09-R-1000.pdf

DODDS-P/DDESS-G - PROCUREMENT DIVISION

MS. MIYOKO HOKAMA, UNIT 35007

APO AP 96376-5007

644-5877 DSN

+81-98-957-4535

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HE1260-09-R-1000 02-Jun-2009

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

04:00 PM 02 Jul 2009

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HE1260

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

532112

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HE126083525000

ARE NOT ATTACHED

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

TEL: EMAIL:

0 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 12 Months Base Year - Bus Lease (Okinawa)

FFP

Period of Performance: 1 Oct 2009 through 30 Sep 2010 Lease of sixty-two (62) 53-passenger intra-city type buses for Okinawa, Japan IAW the PWS.

FOB: Destination

PURCHASE REQUEST NUMBER: HE126083525000

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 12 Months Base-Year Bus Maintenance (Okinawa)

FFP

Period of Performance: 1 Oct 2009 through 30 Sep 2010 Maintenance of sixty-two (62) 53-passenger intra-city type buses for Okinawa, Japan IAW the PWS.

FOB: Destination

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0003 12 Months Base-Year Bus Lease (Sasebo)

FFP

Period of Performance: 1 Oct 2009 through 30 Sep 2010 Lease of six (6) 53-passenger intra-city type buses for Sasebo, Japan IAW the

PWS.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0004 12 Months Base-Year Bus Maintenance (Sasebo)

FFP

Period of Performance: 1 Oct 2009 through 30 Sep 2010 Maintenance of six (6) 53-passenger intra-city type buses for Sasebo, Japan IAW the PWS.

FOB: Destination

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED

Repair

COST

Base Year: Period of Performance: 1 Oct 2009 through 30 Sep 2010 Vehicle repairs in accordance with paragraph 3.6 of the attached Performance Work Statement (PWS). This Not-To-Exceed CLIN shall only be used for repairs which have been approved by the Contracting Officer.

NOTE: The estimated Not-To-Exceed amount FOB: Destination

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0006 1 Lot Start-up (Non-recurring) Cost

FFP

The contractor may provide buses up to 6 buses for school bus driver training purposes 4 to 6 weeks prior to the start up of school in accordance with PWS 3.8 FOB: Destination

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1001 12 Months OPTION Option One - Bus Lease (Okinawa)

FFP

Period of Performance: 1 Oct 2010 through 30 Sep 2011 Lease of sixty-two (62) 53-passenger intra-city type buses for Okinawa, Japan IAW the PWS.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

1002 12 Months OPTION Option One Maintenance (Okinawa)

FFP

Period of Performance: 1 Oct 2010 through 30 Sep 2011 Maintenance of sixty-two (62) 53-passenger intra-city type buses for Okinawa, Japan IAW the PWS.

FOB: Destination

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1003 12 Months OPTION Option One Bus Lease (Sasebo)

FFP

Period of Performance: 1 Oct 2010 through 30 Sep 2011 Lease of six (6) 53-passenger intra-city type buses for Sasebo, Japan IAW the

PWS.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

1004 12 Months OPTION Option One Bus Maintenance (Sasebo)

FFP

Period of Performance: 1 Oct 2010 through 30 Sep 2011 Maintenance of six (6) 53-passenger intra-city type buses for Sasebo, Japan IAW the PWS.

FOB: Destination

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1005 UNDEFINED

OPTION Repair

COST

Option Year One: Period of Performance: 1 Oct 2010 through 30 Sep 2011 Vehicle repairs in accordance with paragraph 3.6 of the attached Performance

Work Statement (PWS). This Not-To-Exceed CLIN shall only be used for repairs which have been approved by the Contracting Officer.

NOTE: The estimated Not-To-Exceed amount

UNIT UNIT PRICE MAX AMOUNT

2001 12 Months OPTION Option Two - Bus Lease (Okinawa)

FFP

Period of Performance: 1 Oct 2011 through 30 Sep 2012 Lease of sixty-two (62) 53-passenger intra-city type buses for Okinawa, Japan IAW the PWS.

FOB: Destination

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

2002 12 Months OPTION Option Two Maintenance (Okinawa)

FFP

Period of Performance: 1 Oct 2011 through 30 Sep 2012 Maintenance of sixty-two (62) 53-passenger intra-city type buses for Okinawa, Japan IAW the PWS.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 12 Months OPTION Option Two Bus Lease (Sasebo)

FFP

Period of Performance: 1 Oct 2011 through 30 Sep 2012 Lease of six (6) 53-passenger intra-city type buses for Sasebo, Japan IAW the

PWS.

