FY-2013 _1st_Quarter_Food_Solicitation.pdf

NOTICE TO BIDDERS

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 (RFQP06021200017) 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 October 04, 2012 with award being issued approximately October 8, 2012.

Delivery will be required on all items by October 17, 2012. Items not delivered by November 5,2012 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:

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

PACKAGING IS, YOUR ITEM WILL NOT BE ACCEPTED.

:3 Prices will be carried out to two decimal places only. (E.g. 1.23 - 1.239 will not be accepted.)

3 NO SUBSTITUTIONS OF THE ITEMS QUOTED ON WILL BE ACCEPTED. All prices to be

FOB Destination and all items without Federal or Commercial specifications should be listed as ABest 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.

3 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.

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

:3 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: RXIGARCIA@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: RFQP06021200017

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

NAME OF COMPANY:

ADDRESS:_________________________________________

CITY, STATE at ZIP:___________________________

POINT OF CONTACT:_____________________________

PHONE:_____________________________________

FAX:___________________________________

E-MAIL ADDRESS TO RECEIVE ABSTRACT:

TAX IDENTIFICATION NUMBER:

DUNS NUMBER:____________________________

THE ITEM BELOW MUST BE ADDRESSED YES OR YOU WILL NOT BE ABLE

TO CONDUCT BUSINESS WITH THE GOVERNMENT•

ARE YOU SAM REGISTERED? _____yES __NO

WWW.SAM.GOV

http:WWW.SAM.GOV

RFQP06021200017 Page 1 of 25

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

2. NO.

DATE

a. NAME

7. FOR SOLICITATION

INFORMATION CALL: ROXANN GARCIA

9. ISSUED BY

FEDERAL BUREAU OF PRISONS

FCI,DUBLIN

5701 8TH STREET

CAMP PARKS

DUBLIN, CA 94568

CODE

11. FOB DESTINATION 12. DISCOUNT

UNLESS BLOCK IS MARKED

O SEE

SCHEDULE

NET 30

RFQP06021200017

DATE

09/21/2012

b. TELEPHONE NUMBER (No co/Iect calls) 8. OFFER DUE DATE i lOCAL

TIME

10/0412012 16:00:00

10. THE ACQUISITION IS

[[] SMAll. BUSINESS

O HUBZONE SMALL

aUSINESS

UNRESTRICTED OR SET ASIDE:

O WOMEN.QWNEO SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN.QWNED

SMALL BUSINESS PROGRAM NAICS: 424410

% FOR

O SERVlCE·DISABLED

VETERAN-OWNED

SMALL BUSINESS

o EDWOSB

SIZE STANDARD: D06o SIA)

13a. THIS CONTRACT IS A

O RATED ORDER UNDER DPAS

(15CFR 700)

15.

FEDERAL BUREAU OF PRISONS

FCI,DUBLIN

5701 8TH STREET

CAMP PARKS

CODE

CODE CODE

FEDERAL BUREAU OF PRISONS

FCI, DUBLIN

5701 8TH STREET

CAMP PARKS

DUBLIN, CA 94568

DUBLIN, CA 94568

17a.

OFFEROR

" ..,~'v,"",-,,,,,,ADDRESS SHOWN IN BLOCK 188 UNLESS BLOCK BELOW IS

FCI, Dublin is soliciting the following listed food items.

Effective Delivery Date: October 17 - October 31,2012

Government has the discretion to cancel contract if items are not delivered by November 5,2012.

