HE1260-12-R-0009 Released_Aug_29.pdf

DODEA-PACIFIC - PROCUREMENT DIVISION

MR. EDDIE TAVARES

UNIT 35007

APO AP 96376-5007

644-5872

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

HE1260-12-R-0009 29-Aug-2012

b. TELEPHONE NUMBER

011 81 611 744 5872

8. OFFER DUE DATE/LOCAL TIME

07:30 AM 01 Oct 2012

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 HE6002 16. ADMINISTERED BY

DODDS KOREA DISTRICT OFFICE

DONALD BROWN

YONGSAN SOUTH POST GATE 1 BLDG 3706

ITAEWON-DONG YONGSAN GU

SEOUL 140 011

TEL: 738-6024 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

EDDIE J. TAVARES

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

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

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:

2 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

X

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 A - Solicitation/Contract Form

SECTION 1

SF 1449 ADDENDUM

A. INFORMATION TO OFFERORS. All offerors shall provide in their solicitation all information requested in the Addendum to FAR 52.212-1 of the Request for Proposal (RFP)/solicitation.

B. Contract Type: The Government intends to award a Firm Fixed Price Requirements Contract.

C. Points of Contact:

Contract Specialist: Georgette Hendricksen DoDEA Pacific Director’s Office Attn: Procurement Division Unit 35007

APO AP 96376-5007

Telephone: +81-6117-445873 Georgette.hendricksen@pac.dodea.edu E-Mail: DPPD@PAC.DODEA.EDU

Contracting Officer:

(Contact First) Eddie Tavares DoDEA Pacific Director’s Office Attn: Procurement Division Unit 35007

APO AP 96376-5007

Eddie.Tavares@pac.dodea.edu

Telephone: +81-6117-445876

D. Invoice Instructions: *To be provided at time of award

E. Formal Communication:

a. Formal communication such as requests for clarifications and/or information concerning this solicitation should be submitted via email to the Contract Officer, Eddie Tavares at Eddie.Tavares@pac.dodea.edu

b. No information concerning this solicitation or requests for clarification will be provide in response to telephone calls from prospective Offerors. Inquiries will be answered and provided to all Offerors via amendment to this solicitation. Response to inquiries will not be considered if received more than fifteen (15) calendar days after the release (issue date) of this solicitation.

F. 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.

G. Proposed Period of Performance:

Base Year: 01 January 2013 – 31 December 2013

Option Yr I: 01 January 2014– 31 December 2014

Option Yr II: 01 January 2015 – 31 December 2015

Option Yr III: 01 January 2016 – 31 December 2016

Option Yr IV: 01 January 2017 – 31 December 2017

H. Contracting Officer’s Representative (COR): To be provided upon award

I. Contractor’s Project Manager: To be provided upon award.

J. Question and Answer period

Offerors shall be permitted to submit questions or inquiries during the first 15 days of the solicitation. Answers to all questions or inquiries shall be responded to via an amendment to the solicitation by the 21st day of its posting. Offerors are asked to ensure all questions and inquiries are sent to the Government within the first 15 days of the solicitation posting as there shall not be more than one question and answer amendment.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

Transportation Support - Cp Humphreys

FFP

FOB: Destination

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AA 5,000 OD

Drivers Only - Cp Humphreys

FFP

Contracted School Bus Services at Cp Humphreys, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all personnel, and supervision as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus/driver for one operational day. The unit price is per bus, per operational day.

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AB 5,000 OD

Buses Only - Camp Humphreys

FFP

Contracted School Bus Services at Camp Humphreys. The contractor shall provide scheduled commuting services, dispatcher services and all vehicles and equipment as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus for one operational day. The unit price is per bus, per operational day.

UNIT UNIT PRICE ESTIMATED AMOUNT

Transportation Support Area 1/Cp Casey

UNIT UNIT PRICE ESTIMATED AMOUNT

0002AA 3,200 OD

Buses and Drivers - Area I/Cp Casey

FFP

Contracted School Bus Services at Area I, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all personnel, supervision, vehicles and equipment as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus for one operational day. The unit price is per bus, per operational day.