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

2004 12 Months OPTION Option Two Bus Maintenance (Sasebo)

FFP

Period of Performance: 1 Oct 2011 through 30 Sep 2012 Maintenance of six (6) 53-passenger intra-city type buses for Sasebo, Japan IAW the PWS.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

2005 UNDEFINED

OPTION Repair

COST

Option Year Two Period of Performance: 1 Oct 2011 through 30 Sep 2012 Vehicle repairs in accordance with paragraph 3.6 of the attached Performance

Work Statement (PWS). This Not-To-Exceed CLIN shall only be used for repairs which have been approved by the Contracting Officer.

NOTE: The estimated Not-To-Exceed amount

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

3001 12 Months OPTION Option Three - Bus Lease (Okinawa)

FFP

Period of Performance: 1 Oct 2012 through 30 Sep 2013 Lease of sixty-two (62) 53-passenger intra-city type buses for Okinawa, Japan IAW the PWS.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

3002 12 Months OPTION Option Three Maintenance (Okinawa)

FFP

Period of Performance: 1 Oct 2012 through 30 Sep 2013 Maintenance of sixty-two (62) 53-passenger intra-city type buses for Okinawa, Japan IAW the PWS.

FOB: Destination

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

3003 12 Months OPTION Option Three Bus Lease (Sasebo)

FFP

Period of Performance: 1 Oct 2012 through 30 Sep 2013 Lease of six (6) 53-passenger intra-city type buses for Sasebo, Japan IAW the

PWS.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

3004 12 Months OPTION Option Three Bus Maintenance (Sasebo)

FFP

Period of Performance: 1 Oct 2012 through 30 Sep 2013 Maintenance of six (6) 53-passenger intra-city type buses for Sasebo, Japan IAW the PWS.

FOB: Destination

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

3005 UNDEFINED

OPTION Repair

COST

Option Year Three:Period of Performance: 1 Oct 2012 through 30 Sep 2013 Vehicle repairs in accordance with paragraph 3.6 of the attached Performance

Work Statement (PWS). This Not-To-Exceed CLIN shall only be used for repairs which have been approved by the Contracting Officer.

NOTE: The estimated Not-To-Exceed amount

UNIT UNIT PRICE MAX AMOUNT

4001 12 Months OPTION Option Four - Bus Lease (Okinawa)

FFP

Period of Performance: 1 Oct 2013 through 30 Sep 2014 Lease of sixty-two (62) 53-passenger intra-city type buses for Okinawa, Japan IAW the PWS.

FOB: Destination

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

4002 12 Months OPTION Option Four Maintenance (Okinawa)

FFP

Period of Performance: 1 Oct 2013 through 30 Sep 2014 Maintenance of sixty-two (62) 53-passenger intra-city type buses for Okinawa, Japan IAW the PWS.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

4003 12 Months OPTION Option Four Bus Lease (Sasebo)

FFP

Period of Performance: 1 Oct 2013 through 30 Sep 2014 Lease of six (6) 53-passenger intra-city type buses for Sasebo, Japan IAW the

PWS.

FOB: Destination

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

4004 12 Months OPTION Option Four Bus Maintenance (Sasebo)

FFP

Period of Performance: 1 Oct 2013 through 30 Sep 2014 Maintenance of six (6) 53-passenger intra-city type buses for Sasebo, Japan IAW the PWS.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

4005 UNDEFINED

OPTION Repair

COST

Option Year Four: Period of Performance: 1 Oct 2013 through 30 Sep 2014 Vehicle repairs in accordance with paragraph 3.6 of the attached Performance

Work Statement (PWS). This Not-To-Exceed CLIN shall only be used for repairs which have been approved by the Contracting Officer.

NOTE: The estimated Not-To-Exceed amount

MINIMUM AND MAXIMUM QUANTITIES

As referred to in paragraph (b) of FAR 52.216-22 – Indefinite Quantity, the contract minimum is $ 600,000; the maximum quantity, including all options is $3,000,000.00.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

SCHOOL BUSES

FOR

OKINAWA AND SASEBO, JAPAN

December 2008

1.0 SCOPE

1.1. Overview: The Department of Defense Dependents School Pacific is leasing sixty-eight (68) school buses for use in Japan. Each bus shall be able to transport fifty-three (53) adult passengers on bench type seating. Sixty-two (62) buses shall be staged and operated on Okinawa, Japan. Six (6) buses shall be staged and operated in Sasebo, Japan. The contractor shall provide buses, full service maintenance (preventive and corrective), towing service, and all auxiliary equipment.