See Continuation Sheet(s) ( Use Revene and/or Attach IfddWonQJ ShNu 4' Nect's.Tary')

25. DATA 26. TOTAL AWARD AMOUNT (For Gov!. UII& Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212·1, 52.212-4. FAR 52.212·3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

ARE NOT ATTACHED

ARE NOT ATTACHED

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

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALLlTEMSSET FORTH OR OTHERWlSE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

3Oa. SIGNATURE OF OFFEROR/CONTRACTOR

3Ob. NAME AND TITLE OF SIGNER (7YPE OR PRINT)

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:

Roxann Garcia 0912112012

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 0212012)

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

RFQP06021200017 Page 2 of 25

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLlESfSERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN o RECEIVED 0 INSPECTED 0 ACCEPTED. AND CONFORMS TO THE CONTRACT. EXCEPT AS NOTED: ___________

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

REPRESENTATIVE REPRESENTATIVE

32e. MAILING 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 oCOMPLETE oPARTIAL o FINAL

IPARTIAL I IFINAL

38. SIR ACCOUNT NUMBER 39. 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 (YYIMMlDD) I42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

RFQP06021200017 Page 3 of 25

Table of Contents

£e.tt.i.!m Description PaeeNumber

1 Solicitation/Contract Fonn

2 Commodity or Services Schedule

3 Contract Clauses

52.204-7 Central Contractor Registration (Feb 2012)

52.212-4 Contract Tenns and Conditions--Commercialltems (Feb 2012)

52.212-5 Contract Tenns and Conditions Required to Implement Statutes or Executive

Orders--Commercialltems (May 2012)

4 List of Attachments

5 Solicitation Provisions

52.212-1 Instructions to Offerors--Commercial Items (Feb 2012)

52.215-1 Instructions to Offerors--Competitive Acquisition (Jan 2004)

RFQP06021200017 Page 4 of 25

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO.

SUPPLIES/SERVICES QUANTITY UNIT

Cereal. Ready to Eat. Bulk packa~e Ra~e-12 to 40 Ib Case. 2.000.000000 LB Wheat Flakes, CID A-A-20000C. ype I. lass 3

Cheese. Pasteurized Process Cheese American 850.000000 LB

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

RELATED CHEESE PRODUCTS, Subpart B, 133.173, 4/51b or 6/5 Ib Loaf/Blocks per Case.160 Slices~r 5 lb. Loaf/block. Stack Pack, Medium Blend. Yellow in Color, liced

Cheese, Cheddar, Natural, Mild, Yellow 1,850.000000 LB

As sr;!ecified in the Code of Federal Re~Ulations. TITLE 21, CHAPTER I. SUBCHAPTER B, PART 33 --CHEESES AND

RELATED CHEESE PRODUCTS, sU'bPart B, 133.113 Loaf/Block or Shredded Coarse. Rindless",,lged 3 -60 Days, Milk Fat Solids:

50% Minimum, Moisture 39% aximum, Wisconsin Grade A or Equivalent, Packaging: 5 Ib to 40 Ib sealed Bags or containers

Dressinlb Salad. Ma80 S~le, 4 -1 Gallon Plastic Containers per 235.000000 CS case, C A-A-2014 C, ype II, Style A

Jelly, Assorted FlavorsbRe~lar, 10 Gram Individual Portion, 200 125.000000 CS Packages per case, CI A -20078B, Type II, Style 1

Mustard, Prepared, Yellow (Salad Slele.} 4 -1 Gallon Plastic 60.000000 CS containers per case, CID A-A-20036 , ype I

Pasta, Macaroni, Rotini , Packa~n~ 5 Ib to 40 Ib sealed bags. 400.000000 LB Enriched. Regular. CID A-A-20 2 • Type V. Style D -Tri color (spinach. tomato, and regular)

Pasta, Sj~hetti. Long Form

Packaging: 51b to 40 Ib sealed bags, 2.280.000000 LB Enriche. egular. CI A-A- 0062D. Style A

Shortening, 50 Ib Block, For deep-fry cooking. All Vegetable (no 2,000.000000 LB animal by-~roducts). Solid. The general purpose shortening shall consist on y offaartiall~ hydrogenated deodorized vegetable oil or blends of vege able 01 es.

