HS002110Q0011 solicitation.pdf

1DODHS09273A001

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

. REQUEST NO. 2. DATE ISSUED RATING

HS0021-10-Q-0011 18-Dec-2009 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

SEE SCHEDULE

I it co R

MPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to ntract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this equest for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

N

OTE: Additional provisions and representations [ ] are [ ] are not attached.

3. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and

ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

A P

UTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

REVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

DEFENSE SECURITY SERVICE - DSS

CONTRACTING AND ACQUISITION

1340 BRADDOCK PLACE

ALEXANDRIA VA 22314-1651

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

07-Jan-2010(Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

(Name and Telephone no.) (No collect calls)b. FOR INFORMATION CALL: 5

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS2. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS1

HS0021-10-Q-0011

Section B - Supplies or Services and Prices

ITEM N SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Days n

P 10 Con to for 50 peop eakout room

FOB

PUR

O

Co

FF

ference/ Meeting Room 4 Days ference Training Rooms: (1) large roo s to for 75 per room m le (9) br

: Destination

CHASE REQUEST NUMBER: 1DODHS09273A001

NET AMT

ITEM N ES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 1 Days Tuesday Conference Rooms

FFP

10 Conference Training Rooms: (1) large room to for 50 people (9) breakout rooms to for 75 per room

B R : 1 001

O SUPPLI

FO

PU

CHASE REQUEST NUMBER DODHS09273A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

d

FFP

10 C om to for 50 people (9) breakout room r 75 per room

01AB

We esday Conference Rooms

Days n onference Training Rooms: (1) large ro s to fo

0001AC 1 Days Thursday Conference Rooms

FFP

10 Conference Training Rooms: (1) large room to for 50 people (9) breakout m

PURCH ODH 9273A001

roo s to for 75 per room : Destination

ASE REQUEST NUMBER: 1D S0

d

5 Co rge room to for 50 people (4) breakout rooms to for 75 per room

01AD

Fri

Conference Room

Days ay

FFP

nference Training Rooms: (1) la

0002 3 Days Light refreshment

FFP

ie.. Coffer, tea, water, etc..

PU

: Destination

CHASE REQUEST NUMBER DODHS09273A

e

FFP

Inte mputers FOB on

PUR 001

Int et Connection

Days rn rnet connections for 10 co : Destinati

CHASE REQUEST NUMBER: 1DODHS09273A

0004 4 Days Audio Visual

FFP

See SOW

PU

: Destination

HASE REQUEST NUMBERC DODH 9273AS0

0005 5 Days torage/ Preparation Room

FOB: Destination

PURCHASE REQUEST NUMBER: 1DODHS09273A001

Office/S

FFP

MT

NET A

0006 1 Each st

P See

Po

FF

Conferences

4.2

ADDITIONAL ITEMS

2010 SECURITY MANAGERS’ CONFERENCE

Equipment:

Electronic: (9) Projectors wi

Mi ophones:

(Stand alone or with podium): 9 eld, wireless: 10

1 L th screens in breakout rooms and (2-3) projectors with screens in ballroom cr

- Stationary

- Handh

- Lavaliere, wireless: 10 arge Room

A ngs. This room needs to have m camera to project to the projector/tv screen

Breako s:

large room to use to have the welcome address subsequent daily large gatheri icrophone, two to three projector/tv screen to receive live recording. A ut Room

Po Er ith asst pens, 3’ x 5’: 9 Ea ls: 9 Pap (8) reakroom with table and chair ust have capability to join together as one room sitting 200 to 400 people.

diums: 9 asable white boards w se er flip charts, 2’ x 3’: 10

Breakout/class rooms configured with tables/chairs sufficient to seat 100 students each.

(4) Breakroom with just chairs

(4) B Rooms m

A room for 25 computer with internet capability 1 o 1 s 1 i n room

Re out room to advertise current session Internet connectivity availability in 3 breakout/class rooms Int Te So

Ot ffice area torage room nstructor preparatio placeable sign holders for each break ernet connectivity for up to 5 computers in a common area large enough for 6 tables/stations edule, accouncements, etc levision monitor in area adjacent to breakout areas to display current sch und system for main ballroom for opening ceremonies, speakers, etc.

her Fir Direct st Aid Kit/station ional signs for placement in common hotel areas

Section C - Descriptions and Specifications

SOW

Statement of Work

For the Defense Security Service, SETA, Linthicum, Maryland

2010 DoD Worldwide Secur nce

1.0. Objective. This st

De nse (DoD) Worldwide Secur

2.0 sit gement contract and coordination wit the conference host facility, and speaker support and assistance.

