SOW HSCG38-10-R-H00002

HSCG38-10-R-H00002

HSCG38-10-R-H00002

ADDENDA B – Supplies/Services and Price/Costs

Contract Line Items - Year One (Base Period)

Contract Award Date through the Following One-Year Period

Control, Generator, P/N: CSV4092-3, NSN: 6610-01-344-0377

Overhaul IAW TO 35C2-2-142-3

OEM, CAGE #07639

(ACMS Tracked - Flight Critical)

Contract Line Items – Year Two (First Option) One Year Period Following Year One

Control, Generator, P/N: CSV4092-3, NSN: 6610-01-344-0377

Overhaul IAW TO 35C2-2-142-3

Contract Line Items – Year Three (Second Option)

One Year Period Following Year Two

Control, Generator, P/N: CSV4092-3, NSN: 6610-01-344-0377

Overhaul IAW TO 35C2-2-142-3

Contract Line Items – Year Four (Third Option)

One Year Period Following Year Three

Control, Generator, P/N: CSV4092-3, NSN: 6610-01-344-0377

Overhaul IAW TO 35C2-2-142-3

Contract Line Items – Year Five (Fourth Option)

One Year Period Following Year Four

Control, Generator, P/N: CSV4092-3, NSN: 6610-01-344-0377

Overhaul IAW TO 35C2-2-142-3

STATEMENT OF WORK

1.0 Scope of Work

The United States Coast Guard, Aviation Logistics Center, requires depot level maintenance through the award of one firm-fixed priced, Requirements type contract for overhaul of the Control Generator Unit, as identified in the Schedule of Supplies/Services in accordance with this Statement of Work (SOW). . The components will be shipped to the contractor for overhaul in order to restore them to a ready for issue condition. The components are “ACMS Tracked” and “Flight Critical”.

The technical requirements in this statement of work are identified as the minimum acceptable standards of performance to define an operationally effective system. The Contractor must have access to the United States Air Force maintenance, and overhaul manuals and performance/ test/acceptance criteria and data to ensure the item specified is overhauled, calibrated, and operating in accordance with the technical order specified in Attachment 1 of this document. The contractor shall provide all parts, labor, tooling, test equipment and facilities to deliver depot level maintenance support for all assemblies and components on an “as-required” basis. The contractor must be in possession of a current FAA Certification for the exact category of the component specified in the Schedule of Supplies/Services to perform the work specified by this solicitation and resulting contract. The absence of current FAA certification will result in the removal of the offer from further consideration. In addition to a current FAA certification, the contractor is required to possess a current certification from either the Original Equipment Manufacturer (OEM) or Proof of being registered as a certified US contractor with the Defense Logistics Support Center (DLSC). The contractor is solely responsible for obtaining the technical document listed in Attachment 1. The U.S. Coast Guard does not maintain nor release the technical document specified in Attachment 1. The Original Equipment Manufacturer of the component is listed in the Schedule of Supplies/Services.

The information contained in this section is not intended to be all-inclusive, nor to detract from the procedures outlined in the technical order. The technical order listed in this Statement of Work is the basic directive to be used in the part replacement requirement. Replacement parts shall conform to the configurations stipulated in this basic directive as supplemented by other applicable directives and instructions of this specification. Parts replacement shall be confined to those parts determined to be beyond economical repair unless otherwise specified.

Offerors must provide the following in order to be considered for contract award. These constitute the minimum qualifications and there are no exceptions.

· FAA Certification

· Copy that depicts evidence of possession of specific technical documents

· Copy of QA manual

· Copy of current OEM certification or Proof of being registered as a certified US contractor with the Defense Logistics Support Center (DLSC).

PROJECT MANAGEMENT

2.0 Depot Maintenance. Depot maintenance requirements for this contract consist of C130 component overhaul. Components will be inspected, overhauled and/or modified in accordance with the technical order specified in Attachment J. In all cases, the inspection, overhaul and test procedures must meet or exceed USAF Technical Order (TO) specifications. Components delivered as a result of this requirement shall be ready for field level (US Coast Guard Air Station) installation, including final paint. The contractor shall provide all parts, labor, tooling, test equipment and facilities necessary to overhaul the components specified.