Smoke point minimum must meet or exceed 425 degrees F

Sugar. Brown, Light or Dark 3.000.000000 LB

Sugar. Confectioners. Cane or Beet, CID A-A-20135, Type I, Style 3,000.000000 LB C

S~ar, Granulated, White, 25 or 50 Ib b~S, Cane or Beet, Fine, 3,000.000000 LB Era-fine. or Super-fine, CID A-A-20135 ,Type I, Style A or B

Sugar Substitute, Individual Packet, Non-carbohydrate, Saccharin, 100.000000 CS Acesulfame-k, Aspartame, Sucralose, or Neotame. Non-nutritive.

3000.0.75 -1.0 Gm Packets per Case

Taco Shells, Com, 200 count~rcase, Fresh! Deeg Fried, U 100.000000 CS Shaped, Com, CID A-A-2014 ,Type III, Sty e A, ize 3 or 4.

Shape B, Enrichment Type I

Vegetable, Beans, Green, Canned, Blue Lake Variety. Cut 100.000000 CS

6 - #10 Cans per Case, Packed to standard of U. S. Grade B or Better, Originated from crofts that have been 100 percent grown.

groceSSed, and packed in he United States or Canada, Minimum rain Weight 60 oz, Grade Standard Reference Title 7 CFR 52.449

Vegetable, Com. Whole Kernel. Canned 100.000000 CS

Packed to standard U. S. Grade B or Better. Golden. 0::9inated from crops that have been 100 8:rcent ~rown,Brocess ,and ~acked in the United States or anada -#10 anMer Case or 175 oz. vac-pack Cans per Case, Minimum Drain eight 70 oz wet pack, 75 oz. vae-pack .• Grade Standard Reference Tille 7 CFR

UNIT PRICE AMOUNT

$ 1$

1$ 1$

1$ i$

1$ ,$.

1$ 1$

1$ 1$

1$ 1$

$ i$

RFQP06021200017 Page 50f25

52.883

Vegetable, Greens, Collard, 6 - #10 Cans cn;r Case. Packed to standard US Grade B or Better. Oritnate from crops that have been 1008:rcent llSown. processe ,and Racked in the United States or anada. tandard Reference Ti Ie CFR 52

Veaetables, Mixed. 6 - #10 Cans lJer Case, Packed to standard of CI A-A-20120D. Minimum Drain Weight 65 oz. OricP.inated from crolJs 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 cro~s that have been 100 percent grown, processed, an~cked in e 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. 0r:P.inated from crofts that have been 100 percent grown, ~ocesse • and packed in he United States or Canada. Grade tandard Reference Title 7 CFR 52.2395

Vegetable. Spinach. Cut, 6 - #10 Cans ger Case, U. S. Grade A, Originated 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 ground beef per 9 CFR 319.5, delivered Frozen, Ground Beef shall consist of Ch~~ fresh and/or frozen beef without seasoning and without the a ilion of beef fat as such.

shall not contain more than 20 percent fat. and shall not contain added water, phosllhates, binders or extenders. When beef cheek meat ~trimmed beef cheeks) is used in the prernration of ~round beef, he amount of such cheek meat shall be imited to 2 percent;

No Partia~ Defatted Tissue No Advanced Meat Recovered Product ( Ink Slime~ (NO ORGAN OR TONGUE MEAT). Delivered cases must be labe ed with in;redients and fat ~rcenreae.

PRODUCT MUST BE IN SEA ED BAGS, NO PEN B GS OR

PACKAGING.

Beef. Ground, Patties. 4 oz. IMPS 1136. Frozen. 80% Lean, Froze']: Round in Sh~e. with Paper Seraration or Individually Quick rozen. Groun Beef Patties shal consist of chopped fresh and/or frozen beef without seasoning and without the addition of beef fat as SUch shall not contain more than 20 percent fat. and shall not contain a dded water. phates. binders or extenders. No Partia~ Defatted Tissu Advanced Meat Recovered Product dink Slime). Whe cheek meat (trimmed beef cheeks) is use in the preparation of ground beef. the amount of such cheek meat shall be limited to 25 percent; and if in excess of natural proportions. its presence shall be dectared on the label, in the ingredient statement. Delivered cases must be labed with ingredients and fat percentage.