1.2. Intended Use: The vehicles covered by this specification are intended for general administrative use by the U.S. Government for transporting American school age children (pre-kindergarten to high school) on military posts and the local economy throughout Japan at low to moderate speeds with stop and go driving. Also, must be capable of operation on expressways and highways for short to medium distance trips. The vehicles furnished hereunder shall be delivered for immediate use. Buses and furnished accessories shall comply with all Japanese Motor vehicle safety standards for the Road Transportation Vehicle Law and all other Japanese motor vehicle safety standards in effect on the date of manufacture for vehicles whose main purpose is to transport school age children.

2.0 APPLICABLE DOCUMENTS

None

3.0 GENERAL REQUIREMENTS

3.1. School Buses. The contractor shall provide sixty-eight (68) school buses. The age of all buses supplied by the contractor shall be no more than 11 years past the date of manufacture at time of contract award. Each bus shall be able to transport fifty-three (53) adult passengers on bench type seating. Sixty-two (62) buses shall be staged on Camp Foster and operated on Okinawa, Japan. Six (6) buses shall be staged in Sasebo Naval Base and operated in Japan.

3.2. Contractor's Responsibility: The Contractor's work and responsibility shall include, but not limited to, planning, programming, administration, and management necessary to provide sixty-eight buses and required maintenance services in accordance with the contract and all applicable laws and regulations. The Contractor shall perform all related support service necessary to perform the work such as quality control, maintenance, repair, and other items and services as defined in this PWS.

3.3. Personnel, Security, and Service Contractor/Government Relationship: The relationship of the Contractor to DoDDS Pacific / DDESS Guam shall at all times be independent of the Contractor. The Contractor shall have exclusive supervisory authority and responsibility over their employees. The Government shall not exert control or supervision over the Contractor's employees.

3.4. Project Manager: The Contractor shall designate a Project Manager to act as a centralized point of contact for work being performed under this contract

3.4.1. Quality Control Manager (QCM): The Contractor shall designate a qualified QCM. The QCM shall be responsible for the overall management and implementation of internal quality and serve as the central point of contact for quality matters. The Contractor's QCM is considered by the Government to be a key person.

3.4.2. Literacy of Contractor Employees: Contractors' manager and QCM shall be literate in English to the extent of being capable to read, write, speak and understand all safety, health, security requirements, and traffic signs posted on United States facilities.

3.4.3. The contractor shall provide a 24-hour notification system for reporting bus problems.

3.5. Maintenance: The contractor shall provide all labor, materials, parts, tools and equipment necessary to perform all maintenance required to ensure continued operability of all leased buses in accordance with the PWS requirements.

3.5.1. Scheduled Maintenance. Scheduled maintenance are those services performed on a periodic basis such as oil and filter changes, tire rotation, tune-ups, replacement of hoses and belts, etc, in accordance with industry standards. All scheduled maintenance shall be completed within 3 working days of taking possession of the vehicle.

3.5.1.1 Buses will be inspected for corrosion during scheduled maintenance cycled and any defects noted will be rectified by the contractor at no charge to the government.

3.5.1.2. The contractor shall coordinate the pick-up of buses with the COR prior to removing the vehicles from the Government’s possession for all maintenance services. All buses shall be returned to the Government assigned facility within 3 working days from pick-up. The contractor will be required to sign a hand receipt for all buses that are turned over to the company.

3.5.1.3. Maintenance Records. Maintenance Records shall be available on all leased buses and shall be made available to the Government, if requested, within 1 working day after request.

3.5.1.4. Maintenance Plan. The contractor shall provide an initial Scheduled Maintenance Plan to the COR for approval within 10 working days from contract award. The COR will have 5 working days to review the plan to make sure the Plan does not interfere with the Annual School Schedule in Technical Exhibit 2. Once the Plan has been approved the contractor shall provide the Final Plan to the COR and Contracting Officer within 5 working days. The Maintenance Plan shall include, as a minimum, the date, time, and serial number of each bus scheduled for pick-up and delivery.