Firm-fixed prices are required for overhaul of the components specified in the Schedule of Supplies/Services. Firm-fixed prices proposed and accepted for award shall include all replacement parts, labor, tooling, test equipment and facilities necessary to overhaul these components. High value replacement parts and/or the presence of corrosion will not constitute renegotiation of the firm-fixed overhaul prices accepted for contract award.

Firm-fixed prices are required for an hourly labor rate to be utilized to price Service Bulletin incorporation and/or Unusual Damage as authorized and properly funded by the Contracting Officer. The hourly labor rate proposed shall be fully burdened and include all pertinent factors for overhead, general and administrative (G&A) and profit. Firm-fixed prices are also required for an Evaluation/No Fault Fee and for a Scrap fee.

As a minimum, subcontractors must possess the certifications required by this SOW to perform any portion of this work. The minimum certifications required by any tier contractor are detailed in Inspection and Acceptance under (Quality Assurance). Also, contractors and subcontractors must have access to OEM (or U.S. Air Force) authorized replacement parts.

CONFIGURATION MANAGEMENT

3.0 Service Bulletins

The Contracting Officer shall notify the contractor in writing of items requiring incorporation of service bulletin or modification. Upon receiving notice of a service bulletin or modification, the contractor shall submit, within thirty (30) calendar days, a firm-fixed priced proposal for an incremental charge to be assessed each time the service bulletin or change is incorporated in a component. The proposal shall contain a breakdown of material and labor costs based upon the firm-fixed labor rates and material factors. The incremental charge agreed to for incorporation of a service bulletin shall apply only to those components into which the Contractor incorporates a required service bulletin, not those into which the service bulletin has been previously incorporated. Upon agreement of the incremental charge and issuance of a contract modification to reflect this change, the service bulletin shall be incorporated into each subsequent component received at the contractor’s facility if said service bulletin has not already been incorporated. When service bulletin incorporation changes the component’s part number, the new part number will be added to the contract.

3.1 Obsolete Parts or Processes

The contractor shall use new parts meeting the requirements of specified technical orders or OEM specifications, as applicable, and U.S. Coast Guard specifications and drawings. In the event certain parts or processes become obsolete, the contractor shall, within fifteen (15) calendar days after receipt of the assembly or component, notify the Contracting Officer and submit:

(1) rationale and verification of any obsolete part or process, and

(2) a written estimate of the effort required to make the rework.

Such estimates shall include nomenclature, part number, cost and quantity of replacement parts, and total labor hours. The contractor shall verify cost of part with invoices or catalogs. The contractor’s delivery obligation for the component(s) identified shall be suspended as of the date of the notice to the Contracting Officer. The Contracting Officer will, within thirty (30) calendar days of receipt of the contractor’s written estimate make a written determination as to the disposition of the component. After receipt of the Contracting Officer’s disposition instruction, the contractor shall have sixty (60) calendar days for delivery.

Technical REQUIREMENTS

4.0 Inspection

The Contractor shall perform a visual inspection and correct deficiencies found for all components. This shall include replacement of missing or broken parts, and the removal of any foreign matter or corrosion.

4.1 Corrosion Requirements

Coast Guard aircraft operate primarily around salt water, at low altitude, and are subject to corrosion. During inspection and functional test, the presence of corrosion in any item or part thereof shall constitute reason for a more thorough disassembly and inspection. Should corrosion be found, disassembly shall be made to the extent necessary to remove all corrosion or replace the part or parts affected. Corroded parts will be replaced except in those cases where removal of corrosion from a part will not impair efficiency or safe operation of the part. Corrosion removal and treatment of affected areas shall be accomplished in accordance with the technical order specifications or drawings, or shall meet the Contracting Officer’s approval when specifications do not exist or are not clear.

4.2 Serviceable Parts

Parts of a component found to be in a serviceable condition as a result of inspection and functional testing shall be reused. Missing parts or parts found to be defective shall be replaced with new parts that meet or exceed the T.O. or OEM’s current specifications and drawings, with exceptions noted in the statement of work

4.3 Scrap Procedures

All Nonreworkable items replaced during repair shall be disposed of as scrap and rendered unusable for its intended purpose.

