411R0015 - Revision 2.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 may be submitted by mail or electronically by email or facsimile. If submitting by mail, proposals are to be submitted to the Defense Commissary Agency, Operations Contracting Division, DOK, Attn: Trina Barnes, 1300 E. Ave, Fort Lee, VA 23801-1800. Proposals may be emailed to Ms. Barnes at DOSContracting2@deca.mil or faxed to 804-734-8009 ext. 76197. The complete proposal with authorized representative’s signature must be received by the closing date and time. Offerors are also required to be registered in the Central Contractor’s Registration (CCR) database at http://ccr.gov. Offerors are required to submit subcontracting plans with their proposals in accordance to the guidelines prescribed in FAR Clause 52.219-9 Alt II.

b. Product Information: The offerors shall submit descriptive literature, a matrix, or other information that demonstrates that the proposed products meet all the mandatory generalized operating specifications Commissary Equipment Descriptions (CEDs) 1B12-A, 1B12-B, 1B15, 1B20-A and 1B20-B.

c. To obtain the complete specifications (referred to as Commissary Equipment Description or CED) specified in each line item follow the steps below.

1. Go to www.commissaries.com

2. Select the tab “About Us”

3. Select “Business with DECA”

4. Select “Equipment”

5. Select “Automated Commissary Equipment Descriptions” (ACED)

6. “Search CED”

7. In “Search” enter the CED number

8. Click on the CED link twice

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

d. Offerors must have updated on-line representations completed via ORCA, http://orca.bpn.gov

e. Past Performance References: Submit at least 5 references; companies that you have conducted business with over the last five years for delivery of products that are similar to those listed in this solicitation. Provide by fax the following information for each reference to Trina Barnes at 804-734-8009, press pause at least twice and then dial 76197 no later than May 10, 2011.

(1) Delivery Period

(2) Company Name and Address

(3) Point of Contact Name and Title

(4) Phone Number

(5) Facsimile Number

(6) E-Mail Address

(7) 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 of products, 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.

f. Price: Provide your best price for each item. DO NOT include shipping costs in the price.

g. Shipping Costs: Prior to placing delivery orders, the Government will contact the vendor for shipping cost for specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

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 firm fixed-price requirements type contract(s) resulting from this solicitation to responsible offeror(s) 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 Acceptability

2. Past Performance

(a) Timeliness

(b) Quality of Products

(c) Business Relations

3. Price

(b) Award will be made to the lowest-priced technically acceptable offeror. Offerors will be determined to be technically acceptable if their proposed product is rated “pass” on all generalized operating specifications, and by receiving a rating in the “good” range for each past performance evaluation sub-factor. For the proposed product to be acceptable, the offeror's product must meet or exceed the stated generalized operating specifications. Total evaluated price will be determined by totaling the price for each CLIN and sub-CLIN for the base and option years for a total evaluated price. Proposal evaluation and contract award will be by total proposal amount. Award will be made on an all or none basis.

(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) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(e) 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 (or part of 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 award without discussions.

ADDENDUM TO 52.212-4

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). Contract payments will be processed electronically via EFT through the Defense Finance and Accounting Service (DFAS). Prior to DFAS releasing any contract payment, the contractor must submit a proper invoice using Wide Area Work Flow (WAWF) electronic commerce by utilizing the “combo” method. After a proper invoice is received, a Government representative will acknowledge acceptance and receipt of the service via WAWF. After all items are properly submitted, the contract payment will be processed via DFAS electronically.

The contractor must access the WAWF Vendor Tools on the DFAS website and complete the requirements to obtain an active WAWF account. This will allow the contractors to submit invoices via WAWF so that payments can be processed electronically through EFT.

For additonal WAWF information, see clause 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008).

Clause FAR 52.213-1, Fast Pay Procedures, applies to orders whose final destination is outside the continental United States.

3. Period of Performance:

Base Year:

July 1, 2011, or date of award if later, through June 30, 2012

Option Year 1:

July 1, 2012 through June 30, 2013

Option Year 2:

July 1, 2013 through June 30, 2014

4. Delivery:

Delivery orders will be issued and accessed through the Electronic Document Access System (EDA) http://eda.ogden.disa.mil. Contractors must complete the on-line registration available at the website in order to retreive documents displayed there.

The site survey must be completed 30 days after receipt of the order. Delivery orders to deinstall old equipment and to furnish and install new equipment will not be issued until the Contracting Officer’s Representative has ensured that the conditions described in the site survey have been completed and/or resolved. Equipment delivery date shall be 30 days after receipt of the delivery order. Work to de-install existing equipment and to install new oven and/or proofer must be completed within 15 days after receipt of de-install/install request from the store. 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.

