ICE_BUOY_BATTERY_FINAL_SOLICITATION.docx

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4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[ X] NEGOTIATION (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE NO.

7. ISSUED BY

USCG Surface Forces Logistics Center CPD3 Shared Services Division 707 E. Ordnance Road Baltimore, MD 21226-5000

8. ADDRESS OFFER TO (If other than Item 7) Erin Dugan, Contracting Specialist

NOTE: In sealed bid solicitations “offer” and “offeror” mean “Bid” and “Bidder”.

SOLICITATION

9. Sealed offers in original and __1__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in 707 E. Ordnance Road Baltimore, MD 21226 until 2:00 PM (local time) on_______.

CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all items and conditions contained in this provision.

10. FOR

INFORMATION

CALL:

A. NAME

Erin Dugan Contracting Specialist

Erin.t.dugan@uscg.mil

AREA CODE

NUMBER

762-6725

EXT

11. TABLE OF CONTENTS

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV – REPRESENTATIONS AND INSTRUCTIONS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _120__ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

15A. NAME AND

ADDRESS OF

OFFEROR

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

[ ] DIFFERENT FROM ABOVE AND ENTER

SUCH

ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

IMPORTANT – Award will be made on this Form, or Standard Form 26, or by other authorized official written notice.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).

Formal protests filed under the OPAP program should be submitted to:

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline telephone number is 202.372.3695.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

CONTRACTORS MUST PROVIDE PRICING ON ALL CLINS FOR ALL YEARS

QTY are Estimates ONLY for the Year

B.1 BASE YEAR

CLIN NSN/Item Description Est. QTY Unit Unit Price Total Price

0001a

First Article for 0001

0001b

First Article Test Plan

NSP

NSP

0001c

First Article Final Report

NSP

NSP

0001d

First Article Test Data

NSP

TOTAL PRICE OF BASE YEAR $____________________

NOTE: This is a Woman Owned Small Business Set Aside Solicitation

OPTION YEAR 1

QTY are Estimates ONLY for the Year

CLIN NSN/Item Description Est. QTY Unit Unit Price Total Price

1001a

First Article for 1001

1001b

First Article Test Plan

NSP

NSP

1001c

First Article Final Report

NSP

NSP

1001d

First Article Final Report

TOTAL PRICE OF OPTION YEAR 1 $_________________

OPTION YEAR 2

CLIN NSN/Item Description Est. QTY Unit Unit Price Total Price

2001a

First Article for 2001

2001b

First Article Test Plan

NSP

NSP

2001c

First Article Final Report

NSP

NSP

2001d

First Article Final Report

TOTAL PRICE OF OPTION YEAR 2 $____________________

OPTION YEAR 3

CLIN NSN/Item Description Est. QTY Unit Unit Price Total Price

3001a

First Article for 3001

3001b

First Article Test Plan

NSP

NSP

3001c

First Article Final Report

NSP

NSP

3001d

First Article Final Report

TOTAL PRICE OF OPTION YEAR 3 $___________________

OPTION YEAR 4

CLIN NSN/Item Description Est. QTY Unit Unit Price Total Price

4001a

First Article for 4001

4001b

First Article Test Plan

NSP

NSP

4001c

First Article Final Report

NSP

NSP

4001d

First Article Final Report

TOTAL PRICE OF OPTION YEAR 4 $________________

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This is a requirements type contract for the procurement of lithium battery packs for ice buoys to be used in support of marine navigation. Battery Packs are to be manufactured in accordance with Coast Guard Specifications P-313-0504Rev. C.

C.2. ESTIMATED QUANTITIES

The quantities shown in section B. are estimates only of the Coast Guard Surface Forces Logistics Center (SFLC) annual requirements and are not definitely ordered hereby. However, the Coast Guard SFLC is obligated to order hereunder such quantities as may be needed to fill its requirements for these items during the term of this contract. Except as otherwise provided herein the Contractor is obligated to provide all such quantities as may be required to accomplish each particular delivery order.