3.5.1.5. The Government shall provide an updated Annual School Schedule (Technical Exhibit

2) not later than 1 July of each year to enable the contractor to update their Scheduled Maintenance Plan. The updated Plan shall be provided to the COR for review and approval by 15 July each year.

3.5.1.6 Maintenance Logs. The contractor shall provide a maintenance log to the COR within 5 working days after the end of each quarter. The log will include details of all scheduled and unscheduled maintenance performed during the previous quarter, to include vehicle numbers, details of maintenance performed and number of days vehicle was out of service.

3.5.2. Unscheduled Maintenance. Unscheduled maintenance are those services required to bring the vehicle back within safety standards, such as replacing broken or burned out headlights, correcting seat-belt malfunctions, replacing non-operational temperature gauges, etc.

Unscheduled maintenance will be requested by the Contracting Officer Representative (COR) as required. The contractor shall be required to immediately correct safety deficiencies that impact the buses or safety factors that prevent the buses from functioning properly. Deficiencies that impair safety of operations shall be corrected before returning the buses to an operational status.

If the contractor believes the Government is liable for such safety deficiencies, the contractor may request for equitable adjustment in accordance with DFARS 252.243-7002.

3.6. Repairs. Repairs are defined as any work to be performed on a bus that is not considered scheduled or unscheduled maintenance, due to acts of vandalism, damages resulting from accidents, willful neglect and acts of God.

3.6.1 Upon notification by the COR of necessary repairs, the contractor shall provide a written cost estimate that includes all parts and labor required to return the bus to a safe and operable condition. The cost estimate shall include the number of days necessary to complete the repair.

The COR will make a preliminary determination that the estimate is fair and reasonable and forward to the contracting officer for final approval and issuance of a delivery order. The contractor will not exceed the estimated costs without first obtaining written authorization/approval from the contracting officer.

3.7 Towing. The contractor shall be responsible for providing 24-hour towing service for vehicle breakdowns. The contractor shall respond within 6 hours from notification. Vehicles will be towed to the contractor’s repair facility and maintenance or repairs be completed in accordance with the requirements of this PWS. The contractor shall provide the COR a 24-hour/365 day point of contact to request these services.

3.8 Training. The contractor may be required to provide up to 6 buses for school bus driver training purposes 4 to 6 weeks prior to the start up of school (school begins on 31 Aug 09).

4.0 GOVERNMENT-FURNISHED PROPERTY

4.1 The following Government-Furnished Property (GFP) shall be furnished under this contract:

Item Model No. Qty Acquisition Cost

Digital Video Camera Sony ONDV-416ND 272 $1,345/ea.

Digital Video Recorder w/ Special Container Frames

Video-technologie MDVR-400 76 $278/ea.

4.2 Installation of GFP.

4.2 1 Video Monitoring System. The Government has a requirement to install Video Monitoring Systems by the contractor within 30 days after contract award. The Government will be responsible for calibrating and maintaining the system once installed. The Video Monitoring System shall be installed as follows:

4.2.1.1 53-Passenger Buses. Installation of four cameras, two in the front, one in the middle and one in the rear. DVR installed at the front of each vehicle in the ceiling space between the driver and the first passenger seat.

4.2.2 Upon completion of the contract the contractor shall be responsible for removing all GFP and returning to the Government.

4.2.3 The Government throughout the life of this contract may require additional government-furnished safety and/or security equipment be installed on the buses. All additions or deletions of government-furnished equipment/property will be coordinated between the contractor and the Government. All changes shall be incorporated into the contract by modification.

5.0 DELIVERABLES

Document Submit To Due

Applicable

PWS

Section

Draft Maintenance Plan

COR 10 working days after contract award

3.5.1.5

Final Maintenance Plan

COR and Contractin g Officer

5 working days after COR approval of draft

3.5.1.5

Quarterly Maintenance Log

COR and Contractin g Officer

5 working days after end of each quarter

3.5.1.6

Annual Maintenance Plan Update

COR and Contractin g Officer

15 July of each year 3.5.1.5.1

Maintenance Records

COR 1 working day from request 3.5.1.4

6.0 PERFORMANCE STANDARD

6.1. Performance Standards. The contractor shall maintain all buses in accordance with standard commercial practices. All buses must be operational 98% of the time. The percentage does not include buses that are in the repair shop for maintenance as required by paragraph 3.3 of this

PWS.