5. Shipping:

FOB destination within the continental United States. Some delivery locations may require packaging and preparation for overseas shipment, but the contractor is responsible only for shipment to the port. Equipment destined for overseas shipment will be wrapped, blocked, and braced using best commercial practices so that the equipment 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. The contractor shall mark each shipment with the name of the contractor, contract number, and requisition number.

6. Be advised that this contract will be posted on http://www.commissaries.com/business/contracting.cfm at two distinct points during the procurement cycle:

(1) RECENT CONTRACT AWARDS - The first posting will take place immediately after the contract is awarded and will contain only the base year pricing.

(2) HISTORICAL PRICING – The second posting will take place when it is time for re-solicitation of an existing contract and will contain all CLINs and Sub-CLINs prices of the base period and all exercised options of the contract which is about to expire and is being re-solicited.

PERFORMANCE WORK STATEMENT

FURNISH AND INSTALL OVENS AND PROOFERS

COMMISSARY BAKERY DEPARTMENT

I. Scope

The contractor shall furnish all parts, tools, materials, transportation, equipment, and labor necessary to perform site surveys and report of existing facilities’ conditions and equipment, to de-install existing equipment and dispose of as specified, and to furnish and install new equipment. New equipment supplied shall conform to Defense Commissary Agency Commercial Equipment Descriptions (CEDs).

The exact dates of work are to be coordinated in advance with the Store Director and Deli/Bakery Manager to ensure minimal interruption of bakery operations. The contractor shall provide three days notice to the Store Director before arriving at the store to install/de-install equipment. Upon arrival, before commencing any type work (site survey, install, de-install, etc.) the contractor shall check-in with the Store Director so that store personnel are aware that the contractor is in the store. Contractor will identify himself and let store personnel know what type of work is being performed.

II. Ordering Process:

· A delivery order will be issued for the site survey. The purpose of the site survey is to assess and document the current conditions at the store to adequately prepare for installation of new equipment. The site survey will be conducted jointly with the contractor, the Store Director, the Deli/Bakery Department Manager and the local Field Engineer. Adequate coordination and advance notice will be provided by the contractor to the store and the Field Engineer to accommodate schedules and facilitate a productive visit.

· Site survey is to be completed and the resultant report submitted to the Contracting Officer and the Contracting Officer’s Representative (COR) 30 days after receipt of order. Report and photos (see Para. III, 10) may be submitted electronically. The contracting officer’s and COR’s points of contact information will be included on each individual site survey delivery order.

· The COR will approve the site survey report within 5 days and then authorize the Field Engineer to begin necessary work.

· The Field Engineer will complete preparatory work outlined in the site survey within 60 days after receiving site survey approval. The Field Engineer will notify the COR when all work has been completed. The COR will inform the Contracting Officer that work is completed and a purchase request will be processed for purchase and installation of recommended new equipment and de-installation of existing equipment, if applicable.

· After receipt of purchase request, a delivery order will be issued for equipment, de-installation and installation in accordance to the request . The equipment delivery date will be 30 days after receipt of the delivery order.

· Upon receipt, inspection and acceptance of new equipment, the store will contact the contractor to request de-installation of existing equipment (if applicable) and installation of new equipment. The de-installation and installation process shall be completed within 15 days of receipt of request from store.

III. Site Surveys:

A. Section I. Existing Equipment and Conditions

1. Identify existing bakery equipment, on-site. Identification shall include manufacturer, make, model, serial number, style, and voltage.

2. Identify energy source (electric/gas, and type), cooking capacity, age, and general condition to include energy source hookups in place for each piece of equipment.

3. Describe existing plumbing hookups. This shall include the general description of the water outlets available to include location in bakery department, height from floor/wall of fixed plumbing facilities.

4. Describe existing drain hookup in use for each piece of equipment. This shall include location of drain outlet (wall or floor), dimensions, and parameters to the piece of equipment.

5. Describe ventilation system in use for each oven, oven/proofer(s) on location. This shall include hood and ductwork size and relative ceiling height availability for the new equipment, as well as, removal of the existing equipment.

6. Describe existing exhaust fan capacity (if present) and condition to include electrical hookups.

7. Identify any existing equipment characteristics unique to this store deemed relevant. An example would be an existing oven that has a rear view window that the store director would like to retain.

8. Identify existing equipment for proposed de-installation to include: manufacturer, make and model number, as well as, style of equipment i.e. rotary or deck style oven.

9. Disposition recommendations for the equipment being replaced to include estimated sale/trade-in value or estimated disposal cost. Identify any egress issues related to removal of old or installation of new equipment that may exist, that would require the store to have any additional site preparation work performed prior to installation of new equipment.

