08, and 1P09-08

ESTIMATED

0004AC

Self-Contained Multi-Deck Refrigerated

Cases

Twelve feet long

CEDs 1G15-12, 1M39-12, and 1P09-12

ESTIMATED

0004AD

Shipping

ESTIMATED

BASE YEAR: Jun 1, 2009 - May 31, 2010

Grab-n-Go Refrigerated Wall Merchandisers

CED 1G24

NET AMT

0005AA

Grab N Go

Four feet long

Five feet high

CED 1G24-B

ESTIMATED

0005AB

Grab N Go

Four feet long

Six feet, six inches tall

CED 1G24-E

ESTIMATED

0005AC

Grab N Go

Six feet long

Five feet high

CED 1G24-G

ESTIMATED

0005AD

Grab N Go

Six feet long

Six feet, six inches tall

ESTIMATED

0005AE

Shipping

ESTIMATED

BASE YEAR: Jun 1, 2009 - May 31, 2010

Upright Frozen Food Merchandisers

CED 1G25

Group 4

NET AMT

0006AA

Upright Frozen Food Merchandisers

Two door

CED 1G25-2

ESTIMATED

0006AB

Upright Frozen Food Merchandisers

Three door

CED 1G25-3

ESTIMATED

0006AC

Shipping

ESTIMATED

BASE YEAR: Jun 1, 2009 - May 31, 2010

Upright Medium Temperature Merchandisers

CED 1G26

NET AMT

0007AA

Upright Medium Temperature Merchandisers

Two door

CED 1G26-2

ESTIMATED

0007AB

Upright Medium Temperature Merchandisers

Three door

CED 1G26-3

ESTIMATED

0007AC

Shipping

ESTIMATED

BASE YEAR: Jun 1, 2009 - May 31, 2010

Self-Contained Mobile Produce Display Cases

CED 1P12

Group 5

NET AMT

0008AA

Self-Contained Mobile Produce

Display Cases

Eight feet long

CED 1P12-08

ESTIMATED

0008AB

Self-Contained Mobile Produce

Display Cases

Twelve feet long

CED 1P12-12

ESTIMATED

0008AC

Shipping

ESTIMATED

FFP

Sandwich Preparation Tables

CED 1D05

NET AMT

1001AA

FFP

Four feet long

ESTIMATED

1001AB

FFP

Six feet long

ESTIMATED

1001AC

FFP

ESTIMATED

FFP

Sushi Preparation Tables

CED 1D07

NET AMT

1002AA

FFP

Four feet long

ESTIMATED

1002AB

FFP

Six feet long

ESTIMATED

1002AC

FFP

Eight feet long

ESTIMATED

1002AD

FFP

ESTIMATED

FFP

Open Cheese Islands Cases

CED 1G03

NET AMT

1003AA

FFP

Eight feet long

ESTIMATED

1003AB

FFP

Twelve feet long

ESTIMATED

1003AC

FFP

ESTIMATED

FFP

Self-Contained Multi-Deck Refrigerated Cases

CEDs 1G15, 1M39, or 1P09

NET AMT

1004AA

FFP

Cases

Six feet long

ESTIMATED

1004AB

FFP

Cases

Eight feet long

ESTIMATED

1004AC

FFP

Cases

Twelve feet long

ESTIMATED

1004AD

FFP

ESTIMATED

FFP

Grab-n-Go Refrigerated Wall Merchandisers

CED 1G24

NET AMT

1005AA

FFP

Four feet long

Five feet high

ESTIMATED

1005AB

FFP

Four feet long

Six feet, six inches tall

ESTIMATED

1005AC

FFP

Six feet long

Five feet high

ESTIMATED

1005AD

FFP

Six feet long

Six feet, six inches tall

ESTIMATED

1005AE

FFP

ESTIMATED

FFP

Upright Frozen Food Merchandisers

CED 1G25

NET AMT

1006AA

FFP

Two door

ESTIMATED

1006AB

FFP

Three door

ESTIMATED

1006AC

FFP

ESTIMATED

FFP

Upright Medium Temperature Merchandisers

CED 1G26

NET AMT

1007AA

FFP

Two door

ESTIMATED

1007AB

FFP

Three door

ESTIMATED

1007AC

FFP

ESTIMATED

FFP

Self-Contained Mobile Produce Display Cases

CED 1P12

NET AMT

1008AA

FFP

Display Cases

Eight feet long

ESTIMATED

1008AB

FFP

Display Cases

Twelve feet long

ESTIMATED

1008AC

FFP

ESTIMATED

FFP

Sandwich Preparation Tables

CED 1D05

NET AMT

2001AA

FFP

Four feet long

ESTIMATED

2001AB

FFP

Six feet long

ESTIMATED

2001AC

FFP

ESTIMATED

FFP

Sushi Preparation Tables

CED 1D07

NET AMT

2002AA

FFP

Four feet long

ESTIMATED

2002AB

FFP

Six feet long

ESTIMATED

2002AC

FFP

Eight feet long

ESTIMATED

2002AD

FFP

ESTIMATED

FFP

Open Cheese Islands Cases

CED 1G03

NET AMT

2003AA

FFP

Eight feet long

ESTIMATED

2003AB

FFP

Twelve feet long

ESTIMATED

2003AC

FFP

ESTIMATED

FFP

Self-Contained Multi-Deck Refrigerated Cases

CEDs 1G15, 1M39, or 1P09

NET AMT

2004AA

FFP

Cases

Six feet long

ESTIMATED

2004AB

FFP

Cases

Eight feet long

ESTIMATED

2004AC

FFP

Cases

Twelve feet long

ESTIMATED

2004AD

FFP

ESTIMATED

FFP

Grab-n-Go Refrigerated Wall Merchandisers

CED 1G24

NET AMT

2005AA

FFP

Four feet long

Five feet high

ESTIMATED

2005AB

FFP

Four feet long

Six feet, six inches tall

ESTIMATED

2005AC

FFP

Six feet long

Five feet high

ESTIMATED

2005AD

FFP

Six feet long

Six feet, six inches tall

ESTIMATED

2005AE

FFP

ESTIMATED

FFP

Upright Frozen Food Merchandisers

CED 1G25

NET AMT

2006AA

FFP

Two door

ESTIMATED

2006AB

FFP

Three door

ESTIMATED

2006AC

FFP

ESTIMATED

FFP

Upright Medium Temperature Merchandisers

CED 1G26

NET AMT

2007AA

FFP

Two door

ESTIMATED

2007AB

FFP

Three door

ESTIMATED

2007AC

FFP

ESTIMATED

FFP

Self-Contained Mobile Produce Display Cases

CED 1P12

NET AMT

2008AA

FFP

Display Cases

Eight feet long

ESTIMATED

2008AB

FFP

Display Cases

Twelve feet long

ESTIMATED

2008AC

FFP

ESTIMATED

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (DEC 2001)

The contractor is responsible for ensuring compliance with installation access procedures for both personnel and vehicles.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(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; 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 subsidiary, 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)

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

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

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

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