C.3. DELIVERY ORDERS

The execution of a contract does not constitute authority for the Contractor to ship any quantity of the items in Sections B.1 for which it has received an award. Shipment shall be made ONLY as a result of a formal Delivery order being issued against said contract by the Coast Guard SFLC. The Contractor shall fill Delivery Orders in the same sequence in which they are received, unless otherwise directed by the Contracting Officer.

C.4. ORDERING

Supplies to be furnished under this contract shall be ordered by the issuance of delivery orders by the Coast Guard SFLC, 707 E. Ordnance Road Baltimore, MD 21226. Point of Contact is Erin Dugan, Contract Specialist, at 410-762-6725, or erin.t.dugan@uscg.mil

All Delivery Orders issued hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any delivery order.

SECTION D

PACKING AND MARKING

D.1 PACKAGING, PACKING, AND MARKING

Items 0001 through 4001 shall be individually packaged and packed in accordance with ASTM3951 in order to ensure delivery at destination and prevent deterioration or damages due to the hazards of shipping, handling, and storage.

D.2 MARKING

Each unit is to be marked in accordance with MIL-STD-129, marking for shipment and storage. In addition shipping containers are to be marked with Quantity, Requirements Contract Number and Delivery Order number.

D.3 NOTE

BAR CODING IS REQUIRED and shall be in accordance with AIM BC 1.

An Offeror that takes exception to Bar Coding requirements will be deemed to have submitted a technically unacceptable proposal.

NOTE: Failure to comply with the above packaging, packing, and marking may cause rejection. Rejected items will be returned to the Contractor for correction at the Contractors expense. For identification purposes the Contractor must include a packing copy with each shipment.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far.

NUMBER TITLE DATE

E.2 INSPECTION

Items 0001-0001a and subsequent option years-Inspection will be performed by Government personnel at Contractors plant located: (Offeror indicate)

Name of Contractor Number and Street City and State

(a) The Contractor shall notify the Contracting Officer U.S. Coast Guard SFLC in writing, not later than fifteen (15) calendar days prior to material being ready for inspection.

(b) (b) Notification of Readiness for inspection is to be sent to the attention of the Contracting Officer, U.S. Coast Guard, SFLC, Shared Services Division 707 E. Ordnance Road, Baltimore, MD 21226-5000, M/F:

(Contract Number/Deliver Order Number)

E.3 GOVERNMENT ACCEPTANCE (DESTINATION)

Final acceptance shall be made by a Government representative at destination. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements of the Specification.

E.4 MATERIAL INSPECTION AND RECEIVING REPORT (DHS FORM 700-21)

At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21, Material Inspection and Receiving Report. The receiving report must include:

· An authorization number such as the contract/task order number.

· Product or service description, including contractual documents line item number.

· Quantities shipped (if applicable).

· Date(s) property or services were accepted.

· Signature, printed name, title, telephone number, and mailing address of the receiving official.

One (1) copy of the DHS Form 700-21 shall be sent to the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked "Information Only."

SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov.

NUMBER TITLE DATE

Property

F.2 52.211-8 TIME AND DELIVERY JUNE 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

[Contracting Officer insert specific details]

0001a-4003a First Article

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above may be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an Offeror offers an earlier delivery schedule than required above. If the Offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

0001a-4003a First Article

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful Offeror, results in a binding contract. The Government will mail or otherwise furnish to the Offeror an award or notice of award not later than the day award is dated. Therefore, the Offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.