6.2 Government Surveillance. The Government will monitor the contractor’s performance in accordance with the performance standards set forth in the PWS. Surveillance methods shall be the use of weekly bus spot checks, inspection of the contractor’s quarterly maintenance logs to ensure the buses are being maintained to comply with all safety and vehicle codes regulations.

6.3 Remedies. The Government reserves the right to negotiate consideration for performance that falls below the 98% performance level. Consideration will be based on the extent of damages (costs for extra bus rental, time, etc.) caused by the contractor’s performance falling below the standard. The Government also reserves the right to request the contractor replace any bus which is continually in repair status and was not available for use on scheduled transportation bus runs at least 20% of the time during any four-week period.

Technical Exhibit 1

Vehicle Specifications

A. Specifications

1. Paint: All 53 passenger vehicles identified for use at Sasebo and Okinawa, Japan shall be painted a solid medium yellow school bus color.

2. Rust Proofing: Each vehicle shall have an undercoating applied that is sufficient to prevent corrosion at a time of award.

3. Exhaust Emission and Noise Level. Vehicle shall comply with all Japanese domestic safety exhaust emission/air pollution control and noise level control requirements.

4. Turn Signal and Emergency Warning Lamps. Vehicle shall be equipped with four flashing amber signal lamps mounted on the front and rear of vehicle.

5. Tachograph: Industry standard shall be installed.

6. Fuel Tank: The largest capacity fuel tank available for a 53-passenger bus. Minimum of 400 liters.

7. Emergency Exit. Emergency exits shall be provided and identified in English. A warning buzzer shall sound when the emergency exit is open.

8. Windows: Windows shall be tinted for the purpose of shielding passengers from direct sunlight. Provide sample of available window tints. The DoDDS Pacific / DDESS Guam Transportation Branch shall make the final decision after the award, and the contractor shall provide this tinting on all windows as required.

9. Windows should open vertically. If this is not possible to arrange, windows that open horizontally shall require stoppers that allow windows to open only 6 inches (excluding the window at the driver’s seat)

10. Radio: AM/FM/CD/Cassette player with microphone socket available.

11. Transmission: The manufacture’s standard manual transmission shall be furnished. The transmission shall provide one reverse and not less than five forward speeds with power assist shift capabilities. In addition, forward gear ratios shall be compatible for operating long distances over the highway and expressway.

12. Engine: Diesel engine shall be mounted at the rear of the vehicle. An exhaust brake will be installed.

13. Tires: Manufacturer’s standard all weather tire conforming to the bus size. Tires shall be replaced when the trend depth at any place on the tire measures less than 1/8 inches (.32 cm), or when the tire has tears, fabric breaks, or bulges. Tires must be properly balanced. (Recapped tires are permissible only on the rear wheels of school buses.)

14. Accessories: As a minimum, each bus shall be equipped with the following accessories:

English instrumentation, interior lighting, driver’s sun visor, interior rear view mirrors (minimum 11” long x 5” wide), front and rear bumpers, spare tire (for each type of tire) and wheel/rim (for each type of wheel/rim), tire wrench, inspection hammer, jack and tool kit, highway warning kit, mounted 5 lb. multi-purpose dry chemical fire extinguishers and clock.

15. Seat Belts. All buses shall be equipped with seat belts for all seats (including the seat located at the emergency exit). They must be capable of tightly securing child-restraining devices so that the device does not shift while the vehicle is conducting normal operations, during accidents, and during evasive driving maneuvers. All seat belts must comply with Japanese laws for properly securing passengers and child-restraining devices. The driver’s seat belt shall be the 3 point Emergency Locking Retractor type.

15. Passenger Service Door/Entrance Way: Service door must be air/power operated by the driver. The door must be designed not to remain closed in the event a person is trapped by the door during closing. The hand rail to exit and enter the bus must be positioned and angled to allow for small children to maintain a grip on the rail at all times when entering and exiting the bus. The steps leading up the bus must be covered with a non-skid surface.

16. Brakes. Manufacturer’s standard air brakes (with automatic water bleeding system) shall be furnished.

17. Steering. Manufacturer’s standard power steering shall be furnished with controls on the right side of the vehicle.

18. Controls and operating mechanisms: All controls, operating mechanisms and doors shall be located for right hand drive. Controls shall be complete and conveniently operable by the driver when in a seated position. Lever controls shall be designed and located to permit easy entrance and exit of the operator to and from the driver’s seat. Instruments shall be panel mounted and shall be clearly visible to the driver when seated in the normal driving position. Instruments and controls shall be identified (English and Japanese) as to their function and installed in a manner to facilitate removal and servicing.

