4th Quarter Food 2012.pdf

~TICE TO BIDDEFa

FAILURE TO FOLLOW THESE DIRECTIONS AND COMPLETE AND RETURN THE REOUIRED INFORMATION MAY RESULT

IN YOUR QUOTATION BEING REJECTED IN ITS ENTIRETY.

The attached Request for Quotation (RFQP06021200009) has been provided for your consideration. This RFQ is for Subsistence. Subsistence orders are set-aside 100% for Small Business.

You now have the option to accept Credit Card as a method of payment or Electronic Payment.

However, if your awarded contract is over $30,000.00, you must accept Electronic Payment.

This solicitation is due in the Contracting Office no later than June 11, 2012 with award being issued approximately June 15, 2012.

Delivery will be required on all items by July 13,2012. Items not delivered by July 20, 2012 will be considered cancelled. No partial shipments will be accepted unless specified. Delivery hours are Monday - Friday from 6:30 am - 12:00 pm. Holidays excluded. Please schedule delivery by calling (925)833-7500, X361.

In order for your offer to be considered, please follow the instruction given here:

• SPECIFY YOUR PACKAGE SIZING. IF I CANNOT TELL WHAT THE SIZE OF THE

PACKAGING IS, YOUR ITEM WILL NOT BE ACCEPTED.

FOB Destination and all items without Federal or Commercial specifications should be listed as "Best Commercial Standards." If the items do not meet the standards or are too close to the expiration date, our Food Service Administrator WILL return the product to you at your cost.

• Payment will be made upon delivery of all items under the contract and will be billed as one line item. Do not bill per ship or your bid will be disqualified in regard to future orders.

• No all or none bids will be accepted. Please bid items in units specified and carry your totals in the space provided. You must jill out blocks 17(a), 30(a) and 30(b) on attached Standard Form 1449.

• ONLY BID ON ITEMS YOU CANAND WILL PROVIDE. It cost the Government extra money in administrative cost to modify orders. If you cannot provide product that you bid and accepted award for, you will be removed from the bidders list.

Vendors must have a valid and current DUNS number. Failure to complete on line registration through the Central Contractor Registration site will result in your bid being rejected.

We look forward to doing business with you. If you have any questions, please do not hesitate to call. My number is 925-833-7546. Thank you http:30,000.00

BIDS WILL BE ACCEPTED BY MAIL OR E-MAIL

E,.MAIL ADDRESS: RX1GARCIA@BOP.GOV

YOU MAY SUBMIT YOUR BID BY MAIL OR BY E-MAIL. HOWEVER, IN ORDER TO ENSURE

YOUR BID IS RECEIVED BY E-MAIL, YOU MUST RECEIVE A REPLY BACK CONFIRMING

YOUR BID HAS BEEN RECEIVED. IF YOU DO NOT RECEIVE A REPLY OF CONFIRMATION

AND YOUR BID IS NOT CONSIDERED, YOU WILL HAVE NO BASIS FOR ARGUMENT.

IF YOU HAVE NOT RECEIVED CONFIRMATION, YOU MAY CONTACT ME AT (925)833-7546.

PROCEDURES FOR MAIL IN BIDS:

PREFERRABLY MAIL BY TRACKING TO ENSURE CONFIRMATION OF RECEIPT.

ROXANN GARCIA

FOOD SUBSISTENCE

FCI, DUBLIN

5701 8TH STREET

DUBLIN, CA 94568

PROCEDURES FOR E-MAILED BIDS:

E-MAIL ADDRESS: RXIGARCIA@BOP.GOV

SUBJECT LINE: RFQP06021200009

mailto:RXIGARCIA@BOP.GOV mailto:RX1GARCIA@BOP.GOV

NAME OF COMPANY:___________

ADDRESS:______________

CITY, STATE, & ZIP:____________

POINT OF CONTACT:___________

PHONE:_______________

FAX:_______________________________ __

·EMAIL ADDRESS TO RECEIVE ABSTRACT:______

TAX IDENTIFICATION NUMBER:_______

DUNS NUMBER:____________

THE ITEM BELOW MUST BE ANSWERED YES OR YOU WILL NOT

BE ABLE TO CONDUCT BUSINESS WITH THE GOVERNMENT.

