M67001-13-Q-0120_RFQ.doc

RFQ M67001-13-Q-0120

SECTION A – SOLICITATION

This is a COMBINED SYNOPSIS/SOLICITATION for a requirements contract for commercial services for Radio Reconnaissance Tactical Operators’ Course for 2nd Radio Battalion, II Marine Expeditionary Force Headquarters Group (II MHG), Camp Lejeune, North Carolina prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government intends to award a single contract as a result of this solicitation. The Government reserves the right to award without discussions, but reserves the right to engage in discussions if later determined to be in the best interest of the Government. A firm-fixed price requirements contract will be awarded for this requirement. This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Items and FAR 13.5, Test Program for Certain Commercial Items. M67001-13-Q-0120 is issued as a Request for Quotes (RFQ) to provide the Government Radio Reconnaissance Tactical Operators’ training.

The RFQ documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-68, effective 26 June 2013 and DFARS Policy Notice (DPN) 20130710. The proposed acquisition is a 100% small business set-aside. The NAICS code is 611430 with a size standard of $10.0 million. Quoters must be registered in the System for Award Management (SAM) database. Information on registering in SAM may be obtained by calling (866) 606-8220 or via the internet at http://www.sam.gov. The provision at 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition. There are addenda to this provision identified in Section L of this solicitation. The contractor shall comply with all Federal, State, and Local regulations.

Solicitation Number: M67001-13-Q-0120 Date of Issuance: 15 July 2013 Questions Due: 22 July 2013 Closing Date and Time: Tuesday, 6 August 2013 at 2:00 p.m., EDST Number of Pages: 32 pages

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INTENTION. Second Radio Battalion has a requirement for Radio Reconnaissance Team training for eight (8) to ten (10) members per class.

B.2. CONTRACT TYPE. A requirements contract, in accordance with FAR 16.503, and the clause at FAR 52.216-21, will be utilized to support this procurement.

The quantities specified in the schedule are estimates only and do not commit the Government to purchase.

Task orders issued against this contract will specify the exact items and quantities to be delivered with each order.

B.3. PERIOD OF PERFORMANCE.

B.4.

SCHEDULE OF SUPPLIES/SERVICES. SEE ATTACHMENT 1

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

Performance Work Statement for Radio Reconnaissance Tactical Operators’ Training

II Marine Expeditionary Force Headquarters Group (II MHG)

Camp Lejeune, NC

1.0. BACKGROUND. Radio Battalions are the tactical electronic warfare units of the United States Marine Corps. There are currently three operational Radio Battalions in the Marine Corps organization. In fleet operations, teams from Radio Battalions are most often attached to the command element of Marine Expeditionary Units. A Radio Battalion consists mainly of signals intelligence and electronic intelligence operators organized into smaller tactical units with different roles. Basic collection teams consist of 4–6 operators using specialized equipment based in HMMWVs, Light Armored Vehicles (LAVs) and recently Mine Resistant Ambush Protected (MRAP) vehicles. Radio Battalions must also provide Radio Reconnaissance Teams (RRT) that serve in a Special Operations role with the Marine Air Ground Task Force where the use of standard collection teams is not possible and a specialized level of training is required. The Marine Corps and Radio Battalions have no formal training that accomplishes both the Special Operations required training AND the Tactical Electronic Warfare required training. At present Radio Reconnaissance Platoons screen Radio Battalion members for suitability to perform in a Special Operations environment. They are trained by returning RRT members, who are taking a break in between a condensed deployment op-tempo. The Radio Battalions then put together the team from the available personnel screened and mix with those Radio Reconnaissance Platoon members re-deploying. There is also some specialized pre-deployment training accomplished, but due to extreme personnel shortages, a furious op-tempo and inconsistent availability of qualified trainers these are at best an ad-hoc effort. Radio Battalion has a requirement to provide an estimated three (3) Tactical Electronic Warfare classes per year to approximately eighty students (80) for a period of 36 months. The Government anticipates that each training class would train 8-10 students and last approximately 3 weeks at least semi-annually. The period of performance would need to be held at the contractor’s facility or ranges. For planning purposes, notice will be generally given no less than 60 days out; however, due to contingency missions, contactors shall be prepared to conduct class with as little as a 30 day notice.

2.0. SCOPE. The class should provide Technical Electronic Warfare and Tactical Defense Measures training to pre-screened Radio Reconnaissance Platoon members in urban or 'field' conditions. The contractor shall provide training on utilizing RRT organic weapons systems and collections systems in static and mobile operations sites. Due to operational requirements it is requested that all training be completed within a 45 day cycle per class. These services will include but are not limited to training classes on the following subjects:

2.1. Radio Frequency Studies

2.2. Antenna Theory.

2.3. Apprehension Avoidance

2.4. Tactical Combatives

2.4.1. Hand to hand

2.4.2. Rifle/Carbine

2.4.3. Pistol

2.5. Wire Antenna Construction

2.6 Targeted EW Systems training

2.7 Mission Planning

2.8 Operations Site set up

2.8.1 Static

2.8.2 Mobile

2.9 Defense of Operations Site

2.9.1 Static

2.9.2 Mobile

2.10 Special Tactical Communication

2.11 GeoLoc Training

2.12 Field Training Exercises

3.0 COMPLIANCES.

3.1 The contractor must provide a course of instruction that complies with the following regulations (this listing is not all inclusive and subject to change):

3.1.1. Applicable Marine Corps Orders (MCO).

MCO 3501.41Training and Readiness Manual

3.1.2. Applicable Marine Corps Warfighting doctrine and publications (MCWP).

MCWP 2-22, Signals Intelligence, 13 July 2004

MCWP 2-25, Ground Reconnaissance Operations

3.1.3. Applicable Navy Marine Corp (NAVMC) Directives.

NAVMC 3500.105 Signals Intelligence Training and Readiness Manual

NAVMC 3500.55 Reconnaissance Training and Readiness Manual

4. Systems Approach to Training Manual (SAT Process).

4.0 REQUIREMENTS. The contractor shall provide the following:

4.1 Tailored Radio Frequency Theory developed and delivered in the SAT model taught using a semi-realistic, live signal setting. Functional sub-tasks under this area include: Antenna Theory and practical application, Radio Wave Propagation, Technology Application in Urban and Field environments, & Emerging Technologies.

4.1.1 Contractor shall have access or be able to gain access, to current Tactics Techniques and Procedures, Lessons Learned, and After Actions related to the employment of antennas and technologies available in the systems in 2d Radio Battalions area of responsibility. An initial planning meeting will be scheduled after award of the contract and prior to the first training session for an exchange of information between the contractor and the subject matter experts in the battalion’s operations section.

4.1.2 The contractor shall provide all required curriculum and materials relevant to Antenna Theory and practical application, Radio Wave Propagation, Technology Application in Urban and Field environments, & Emerging Technologies.

4.1.3 The contractor shall have access to all equipment and the information available through Marine Corps Systems Command (MARFORSYSCOM) for SIGINT Suite 3, and its components HIDRAH, AOR 8200, XR2000, DRT, PRC-150, PRC-117, PRC-148 & Expeditionary Power sources.

4.1.5 The contractor shall be able to provide instruction on issuing and reaction to warning orders and structured mission prep exercises culminating in a Field Training exercise simulating semi-realistic live signal setting

4.1.5 Tailored Radio Frequency Theory Class Instructor Qualifications.

4.1.5.1 Instructors shall have a minimum of one (1) year experience teaching applied RF theory in support of real world tactical SIGINT/EW operations in the last three (3) years and have attended and completed military formal school training programs or private/civilian training within the last ten(10) years. Instructor’s resume shall have certificates from their military/civilian schools.

4.1.6. Contractor shall provide certificates of completion to students upon successful completion of class.

4.2 Tailored Electronic Warfare (EW) Systems training to include tactical communications equipment using USMC supplied EW systems & incorporated in semi-realistic live signal setting. Functional sub-tasks under this area include: SS3, and its components HIDRAH, AOR 8200, XR2000, DRT, PRC-150, PRC-117, PRC-148 & Expeditionary Power sources.

4.2.1 Technical Electronic Warfare Class Instructor Qualifications

4.2.1.1 Instructors shall have a minimum of one (1) year experience teaching applied Technical Electronic Warfare in support of real world tactical missions in the last three (3) years and have attended and completed military formal school training programs or private/civilian training within the last ten (10) years. Instructor’s resume shall have certificates from their military/civilian schools.

4.2.2.2 Instructors shall know Marine Corps terminology used in conjunction with technical electronic warfare and associated systems operations.

4.3 Rapid Response Mission Planning training requiring formulation of Team SOPs as well as practical application of writing orders & delivering briefings to simulated higher command. Functional sub-tasks under this area include: issuing and reaction to warning orders and structured mission prep exercises culminating in a Field Training exercise simulating semi-realistic live signal setting.

4.4 Tailored Personal and Team Defense Measures training to equip Radio Reconnaissance Team members' mental and physical skills to avoid, meet, defeat and survive enemy attacks in high risk environments. Functional sub-tasks under this area include: Situational Self-Offense, Basic Strikes, Apprehension Avoidance, Hide Site Construction, Restraints Defeat, Combatives, Mobile/Static Hide sites.

4.4.1 The contractor shall provide all required equipment necessary for instruction and practical application of Situational Self-Offense, Basic Strikes, Apprehension Avoidance, Hide Site Construction, Restraints Defeat, Combatives, Mobile/Static Hide sites.

4.4.2 Contractor shall provide all weapons and ammunitions for instruction and practical application of Weapons Marksmanship/Manipulation, Immediate Action, Remedial Action, Multiple Shots, Failure to Stop, Pistol Marksmanship, Pistol Presentation, Tactical reloads, Close Defensive Fire, Multiple Assailant, Vehicle Egress fires.

4.4.3 Contractor shall provide certificates of completion to students upon successful completion of class.

4.4.4 Tailored Personal and Team Defense Measures Class Instructor Qualifications

4.4.4.1 Instructors shall have a minimum of one (1) year experience teaching applied tailored personal and team defense measures in real world scenarios in the last three (3) years and have attended and completed military formal school training programs or private/civilian training in the last ten(10) years. Instructor’s resume shall have certificates from their military/civilian schools.

4.5 Tailored Weapons Training using carbine and handgun building upon basic Marine Corps marksmanship skill in diverse defensive positions to include but not limited to firing at and from vehicles, barricades and other static and mobile situations developing confidence to shoot and move without casualty. Functional sub-tasks under this area include: Weapons Marksmanship/Manipulation, Immediate Action, Remedial Action, Multiple Shots, Failure to Stop, Pistol Marksmanship, Pistol Presentation, Tactical reloads, Close Defensive Fire, Multiple Assailant, Vehicle Egress fires.

4.5.1 Tailored Weapons Training Class Instructor Qualification

4.5.1.1 Instructors shall have a minimum of one (1) year experience teaching applied advanced weapons handling procedures in real world scenarios in the last three (3) years and have attended and completed military formal school training programs or private/civilian training in the last ten (10) years. Instructor’s resume shall have certificates from their formal/civilian schools.

4.6 Total Training Circuit duration. It is anticipated that up to 3 classes could be required over the course of a 12 month period. The contractor shall determine the length of each class.

4.7 Class Size. Class size shall be 8-10 students per class.

4.8 Sample Syllabus and Class Schedule. A sample syllabus is provided below for information purposes only. A sample course schedule is included at Attachment 2 for information purposes only. The total time estimated is not expected to exceed 20 days.

4 .5 Classrooms, Ranges, and Facilities. The contractor shall provide classrooms, ranges and facilities.

4.5.1 The Contractor shall provide all necessary gear and equipment in order to execute training for all contracted instructors and students.

4.5.2 The Contractor shall provide all necessary training venues, materials, and class curriculum (as required).

5.0 LOCATION. The primary place of performance shall be at the Contractor’s facility.

5.1 Minimum Contractor Facility Requirements. The activity requires a single complex or training venues that can provide all of the consolidated resources (personnel, materials, facilities, ranges and training areas) to enhance the individual and collective team level skills of the force being trained. The awarded contractor’s training site(s) shall possess, at a minimum, all necessary Specialty Ranges, Target Arrays, Training Areas and Facilities to fulfill the multidiscipline training and logistical requirements of this PWS. If training is to take place at multiple sites , then the distance betweeen each site shall not exceed a 30 minute drive with transportation provided by the contractor. No site shall be more that a 30 minute drive from available lodging.

5.2 Lodging / Billeting Requirements:

5.2.1 Lodging/Billeting, student meals and transportation to and from the facility will be the responsibility of 2nd Radio Battalion.

6.0 CONTRACTOR RESPONSIBILITIES.

6.1 Contractor personnel shall maintain a clean and professional uniform appearance in their work wear items (trousers, shirts, foul weather gear, etc.). The Contractor personnel shall wear attire so as to differentiate students from instructors. All uniforms, work wear, foul weather gear, or other necessary items required by contract personnel are the responsibility of the Contractor.

6.2 The Contractor shall provide any necessary protective gear for the 8-10 students that is required to execute their duties at the training site only.

6.3 The Contractor shall provide all necessary gear and equipment in order to execute training for all contracted instructors.

6.4 The Contractor shall provide all necessary training sites, materials, and class curriculum (as required).

6.5 The Contractor is responsible for complying with instruction/training standards in accordance with the regulations mentioned in paragraph three of this PWS.

6.6 The Contractor shall provide instructor cadre that must consist of a combination able to provide tactical relevance to the class materials.

6.7 The Contractor shall provide all gear, training, and materials necessary for students to conduct all training. The awarded contractor shall also provide:

7.0 DELIVERABLES

7.2.1 A roster of participants successfully completing the Training Package.

7.2.2 Contractor shall make available to the designated COR, the results of their evaluations or training records upon request.

7.2.3 Comprehensive After Action Assessment of attending personnel’s performance.

8.0 CONTRACTOR REPORTING REQUIREMENTS

NMCARS SUBPART 5237.1—SERVICE CONTRACTS GENERAL 5237.102 Policy

5237.102(90)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the training via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil .

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

9.0 GOVERNMENT RESPONSIBILITIES.

9.1 Government provided Items, Equipment and Materials.

9.1.1 The government will be responsible for all transportation. This includes air/ground travel to and from Camp Lejeune to the training site as well as to and from lodging/billeting location to the training site.

*NOTE - vehicles are for transportation purposes only and SHALL NOT be used for any training.

9.1.2 The Government will be responsible for all lodging/ billeting.

9.1.3 The Government will be responsible for all meals.

SECTION D – PACKAGING AND MARKING

NOT APPLICABLE

SECTION E – INSPECTION AND ACCEPTANCE

E.1

INSPECTION & ACCEPTANCE TERMS

Supplies/Services will be inspected/accepted at:

CLIN

INSPECT AT

INSPECT BY

ACCEPT AT

ACCEPT BY

All Destination

Government Destination

Government

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Services shall be provided according to the specifications and requirements as defined in this solicitation/contract.

F.2 REQUIRED PERIOD OF PERFORMANCE. The Government requires performance starting at the time of contract award.

F.3.

LOCATION. Training shall be conducted at the Contractor’s facility/complex.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA. To be shown on individual task orders.

G.2

CONTRACT ADMINISTRATION OFFICE.

a. All contract administration functions will be retained by the Marine Corps Installations (MCI) East Contracting Department, Camp Lejeune, North Carolina.

b. All inquiries and correspondence concerning the administration of the contract shall be addressed to:

Contracting Department

PO Box 8368, MCIEAST-MCB (M67001-13-D-****)

Camp Lejeune, NC 28547-8368

CONTRACT ADMINSTRATOR: Tracy Fulks

Telephone Number: (910) 451-1256

NOTE: COLLECT CALLS WILL NOT BE ACCEPTED

G.3 INVOICING INSTRUCTIONS. Contractor shall invoice as reflected within Section B of the contract. Contractor shall invoice in accordance with DFARS clause 252.232-7006 of the resulting contract.

G.4 QUOTERS PAYMENT ADDRESS. The offeror shall include the payment address in the quote, if it is different from that shown for the offeror.

SECTION I – CONTRACT CLAUSES AND PROVISIONS

CLAUSES and PROVISIONS INCORPORATED BY REFERENCE

Federal Acquisition Regulation (FAR) Clauses

52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.204-4 Printed or Copied Double-Sided on Recycled Paper 52.212-4 Contract Terms and Conditions -- Commercial Items

52.229-3 Federal, State, and Local Taxes

52.242-13 Bankruptcy 52.243-1 Changes -- Fixed-Price

Department of Defense FAR Supplement (DFARS) Clauses

252.201-7000 Contracting Officer's Representative

252.203-7002 Requirements to Inform Employees of Whistleblower Rights 252.204-7003 Control of Government Personnel Work Product 252.204-7004 Alternate A, Central Contractor Registration 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country 252.225-7002 Qualifying Country Sources as Subcontractors 252.232-7010 Levies on Contract Payments 252.243-7001 Pricing of Contract Modifications

CLAUSES INCORPORATED BY FULL TEXT

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 this/these address(es):

http://farsite.hill.af.mil/ (End of Clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2012)

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

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

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

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

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

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

_X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

_X__ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

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

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

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_X__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19) (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).

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

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (34) 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.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (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.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (37) (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.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Mar 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 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)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X__ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (51) (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).

___ (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:

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

___ (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.).

___ (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.).

___ (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.).

___ (5) 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. 351, et seq.).

___ (6) 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.).

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

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million 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 Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (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. 351, 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) 52.226-6, 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.

(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) 52.216-18 – 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 start of contract through two (2) months prior to the end.

(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 (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 class 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 1 class;

(2) Any order for a combination of items in excess of 1 class; or

(3) A series of orders from the same ordering office within 60 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 3 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 (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 45 days after contract end date.

(End of Clause)

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 14 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 36 months.

(End of Clause)

252.211-7003 ITEM IDENTIFICATION AND VALUATION (JUN 2011)

(a) Definitions. As used in this clause—

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means—

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

“DoD unique item identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“Government’s unit acquisition cost” means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise (i.e., Dun & Bradstreet’s Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/ Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/web/Normen-ontwikkelen/ISOIEC-15459-Issuing-Agency-Codes.htm.

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) All delivered items for which the Government’s unit acquisition cost is $5,000 or more.

(ii) The following items for which the Government’s unit acquisition cost is less than $5,000:

Contract Line, Subline, or Exhibit Line Item Number Item Description

NONE

(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number __.

(2) The unique item identifier and the component data elements of the DoD unique item identification shall not change over the life of the item.

(3) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(4) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent; and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in the version of MIL-STD-130, Identification Marking of U.S. Military Property, cited in the contract Schedule.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires unique item identification under paragraph (c)(1)(i) or (ii) of this clause, in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of, or associated with, the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is…