4.4 Beyond Economic Repair (BER)

In the event an entire assembly has been determined BER, the contractor shall notify the Contracting Officer. In this notification, the contractor shall list the delivery order, line item number, NSN, Part Number and serial number with a brief description supporting the determination. Within 30 days, the Contracting Officer shall provide disposition instructions via modification for the item. . The contractor is to provide to the Contracting Officer with proof of scrap either by letter on company letter head or be additional certification as required by modification. . The Contractor shall be entitled to compensation for teardown and evaluation only in accordance with the firm-fixed price specified for “scrap fee”.

Note: In no case will any of the above Actions be taken without written instructions from the Contracting Officer.

4.5 Inspection/No Fault Found

Components received which when tested indicate a “No Fault Found” situation, shall be thoroughly inspected to ensure they meet current minimum functional performance and test specifications as designated by the AFTO. These items shall be documented on the Material Tracking System Report required, and invoiced in accordance with the applicable “Inspection/No Fault Found” charge indicated in the Schedule of Supplies/Services.

In the event certain parts or processes are determined to be beyond economical repair (BER) upon inspection, The Contractor shall, within fifteen (15) calendar days after receipt of the assembly or component, notify the Contracting Officer in writing and submit rationale for its determination. Upon approval by the cognizant Inventory Management Specialist, the Contracting Officer will issue a modification amending the unit price to reflect the Inspection/No Fault Found price in the Schedule of Supplies/Services.

4.6 Unusual Damage

4.6.1 General

Components that are considered by the government to be unusually damaged shall be shipped to the contractor for an unusual damage evaluation, at the firm-fixed price in the schedule of requirements. When components are received for overhaul, but upon inspection, obvious misuse, cannibalization, or severe damage due to mishandling or crash damage or an act of God is found, the contractor shall, within thirty (30) days of receipt of the item, notify the Contracting Officer in writing that the item is considered unusually damaged and requires further evaluation. Components must meet any of the above criteria to be considered unusually damaged.

4.6.2 Report Requirements

When a component is processed for Unusual Damage Evaluation, the contractor shall, within thirty (30) calendar days of receipt of the item, submit an inspection condition report and overhaul price proposal, covering all parts and repairs needed to return the unit to satisfactory condition that meets all applicable AFTO specifications. The proposal shall contain the delivery order number, line item number, National Stock Number (NSN), part (P/N), nomenclature, and serial number of the component, a listing of the replacement parts and/or material required, the time needed to effect the overhaul, and a cost breakdown including the cost of each required part and the number of labor hours. The hourly labor rate will be charged at the firm-fixed hourly labor rate (IAW the hourly labor rate in the Schedule of Supplies/Services. The contractor’s delivery obligation shall stop from the date of notification that an item has been determined to be a candidate for “Unusual Damage” evaluation. The delivery obligation will be specified in the delivery order modification and will apply only to those items specifically addressed by the modification. The contractor is obligated to deliver all other components not individually addressed by the modification under the original delivery date specified on the delivery order. The proposal shall not include the work involved in the teardown and inspection, which will have already occurred, as this is covered by the firm-fixed price specified in the Schedule of Supplies/Services. Within thirty (30) calendar days, the Contracting Officer shall either initiate negotiations for a firm-fixed price with the Contractor or deny authorization based on information in the report and any other information which may be available. Upon mutual agreement as to price and delivery, a delivery order modification will be issued to require additional work at the agreed upon terms. If the additional work is not approved, the Contracting Officer shall provide the contractor with disposition instructions for the item. In the event an item is returned to the Coast Guard in a disassembled condition, the contractor shall be entitled only to appropriate compensation for Inspection/No Fault Found as specified in the Schedule of Supplies/Services.

USCG FURNISHED PROPERTY AND INFO

5.0 USCG Furnished Data – (Technical information and drawings) This RFP and resulting contract requires overhaul of the components specified in accordance with the AFTO specifications. Access to the technical directives specified by Attachment J of this SOW is the sole responsibility of the offeror. The U.S. Coast Guard will not provide data originated and/or maintained by any other agency. All costs associated with background checks, leading to successful access to the technical publications specified herein shall be borne by the offeror. Continued access to all technical publications is required and shall be maintained by the awardee for the life of the resulting contract.