UNIT UNIT PRICE ESTIMATED AMOUNT

Unscheduled Transportation Svcs

UNIT UNIT PRICE ESTIMATED AMOUNT

0003AA 2,000 Hours Unscheduled Services Humphreys Drivers

FFP

Drivers only Unscheduled Transportation Services for Camp Humphreys as described and in accordance with the Statement of Work (SOW) at Technical Exhibit 2.

UNIT UNIT PRICE ESTIMATED AMOUNT

0003AB 200 Hours Unscheduled Svcs for Area I Camp Casey

FFP

Unscheduled Transportation Services buses and drivers for Area I Camp Casey as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

0003AC 2,000 Hours Unscheduled Service Humpherys

FFP

Buses only Unscheduled Transportation Services for Camp Humphreys as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Transportation Support - Cp Humphreys

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AA 5,000 OD

OPTION Drivers Only- Cp Humphreys

FFP

Contracted School Bus Services at Cp Humphreys, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all personnel and supervision as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AB 5,000 OD

OPTION Buses Only - Cp Humphreys

FFP

Contracted School Bus Services at Cp Humphreys, Korea. The contractor shall provide scheduled commuting services, dispatcher services, vehicles and equipment as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Transportation Support - Area I/Cp Casey

UNIT UNIT PRICE ESTIMATED AMOUNT

1002AA 3,200 OD

OPTION Buses and Drivers - Area I/Cp Casey

FFP

Contracted School Bus Services at Area I, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all personnel, supervision, vehicles and equipment as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus for one operational day. The unit price is per bus, per

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Unscheduled Transportation Svcs

UNIT UNIT PRICE ESTIMATED AMOUNT

1003AA 2,000 Hours OPTION Unscheduled Services Humphreys Drivers

FFP

Drivers only Unscheduled Transportation Services for Camp Humphreys as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

1003AB 200 Hours OPTION Unscheduled Services for Area 1 Cp Casey

FFP

Unscheduled Transportation Services buses and drivers for Area I Camp Casey as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

1003AC 2,000 Hours OPTION Unscheduled Services Humphreys buses

FFP

Buses only Unscheduled Transportation Services for Camp Humphreys as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Transportation Support - Cp Humphreys

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AA 5,000 OD

OPTION Drivers Only - Cp Humphreys

FFP

Contracted School Bus Services at Cp Humphreys, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all personnel and supervision as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AB 5,000 OD

OPTION Buses Only - Cp Humphreys

FFP

Contracted School Bus Services at Cp Humphreys, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all vehicles and equipment as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Transportation Support - Area I/Cp Casey

UNIT UNIT PRICE ESTIMATED AMOUNT

2002AA 3,200 OD

OPTION Buses and Drivers - Area I/Cp Casey

FFP

Contracted School Bus Services at Area I, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all personnel, supervision, vehicles and equipment as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus for one operational day. The unit price is per bus, per

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Unscheduled Transportation Svcs

UNIT UNIT PRICE ESTIMATED AMOUNT

2003AA 2,000 Hours OPTION Unscheduled Services Humphreys Drivers

FFP

Drivers only Unscheduled Transportation Services for Camp Humphreys as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

2003AB 200 Hours OPTION Unscheduled Svcs for Area I Camp Casey

FFP

Unscheduled Transportation Services buses and drives for Area I Camp Casey as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

2003AC 2,000 Hours OPTION Unscheduled Services Humphreys Buses

FFP

Buses only Unscheduled Transportation Services for Camp Humphreys as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Transportation Support - Cp Humphreys

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AA 5,000 OD

OPTION Drivers Only - Cp Humphreys

FFP

Contracted School Bus Services at Cp Humphreys, Korea. The contractor shall provided scheduled commuting services, dispatcher services and all perosnnel, and supervision as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AB 5,000 OD

OPTION Buses Only - Cp Humphreys

FFP

Contracted School Bus Services at Cp Humphreys, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all vehicles and equipment as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Transportation Support - Area I/Cp Casey

UNIT UNIT PRICE ESTIMATED AMOUNT

3002AA 3,200 OD

OPTION Buses and Drivers - Area I/Cp Casey

FFP

Contracted School Bus Services at Area 1, Camp Casey, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all personnel, supervision, vehicles and equipment as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus for one operational day. The unit price is per bus, per operational day.