F.3 DELIVERY DESTINATION-DIRECT DELIVERY

Prices shall include cost of transportation for delivery FOB Destination:

CLIN’s 0001 and each corresponding option year may be delivered to the following Coast Guard destinations:

Philadelphia, PA Baltimore, MD Portsmouth, VA Sault Ste. Marie, MI Port Huron, MI Charlevoix, MI Bayonne, NJ Saugerties, NY Newport, RI South Portland, ME Rockland, ME

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 707 E. Ordnance Road Baltimore, MD 21226, shall be the contract administrator of this contract – Erin Dugan, (410) 762-6725, erin.t.dugan@uscg.mil

G.2 ADDRESS OF CORRESPONDENCE

All correspondence, except as otherwise specified, shall be delivered to the following address:

G.3 SYSTEM FOR AWARD MANAGEMENT (SAM) AND PAYMENT INFORMATION

Coast Guard requires the contractor to submit certain information through SAM in order to facilitate EFT payment for deliveries or performance under this contract. The contractor may register at www.sam.gov. Refer to the FAR clause 52.204-7

The Data Universal Number System (DUNS) number is the primary identifier in System for Award Management (SAM). Contractors are located and identified in SAM by their DUNS number. Therefore, to facilitate payment, it is in the Contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the U.S. Coast Guard.

In addition to the requirements of 52.232-25, prompt payment, the Contractor shall indicate the Taxpayer Identification Number (TIN) on any invoice submitted for payment under this contract.

G.4 INVOICING REQUIREMENTS – FIRM-FIXED PRICE CONTRACTS

All information set forth in FAR Clause 52.232-25, Prompt Payment (See Section I), must be included in an invoice for it to constitute a proper invoice.

One Original invoice shall be submitted to Block #21 of the delivery order for payment to the following designated office:

U.S. COAST GUARD

FINANCE CENTER

P.O. BOX 4122

CHESAPEAKE, VA 23324-4122

Mark For: Contract Number: {To be furnished at the time of award} Task Order Number: {To be furnished with each individual task order}

Failure to submit directly to this office will delay prompt payment of your invoice.

One copy of the invoice shall be submitted to the Contract Administrator, Erin Dugan, Contract Specialist, NEW ELECTRONIC INVOICING: http:www.fincen.uscg.mil/secure/web_invoices_cgyard.htm.

All inquiries regarding payment should be directed to FINCEN Customer Service telephone number 757-523-6940, e-mail address: yardteam@uscg.mil

G.5 REQUEST FOR PAYMENT-FIXED PRICE CONTRACTS AND DELIVERY ORDERS FOR NON-COMMERCIAL ITEMS

A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(1) through (a)(3)(ix)] and those items are accurate. A request for payment may be on a form, such as a DHS FORM 700-21, or company letterhead as long as it meets the requirements of this clause.

If a request for payment does not include all the items required by the clause at FAR 52.323-25, Prompt Payment then the request is not proper and shall be returned with a statement of reason(s) it is not proper.

If a request for payment includes all the items required by the clause FAR 52.323-25, Prompt Payment but is inaccurate, then the request is not proper and the contractor shall be notified in writing of the error; the Government reserves the right to return an inaccurate request for payment with a statement of the reason(s) it is not proper.

G.6 RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

TELEPHONE NUMBER: _____________________

EMAIL ADDRESS: __________________________

G.7 UNAUTHORIZED INSTRUCTION FROM GOVERNMENT PERSONNEL

The Contractor shall not accept any instructions by any person employed by the U.S. Government or otherwise, other than the Contracting officer, or the Contracting Officer’s representative acting within the limits of his authority. Contracting Officers representative will also be designated in writing to the Contractor, and the scope of his authority will be set forth therein.

No information, other than that which may be contained in authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the U.S. Government or otherwise will be considered as grounds for deviation from any stipulation of the purchase instrument or reference drawings/or specification herein.

G.8 CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 VERBAL ORDERS

Orders may be verbally issued by the Contracting Officer and then followed by written confirmation when such action is in the best interest of the Government. Orders may also be issued by fax or email.

H.2 COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

Delivery orders shall be issued by the following Coast Guard activity:

H.3 DISPOSITION OF GOVERNMENT FURNISHED PROPERTY/DATA

All Government furnished property, upon transfer from the Government to the Contractor, shall be examined for completeness, proper type, quantity, and damage. The Contractor shall be fully and solely responsible for any damage to such material while in the contractor’s custody and until it is returned to the USCG Surface Forces Logistics Center and accepted by the Contracting Officer or an authorized representative.

H.4 GOVERNMENT FURNISHED PROPERTY/INFORMATION

The Government may provide, to the maximum extent practicable, the following items as Government-Furnished Property (GFP) during performance of this contract.

NSN 6160-01-576-9403

H.6 ADDRESS FOR SHIPMENT OF GOVERNMENT FURNISHED PROPERTY

Firm Name: _________________________________________

Street Address: ______________________________________

City, State, Zip Code: _________________________________

H.7 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all facilities, management, tools, supplies, labor, and equipment necessary to fulfill the requirements of the specification. The Contractor shall also provide working space for on-site Government Representatives as outlined in the Specification, Attachment J.1.

H.8 GOVERNMENT REPRESENTATIVES

(a) The Government, may upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Technical Representative(s), Resident Inspector(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

H.9 RESPONSIBILITY FOR PRODUCTION INSPECTION

The Contractor shall be responsible for the performance of all production inspection requirements as specified herein. The Contractor shall provide space, personnel, and test equipment for the conduct of production inspection requirements. Production testing and inspection shall be performed at the contractor’s plant, or at other facilities acceptable to the Coast Guard. The Contractor shall notify the Contracting Officer in writing fifteen (15) working days prior to the scheduled commencement of any tests required by this specification. During the conduct of all tests, no adjustment other than the accessible controls employed for operation of the equipment shall be made.

PART II - SECTION I

CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The full text of a clause may be accessed electronically at www.acquisition.gov.

NUMBER TITLE DATE

The following Homeland Security Acquisition Regulations are hereby incorporated by reference, with the same force and effect as if incorporated in full text. The full text of these clauses may be viewed electronically at www.dhs.gov.

NUMBER TITLE DATE

3052.205-70 Advertising Publicizing Award and Releases SEP 2012 3052.209-70 Prohibition on Contracts with Corporate

NUMBER TITLE DATE

I.2 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Section Chief of Contracting and Procurement Division, U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, and shall not be binding until so approved.

I.3 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the SAM database at http://www.sam.gov .

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

I.4 FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies or 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 the effective date of the contract through a period of one base year and four option years.

(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.

I.5 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, 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 $150,000.00;

(2) Any order for a combination of items in excess of $300,000.00; or

(3) A series of orders from the same ordering office within THIRTY (30) calendar days that together call for quantities exceeding the limitation in subparagraph (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 five (5) calendar 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.

I.6 FAR 52.216-21 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 completion of the last delivery order that is issued prior to contract expiration.

I.8 FAR 52.217-9 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 ONE (1) calendar day prior to the expiration of this contract provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 five (5) years.

I.9 FIRST ARTICLE TESTING APPROVAL-CONTRACTOR TESTING, FAR 52.209-3 (SEPT 1989)

(a) The Contractor shall test (2) two units of each item 0001 through 0004 as specified in the contract per year. At least fifteen (15) calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the first article test report within thirty (30) days from the date of the individual order place against the contract to Commanding Officer, code 042 707 East Ordnance Road, Mail Stop 25 Baltimore, MD 21226 marked “First Article Testing Report: Contract Number/Delivery Order Number _________, Item No._______” Within 15 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all modifications, or repairs to the first article or select another first article for testing. All cost s related to these tests are to be borne by the Contractor, including any and all costs for additional tests following disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) of this subsection. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed by testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this subsection, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affect by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the contractor. Before first article approval, the cost thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

PART III - SECTION J

LIST OF ATTACHMENTS

NUMBER DESCRIPTION NO. OF PAGES

J.4 Past Performance 2

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERS

K.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically www.aquisition.gov/far

NUMBER TITLE DATE

K.2 FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that –

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory –

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

K.3 FAR 52.204-5 WOMEN-OWNED BUSINESS OTHER THAN SMALL BUSINESS (MAY 1999)

(a) Definition. “Women-owned business concern,” as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representation, of this solicitation.] The offeror represents that it [ ] IS a women-owned business concern.

K.4 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that –

(i) The Offeror and/or any of its Principals –

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.