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

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (4) 52.219-4, 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).

___ (5) [Reserved].

_X__ (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

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

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

___ (8) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (9)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9 ___ (iii) Alternate II (OCT 2001) of 52.219-9.

_X__ (10) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (11) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (12)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (13) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f).

_X__ (16) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)).

_X__ (17) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X__ (18) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

_X__ (19) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X__ (20) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X__ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X__ (22) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

_X__ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X__ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (Not Applicable until May 21, 2009.)

___ (26)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) .

___ (28)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

_X__ (29) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (30) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

___ (31)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (FEB 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

___ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

___ (32) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (33) 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).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (37) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X__ (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

___ (40) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (41) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

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

____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.)

____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

____ (7) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)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) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iv) 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).

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

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

(vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(viii) 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)).

(ix) 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.).

(x) 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.).

(xi) 52.222-54, Employment Eligibility Verification (Jan 2009). (Not applicable until May 21, 2009.)

(xii) 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)

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 June 1, 2009, or date of award, if later through May 31, 2010, and May 31, 2011 if the first option is exercised, and May 31, 2012 if the second option is exercised.

(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 $100.00, 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 twenty;

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

(3) A series of orders from the same ordering office within two 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 three 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)

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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 from June 1, 2009, or date of award, if later through May 31, 2010, and May 31, 2011 if the first option is exercised, and May 31, 2012 if the second option is exercised.

(End of clause)

52.217-4500 OPTION TO EXTEND CONTRACT DELIVERY (AUG 2004)

The Government may require continued delivery of any supplies within the limits and at the prices specified in the contract. This option provision may be exercised more than once, but the total extension of the delivery period hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the contract delivery period.

(End of Clause)

52.217-4501 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (JUL 2003)

a. The Government may extend the term of this contract by written notice to the Contractor at least 30 days prior to expiration of the current contract period; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 provision.

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

52.225-18 PLACE OF MANUFACTURE (SEP 2006)

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

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.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(End of provision)

52.228-4500 LIABILITY TO THIRD PERSONS (APR 1997)

The contractor shall be responsible for and hold the Government harmless from all claims on the part of persons not a party to this contract for personal injury, death, and property loss or damage caused in whole or in part by the fault or negligence of the contractor, his officers, agents, or employees in the performance of work under this contract.

52.228-4…