10. Provide the following pictures, electronically, to the contracting officer with the site survey report:

a. Provide a picture of the electrical panel inside the panel box.

b. Provide pictures of existing drains.

c. Provide pictures of the existing ventilation system.

d. Provide pictures of each piece of equipment designated for replacement.

B. Section II. Proposed Equipment

1. Provide recommendations as to whether the equipment on-hand, after considering requested changes to existing equipment, will be of sufficient capacity to meet the production needs of that particular store.

2. List of proposed equipment required at this store, by type and cross referenced to DeCA’s CED.

3. Include general characteristics of equipment required, i.e. gas or electric, single, or double rack, 1 or 2 doors. It should also apply to all pieces of equipment, for example, oven, oven/proofer, or proofer. This recommendation should reflect the production needs of each independent commissary location.

4. List of recommended accessory equipment such as: baking racks (type-lift, roll-in, etc.), rack covers, and pans to meet the demands of the existing equipment and future baking demands based on proposed equipment replacement.

C. Section III. Site Preparation Requirements

1. Identify and describe necessary utility upgrades for electrical (outlets) and/or gas (lines) and plumbing (drains/water hookups) that will need to be accomplished accommodate proposed new equipment.

2. Identify any construction related work that will be required such as, tile replacement, wall or ceiling removals, etc. that are required or recommended prior to new equipment installation. Provide pictures of existing deli cases that may need to be moved to facilitate de-install/install operations.

3. Identify any ventilation system upgrades that are required prior to new equipment installation.

4. Identify any exhaust fan site preparatory work that is required prior to new equipment installation.

D. Section IV. Proposed Layout.

Develop a proposed layout of bakery equipment to include proposed new equipment as well as existing equipment to remain in place.

E. Section V. Compatibility Issues

Identify any compatibility issues as they relate to the existing equipment and proposed replacement equipment, such as type and style of bakery racks to ensure they can be transferred from one piece of equipment and placed into another piece (rotary oven and/or proofer) with minimal handling by department personnel to expedite the baking process.

IV. De-Installation

Disconnect and properly secure utility connections of existing equipment until new equipment is installed. Equipment is to be removed from the site and disposed of following state and local regulations. All utility work is to be accomplished according to National Electrical Code (NEC) and National Fire Protection Association (NFPA) 96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations.

V. Installation

Contractor is responsible for moving new equipment from storage, unpacking, moving into designated location, and hookup of power and utilities. Once installed, complete an operational test of the equipment to ensure satisfactory operation. Work to be accomplished according to NEC and NFPA 96. All debris generated from the installation to be removed from the site, and contractor is to clean the area and restore to its pre-installation condition.

Site Survey

FFP

Base Year: July 1, 2011, or date of award if later, through June 30, 2012.

FOB: Destination

NET AMT

0001AA

Site Survey

Within Continental United States (CONUS)

NET AMT

0001AB

Site Survey

Outside Continental United States (OCONUS)

NET AMT

Each

CED 1B12-A, Oven, Rotary, Roll-In, Single Rack, Electric

NET AMT

0002AA

CED 1B12-A, Oven, Rotary, Roll-In, Single Rack, Electric

Base Year: July 1, 2011, or date of award if later, through June 30, 2012.

Model Number:

Warranty Period:

Warranty POC:

NET AMT

0002AB

CED 1B12-A, Oven, Rotary, Roll-In, Single Rack, Electric, SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

0002AC

CED 1B12-A, Oven, Rotary, Roll-In, Single Rack, Electric, DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

0002AD

CED 1B12-A, Oven Rotary Roll-In, Single Rack, Electric, INSTALLATION, Within Continental United States (CONUS)

NET AMT

0002AE

CED 1B12-A, Oven, Rotary, Roll-In, Single Rack, Electric, DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

0002AF

CED 1B12-A, Oven Rotary Roll-In, Single Rack, Electric, INSTALLATION, Outside Continental United States (OCONUS)

NET AMT

Each

CED 1B12-B, Oven, Rotary, Roll-In, Single Rack, Gas

NET AMT

0003AA

CED 1B12-B, Oven, Rotary, Roll-In, Single Rack, Gas.

Base Year: July 1, 2011, or date of award if later, through June 30, 2012.

Model Number:

Warranty Period:

NET AMT

0003AB

CED 1B12-B, Oven, Rotary, Roll-In, Single Rack, Gas, SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

0003AC

CED 1B12-B, Oven, Rotary, Roll-In, Single Rack, Gas, DE-INSTALLATION (Remove and Dispose).