SE

Fr Un ation of accessibility to a major airport, best per diem value, and average travel cost for attendees. The co

Th sec of Go personnel registrations will be accepted on an as-available, first-come, first-serve basis as lim

3.0 ou

3.1.1. The hotel will interface with the DSS Event Planner, SETA COR and/or de nated staff.

ordination Service. The hotel shall prepare and maintain a master schedule of uired to meet all hotel planned conference objectives. The initial master sch dule sh (4) weeks after award. An updated version of the master s be available for SETA review monthly and up uest.

ity Confere atement ent of of work provides for conference for the 2010 Departm ity Conference. fe

. Scope. The scope of the conference requirement includes pre-conference planning, hotel e selection, hotel contractual commitment, AV/IT, and mana h

TA desires the conference to be held during a 5 day consecutive period of Monday through iday during the first two weeks of August 2010. The conference location will be Contiguous ited States (CONUS) the specific city/state will be determined based upon a combin nference location should take into consideration possible inclement weather for travel.

e conference is a DoD Worldwide Security Conference intended for Government DoD urity professionals - military, civilian, and contractor. The conference plans for an attendance 450 persons (not including speakers and support staff) in an unclassified environment.

vernment DoD security professionals will be given registration priority. Defense Industry itations allow.

. Conference Services. The following conference planning services will be provided as tlined below:

3.1. Pre-Conference Activities

sig

3.1.2. Co

activities req e all be completed and provided to SETA chedule, after the initial schedule, shall on req

Comment [DU1]: This needs to identify what the contractor (hotel) is to provide – not what the DSS Event Planner is to do.

3.1.2.1. The hotel shall provide contract and conference planning service and coordination wit the DS wi weekly during the period three months prior to the event, with the DSS Event Planner, COR and/or designated sta s.

3.2.1. General Session and Workshops. The selected hotel shall provide coordinatio pecified and approved by SETA) to support the staging of the conference. Conference check-in will be on Monday, 12 PM – 6 PM, and Tu co Fr

Go l will confirm in writing with the submission of their pro tion or similar impediments are scheduled at the facility du a total of 450 attendees, sh res ms;

Monday, 450 sleeping rooms;

, 50 sleeping rooms.

Rooms s with bathroom facilities at the prevailing FY gov . Payment shall be the sole responsibility of each particip

3.2.2.4. e submitted with technical an price proposal, de sleeping rooms, co erence room spa , diagr h S Event Planner. The hotel will be responsible for coordinating th overflow hotels (if necessary), and with any contractors required to support the event.

3.1.2.2. The hotel shall meet at least monthly, upon award, and at least bi-ff.

3.2. Conference Activitie

n, equipment, and media materials (as s esday, 7 AM - Noon with conference events beginning on Tuesday morning, 9 AM and ncluding on Thursday, 5 PM for the majority of the participants with special sessions on iday, 8 AM - Noon. All conference sessions will end Noon, Friday for the registrants.

3.2.2. Hotel.

3.2.2.1. The hotel must provide lodging rates within the stated ernment per diem rate for the location selected. v

3.2.2.2. The hote

posal the assurance that no construc ring the period of the conference.

3.2.2.3. The hotel facility must accommodate

all be in the same building as the conference spaces described in section 3.2.2.7, and will be erved as follows:

Sunday, 200 sleeping roo

Tuesday, 450 sleeping rooms;

Wednesday, 450 sleeping rooms;

Thursday, 300 sleeping rooms;

Friday must be individual/private-sleeping room 2010 ernment per diem rate for the location ant, to include no-show fees.

Hotel information or/and proposal shall b d along with descriptive literature to inclu nf ce ams and square footage.