5.1 Federal specifications and standards

U.S. Government specifications, standards, and handbooks are available from the Standardization Document Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094. Other Government activities, contractors, and other private concerns must procure copies from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959.

5.2 Government Furnished Equipment

The USCG shall not provide any tooling, labor, parts, test equipment, or facilities to effect overhauls in accordance with this SOW. The contractor shall provide all parts, labor, tooling, test equipment and facilities necessary to overhaul U.S. Coast Guard HC-130 Generator Controls as listed in the Schedule of Supplies/Services.

PACKAGING AND MARKING

6.0 Marking of shipments

The Contractor shall mark all shipments under this contract with the contract number. Further, the shipments shall be marked in accordance with the current edition of MIL-STD-129, “Marking for Shipping and Storage”. Failure to mark all packages, boxes, etc. may result in return of shipment at the contractor’s expense.

6.1 Preservation, Packaging, and Packing

The Contractor shall preserve, pack, and package in U.S. Coast Guard containers to ensure complete delivery at destination without damage or deterioration of the supplies due to the hazards of shipping, handling, or storage. Packaging, handling, shipping and transportation of material shall be in accordance with MIL-STD-2073-1D. In addition, because ALC is a supply depot, material will be stored and transshipped to various users; therefore material must be packed and labeled suitable for shipment via land, air or sea. The following requirements apply:

· Each individual item or unit must be individually packed in a separate crate.

· Each individual container shall be labeled on the outside with National Stock Number (NSN), Bar Code of the National Stock Number, Part Number, Serial Number, Quantity, Nomenclature, Contract Number, Delivery Order Number and Line Item Number.

· The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Preservation protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage for a period of one year.

· Packaging material shall NOT consist of the following: popcorn, shredded paper, Styrofoam of any type or peanut style packaging.

· Only Bar Coding of the National Stock Number is necessary.

· When the AOG clause is invoked, the outside of the shipping container will be marked in highly visible lettering “AOG”.

The contractor shall remove the unserviceable tag, DD Form 1577-2, from the components.

Should the shipping crate not be correct or does not meet standards Contractor shall contact the contracting officer for overhaul or replacement. The USCG will furnish the crate or contractor can build for repayment. Specifications will be furnished to the Contractor for crate rebuild.

6.2 Markings of warranted items

Pursuant to the requirements of FAR 46.706 (b) (5), the Contractor shall stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include:

· A brief statement that a warranty exists.

· The substance of the warranty.

· Its duration.

· Who to notify if the supplies are found to be defective.

For commercial items, the Contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

INSPECTION AND ACCEPTANCE

7.0 Material Inspection and Receiving Report

At the time of each delivery for supplies or services under this contract, the contractor shall prepare and furnish to the government a properly completed packaging slip. The packaging slip shall include the following information: (1) National Stock Number, (2) Part Number, (3) Nomenclature, (4) Serial Number, (5) Delivery Order Number, (6) Line Item Number, and (7) Quantity.

7.1 Inspection and Acceptance

Inspection shall be performed by Quality Assurance (QA) at destination and Acceptance by Certificate of Conformance (COC). A Certificate of Conformance in accordance with FAR 52.246-15(d) is required for each overhauled component. The required format for COC’s is provided as Attachment 2 under Addenda J. The COC shall be submitted inside the shipping container with the overhauled component and one (1) copy affixed to the outside of the shipping container with the packing slip. All aircraft parts ordered, serviced, modified, or overhauled under provision of this SOW must be airworthy and suitable for installation on a USCG aircraft.

7.2 Displaying of certificates

All Certificates required by paragraphs 7.0 and 7.1 shall be submitted as follows:

One (1) copy with the overhauled component, inside the shipping container, and

One (1) copy with the overhauled component, outside the shipping container.

Failure to submit the appropriate certificate shall constitute an improper invoice and will result in nonpayment.

7.3 Documentation of Deficiencies

Overhauled/modified components found to have deficiencies will be reported to the Contractor using Standard Form “SF 368”, Product Quality Deficiency Report for investigation. The contractor shall report findings of the investigation within thirty (30) calendar days after receipt of quality deficiency exhibit to the Contracting Officer.