Within Continental United States (CONUS)

NET AMT

0003AD

CED 1B12-B, Oven, Rotary, Roll-In, Single Rack, Gas, INSTALLATION, Within Continental United States (CONUS)

NET AMT

0003AE

CED 1B12-B, Oven, Rotary, Roll-In, Single Rack, Gas, DE-INSTALLATION (Remove and Dispose).

Outside Continental United States (OCONUS)

NET AMT

0003AF

CED 1B12-B, Oven, Rotary, Roll-In, Single Rack, Gas, INSTALLATION, Outside Continental United States (OCONUS)

NET AMT

Each

CED 1B15, Mini-Rotary Oven/Proofer

NET AMT

0004AA

CED 1B15, Mini-Rotary Oven/Proofer

Base Year: July 1, 2011, or date of award if later, through June 30, 2012.

Model Number:

Warranty Period:

NET AMT

0004AB

CED 1B15, Mini-Rotary Oven/Proofer

SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

0004AC

CED 1B15, Mini-Rotary Oven/Proofer

DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

0004AD

CED 1B15, Mini-Rotary Oven/Proofer

INSTALLATION,

Within Continental United States (CONUS)

NET AMT

0004AE

CED 1B15, Mini-Rotary Oven/Proofer

DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

0004AF

CED 1B15, Mini-Rotary Oven/Proofer

INSTALLATION,

Outside Continental United States (OCONUS)

NET AMT

Each

CED 1B20-A, Proofer, Roll-In, One-Door

NET AMT

0005AA

CED 1B20-A, Proofer, Roll-In, One-Door

Base Year: July 1, 2011, or date of award if later, through June 30, 2012.

Model Number:

Warranty Period:

NET AMT

0005AB

CED 1B20-A, Proofer, Roll-In, One-Door

SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

0005AC

CED 1B20-A, Proofer, Roll-In, One-Door

DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

0005AD

CED 1B20-A, Proofer, Roll-In, One-Door

INSTALLATION,

Within Continental United States (CONUS)

NET AMT

0005AE

CED 1B20-A, Proofer, Roll-In, One-Door

DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

0005AF

CED 1B20-A, Proofer, Roll-In, One-Door

INSTALLATION,

Outside Continental United States (OCONUS)

NET AMT

Each

CED 1B20-B, Proofer, Roll-In, Two-Door

NET AMT

0006AA

CED 1B20-B, Proofer, Roll-In, Two-Door

Base Year: July 1, 2011, or date of award if later, through June 30, 2012.

Model Number:

Warranty Period:

NET AMT

0006AB

CED 1B20-B, Proofer, Roll-In Two-Door

SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

0006AC

CED 1B20-B, Proofer, Roll-In, Two-Door

DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

0006AD

CED 1B20-B, Proofer, Roll-In, Two-Door

INSTALLATION,

Within Continental United States (CONUS)

NET AMT

0006AE

CED 1B20-B, Proofer, Roll-In, Two-Door

DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

0006AF

CED 1B20-B, Proofer, Roll-In, Two-Door

INSTALLATION,

Outside Continental United States (OCONUS)

NET AMT

FFP

Option Year 1: July 1, 2012 through June 30, 2013.

NET AMT

1001AA

FFP

Within Continental United States (CONUS)

NET AMT

1001AB

FFP

Outside Continental United States (OCONUS)

NET AMT

Each

FFP

Single Rack, Electric

NET AMT

1002AA

FFP

Single Rack, Electric

Option Year 1: July 1, 2012 through June 30, 2013.

Model Number:

Warranty Period:

NET AMT

1002AB

FFP

Single Rack, Electric, SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

1002AC

FFP

Single Rack, Electric, DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

1002AD

FFP

Single Rack, Electric, INSTALLATION, Within Continental United States (CONUS)

NET AMT

1002AE

FFP

Single Rack, Electric, DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

1002AF

FFP

Single Rack, Electric, INSTALLATION, Outside Continental United States (OCONUS)

NET AMT

Each

FFP

Single Rack, Gas

NET AMT

1003AA

FFP

Single Rack, Gas.

Option Year 1: July 1, 2012 through June 30, 2013.

Model Number:

Warranty Period:

NET AMT

1003AB

FFP

Single Rack, Gas, SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

1003AC

FFP

Single Rack, Gas, DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

1003AD

FFP

Single Rack, Gas, INSTALLATION, Within Continental United States (CONUS)

NET AMT

1003AE

FFP

Single Rack, Gas, DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

1003AF

FFP

Single Rack, Gas, INSTALLATION, Outside Continental United States (OCONUS)

NET AMT

Each

FFP

NET AMT

1004AA

FFP

Option Year 1: July 1, 2012 through June 30, 2013.