Are you CCR Registered? ____yes ____,no www.ccr.gov http:www.ccr.gov

RFQP06021200009 Page 1 of 19

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL:

9. ISSUED BY

Federal Bureau of Prisons

3, AWARD/EFFECTIVE

DATE

a. NAME

Roxann Garcia

CODE

925·833·7546

10. THE ACQUISITION IS UNRESTRICTED OR

0 WOMAN-OWNED SMAlL BUSINESS

% FOR:

1)(1 SMAlL BUSINESS

FCI Dublin

5701 8TH STREET

CAMP PARKS

DUBLIN, CA 94568

UNLESS BLOCK IS MARKED

DSEE

SCHEDULE

Federal Bureau of Prisons FCI Dublin

5701 8TH STREET

17a. CONTRACTORI CODE

OFFEROR

l.::J (WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED SMALL BUSINESS NAICS: 424410

O HUBZONE SMAlL 0 ECONOMICAlLY DISADVANTAGED

BUSINESS WOMEN-OWNED SMALL BUSINESS

SIZE STANDARD: DOl

O

SERVICE-DISABLED (EDWOSB)

VETERAN-OWNED 0 8(A)

SMAlL BUSINESS

[R]RFQ D IFB DRFP

CODE

CODE

NET 30

CODE

D13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Dublin

5701 8TH STREET

CAMP PARKS

DUBLIN, CA 94568

IF REMITIANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER IN BlOCK lila UNLESS BLOCK BELOW IS

FCI, Dublin is soliciting food items from the National Menu for the 4th Quarter Subsistence.

See Continuation Sheet(s) (V3t Ileveru und/or AUt'lCh Addt/tonal Shntt iLf Net:f'."'fun)

AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Gov!.

270. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATIACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATIACHED. ADDENDA

ARE NOT ATIACHED

ARE NOT ATIACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER AlL ~ET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER DATED .

YOUR OFFER ON SOliCITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFERORICONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30e. DATE SIGNED 31b. NAME OF THE

Roxann Garcia

(Type or print) 31c. DATE SIGNED

05129/2012

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 512011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

RFQP06021200009 Page 2 of 19

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT. EXCEPT AS NOTED: ____________

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

REPRESENTATIVE GOVERNMENT REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

DCOMPLETE DPARTIAL DFINAL

D PARTIAL D FINAL

38. SIR ACCOUNT NO. 9. SIR VOUCHER NUMBER 40. PAID BY

41a.1 CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YVIMMlOO) I42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 5J201I) BACK

RFQP06021200009 Page 3 of 19

Table of Contents

~ Description Pae:e Number

I

Solicitation/Contract Fonn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I Commodity or Services Schedule Contract Clauses

52.212-4 Contract Tenns and Conditions--Commercial Items (Feb 2012) 52.212-5 Contract Tenns and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2012) 52.249-8 Alt I Default (Fixed-Price Supply and Service) (Apr 1984)- Alternate I (Apr 1984) ....... II

List ofAttachments Solicitation Provisions

RFQP06021200009 Page 4 of 19

Section 2· Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beans, Kidn1Y' Canned, 6/#10 Cans Per Case, In Brine t

Light or Dark Red, U Grade A or B, CID A-A-20134B, Type 1, lass D, E or I, Style 1

100.000000 CS $ $

0002 Beans, Dry, Pinto, Whole, CID A-A-20337, Type II Class 1 5,000.000000 LB $ $

0003 Cereal, Ready to Eat, Bulk Packa~e Ran~e-12 to 40 Ib Case, Wheat Flakes, CID A-A-20000C, ype I, lass 3

322.000000 CS $ $

0004 Cereal, Wheat, Quick cookin2' Enriched Farina, Unflavored, CID A-A-20108B, Type I, STYLE ,Flavor 1, 50# BAG

100.000000 BG $ $

0005 Cereal, Homin~ Grits, White, Quick-Cooking, Enriched, Unflavored, CID A-A-2003 C, Type I, Style B, Flavor 1, 50# BAG