7.4 Notification requirements for noncompliance

If the contractor cannot certify as required, he shall immediately and prior to any work being initiated, notify the Contracting Officer.

PERFORMANCE

8.1 F.O.B. Point

Offers are invited on the basis of F.o.b. Destination only. Offers submitted on any other basis will be rejected as non-responsive.

8.2 Shipping Destinations

Unless otherwise directed by individual delivery orders or modifications, the contractor shall ship overhauled components to the following address:

Commanding Officer, USCG, ALC

1664 Weeksville Road

Receiving Section, Bldg. 63

Elizabeth City, NC 27909-5001

8.3 Delivery Schedule

Required turn-around-time for overhaul of material specified in the Schedule of Supplies/Services is sixty (60) days after receipt of material (ARM) at the contractor’s facility. . Turn-around-time is defined as beginning at the time of receipt of components at the contractor’s facility and ending at the time of delivery to ALC, Elizabeth City, North Carolina. The offeror may ship earlier than the desired delivery if there are no extra monies incurred by the Government. The offeror may also, without prejudicing its offer, propose a staggered delivery schedule for large quantity orders based on plant capability which will also be considered during proposal evaluation.

8.4 Urgent Requirements

Aircraft on the Ground (AOG) status necessitates a special schedule. In the event an AOG status occurs as a result of a lack of any of the components specified in the schedule, the Contractor will be notified of the condition and requested to provide a response within 24 hours of the request. The Contractor’s response shall provide status of the component(s) needed to satisfy the AOG condition that includes what USCG items in-house for overhaul are closest to completion under normal working conditions and an estimate of the labor hours needed to accelerate overhaul completion. The Contracting Officer will issue a delivery order modification authorizing overtime premium if necessary with a Not-to-Exceed price for the work and provide shipping instructions. Upon completion of overhaul, the Contractor shall submit a firm-fixed priced proposal for the overtime premium hours and expedited shipping charges to facilitate contract definitization.

8.5 Period of Performance

The base period of performance for this contract is a base period to begin at time of award for a one-year period, with four one-year option periods, renewable annually at the Government’s discretion and “subject to availability of funds”. The total duration of this contract may not exceed five years.

CONTRACT ADMINISTRATION DATA

9.0 Correspondence

USCG, Aviation Logistics Center

Attn: Nancy DeBerry Long Range Surveillance Div.

1060 Consolidated Road Elizabeth City, NC 27909-5001

Janet.m.delaney@uscg.mil

Chief, Fiscal Branch

USCG, Aviation Logistics Center

1664 Weeksville Road, Bldg. 63

ARSC-Fiscal @uscg.mil

9.1 Point of Contact

All questions pertaining to contractual issues shall be addressed to Janet Delaney, 252-334-5369, janet.m.delaney@uscg.mil or debra.d.mitchell@uscg.mil

9.2 Ordering

The following activity is the only one authorized to place delivery orders against this requirements type contract:

Contracting Officer

USCG Aviation Logistics Center LRS Product Line

Elizabeth City, NC 27909-5001

SPECIAL CONTRACT REQUIREMENTS

10.0 Government Property Furnished for Overhaul

Failure of the Government to furnish such items in the amounts or quantities described in the Schedule of Supplies/Services as “estimated” or “maximum” shall not entitle the contractor to any equitable adjustment in price under the Government Property clause of the contract. The government reserves the right to perform depot level overhaul of the components described in the Schedule of Supplies/Services.

10.2 Contractor Verification of Component

Upon receipt of components for overhaul, the Contractor shall notify the Contracting Officer in writing, providing the following information: (1) date the component(s) received at the contractor’s facility or Point of Departure for foreign contractors, (2) confirmation of serial numbers, (3) confirmation of delivery order number. Notification via email or facsimile is acceptable at 252-335-6452. Failure to acknowledge receipt of the components specified in Addenda B may result in the government’s assumption that the components were received at the contractor’s facility within 7 days of the date on the delivery order.