Raw Beef Roast, Beef Round Top 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. Tender StriPS Boneless, Skinless Raw, Frozen, 2.2 to 3 oz Target weight, A or a~uality per the US oA, United States Classes. Standards and rades for Poultry Atcultural Marketing Service (AMS) 70.200 et seq. No Solution or ngredients Added.

Chicken, Quartered, Ready to Cook, Frozen, U. S. Grade A, U. S.

Standards, and Grades for PouHry, Un-breaded, Portion size not to be smaller than 12 ounces and not to exceed 20 ounces.

Delivered amounts are to be uniform in portion size and not random sizing. Bid Quotes must identify portion size being offered.

Chicken Patty, 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-20276A, S~e A & ,Meat ~hole muscle or Chunked and formed. 1/2 inch cu e or greater (9 FR 381.171(f) TYIl9 b (100 fsercent white meatk Combined breading and added ingredien s may not exceed 30% y. weight. The finished meat product may not contain more than 3.5% non-meal 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 by its common name. All ingredients in the product

100.000000

100.000000

100.000000

4.500.000000

100.000000

5,000.000000

3,000.000000

2.000.000000

2,500.000000

10,000.000000

1,000.000000

CS

CS

CS

LB

CS

LB

LB

LB

EA

LB

LB

1$

1$

1$

1$

1$

RFQP06021200017 Page 6 of 25 must be listed In the ingredients statement in order of t;iedomlnance, from highest to lowest amounts in accordance with e USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

0028 Fish, Breaded and Oven Ready, Natural Fillet 5 to 7 oz Portions, Solid Muscle, No Ch0FcPed or Minced Meat. White Meat Fish such as Pollack, Whiting, Founder, Sole, Cod, Tilapia, Etc.

1,500.000000 EA 1$ $

Individually Quick Frozen, no more than 86% moisture. The breaded and battered fried fish portions shall meet the minimum requirement of 65 percent by weight of fISh flesh and be uniform in size and weight.

0029 Fish, Fillets (Practicall~oneIeSs), 4 to 6 oz Solid Fillet, White meat fish such as: Pollack, iting, Flounder, Cod, Tilapia

1,500.000000 LB $ $

Individually Quick Frozen or Shatter Pack, 100% net wei9ht, No water added 0.:J?,laze weight, Fish portion must meet weight requirements en thawed and drained, Delivered cases must be labeled 100% net weiHht, kSkin on) or JSkin off-Skinless}f Grade A or B Based on the Unl ed tates Stan ards for Grades 0 Fish Fillets, 100% fish, Quote MUST indicate if quoted item is (skin-on) or (skin-off)

0030 Hotdogs, Beef, Skinless, Cooked, 10 Hotdogs per Ib 770.000000 LB $ $

The finished~roducts may not contain more than 30% fat or no more than 1 % water, or a combination of 40% fat and added water, The finished product may not contain more than 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, 0 dried whole milk) or 2% isolated soy protein may be used, but must be shown in the Inpredients statement on the product's label by its common name. AI inpredients in theicroduct must be listed in the ingredients statemen in order of ~e ominancT; from highest to lowest amounts in accordance wi the USDA ood Safe~ Inspection Service (FSIS) Food Standards and Labeling ollcy.

0031 Meatball, Beef, 1 oz, Fully Cooked, Frozen 1,400.000000 LB $ 1$

No More than 20% Added In~redients, No Or~n Meat, The finished product may not con ain more than 3. % non-meat binders and extenders (suetj as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the in~redients statement on the product's label by its common name, AI ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts.

0032 Turkey, Boneless, Roast, Raw, Natural 1,300.000000 LB $ $

Boned Rolled and Tied or netted or in roasti~ 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.