100.000000 BG $ $

0006 Cereal, Rolled Oats, Quick-cooking, Enriched, Unflavored, CID A-A-20090C, Type II, Flavor A, 50 # Bag

100.000000 BG $ $

0007 Cheese, Cheddar, Natural, Mild, Yellow

As sllecified in the Code of Federal Re~ulations, TITLE 21, CHAPTER I, SUBCHAPTER B, PART 33 --CHEESES AND

RELATED CHEESE PRODUCTS, SU'lfart B, 133.113 Loaf/Block or Shredded Coarse, Rindless, Aged 3 -60 Days, Milk Fat Solids:

50% Minimum, Moisture 39% Maximum, WisconSin Grade A or Equivalent, Packaging: 51b to 40 Ib sealed Bags or containers

1,920.000000 LB $ $

0008 Cheese, Mozzarella, Part Skim

As sllecified in the Code of Federal Re~ulations, TITLE 21, CHAPTER I, SUBCHAPTER B, PART 33 -CHEESES AND

RELATED CHEESE PRODUCTS, sUbEart B, 133.156 Loaf/Block or Shredded, Low Moisture, Milk Fat in olids: 40% Minimum, Moisture 52% Maximum, Wisconsin Grade A or Equivalent, Packaging: 5 Ib to 40 Ib sealed Bags or containers

3,500.000000 LB $ $

0009 Dressinjb Salad, Ma60 S~le, 4 -1 Gallon Plastic Containers per case, C A-A-2014 C, ype II, Style A

200.000000 GL $ $

0010 Fish, Tuna, Light Meat, Chunk, Packed in Water, 6 - 66.5 oz Cans or 6 - 22 oz D!(; Packed Flexible Pouches per case, CID A-A-20155C, ype A or B, Form 1, Color A, Packing Media 1, Salt/sodium Level A, Quote must specify if bidding on cans or pouches

82.000000 CS $ $

0011 Flour, General or All Purpose, Unbleached, CID A-A-20126F, Type III, Style A

5,000.000000 LB $ $

0012 Jelly, Assorted Flavors, Regular, 10 Gram Individual Portion, 200 Packages per case, CID A-A-20078B, Type II, Style 1

69.000000 CS $ $

0013 Oil, Salad, Bulk, 100% Ve2etable, 4 or 6 - 1 Gallon Plastic containers per case, CID -A-20091 D, Type 1- Canola (rapeseed), com, cottonseed, olive (refined), safflower, soybean, sesame, sunflower, or any other vegetable oils or comtlination of these oils

100.000000 CS $ $

0014 Pasta, Macaroni, Elbow Form" packa8in:ffi 51b to 40 Ib sealed bags, Enriched, Regular, CID A-A-20 6 , Style A

2,000.000000 LB $ $

0015 Pasta, Macaroni, Rotini , PackaJling 5 Ib to 40 Ib sealed bags, Enriched, Regular, CID A-A-20 62 ,Type V, Style D -Tri color (spinach, tomato, and regular)

1,000.000000 LB $ $

0016 Pasta, ~~hetti, Lon~Form, Packaging: 5 Ib to 40 Ib sealed bags, Enriche, egular, CI A-A-20062D, Style A

2,920.000000 LB $ $

RFQP06021200009 PageS of 19

Pasta, Noodles, E~K packag~: 5 Ib to 40 Ib sealed ba:Hr' Enriched, Ribbon aped No es, Enriched, CID A-A- 063C Type I

Peanut Butter, paCkagin~ 5 Ib to 40 Ib Containers, Regular Stabilized, Non-fortified, 10 A-A-20328A. Style I. Class A, Texture 1, Type A

Rice. Parboiled Light, LO~ Grain, U. S. No.1 or 2 -U. S.