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Unscheduled Transportation Svcs

UNIT UNIT PRICE ESTIMATED AMOUNT

3003AA 2,000 Hours OPTION Unscheduled Services Humphreys Drives

FFP

Drivers only Unscheduled Transportation Services for Camp Humphreys as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

3003AB 200 Hours OPTION Unscheduled Svcs for Area I Camp Casey

FFP

Unscheduled Transportation Services buses and drives for Area I Camp Casey as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

3003AC 2,000 Hours OPTION Unscheduled Services Humphreys Buses

FFP

Buses only Unscheduled Transportation Services for Camp Humphreys as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Transportation Support - Cp Humphreys

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AA 5,000 OD

OPTION Drivers Only - Cp Humphreys

FFP

Contracted School Bus Services at Cp Humphreys, Korea. The contractor shall provided scheduled commuting services, dispatcher services and all perosnnel, and supervision as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AB 5,000 OD

OPTION Buses Only - Cp Humphreys

FFP

Contracted School Bus Services at Cp Humphreys, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all vehicles and equipment as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Transportation Support - Area I/Cp Casey

UNIT UNIT PRICE ESTIMATED AMOUNT

4002AA 3,200 OD

OPTION Buses and Drivers - Area I/Cp Casey

FFP

Contracted School Bus Services at Area 1, Camp Casey, Korea. The contractor shall provide scheduled commuting services, dispatcher services and all personnel, supervision, vehicles and equipment as described and in accordance with the Statement of Work (SOW) to safely transport students residing in the established commuting zone. Note: The estimated quantity is based on 203 Operational Days (OD) in a school year / 1 bus for one operational day. The unit price is per bus, per operational day.

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Unscheduled Transportation Svcs

UNIT UNIT PRICE ESTIMATED AMOUNT

4003AA 2,000 Hours OPTION Unscheduled Services Humphreys Drivers

FFP

Drives only Unscheduled Transportation Services for Camp Humphreys as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

4003AB 200 Hours OPTION Unscheduled Svcs for Area I Camp Casey

FFP

Unscheduled Transportation Services buses and drivers for Area I Camp Casey as described and in accordance with the Statement of Work (SOW) at Technical

UNIT UNIT PRICE ESTIMATED AMOUNT

4003AC 2,000 Hours OPTION Unscheduled services Humphreys buses

FFP

Buses only only Unscheduled Transportation Services for Camp Humphreys as described and in accordance with the Statement of Work (SOW) at Technical

NOTE TO OFFERORS

All the quantities listed on this SCHEDULE are ESTIMATES only. These estimates are based on historical data available to the Government. The contractor is cautioned that although such estimates may be used as a guideline highlighting past requirements, these estimates should not be construed as a guarantee of future orders by the Department of Defense Education Activity-Pacific, Korea District.

For the base year the Government estimates ordering the following quantities:

CLIN 0001AA (Camp Humphreys Divers Only) = 5000 Operation Days CLIN 0002AA (Buses and Drives Area 1/Casey) = 3200 Operation Days CLIN 0003AA (Unscheduled services Humphreys Drivers only) = 2000 hours CLIN 0003AB (Unscheduled services Area 1/Casey Drivers and buses) = 200 hours

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2010

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.232-36 Payment by Third Party FEB 2010 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items

MAR 2012

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7023 Transportation of Supplies by Sea MAY 2002

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

(End of clause)

52.203-7 ANTI-KICKBACK PROCEDURES. (OCT 2010)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from -

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.

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

(a) 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.

(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.

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT

(SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of 1,000.00 per calendar day of delay .

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

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 shall be used to evaluate offers:

FACTOR 1 - Technical – consisting of two sub-factors. Sub-factor one (1) – Technical Capabilities: a. Element

– Narrative Approach; b. Element Quality Control Plan and Sub-factor two (2) – Prior Experience: a. Element – Experience with similar requirments; b. Element – Experience with foreign labor laws applicable to the areas of performance under the SOW.

FACTOR 2 – Past Performance

FACTOR 3 – Price

The Technical Factor is more important than Past Performance. All evaluation factors other than cost or price, when combined, are significantly more important than price. To receive consideration for award, an offeror must obtain a rating no lower than of “Acceptable” for Technical.

(b) 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).

(c) 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.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JUN 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2011)

(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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111- 5).

X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

____ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

____ (8) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (10) [Reserved]

____ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (12)(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.

____ (13) 52.219-8,…