3.2.2.5. If facilities outside of the conference hotel are involved (i.e.

ov the n, the offer must propose for use a facility that is compliant with the requirements of the Hotel and Motel fire Saf Ad htt wit sk Re nday at Noon, and terminate Tuesday at Noon. An Information Area (one table) w alo Inf

Co to Ro projection screens, and a podium; after 10 AM, (10) breakout rooms to accommodate 50 – 100 people per room; for Friday: (4) panel rooms set up in classroom style (tables and chairs) to ac int fac tab onday, 8 A ence inf

3.2.2.8.2. Large monitors provided by the hotel placed throughout the inf du

3.2.2.9.1. Hospitality Room. The room should be large enough to co erflow sleeping accommodations), the hotel shall provide shuttle bus service from the hotel to off-site location and return at no cost to the participants.

3.2.2.6. To be eligible for award under this solicitatio

ety act of 1990 (Public Law 101-391) (15 U.S.C. 2201 et. seq.) and is listed on the U.S. Fire ministration Hotel and Motel National Master List found at p://www.usfa.fema.gov/hotel/search.cfm. In addition, the offered facility must be compliant h the requirements of the Americans with Disabilities Act (Public Law 101-336) (42 U.S.C

101 et. seq.).

3.2.2.7. Conference Spaces. Registration area equipped with six (6) 6’ irted tables with 12 (twelve) chairs and two (2) wastebaskets to be set-up inside the facility.

istration will begin Mog ith two chairs and one wastebasket will be required until conclusion of conference ng with securable storage space for conference materials in or adjacent to Registration/ ormation area.

nference Spaces for Tuesday, Wednesday, and Thursday: (1) General Session room each day accommodate 450 people in a theater, auditorium, or ballroom style from 8 AM – 10 AM.

om must be large enough to accommodate several traffic aisles, a stage, a minimum of (2) commodate 75 people each from 8 AM - Noon. Two breakout rooms will be equipped with ernet connectivity for the speaker for the duration of the conference.

3.2.2.8. General Information Area.

3.2.2.8.1. SETA “information table area” to be set-up inside the ility but near conference spaces to consist of five separate information areas of two 6’ skirted les with 12 (twelve) chairs and two (2) wastebaskets per area with set up beginning M and tear down Friday, Noon to support SETA, SPeD, Registrar, and CounterintelligM ormation areas. The Registrar area will be equipped with 6 internet connections.

information area and other strategic locations/gathering areas in the hotel to provided ormation concerning the conference.

3.2.2.9. Other Rooms. The following areas/rooms are necessary for the ration of the conference:

mfortably seat 12 personnel with a conference table.

3.2.2.9.2. Secure Storage Area. Not less than 144 sq ft for secure sto sq ft eq ed room including seating area with couch and chairs, end and coffee table, desk and ch sto ith a table and four chairs.

Tu day, and Thursday portions of the conference to include light snacks in the mo n (cookies, chips, and fruit) with beverage selections of coffee, juice, wa wa res ance from co for all meals.

ass su Of conf mi wh ow wi loc de efore or during the dates of the conference, of any change to the event site or other related activities that may have an impact on operations.

Conference event sc on-site two-way radio communication equipment configurations with headsets, dedicated frequency and recharging equipment for use by pe rage of government computer equipment and other high value items.

3.2.2.9.3. Presenter Preparation Room. Not less than 200

uipp air, mini refrigerator stocked with water and light refreshments

3.2.2.9.4. SETA Staff Room. Room not less than 144 sq ft for

age of office/other supplies and use as an office area. Room will be provided wr

3.2.2.10. Catering. The hotel shall provide light refresments for the esday, Wednes ing and afternoorn ter, and tea in the morning; water and tea in the afternoon.

3.2.2.11. Other requirements. Variety of restaurants within reasonable lking/driving distance from the hotel in safe area or easily accessible transportation to taurants; and overflow hotel (if applicable) within reasonable walking dist ce hotel in a safe area to adequately support 450 attendees and staff nferen

3.2.3. Audio Visual. Hotel shall provide for on-site audiovisual equipment and ociated support for all conference/breakout areas to include specialized audio engineering pport to ensure sound, microphone, visual/projection equipment, computers (with Microsoft fice Suite 2003, DVD drive, USB drive, and audio out capability), and screens in all ere ce activity areas as necessary to support agenda items. Multiple viewing screens, sound, n crophone, monitors, etc will also be provided as outlined in the agenda in large session rooms en used. Government will provide on-site IT support personnel for government-ned/supplied equipment.