0033 Potato Chips, Individual 16,700.000000 BG $ $

RFQP06021200017 Page 7 of 25

Section 3 • Contract Clauses

52.212-4 Contract Terms and Conditions--Commercialltems (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 ofnonconforming 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 ofthe 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 diligently with performance ofthis 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 reason able control ofthe 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 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. (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 ofthe 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;

RFQP06021200017 Page 8 of 25

(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 con tract.

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

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

(B) I f 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.-- (1) 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 (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 shaH 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

RFQP06021200017 Page 9 of 25

(D) Contractor point ofcontact.

(ii) Provide a copy ofthe 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 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) 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 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 defennent 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 tennination.

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

(j) Risk ofloss. 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:

(I) 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.

RFQP06021200017 Page 10 of 25

(I) Termination/or 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/or 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 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 0/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 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 10 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 a/precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or der:

(1) 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 jf this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

RFQP06021200017 Page 11 of 25

(9) The specification.

(t) Central Contractor Registration (CCR). (I) 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) 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 CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the time line 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 ofparagraph (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.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercialltems (Feb 2012)

The tenns 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

52.204-7 Central Contractor Registration (Feb 2012)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix https://www.acquisition-gov

RFQP06021200017 Page 12 of 25 that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be as signed at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Trans fer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR data base; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(I) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(l) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.comiwebform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an of feror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officerlkey manager.

(ix) Line of business (industry).

http://fedgov.dnb.comiwebform

RFQP06021200017 Page 13 of 25

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not re gistered should consider applying for registration immediately upon receipt ofthis solicitation.

(f) The Contractor is responsible 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 registra tion, 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.

(g)(1 )(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 Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minim um of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the re quirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Con tracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

Oi) If the Contractor fails to comply with the requirements of paragraph (g)( I )(i) of this clause, or fails to perform the agreement at paragraph (g)( I )(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 ofthis contract.

(2) 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 FAR Subpart 32.8, Assignment of Claims). Assignees shall be separ ately 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 ofpayment" paragraph ofthe EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https:llwww.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Reguired to Implement Statutes or Executive Orders--Commercial Items (May 2 12)

(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 ofcommercial items:

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

_Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g».

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

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

http:https:llwww.acquisition.gov

RFQP06021200017 Page 14 of 25

(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).

_(2) 52.203-13, Contractor Code ofBusiness 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 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.).

_(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 (JuI2010) (Pub. L. 111-5).

_(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).

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

_(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L.

112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

_(9) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (Nov 2011) (IS U.S.c. 657a).

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

_(11) [Reserved]

_(12)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 2011) (IS U.S.C. 644).

_(li) Alternate I (Nov 2011).

_(iii) Alternate II (Nov 2011).

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

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

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

_(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (I5 U.S.C. 637(d)(2) and (3».

RFQP06021200017 Page 15 of 25

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

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

_(iii) Alternate II (Oct 2001) of52.219-9.

_(iv) Alternate III (JuI201O) of52.219-9.

_(16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (I5 U.S.c. 644(r».

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

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

_(19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.c. 2323)

(if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

_(20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

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

_(21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, sec tion 7102, and 10 U.s.C. 2323).

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

_(23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (I5 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».

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

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

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

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

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

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

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

RFQP06021200017 Page 16 of 25

_(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 20 I 0) (E.O. 13496).

_(34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.).

_(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c )(3)(A)(ii». (Not applicable to the acquisition of commercially available off-the-shelf items.).

_(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C». (Not applicable to the acquisition of commercially available off the-shelf items.).

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

_(37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

_(ii) Alternate I (Dec 2007) of52.223-16.

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

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

_(40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) (41 U.S.C. chapter 83,19 U.S.c. 3301 note, 19 U.S.c. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77,108-78,108-286,108-302,109-53, 109-169,109-283, IIO-138, II2-41, and 112-42).

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

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

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

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

_(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), I 0 U.S.c. 2307(f).

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

_(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).

RFQP06021200017 Page 17 of 25

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

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

_(51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx. 1241(b) and 10 U.S.C.2631).

_(ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

_(2) 52.222-42, Statement of Equivalent…