19. Body. The body shall have sides of the full-skirted type, shall present a generally symmetrical appearance, shall effectively exclude engine fumes and exhaust gases from the bus interior, and shall provide safe and comfortable transportation for passengers and driver.

20. Passenger Seating: Seats shall be bench type capable of seating two adults or three small children. Distance between the front edge of the seat and the seatback immediately in front shall be a minimum of 10” to allow for ample legroom. The width of the aisle shall be a minimum of 21”. The back of the seatback and top of the seat shall be padded with no handles. In the event of sudden stops, padded protection must be provided for passengers seated in the first row of bench seats. Rows of seats should not be elevated in comparison to each other and maintain one constant height on the same plane. No jump seats shall be installed. The seats must conform to all Japanese safety standards for vehicles whose main purpose is to transport school age children.

No armrests shall be installed. No hooks shall be mounted to the seats. No ashtrays shall be installed on the seats or anywhere in the vehicle.

21. Heater/Defroster/Air Conditioner. Must be of adequate size to provide a comfortable temperature within all areas of the bus while traveling throughout Okinawa, Japan and mainland Japan.

22. Headlight. Manufacturer’s standard.

23. Suspension: Manufacture’s standard air suspension shall be provided.

24. Destination Sign Compartment. All buses will be equipped with an illuminated destination sign compartment to be installed at the front center of the roof above the windshield. The compartment shall be capable of holding 15 separate destinations with 6-inch (152 mm) high letters, and be operable from the interior of the bus. Upon contract award, the Government shall provide the required destination lists to the contractor for installation prior to start of performance.

25. Exterior School Sign Holders and Plates: Each vehicle shall be furnished with two exterior sign holders and signs to indicate the vehicles are a school bus. The signs shall be bilingual (English and Japanese). The lettering, shape, and color of the signs shall be in compliance with Japanese laws for signage on school buses. The first sign holder shall be placed at the front center below the windshield. The second sign holder shall be placed at the rear left side below the window. All sign plates shall be inserted from the top of the holders.

Holder Size:

Vertical Horizontal

Front 16” X 23” Rear 21” X 29”

26. Each bus shall be provided with four magnetic school bus signs. The size, shape, color and letters of the sign shall comply with Japanese laws for signage on school buses.

27. Voltage converter: 12 Volts, 30 Amp

28. License Plate. Two white license plates per vehicle shall be stamped with “DoDDS” plus the last 5 digits of the engine number underneath. Each sign will have the words; “Official Use Only” at the bottom of the plate.

29. Warranty: Manufacturer’s standard warranty.

30. Passenger Buzzer Signal: All buses equipped with a passenger buzzer must have the buzzer disabled.

31. Interior Warning Signs: The following framed warning signs (7 inch x 10 inch or 17cm x 25

cm) of sheet metal or other material with a frame shall be prominently posted in the interior of the bus. Warning signs shall read as follows:

a. Sign #1

WARNING

ALL PASSENGERS WILL REMAIN

SEATED AND QUIET AT ALL TIMES

b. Sign #2

WARNING

ALL PASSENGERS ARE RESPONSIBLE

FOR CARE AND COLLECTION OF PERSONAL BELONGINGS

c. Sign #3

WARNING

NO SMOKING/EATING/DRINKING

School Bus Sign: All buses used for school bus services will be marked with a sign on front and back exterior of the bus with the following words:

SCHOOL BUS

(Japanese Translation)

Retractable Exterior Stop Sign: Shall be affixed to the right side of the driver’s position.

32. The contractor will be required to install First Aid/Body Fluid Kits in all buses. The government will provide the First Aid/Body Fluid Kits.