10.3 ACMS Component Overhaul Record (CRR)

ACMS (Asset Computerized Maintenance System) is the management information system used to schedule and record all Coast Guard aircraft maintenance. The contractor’s responsibility within ACMS shall include submission of the appropriate reports within five (5) working days of completion of work. Tracked components will be shipped to the contractor with a Significant Component History Report (SCHR). A blank Component Overhaul Record (CRR) for each tracked component is provided as Attachment 4 under Addenda J. The Coast Guard will provide the appropriate forms with each component as follows:

10.4 Significant Component History Report (SCHR): The document which contains the maintenance history of the serial numbered tracked component. It remains with its corresponding part until reinstalled on an aircraft or annotated “scrapped” or returned to ACMS. No action is required by the Contractor except to ensure the SCHR remains with the component.

10.5 Component Overhaul Record (CRR): This document records the maintenance performed on a serial number tracked component by the Contractor. The contractor must complete this record to document the maintenance performed on the component including any Test and Inspection with No Fault Found results. A Blank CRR will be provided as Attachment 4 under Addenda J for the item specified for overhaul in the Schedule of Supplies/Services. New CRR’s will not be provided with each component shipped from the government and the form provided herein should be copied. The contractor is instructed that the form provided herein should be copied, properly completed and submitted. Failure to complete and submit the attached form for each and every overhaul action in accordance with the contract will result in delay of invoice processing.

The contractor must complete the Component Overhaul Record for each tracked component overhauled or scrapped to ensure the maintenance performed on the component is documented. The contractor shall comply with the following completed CRR disposition instructions:

One (1) copy shall be packed with the shipping documents on the outside of the container.

One (1) copy shall be placed inside the shipping container with the overhauled component.

One (1) copy shall be mailed to:

Commanding Officer

U.S. Coast Guard

Aircraft Overhaul & Supply Center

Attn: Bldg. 78/ACMS

The Part Number and Serial Number of the component must mirror that on the SCHR, CRR and the Delivery Order. Upon receipt of component(s) the contractor shall verify SCHR and CRR information with the part number and serial number on the component itself and verify the information against the applicable Delivery Order Line Item. If a discrepancy is found, the contractor shall provide written notification of the discrepancy to the Contracting Officer prior to any work being performed.

(Rest of Page Intentionally Left Blank)

11.0 Documents

11.0 Source of Technical Documents

Other than when materials are overhauled IAW OEM Manual, a listing of U.S. Air Force Technical Orders is provided as Attachment under Addenda J. These technical orders are classified as “C6Y” and are releasable per the terms of Air Force Technical Order 61-204, dated 27 July 1994. To obtain the necessary technical orders, contractors must first be registered as a certified U.S. Contractor with the Defense Logistics Support Center (DLSC). Contractors desiring certifications must submit a DD Form 2345, “Export Controlled DOD Technical Data Agreement” to DLSC. Questions may be referred to DLSC at 1-800-352-3572. Approved DD Forms 2345 must then forwarded with the contractor’s request for the specified technical orders to Warner Robins Air Logistics Command/LUTD, Robins Air Force Base ,GA 31098. Contract award will not be delayed pending contractor registration for documents.

11.1 Minimum Offer

An offer, to be considered for award, must contain a complete response for all the line items identified in the Schedule of Supplies/Services. A complete response is defined as citing a price for each sub-line item under a particular contract line item number. Failure to comply with the minimum terms and conditions of this solicitation may result in removal of the offeror’s proposal from further consideration for award.

(Rest of page intentionally left blank) FAR 52.212-4 Contract Terms and Conditions---Commercial Items (Mar 2009) incorporated by reference are hereby tailored as follows:

52.203-3 Gratuities (Apr 1984)

52.204-4 Printed or copied Doubled-Sided on Recycled Paper (Aug 2000)

52.204-7 Central Contractor Registration (Apr 2008)

52.211-15 Defense Priority and Allocation Requirements (Apr 2008)”DO-A1 rating”

52.216-18 Ordering (Oct 1995) “date of contract award through contract expiration”

52.216-19 Order Limitations (Oct 1995)

(a) “one (1) each”

(b) (1) “the total estimated contract line item quantity

(b) (2) “50% of estimated contract quantity”

