HSCG38-11-Q-200064-FULL-TEXT ADDENDA.doc

HSCG38-11-Q-200064 1

ADDENDUM - 52.212-4 - CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

(JUN 2010)

INSPECTION AND ACCEPTANCE

(a) Inspection and acceptance of material under this contract, to ensure that equipment is in accordance with manufacturer's specifications, shall be performed at destination by local U.S. Coast Guard Receiving section personnel and consist of count and condition only. NOTE: All serial number tracked items will be inspected and accepted by local U.S. Coast Guard Quality Assurance personnel.

(b) A certificate of conformity shall be required for all items provided on this contract. The certificate must be signed by an authorized official of the approved source and must specify the nomenclature, manufacturer's part number and date of manufacture. For Production Approval Holder, a certificate of conformity AND a copy of the FAA PMA or other manufacturing authority shall be provided. The certificate must be signed by an authorized official representing the approved source and must specify the manufacturer's part number and date of manufacture.

(c) Contractors shall also provide a Certificate of Conformance signed by the contractor's authorized representative in accordance with Federal Acquisition Regulation (FAR) 52.246-15 and documentation reflecting the complete unbroken history of ownership of the parts from purchase from the approved source until delivery to the U.S. Coast Guard.

PACKAGING AND MARKING

A. PACKAGING & PRESERVATION

Packaging and preservation shall be the vendor's best commercial practice and shall include the following information:

a.

The Coast Guard Aviation Logistics Center is a supply depot therefore material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air or sea.

b.

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

c.

Uniform bulk packaging of material, no larger than 100 each per package, is acceptable. The packaging shall be sufficient to prevent damage during shipment, handling, and storage. Each package shall be labeled individually. Preservation and protection shall be provided to prevent corrosion, deterioration, or decay during warehouse storage for a period of one year.

B. MARKING INSTRUCTIONS

Each individual container shall be labeled on the outside and each individual packaging of parts on the inside shall be labeled with National Stock Number, Part Number, Nomenclature, Quantity, Contract Line Item, Contract Number, Delivery Order Numbers and Delivery Line Item Number. Certificates of Conformance shall be placed on the outside of individual containers.

ADDENDUM - 52.212-4 - CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

(JUN 2010)

DELIVERY

All deliveries are expected as per the Schedule.

PERIOD OF PERFORMANCE

The term of this contract shall consist of a one-year base period with four additional one-year option periods for a total of five (5) years.

PARTS FURNISHED MUST BE NEW

INVOICING INSTRUCTIONS

The original and three (3) copies of the Contractor's invoice shall be submitted to the designated billing office for payment as follows:

Chief, Fiscal Branch

Bldg. 63

USCG Aviation Logistics Center

Elizabeth City, NC 27909-5001

MARK FOR: CONTRACT NO. (To be assigned at time of award) DELIVERY ORDER NO. (To be assigned at time of issuance)

SHIPPING INSTRUCTIONS

Unless otherwise specified on individual delivery orders issued hereunder, deliverable hardware items shall be shipped to the following address:

Receiving Section, Bldg. 63

Contract No.

(To be assigned at time of award)

Delivery Order No.

(To be assigned at time of issuance)

Documents, reports and correspondence shall be submitted to the following address:

Contracting Officer

Short Range Recovery Division, Bldg. 75

MARK FOR: CONTRACT NO. (To be assigned at time of award)

FULL TEXT CLAUSES

FAR CLAUSE 52.216-18 Ordering.

Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through _one-year from date of contract award for the basic period and for options, effective date of option exercise through one-year from effective date of option exercise_.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations.

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one each for any line item_, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of the total estimated contract line item quantity;

(2) Any order for a combination of items in excess of 50% of estimated contract quantity; or

(3) A series of orders from the same ordering office within _thirty (30) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _15_ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements.

Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after __determined at time of award based on six (6) months after expiration date of ordering period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60_ days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _____5 years______ (months) (years).

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year.

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

Funds are not presently available for performance under this contract beyond __30SEP2011_. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond _30SEP2011, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)