3.2.4. Conference Security. A security assessment of potential conference sites ll be conducted by the Defense Threat Reduction Agency (DTRA) prior to final venue ation approval/awarding of contract is completed.

3.2.5. Notifications. The hotel shall keep DSS Event Planner, COR and/or signated staff constantly informed, b s hedule and agenda will be approved and finalized 60 days before the nference.

3.2.6. Communications. The hotel will arrange for 12

SETA personnel, DSS support staff personnel, and associated hotel staff rsonnel.

4.0. Post-Conference Activities

. istribute a conference survey to all personnel inv lved in the conf should be c an co inp ma all conference records within 14 days after the conclusion of the conference. DSS Event Planner will provide that copy to the COR and/or designated staff within 45 d

5.0 sh pro order:

• Issues an esolutions

NOTE: Th be fixed-price.

7. ights (GPR) shall apply to all data pursuant to se SOW.

8.0 olicy and Procedures: All assigned personnel must comply with all DSS Security and Ad inistrative policy and procedures.

9.0

10. ter conclusion of the co erence

11.

12.0. Pre-Performance Conference. A conference will be held within 10 days after contract is ernment with a briefing of their

4.1 Lessons Learned. The hotel will d

o erence planning to capture data for a hotel “lessons learned” document and it oordinated with the DSS Event Planner. The purpose of the survey will be to capture y observations and constructive criticism to compile a list for use in planning future nferences. The DSS Event Planner shall collect information from all sources, analyze the ut, and provide a report to the COR and/or designated staff no later than 45 days after the nclusion of conference.

4.2. Conference Record. The hotel will provide DSS Event Planner with one complete ster copy on CD and/or DVD of ays after the conclusion of the conference

. Program Management. All programmatic data for the work performed under this task all be submitted to the COR and/or designated staff by the 8th of each month. The hotel shall vide support for the following work and deliverables outlined in this task

5.1. Monthly Status Report. The hotel shall provide the COR and/or designated staff with a monthly status report covering, but not limited to, the following categories of information:

d R Narrative Report of Activity is is contract will

0. Data Rights. Government Purpose R rvices and deliverables provided under this

. P m

. Test Requirements. Not applicable.

0. Period of Performance. Date of award until one month af nf

0. Proposed Preservation, Packaging, and Marking. Not applicable.

awarded. The DSS Event Planner shall provide the Gov intended procedures for implementing DSS’s goals as described within this SOW. The agenda wil t Personnel and Contractor Personnel associated ent personnel the composition and specific Key ies

14.0. Invo

a.

15.0. Technical Points of Contact

l include (but is not limited to):

• Introduction of all Governmen with this acquisition

• Discussion of Contract Documents

• Contractor outlining to governm personnel expertise

• Contractor outlining their intended method of operations

• Government communicating their specific expectations for the group.

• Government answering questions about their mission, and outlining strateg already in use or anticipated

• Designation and agreement on POCs both for Government and Contractor

Personnel on routine communication procedures, etc.

ices. Invoices will be completed in accordance with the contract.

DSS requires a complete invoice to include the contract number, Issue date and CLINs.

gPro ram Manager/COR

Jesse Valdiviez

MD 21090

iviez@dss.mil

DSS

938 Elkridge Landing Road, Linthicum, Voice (410) 865-6273; Email: Jesse.Vald

Event Planner Dah

DSS

lia Thomas

Contract Specialist Shir ley Green.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Su

CL T ACCEPT BY

000 Government 0001AA N/A N/A N/A Government 000 N/A Government 000 N/A Government 000 N/A Government 000 N/A Government 000 N/A Government 000 N/A Government 000 N/A Government 000 N/A Government pplies/services will be inspected/accepted at:

IN INSPECT AT INSPECT BY ACCEPT A

1 N/A N/A N/A

1AB N/A

/A

N/A

1AC N

1AD N/

N/A N/A A

2 N/A N/A 3 N/A N/A 4 N/A N/A 5 N/A

/A N/A

6 N N/A

Section F - Deliveries or Performance

DELIVERY INFORMATION

CL Y SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

00 A N/A N/A N/A N/A

00 A N/A N/A N/A

00 N/A N/A N/A

00 N/A N/A N/A

00 N/A N/A N/A

00 N/A N/A N/A N/A

00 N/A N/A N/A N/A

00 A N/A N/A N/A

00 A N/A N/A N/A

IN DELIVERY DATE QUANTIT

01A

AB N/01

01AC N/A

01AD N/A

02 N/A

N/05

06 N/

Section G - Contract Administration Data

Section I - Contract Clauses

CL FERENCE

52 4-3 Taxpayer Identification OCT 1998 52 -18 Certification Regarding Knowledge of Child Labor for Listed

End Pr

FEB 2001

52 Previou 52 Affirm 52.232-23 Assign JAN 1986 52 Stop-W UG 1989 52 Subcon AUG 2009 25 Requir ts JAN 2009 25 A Central -7) Alternate A SEP 2007 25 Billing OCT 2005 25 Electro eiving eport

MAR 2008

CLAUSES INCORPORATE L TEXT

52 --COM

(a) Th licitation to the responsible offeror whose offer con Government, price and other factors considered. The foll wing factors shall be used to evaluate offers:

Lo Te

(b) tot rmine that an offer is unacceptable if the option prices are si not obligate the Government to exercise the op

(c) rd or acceptance of an offer, mailed or otherwise furnished to the successful offeror wit n the time for acceptance specified in the offer, shall result in a binding contract without further action by eit r party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), wh

(E

(a) req be

AUSES INCORPORATED BY RE

.20

.222 oducts

.222-22

.222-25 s Contracts And Compliance Reports FEB 1999 ative Action Compliance APR 1984 ment Of Claims

.242-15 ork Order A

.244-6 tracts for Commercial Items Whistleblower Righ2.203-7002 ement to Inform Employees of n (52.2042.204-7004 Alt 2.204-7006

Contractor Registratio Instructions

2.232-7003 nic Submission of Payment Requests and Rec R s

2.232-7010 Levies ricing on Contract Payments DEC 2006 DEC 1991 2.243-7001 P Of Contract Modifications

D BY FUL

.212-2 EVALUATION MERCIAL ITEMS (JAN 1999)

e Government will award a contract resulting from this so forming to the solicitation will be most advantageous to the o w Price chnical capable

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the al price for the basic requirement. The Government may dete gnificantly unbalanced. Evaluation of options shall tion(s).

A written notice of awa hi he ether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

nd of provision)

.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAR 2009)

Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the uirements of this contract. The Government reserves the right to inspect or test any supplies or services that have en 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 wil con acc (2) ite

(b) pe e of this contract to a bank, trust company, or other financing institution, including any Federal lending ag pa rec

(c) pa

(d) isputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of ari r relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52 tes, which is incorporated herein by reference. The Contractor shall proceed diligently with pe

(e)

(f) be pu qu no ex sable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all rea oc

(g)

(1) add

(i)

(ii) ber;

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

(iv

(v) S g the bill of lading number and weight of shipment if shipped on Go

(vi ment offered;

(vii

(vii Name, title, and phone number of person to notify in event of defective invoice; and l not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate sideration for acceptance of nonconforming supplies or services. The Government must exercise its post-eptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and before any substantial change occurs in the condition of the item, unless the change is due to the defect in the m.

Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of rmancrfo ency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes yment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to eive payment under this contract.

Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the rties.

D the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action sing under o

3-1, Dispu.23 rformance of this contract, pending final resolution of any dispute arising under the contract.

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

Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence yond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the ic enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, bl arantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall tify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any cu sonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such currence.

Invoice.

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

Name and address of the Contractor;

Invoice date and num

) Contract

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

hipping number and date of shipment, includin vernment bill of lading;

) Terms of any discount for prompt pay

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

i)

(ix axpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required els

(x) anking information.

(A only if required elsewhere in this contract.