Standards for Grades, 5 BAG

Shortening, 50 Ib Block, General Purpose, All Vegetable, Solid, CID A-A-2010 C, Type I

Vegetable, Beans. Green, Canned, Blue Lake Variety, Cut

6 - #10 Cans per Case, Packed to standard of U. S. Grade B or Better, Originated from croes that have been 100 percen~rown, Fjocessed, and packed in he United States or Canada, Inimum rain Weight 60 oz, Grade Standard ReferenCe Title 7 CFR 52.449

Vegetable, Greens, Collard, 6 - #10 Cans Jer Case, Packed to standard US Grade B or Better, Ori9,inate from crops that have been 100 Bercent ~own, processe ,and B,aCked in the United States or anada. tandard Reference Ti Ie CFR 52

Ve~tabIeS, Mixed, 6 - #10 Cans per Case, Packed to standard of CI A-A-20120D, Minimum Drain Weight 65 oz. Ori£inated from crops that have been 100 percent grown, processe ,and packed in the United States or Canada

Vegetable, Peas, Green, Sweet, Canned

Packed to standard US Grade B or Better, Originated from croes that have been 100 percent grown processed, an'Klnlcked in he United States or Canada, 6 - #10 cans per Case, Inimum Drain Weight 70 oz., Grade Standard Reference Title 7 CFR 52.228

Vegetable, Potatoes, White, French Fries, Frozen, for Frying

Grade A, Shoestring, Crinkle cut or Straight Cut 30% to 34% solids, OrJplnated from crofts that have been 10b percent grown, ~rocesse Rand packed In he United States or Canada. Grade tandard eference Title 7 CFR 52.2395

Ve.getable, Spinach. Cut, 6 - #10 Cans ger Case, U. S. Grade A, Onginated from crops that have been 1 0 percent grown, processed, and packed in the United States or Canada

Beef, Ground, Regular Grind, 80% Lean, USDA Standard for ~roUnd beefrt,r 9 CFR 319.15, delivered Frozen, JNO ORGAN OR

ONGUE M T~Delivered cases must be labele 80/20

PRODUCT MUS BE IN SEALED BAGS, NO OPEN BA GS OR

PACKAGING.

Beef, Groun~ Patties, 4 oz, 80% Lean, USDA Standard for ground beef l!{(r 9 C R 319.15, delivered Frozen, (NO ORGAN OR TON UE MEA Tk Round In Shape, with Paper Separation or Individually Quic Frozen, Delivered cases must be labeled 80/20.

Raw Beef Roast, Beef Round, TOI> or Bottom (GooseneckJ' IMPS 168,170, 170A, 171, 171A. 171B Frozen. weight range 2 Ib and down.

Quote MUST indicate actual IMPS & average roast weight of quoted item.

Chicken. Boneless. Skinless. Raw, White or Dark, (Tender, Breast or Thigh Meat), Frozen

A or B quaJ~ ~r the USDA, United States Classes, Standards and Grades for oultry Agricultural Marketin~ Service (AMS) 70.200 et seq. No Solution or Ingredients Added, ny Combination of White, Dark. or White and Dark, Un-breaded.

Chicken Pa!IY, Breaded. All White Meat, (no mechanically separated, Comminuted meat)

Breading set in ve~etable oil. Weight Range: 3.5 to 4.2 oz., IndiViduall~ Quick rozen, Uniform in shape. CID A-A-202 SA, Style A & ,Meat Type b, Combined breadi'¥h and added ingredients may not exceed 30% by we.wht, e finished meat prOduct may not contain more than 3.5 non-meat binders and extenders (such as nonfat d~milk. cereal. or dried whole milk) or 2% isolated so~ protein may e used. but must be shown in the in~redients sta ement on the product's label by its common name.

AI ingredients in the product must be listed in the in~redients statement in order of predominance. from highest to owest

1,500.000000

1,500.000000

8,000.000000

100.000000

200.000000

200.000000

200.000000

100.000000

300.000000

200.000000

10,000.000000

3,268.000000

2,000.000000

3,000.000000

3,000.000000

LB

LB

LB

BL

CS

CS

CS

CS

CS

CS

LB

LB

LB

LB

LB

1$

1$

1$

1$

1$

1$

1$

1$

1$

RFQP06021200009 Page 6 of 19 amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

0032 Fish, Fillets (Practicall~oneleSS), 4 to 6 oz Solid Fillet, White meat fish such as: Pollack, hiting, Flounder, Cod, Tilapia