Model Number:

Warranty Period:

NET AMT

1004AB

FFP

SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

1004AC

FFP

DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

1004AD

FFP

INSTALLATION,

Within Continental United States (CONUS)

NET AMT

1004AE

FFP

DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

1004AF

FFP

INSTALLATION,

Outside Continental United States (OCONUS)

NET AMT

Each

FFP

NET AMT

1005AA

FFP

Option Year 1: July 1, 2012 through June 30, 2013.

Model Number:

Warranty Period:

NET AMT

1005AB

FFP

SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

1005AC

FFP

DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

1005AD

FFP

INSTALLATION,

Within Continental United States (CONUS)

NET AMT

1005AE

FFP

DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

1005AF

FFP

INSTALLATION,

Outside Continental United States (OCONUS)

NET AMT

Each

FFP

NET AMT

1006AA

FFP

Option Year 1: July 1, 2012 through June 30, 2013.

Model Number:

Warranty Period:

NET AMT

1006AB

FFP

SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

1006AC

FFP

DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

1006AD

FFP

INSTALLATION,

Within Continental United States (CONUS)

NET AMT

1006AE

FFP

DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

1006AF

FFP

INSTALLATION,

Outside Continental United States (OCONUS)

NET AMT

FFP

Option Year 2: July 1, 2013 through June 30, 2014.

NET AMT

2001AA

FFP

Within Continental United States (CONUS)

NET AMT

2001AB

FFP

Outside Continental United States (OCONUS)

NET AMT

Each

FFP

Single Rack, Electric

NET AMT

2002AA

FFP

Single Rack, Electric

Option Year 2: July 1, 2013 through June 30, 2014.

Model Number:

Warranty Period:

NET AMT

2002AB

FFP

Single Rack, Electric, SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

2002AC

FFP

Single Rack, Electric, DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

2002AD

FFP

Single Rack, Electric, INSTALLATION, Within Continental United States (CONUS)

NET AMT

2002AE

FFP

Single Rack, Electric, DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

2002AF

FFP

Single Rack, Electric, INSTALLATION, Outside Continental United States (OCONUS)

NET AMT

Each

FFP

Single Rack, Gas

NET AMT

2003AA

FFP

Single Rack, Gas.

Option Year 2: July 1, 2013 through June 30, 2014.

Model Number:

Warranty Period:

NET AMT

2003AB

FFP

Single Rack, Gas, SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

2003AC

FFP

Single Rack, Gas, DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

2003AD

FFP

Single Rack, Gas, INSTALLATION, Within Continental United States (CONUS)

NET AMT

2003AE

FFP

Single Rack, Gas, DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

2003AF

FFP

Single Rack, Gas, INSTALLATION, Outside Continental United States (OCONUS)

NET AMT

Each

FFP

NET AMT

2004AA

FFP

Option Year 2: July 1, 2013 through June 30, 2014.

Model Number:

Warranty Period:

NET AMT

2004AB

FFP

SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

2004AC

FFP

DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

2004AD

FFP

INSTALLATION,

Within Continental United States (CONUS)

NET AMT

2004AE

FFP

DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

2004AF

FFP

INSTALLATION,

Outside Continental United States (OCONUS)

NET AMT

Each

FFP

NET AMT

2005AA

FFP

Option Year 2: July 1, 2013 through June 30, 2014.

Model Number:

Warranty Period:

NET AMT

2005AB

FFP

SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

2005AC

FFP

DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

2005AD

FFP

INSTALLATION,

Within Continental United States (CONUS)

NET AMT

2005AE

FFP

DE-INSTALLATION (Remove and Dispose), Outside Continental United States (OCONUS)

NET AMT

2005AF

FFP

INSTALLATION,

Outside Continental United States (OCONUS)

NET AMT

Each

FFP

NET AMT

2006AA

FFP

Option Year 2: July 1, 2013 through June 30, 2014..

Model Number:

Warranty Period:

NET AMT

2006AB

FFP

SHIPPING CHARGES - Do not price.

In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for a specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.

NET AMT

2006AC

FFP

DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

2006AD

FFP

INSTALLATION,

Within Continental United States (CONUS)

NET AMT

2006AE

FFP

DE-INSTALLATION (Remove and Dispose), Within Continental United States (CONUS)

NET AMT

2006AF

FFP

INSTALLATION,

Within Continental United States (CONUS)

NET AMT

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.

52.209-7 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)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters ALTERNATE I (JAN 2011)

(a)(1) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2010) ALTERNATE I (APR 2002)

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 (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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 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).

“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.