(b) (3) “30 calendar days”

(d) “15 calendar days”

52.216-21 Requirements (Oct 1995) “150 days of contract expiration”

52.217-8 Option to Extend Services (Nov 1999)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) “prior to contract expiration” “30 calendar” days

(c) “five (5)” years 52.232-18 Availability of Funds (Apr 1984)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

52.233-3 Protest After Award (Aug 1996)

52.245-1 Property Records (Apr 1984)

52.245-2 Government Property (Fixed Priced Contracts) (May 2004)

52.246-4 Inspection of Services—Fixed-Price ( Aug 1996)

52.246-15 Certificate of Conformance (Apr 1984)

52.247-34 F.O.B. Destination, Contractor’s Facility (Nov 1991)

52.252-2 Clauses Incorporated by reference (Feb 1998) “www.arnet.gov”

This contract incorporates one or more clauses by reference, with the same force and effect as if provided in full text. The full text of a clause may be accessed electronically at this/these address(es):

FAR: http://www.arnet.gov/far/ HSAR: http://www.dhs.gov/xlibrary/assets/opnbiz/DHS_HSAR_ With Notice_05-01.pdf HOMELAND SECURITY ACQUISITION REGULATION (HSAR) PROVISIONS AND CLAUSES (Incorporated by Reference) The full text of any of these provisions or clauses may be accessed electronically at this address: https://dhsonline.dhs.gov/portal/jhtml/dc/sfi.jhtml?doid=19183 3052.219-70 Small Business Program Subcontracting Reporting (Jun 2006)

3052.219-71 DHS Mentor-Protégé Program (Jun 2006)

3052.219-72 Evaluation of Prime Contractor Participation in the Mentor-Protégé Program (Jun 2006)

3052.245-70 Government Property Reports (Jun 2006)

3052.247-72 F.O.B. Destination Only (Dec 2003)

(Rest of Page Intentionally Left Blank)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS- COMMERCIAL ITEMS (Sep 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 20070 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.]

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(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).

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

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(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Sectopms 1553 of Pub.l.111-5). Applies to contract funded by the American Recovery and Reinvestment act of 2009.)

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(4) 52.201-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub.L.111-5).

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

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(6)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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(7)[Reserved]

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

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(ii) Alternate I (Oct 1995) of 52.219-6.

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(iii) Alternate II (Mar 2004) of 52.219-6.

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

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(ii) Alternate I (Oct 1995) of 52.219-7.

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(iii) Alternate II (Mar 2004) of 52.219-7.

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

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

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(ii) Alternate I (Oct 2001) of 52.219-9.

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(iii) Alternate II (Oct 2001) of 52.219-9.

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

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(13) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F) (i)).

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

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(ii) Alternate I (June 2003) of 52.219-23.

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(15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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(16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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(17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C.657f).

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(18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C 632(a)(2)).

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

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(20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

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

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

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(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

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(24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

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

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(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

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(27) 52.222-54 Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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(29) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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

(ii) Alternate I (Dec 2007) of 52.223-16

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(31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

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(32)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53 and 109-169, 109-283, and 110-138).

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(ii) Alternate I (Jan 2004) of 52.225-3.

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(iii) Alternate II (Jan 2004) of 52.225-3.

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

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(34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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(36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

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(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

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(38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

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(39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

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(40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

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(41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

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

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

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(ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

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(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). This clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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(4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

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

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(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub.L.110-247).

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

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

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

(iii) Reserved

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

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

(vi) 52.222-36, Affirmative 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. 13201).

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

(ix) 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)).

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

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

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-69, Promoting Excess Food Donations to Nonprofit Organizations (Mar 2009) (Pub.L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

Alternate II (May 2009). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, and appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. APP.), or an authorized representative of either of the foregoing officials shall have access to and right to-

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than –

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(I)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (May 2009) (Section 1553 of Pub. L. 111-5).

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

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

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

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

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

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

(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(J) 52.222-52, Exemption form Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

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

(L) 52.222-54, Employment Eligibility Verification (Jan 2009).

(M) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(N) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS- COMMERCIAL ITEMS (Sep 2009) – Provided In Full Text…