33. Operator Manual. Each bus shall have an Operators Manual in English and in Japanese.

B. Vehicle Dimensions

HE1260-09-R-1000

53-Passenger School Bus:

a. Overall Length 11,400mm + 3%

b. Overall Width 2,490 + 3%

c. Overall Height 3,150 + 3%

d. Wheel Base 5,000 Minimum

e. Body Inside Length 10,000 Minimum

f. Body Inside Width 2,300 Minimum

g. Body Inside Height 2,000 Minimum

Technical Exhibit 2

DoDDS Pacific 2009-2010 School Year Calendar

Wednesday, August 26 Reporting date for non-administrative educator personnel for orientation and classroom preparation

First Semester - (92 Instructional Days)

Monday, August 31 Begin First Quarter and First Semester

Monday, September 7 Labor Day - Federal Holiday

Monday, October 12 Columbus Day - Federal Holiday

Thursday, November 5 End of First Quarter (47 days of classroom instruction)

Friday, November 6 No school for students - teacher work day

Monday November 9 Begin second quarter

Wednesday, November

Veterans Day - Federal Holiday

Thursday, November 26 Thanksgiving - Federal Holiday

Friday, November 27 Friday - Recess Day

Monday, December 21 Begin Winter Recess

Friday, December 25 Christmas - Federal Holiday

Friday, January 1 New Year's Day - Federal Holiday

Monday, January 4 Instruction Resumes

Monday, January 18 Martin Luther King, Jr. Day - Federal Holiday

Thursday, January 28 End of Second Quarter and First Semester (45 days of classroom instruction)

Friday, January 29 No school for students - teacher work day

Second Semester - (91 Instructional Days)

Monday, February 1 Begin Third Quarter and Second Semester

Monday, February 15 Presidents' Day - Federal Holiday

Thursday, April 8 End of Third Quarter (48 days of classroom instruction)

Friday, April 9 No school for students - teacher work day

Monday, April 12 Begin Spring Recess

Monday, April 19 Instruction Resumes - Begin Fourth Quarter

Monday, May 31 Memorial Day - Federal Holiday

Thursday, June 17 No school for students - teacher work day

Friday, June 18 End of Fourth Quarter and Second Semester (43 Days of classroom instruction) Last day for non-administrative educator personnel

School Year 2009-2010: Instructional Days - 183 Teacher Work Days - 190

Section G - Contract Administration Data

ADDENDUM TO SF1449

A. ISSUANCE OF DELIVERY ORDERS

Delivery Orders will be issued by the contracting officer in Block 9. Reference FAR 52.216-18-Ordering.

B. INVOICING

1. Invoices shall be submitted electronically each month to the COR with an itemized total cost of all the services provided during the month. The contractor shall list on his invoice the contract line item numbers, description of services, quantity, unit of issue, unit price, total amount and ACRN.

The COR will certify receipt of services on the invoice and forward to DFAS-Jpan for payment.

2. Payment shall be based on receipt of a proper invoice and satisfactory contract performance as indicated on the certified invoice. Failure to provide a proper invoice will result in return of the invoice for correction, and a delay in payment.

C. TAX EXEMPTION STATUS

The United States Department of Defense Education Activity (DoDEA), including the Department of Defense Dependents Schools Pacific (DoDDS-P) and Domestic Dependent Elementary and Secondary Schools Guam (DDESS-Guam), and the schools, facilities and offices comprising DoDDS-P/DDESS Guam, are activities of the United States Federal Government. As such, DoDDS-P/DDESS Guam, like all other US federal government agencies and organizations, are precluded from being taxed by reason of the Supreme Court Decision in McCullough v. Maryland, 17 USC 316 (1817). In addition, various US States have codified this immunity by appropriate statutes.

Although DoDDS Pacific and DDESS Guam are exempt from taxation, the following information is provided in case the public requires verification of DoDEA’s tax-exempt status: DoDEA Federal Tax ID is #26-2331642.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2008 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2008)

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

(2) 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) [Removed].

___ (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.

___ (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).

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

632(a)(2)).

___ (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).

___ (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).

___ (22) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

___ (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).

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

__X_(25)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).

___ (ii) Alternate I (AUG 2007) of 52.222-50.

___ (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)).

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)).

___ (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.

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

___ (30)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (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.

___ (31) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (32) 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).

___ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (35) 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)).

(36) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

X (37) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

X (38) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

___ (39) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (40) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (41)(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 (Nov 2007) (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 paragraphs (e)(1)(i) through (xi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-26, 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 (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(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 (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 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 1 Oct 2009 through 30 Sep 2010. The ordering period for the option period for the option periods of performance is from 1 Oct 2010 through 30 Sep 2014, if exercised by the Government. .

(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 one month, 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 12 months;

(2) Any order for a combination of items in excess of $1,200,000; 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 10 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.