2,000.000000 LB 1$ $

Individually Quick Frozen or Shatter Pack, 100% net weight, No water added or glaze weight, Fish portion must meet weight requirements when thawed and drainedg Delivered cases must be labeled 100% net weiiha ~Skin on) orJkin off-SkinleSS)i Grade A or B Based on the Un e tates Stan ards for Grades 0 Fish Fillets, 100% fish, Quote MUST indicate if quoted item is (skin-on) or (skin-off)

0033 Fish, 4 oz Portions, Oven Rea~, Breaded, Frozen, Cut from:

Pollack, Whiting, Flounder, Co ,or Tilapia ... (Not Minced)

2,085.000000 LB $ $

Oven Ready Portion We,l{lht 4 oz, Rectan~le Shape, Meets the Requirements of Grade (65% by Weigh of Fish Flesh6US Standards for Grades Frozen Fried Fish Portions, Crum Coated Breadin~CID A-A-20325, Fish Species III, Style A, Form B, Type 2, Oven ea~ Wei~ht C, ShaA\T (1), Fried Fish Type B, ComJosition ,coa ing (1),. II ingredients in the product must be liste in the ingredients statement in order of predominance, from highest to lowest amounts in accordance witli the USDA Food safety Inspection Service (FSIS) Food Standards and Labeling Policy.

0034 Kielbasa, Polish Sausage, All Beef or Beef & Turkel!' Beef must be 1,810.000000 LB $ 1$ prominent, 4 oz Link, 4 oz RO~ cuts or bulk Rope ink, Artificial or non pork collagen casing, Ful Cooked, Frozen, the finished products may not contain more than

3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated sofu~otein max be used, but must be shown in the ingredients s ment on he product's label by its common name. All inQredients in the product must be listed in the ingredients statement In order of wedOminance, from highest to lowest amounts in accordance with he USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

0035 Pork Roast, Pork, Shoulder, Boston Butt, Boneless, Raw, IMPS 1,500.000000 LB $ $ 406A, Frozen, No Solution or Ingredients Added, No Paper Wrapping, Weight Range A or B, 4 to 8 Ib

Quote MUST indicate average roast weight of quoted item

0036 Pork Loin Chops, Boneless, 4 oz. Tar~et Portions, Imtfcs # 1410B, 1,500.000000 LB $ $ Frozen, The chops are prepared from tern No. 413. 0 Mis-cuts, No Injection or solution.

0037 Sausage, Beef, Turkey, or Chicken, 20z Patties, Frozen, (no 2,000.000000 LB $ 1$ mechanically separated, Comminuted meat)

The finished products may not contain more than 3.5% non-meat binders and extenders \sUCh as nonfat dry milk, cereal, or dried whole milk) or 2% Isola ed soy protein may be used, but must be shown in the Ingredients statement on the producfs label t;l its common name. All inpredients in thetcroduct must be liste in the ingredients statemen in order of fire ominance, from highest to lowest amounts in accordance wi h the USDA Food Safe~ Inspection Service (FSIS) Food Standards and Labeling ollcy.

0038 Turkey, Boneless, Roast, Raw, Natural 2,500.000000 LB $ $

Boned Rolled and Tied or ne.tted or in roastl~ pack, 8 to 12 Ib Range, Breast MeatjMinimum) 50%, Skin ( aximum) 12.5%, Sodium content per oz serving must not exceed 200 mg, Label mus~ have nutritional Information to include sodium content per serving.

0039 Turkey HalT!t Frozen, Fully Cooked Chunked and Formed.(No 1,000.000000 LB $ $ ground, MS or Comminuted meat)

No More than 20% Water Added, (No Turkey Ham Picnics), All ingredients in the product must be listed in the in~redients statement in order of predominance, from~hes to lowest amounts In accordance with the USDA F Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

0040 Potato Chips, Individual Bags, 60 Count Case 250.000000 CS $ $

RFQP06021200009 Page 7 of 19

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012)

(a) inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov ernment may require repair or replacement ofnonconforming 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 exer cise 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 ofperformance 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 the Contract Disputes Act of 1978, 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 con tract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by refer ence. The Contractor shall proceed di Iigently 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.

(t) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason able 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 notity the Contracting Officer in writing as soon as it is reasonably possible after the commencement of 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. (I) 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;

RFQP06021200009 Page 8 of 19

(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

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

(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-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Trans fer-Other Than Central Contractor Registration), 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, includ ing 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.-- (I) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the deliv ery 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 (EFn. 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 sub line item, if applicable; and

RFQP06021200009 Page 9 of 19

(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 ofthe Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) ofthis 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;

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

(C) The Contractor requests a deferment ofcollection 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 ofthe following dates:

(A) The date fixed under this contract.

(8) 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 ofcalendar days involved beginning on the due date and ending on-

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

(8) 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 Acquisi tion Regulation in effect on the date of this contract.

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

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

(2) Delivery ofthe 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.

RFQP06021200009 Page 10 of 19

(I) Terminationfor 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 jfthe 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 ac ceptance, regardless of when or where the Government takes physical possession.

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

(p) Limitation ofliability. 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 regu lations 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 limita tions 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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.c. 265 and lO U.S.c. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.c. 423 relating to procurement in tegrity.

(s) Order ofprecedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or der:

(I) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts 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.

RFQP06021200009 Page 11 of 19

(9) The specification.

(t) Central Contractor Registration (CCR). (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 CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) Ifa 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 CCR 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 Of ficer. 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 CCR in formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform ation 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 CCR 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 CCR database. Information provided to the Contractor's CCR 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 CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercialltems (Feb 2012)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses by Full Text

52.249-8 Alt I Default (Fixed-Price Supply and Service) (Apr 1984)- Alternate I (Apr 1984)

(a)(l) The Government may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to-

(i) Pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any ex tension;

(ii) Make progress, so as to endanger performance of this contract (but see paragraph (a)(2) of this clause); or

(iii) Perform any of the other provisions of this contract (but see paragraph (a)(2) of this clause).

(2) The Government's right to terminate this contract under subdivisions (a)( I )(U) and (iii) of this clause, may be exercised if the Con http:https://www.acquisition.gov

RFQP06021200009 Page 12 of 19 tractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.

(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.

(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include

(I) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods,

(5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.

(e) If this contract is terminated while the Contractor has possession of Government goods, the Contractor shall, upon direction of the Contracting Officer, protect and preserve the goods until surrendered to the Government or its agent. The Contractor and Contracting Officer shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be a dispute under the Disputes clause.

(f) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obliga tions of the parties shall be the same as if the termination had been issued for the convenience of the Government.

(g) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

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

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

(I) 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 incor porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_( 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).

XX(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 (June 20 I 0) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.).

RFQP06021200009 Page 13 of 19

_(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 (JuI201O) (Pub. L. 111-5).

XX(6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment. (Dec 2010) (31 U.S.C. 6101 note).

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

_(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (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 ofHUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_( I 0) 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 Set-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) of52.219-7.

_(iii) Alternate II (Mar 2004) of52.219-7.

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

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

_(ii) Alternate I (Oct 200 I) of 52.219-9.

_(iii) Alternate II (Oct 200 I) of 52.219-9.

_(iv) Alternate III (Jul 20 I 0) 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)(l4».

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

RFQP06021200009 Page 14 of 19

_(19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (J 0 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 20 I 0) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

_(21) 52.219-26, Small Disadvantaged Business Participation Prograrn--Incentive Subcontracting (Oct 2000) (pub. L. 103-355, sec tion 7102, and 10 U.S.c. 2323).

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

_(23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2011) (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».

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

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

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

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

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

XX(31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 20 I 0) (29 U.S.C. 793).

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

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

XX(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 ofPercentage 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 commerciaIly 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)(1) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

RFQP06021200009 Page 15 of 19

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

XX(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (B.O. 13513).

XX(39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.c. lOa-l0d).

_(40)(i) 52.225-3, Buy American Act Free Trade Agreements - Israeli Trade Act (Mar 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, and Pub. L. 112-41).

_(ii) Alternate I (Mar 2012) of52.225-3.

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

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

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

_(42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Of fice of Foreign Assets Control ofthe 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).

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

XX( 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 oflaw or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.}

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

RFQP06021200009 Page 16 of 19

_(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.).

XX(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.).

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

XX(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 51 12(p)(I».

(d) Comptroller General Examination o/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.

(I) 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 re lating 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 oflaw.

(e)(I) 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)(l) in a subcontract for commercial items.