(B the provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or Fu

(C

(2) Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent i lia Un Co

(i)

(1) deli

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

39 ment regulations at 5 CFR part 1315.

(3) app

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the the is m

(5) Go id on a contract financing or invoice payment, the Contractor shall--

(i) ov

(A ov

(B

(C

(D

) T ewhere in this contract.

Electronic funds transfer (EFT) b

) The Contractor shall include EFT banking information on the invoice

) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation

52.232-34, Payment by Electronic nds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

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

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of ndemnity. The Contractor shall indemnify the Government and its officers, employees and agents against bility, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any ited States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the ntractor is reasonably notified of such claims and proceedings.

Payment.--

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

03) and prompt pay

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

invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on date which appears on the payment check or the specified payment date if an electronic funds transfer payment ade.

Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the vernment has otherwise overpa

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

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

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

ffected contract line item or subline item, if applicable; and ) A

) Contractor point of contact.

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

(6)

(i) become payable by the Contractor to the Government under this contract shall bear simple int st from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the int (i) am

(ii) con

(iii)

(A cting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt wit n 30 days;

(B speci ins

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (se

(iv de nal demand for payment.

(v)

(A er this contract.

(B ter

(vi ys involved beginning on the due da

(A es payment from the Contractor;

(B be

(C to

(vii The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Fe

(j) un

Interest.

All amounts that ere erest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 78 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the ount is paid.

The Government may issue a demand for payment to the Contractor upon finding a debt is due under the tract.

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

) The Contra hi

) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline fied in the demand for payment unless the amounts were not repaid because the Contractor has requested an tallment payment agreement; or e 32.607-2).

) If a demand for payment was previously issued for the debt, the demand for payment included in the final cision shall identify the same due date as the origi

Amounts shall be due at the earliest of the following dates:

The date fixed und)

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

) The interest charge shall be computed for the actual number of calendar da and ending on-- te

) The date on which the designated office receiv

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

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

deral Acquisition Regulation in effect on the date of this contract.

Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided der 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) nsportation is f.o.b.

de

(k) ract price includes all applicable Federal, State, and local taxes and duties.

(l) an wo to of the Th pu sha

(m of to ter no law be

(n) Go

(o) use

(p) the

(q) O ord

(r) Com

D stinati elivery of the supplies to the Government at the destination specified in the contract, if tra on.

Taxes. The cont

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

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

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

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

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

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

ther compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive ers, rules and regulations applicable to its performance under this contract.

pliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 rel to ating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, ti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 An of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded un

(s) O ving precedence in Ot cla soft Fo

(t) res data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or der that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is ponsible during performance and through final payment of any contract for the accuracy and completeness of the incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to rev the ter

(2) is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the ne sha int ag mu

(ii) the of- Co ractor indicated in the contract will be considered to be incorrect information within the meaning of the “S

(3) the Cla

CC

Co ractor will be considered to be incorrect information within the meaning of the “Suspension of payment” pa

(4) int

(E

EX

(a) l 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 acq isitions of commercial items:

(1) 52.222-50, Com

Alt

(2)

(3)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has ind e orders app

__ (SEP 2006), with Alternate I (OCT 1995) (41 .S.C. 253g and 10 U.S.C. 2402).

iew and update on an annual basis from the date of initial registration or subsequent updates its information in CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the ms and conditions of this contract and is not a substitute for a properly executed contractual document.

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever cessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor ll provide the responsible Contracting Officer a minimum of one business day's written notification of its ention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) ree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor st provide with the notification sufficient documentation to support the legally changed name.

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

The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of ims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's R record that indicates payments, including those made by EFT, to an ultimate recipient other than that nt ragraph of the EFT clause of this contract.

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

nd of clause)

.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

ECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2009)

The Contractor shal u bating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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

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

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

icated as being incorporated in this contract by reference to implement provisions of law or Executiv o acquisitions of commercial items: (Contracting Officer check as appropriate.) licable t

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government U

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapt he American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Rei v

5).

_ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the f

_ 9-6.

_ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

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

_ (15 U.S.C. 637(d)(4)).

_ (iii) Alternate II (OCT 2001) of 52.219-9.

_ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

_ (13 er 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under t n estment Act of 2009.)

(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

o feror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved].

___ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.21

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

___ (ii

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

__ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

__ (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008)

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

__ ) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C.

7(d)(4)(F)(i)).

___ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT

_ --Disadvantaged Status and Reporting

(APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

racting (OCT 2000)

(Pu

(U

_ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

r--Cooperation with Authorities and Remedies (AUG 2009) (E.O.

13 ).

al Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other

Eli b

_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.

Eli

_ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)

(E. .

_ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to prescri

08) (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.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program

___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcont

. L. 103-355, section 7102, and 10 U.S.C. 2323). b

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

.S.C. 657 f).

__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

2(a)(2)).

___ (20) 52.222-19, Child Labo

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

__ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_ (23) 52.222-35, Equ__ gi le Veterans (SEP 2006) (38 U.S.C. 4212).

S.C. 793).

__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other gible Veterans (SEP 2006) (38 U.S.C. 4212).

O 13201).

the acquisition of commercially available off-the-shelf items or certain other types of commercial items as bed in 22.1803.)

) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY ite

AY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of co ercially available off-the-shelf items.)

ucts (DEC 2007) (42 U.S.C. 8259b) .

___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(D

_ es (JUNE 2003) (41 U.S.C. 10a-10d).

_ _ li Trade Act (JUN 2009) (41 U.S.C. 10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, ___ (ii

___ (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (34 8) (E.O.'s, proclamations, and statutes adm n the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

U.S

___ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

230 (

___ (28)(i

08) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf ms.)

___ (ii) Alternate I (M mm

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Prod

EC 2007) (E.O. 13423).

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

__ (31) 52.225-1, Buy American Act--Suppli

_ (32)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israe

-53, 109-169, 109-283, and 110-138).

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

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

) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 200 i istered by the Office of Foreign Assets Control of the Department of

__ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10

.C. 2307(f))

7 f)).

___ (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31

U.

y Electronic Funds Transfer--Other than Central Contractor Registration (MAY

1999) ty (MAY 1999) (31 U.S.C. 3332).

_ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Ap

(c) s 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 r ntracting Officer check as appropriate.)

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

Op Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

r Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29

U. 6 and 41 U.S.C. 351, et seq.)

Cal

Re

__ (7

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

S.C. 3332).

___ (40) 52.232-34, Payment b

(31 U.S.C. 3332)

___ (41) 52.232-36, Payment by Third Par

__ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

px 1241(b) and 10 U.S.C. 2631).

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

The Contractor shall comply with the FAR clauses in thi o Executive orders applicable to acquisitions of commercial items: (Co

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

et seq.). 1, __ _ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and tion

____ (4) 52.222-44, Fair Labo

S.C. 20

__ _ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, ibration, 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--quirements (FEB 2009) (41 U.S.C. 351, et seq.).

__ ) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

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

(1) ptroller General, shall hav access to and right to examine any of the Contractor's directly pertinent records involving transactions related to

(2) ev n, 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 thi av cla un

(3) reg the nt to a provision of law.

(e) Co for cla

(i) (41

(ii) that r 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 low

(iii)

(iv

(v) Ve

(vi) 52 ative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

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

(vii

(ix EB 2009) (22 U.S.C. 7104(g)).

Alt

(x) or if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and es not contain the clause at 52.215-2, Audit and Records--Negotiation.

The Comptroller General of the United States, or an authorized representative of the Com e this contract.

The Contractor shall make available at its offices at all reasonable times the records, materials, and other idence for examinatio s contract is completely or partially terminated, the records relating to the work terminated shall be made ailable for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes use or to litigation or the settlement of claims arising under or relating to this contract shall be made available til such appeals, litigation, or claims are finally resolved.

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

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the ntractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the use—

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

52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts offer furthe er tier subcontracts that offer subcontracting opportunities.

Reserved.

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

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

.222-36, Affirm

01).

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

) 52.222-50, Combating Trafficking in Persons (F ernate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Re

(xii

(xii 2009) (Pub. L. 110-247).

Flo down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xi 124 52.247-64.

(2) add

(En quirements (FEB 2009) (41 U.S.C. 351, et seq.).

) 52.222-54, Employment Eligibility Verification (JAN 2009).

i) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR w

v) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause