16T0081_sol.pdf

SEE ADDENDUM

(No Collect Calls)

N00164-16-T-0081 14-Apr-2016

b. TELEPHONE NUMBER

812-854-1324

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 27 Apr 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001649. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SETH TAYLOR

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

S. TAYLOR (812-854-1324)

BLDG 3373

300 HWY 361

CRANE IN 47522-5001

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 812-854-1324 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

325920

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF62

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N00164-16-T-0081

Section SAP - SAP Continuation Sheet

ITEM NO SUPPLIES/SERVICES QTY U/I UNIT PRICE AMOUNT

0001 BLASTEX 2-1/2 X 16 IN

Small & Large Diameter Cast Booster Sensitive Emulsion (Packaging – Chub, 12 per case, Net Explosive Weight / Chub = 3.33 Lbs.)

1 EA=1 LB, 11200 EA=11200 LB

MSDS #1063

DOT Hazard Shipping Description: UN0332 Explosive, blasting, type E 1.5D II Shelf Life: 1 year

Shipping Destination: N00246

NMC DET NORTH ISLAND

ROGER CURTIS

NAS NORTH ISLAND

BLDG 744 ROGERS RD

SAN DIEGO CA 92135-7033

(619) 545-9396

UIC: N61047

***REQUESTING SPLIT DELIVERY OF

THIS ITEM DUE TO 1 YEAR SHELF LIFE.

BLASTEX SHALL BE PRODUCED WITHIN

60 DAYS OF DELIVERY TO ENSURE

MAXIMUM SHELF LIFE AVAILABLE. ***

***5600 LBS DELIVERED 56 DAYS

AFTER AWARD (4 BOXES)

***5600 LBS DELIVERED 180 DAYS

AFTER AWARD (4 BOXES)

A RESPONSIVE QUOTE SHALL CONSIST

OF THE FOLLOWING

• Signed SF 1449 (ALL PAGES RETURNED

AND COMPLETED)

• 52.211-8 Time Of Delivery SF 1449 Delivery schedule filled out with Quoters delivery dates.

• All pricing must be entered in the PRICING

MATRIX.

• Technical Acceptance Evaluation Matrix completely filled out.

CNIN-SAP-023 SOLE SOURCE

PROCURMENT (MAY 2005)

The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source, Dyno Nobel 2795 E. Cottonwood Pkwy Ste 500, Salt Lake City, UT 84121-5695 and authorized dealers/distributors/resellers only.

All other offerors may submit a quote that will

11,200 Each be reviewed by the Government. However, a determination by the Government not to compete with this proposed contract based upon responses to this solicitation is solely within the discretion of the Government.

Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

FSC/PSC: 1375

FOB: Destination

FFP

0002 Trojan Spartan

Spartan 450 (1 LB) Booster (36 per Case)

MSDS #1108

DOT Hazard Shipping Description: Booster

1.1D UN0042 II

Shelf Life: 5 Years

Shipping Destination: N00246

NMC DET NORTH ISLAND

ROGER CURTIS

NAS NORTH ISLAND

BLDG 744 ROGERS RD

SAN DIEGO CA 92135-7033

(619) 545-9396

UIC: N61047

*PRODUCTION MADE WITHIN 1 YEAR

OF DELIVERY*

396 Each

0003 Over Pack Box/Pallet

IAW Salient Characteristics (Deliver to San Clemente Island)

Shipping Destination: N00246

NMC DET NORTH ISLAND

ROGER CURTIS

NAS NORTH ISLAND

BLDG 744 ROGERS RD

SAN DIEGO CA 92135-7033

(619) 545-9396

UIC: N61047

*PRICE SHALL INCLUDE SHIPPING AND

OVER PACK BOX/PALLET

8 Each

0004 Trojan Spartan

Spartan 450 (1 LB) Booster (36 per Case)

MSDS #1108

DOT Hazard Shipping Description: Booster

1.1D UN0042 II

Shelf Life: 5 Years

Shipping Destination: N4434A

NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625

UIC: N4434A

360 Each

0005 Nonel EZ Det 1.4B

40’ EZ Det 17/500 (30 Units per Case, 2 Cases strapped together = 60 Units)

MSDS #1122

DOT Hazard Shipping Description: UN0361 Detonator assemblies, non-electric 1.4B II Shelf Life: 3 Years

Shipping Destination: N4434A

NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625

UIC: N4434A

*PRODUCTION SHALL BE WITHIN 6-12

MONTHS PRIOR TO DELIVERY TO

ALLOW 2 YEARS STORAGE AND

FUNCTION CAPABILITY*

300 Each

0006 Nonel EZ Det 1.4B

40’ EZ Det 42/500 (30 Units per Case, 2 Cases strapped together = 60 Units)

MSDS #1122

DOT Hazard Shipping Description: UN0361 Detonator assemblies, non-electric 1.4B II Shelf Life: 3 Years

Shipping Destination: N4434A

NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625

UIC: N4434A

*PRODUCTION SHALL BE WITHIN 6-12

MONTHS PRIOR TO DELIVERY TO

300 Each

0007 Nonel Starter

1000’ NONEL STARTER

(4 Spools per Case)

MSDS #1122

DOT Hazard Shipping Description: UN0361 Detonator assemblies, non-electric 1.4B II Shelf Life: 3 Years

Shipping Destination: N4434A

NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625

UIC: N4434A

*PRODUCTION SHALL BE WITHIN 6-12

MONTHS PRIOR TO DELIVERY TO

20 Each

0008 Delivery

Shipping Destination: N4434A

NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625

UIC: N4434A

1 Lot

0009 Informational CLIN

Option 1 for CLIN 0001-0008 Ordering Period: October 1, 2016 thru September 30, 2017

Actual quantities will be determine at the time options are excercised.

Total value for Options will not exceed $70,000.00.

52.217-5 -- Evaluation of Options.

Evaluation of Options (Jul 1990) Except when it is determined in accordance with Far 17.206(b) not to be in the Government's best interest, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirment. Evaluation of options will not obligate the Government to exercise the option(s).

OPTION

0009AA Option for CLIN 0001

BLASTEX 2-1/2 X 16 IN

Small & Large Diameter Cast Booster Sensitive Emulsion (Packaging – Chub, 12 per case, Net Explosive Weight / Chub = 3.33 Lbs.)

1 EA=1 LB, 11200 EA=11200 LB

MSDS #1063

DOT Hazard Shipping Description: UN0332 Explosive, blasting, type E 1.5D II Shelf Life: 1 year

Shipping Destination: N00246

NMC DET NORTH ISLAND

ROGER CURTIS

NAS NORTH ISLAND

BLDG 744 ROGERS RD

SAN DIEGO CA 92135-7033

(619) 545-9396

UIC: N61047

***REQUESTING SPLIT DELIVERY OF

THIS ITEM DUE TO 1 YEAR SHELF LIFE.

BLASTEX SHALL BE PRODUCED WITHIN

60 DAYS OF DELIVERY TO ENSURE

MAXIMUM SHELF LIFE AVAILABLE. ***

***X LBS DELIVERED 90 DAYS AFTER

THE DATE THE OPTION IS EXERCISED

(X BOXES)

***X LBS DELIVERED 180 DAYS AFTER

THE DATE THE OPTION IS EXERCISED

(X BOXES)

1 Each

FSC/PSC: 1375

0009AB Option CLIN 0002

Trojan Spartan Spartan 450 (1 LB) Booster (36 per Case)

MSDS #1108

DOT Hazard Shipping Description: Booster

1.1D UN0042 II

Shelf Life: 5 Years

Shipping Destination: N00246

NMC DET NORTH ISLAND

ROGER CURTIS

NAS NORTH ISLAND

BLDG 744 ROGERS RD

SAN DIEGO CA 92135-7033

(619) 545-9396

UIC: N61047

FSC/PSC: 1375

0009AC Option CLIN 0003

Over Pack Box/Pallet IAW Salient Characteristics (Deliver to San Clemente Island)

Shipping Destination: N00246

NMC DET NORTH ISLAND

ROGER CURTIS

NAS NORTH ISLAND

BLDG 744 ROGERS RD

SAN DIEGO CA 92135-7033

(619) 545-9396

UIC: N61047

*PRICE SHALL INCLUDE SHIPPING AND

OVER PACK BOX/PALLET

FSC/PSC: 1375

0009AD Option CLIN 0004

Trojan Spartan Spartan 450 (1 LB) Booster (36 per Case)

MSDS #1108

DOT Hazard Shipping Description: Booster

1.1D UN0042 II

Shelf Life: 5 Years

Shipping Destination: N4434A

NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625

UIC: N4434A

FSC/PSC: 1375

0009AE Option CLIN 0005

Nonel EZ Det 1.4B 40’ EZ Det 17/500 (30 Units per Case, 2 Cases strapped together = 60 Units)

MSDS #1122

DOT Hazard Shipping Description: UN0361 Detonator assemblies, non-electric 1.4B II Shelf Life: 3 Years

Shipping Destination: N4434A

NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625

UIC: N4434A

*PRODUCTION SHALL BE WITHIN 6-12

MONTHS PRIOR TO DELIVERY TO

FSC/PSC: 1375

0009AF Option CLIN 0006

Nonel EZ Det 1.4B 40’ EZ Det 42/500 (30 Units per Case, 2 Cases strapped together = 60 Units)

MSDS #1122

DOT Hazard Shipping Description: UN0361 Detonator assemblies, non-electric 1.4B II Shelf Life: 3 Years

Shipping Destination: N4434A

NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625 FOB: Origin

UIC: N4434A

*PRODUCTION SHALL BE WITHIN 6-12

MONTHS PRIOR TO DELIVERY TO

FSC/PSC: 1375

0009AG Option CLIN 0007

Nonel Starter

1000’ NONEL STARTER

(4 Spools per Case)

MSDS #1122

DOT Hazard Shipping Description: UN0361 Detonator assemblies, non-electric 1.4B II Shelf Life: 3 Years

Shipping Destination: N4434A

NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625 FOB: Origin

UIC: N4434A

*PRODUCTION SHALL BE WITHIN 6-12

MONTHS PRIOR TO DELIVERY TO

FSC/PSC: 1375

0009AH Option CLIN 0008

Shipping Destination: N4434A

NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625 FOB: Origin

UIC: N4434A

FSC/PSC: 1375

SALIENT CHARACTERISTICS

Over Pack Box/Pallet Requirements:

1. 2 X 4 framework used inside the box around the top and bottom edges of the box for providing strength.

2. Each joint glued and fastened with stainless steel staples.

3. 3/4" plywood top shall be screwed on for ease of removal.

4. Waterproof

5. Suggested Size Dimensions: 4’ x 4’ square, Height 4’ to 4.5’.

6. Capable of being lifted by sling (Reference Document: OR‐67 158 A.)

7. Capable of being transported with fork lift.

8. Compliant with International Standards for Phytosanitary Measures No. 15 (ISPM‐15).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0009AA Destination Government Destination Government 0009AB Destination Government Destination Government 0009AC Destination Government Destination Government 0009AD Destination Government Destination Government 0009AE Destination Government Destination Government 0009AF Destination Government Destination Government 0009AG Destination Government Destination Government 0009AH Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 56 dys. ADC 5,600 NAVAL AIR STATION NORTH ISLAND

ROGER CURTIS

WEAPONS DEPARTMENT

BOX 357047 BLDG 743

SAN DIEGO CA 92135-7033

619-545-9396

N00246

0001 180 dys. ADC 5,600 (SAME AS PREVIOUS LOCATION)

0002 8 wks. ADC 396 (SAME AS PREVIOUS LOCATION)

0003 56 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0003 180 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0004 8 wks. ADC 360 NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625

N4434A

0005 8 wks. ADC 300 (SAME AS PREVIOUS LOCATION)

0006 8 wks. ADC 300 (SAME AS PREVIOUS LOCATION)

0007 8 wks. ADC 20 (SAME AS PREVIOUS LOCATION)

0008 8 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

0009 8 wks. ADC N/A

0009AA 8 wks. ADC 1 NAVAL AIR STATION NORTH ISLAND

ROGER CURTIS

WEAPONS DEPARTMENT

BOX 357047 BLDG 743

SAN DIEGO CA 92135-7033

619-545-9396

0009AB 8 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

0009AC 8 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

0009AD 8 wks. ADC 1 NAVY MUNITIONS COMMAND

DAVID VARNER

RECEIVING OFFICER

1 ADMINISTRATION CIRCLE

BLDG 31060

CHINA LAKE CA 93555

(760) 939-0625

0009AE 8 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

0009AF 8 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

0009AG 8 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

0009AH 8 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.211-17 Delivery of Excess Quantities SEP 1989 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.223-7002 Safety Precautions For Ammunition And Explosives MAY 1994 252.223-7003 Changes In Place Of Performance--Ammunition And

Explosives

DEC 1991

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7013 Duty-Free Entry--Basic (Nov 2014) NOV 2014 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program--Basic (Nov 2014)

NOV 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.211-8 -- Time of Delivery.

As prescribed in 11.404(a)(2), insert the following clause:

Time of Delivery (Jun 1997)

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

REQUIRED DELIVERY SCHEDULE

[Contracting Officer insert specific details]

ITEM NO. QUANTITY WITHIN WEEKS AFTER DATE

OF CONTRACT

CLIN 0001 5,600 EA

5,600 EA

EA = LB

8 Weeks ADC/56 Days

180 Days ADC

CLIN 0002 384 EA 8 Weeks ADC

CLIN 0003 4 EA

4 EA

8 Weeks ADC/ 56 Days

180 Days ADC

CLIN 0004 360 EA 8 Weeks ADC

CLIN 0005 300 EA 8 Weeks ADC

CLIN 0006 300 EA 8 Weeks ADC

CLIN 0007 20 EA 8 Weeks ADC

CLIN 0008 1 Lot 8 Weeks ADC

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, will 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

ITEM NO. QUANTITY WITHIN WEEKS AFTER DATE

OF CONTRACT

CLIN 0001 5,600 EA

5,600 EA

EA = LB

CLIN 0002 384 EA

CLIN 0003 4 EA

4 EA

CLIN 0004 360 EA

CLIN 0005 300 EA

CLIN 0006 300 EA

CLIN 0007 20 EA

CLIN 0008 1 Lot

(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.

(End of Clause)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

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

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

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

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

3903) and prompt payment regulations at 5 CFR part 1315.

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

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

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

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

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

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

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

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

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (MAR 2016)

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

(a) 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.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi)

___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM

(MAR 1989)(NAVSEA VARIATION I)(OCT 1990)

The Government may require the delivery of the numbered line item(s)/subline item(s), identified in the Schedule as an option item(s), in the quantity and at the price(s) stated in the Schedule. If more than one option exists, each option is independent of any other option, and the Government has the right to unilaterally exercise any such option, in whole or in part up to the total quantity specified in the option item, whether or not it has exercised other options.

Option(s) shall be exercised, if at all, by written or telegraphic notice(s) signed by the Contracting Officer and sent within the time(s) specified below:

ITEM(S) LATEST OPTION EXERCISE DATE

CLIN 0001 September 30, 2017 CLIN 0002 September 30, 2017 CLIN 0003 September 30, 2017 CLIN 0004 September 30, 2017 CLIN 0005 September 30, 2017 CLIN 0006 September 30, 2017 CLIN 0007 September 30, 2017 CLIN 0008 September 30, 2017

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through

(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is…