SAQMMA10R0206 All.pdf

SOLICITATION/CONTRACT/ORDER FOR

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SAQMMA10R0206

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/31/2010

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Patrick Murphy

b. TELEPHONE NUMBER (No collect calls) 321-783-9860

c. EMAIL murphypj@state.gov

8. OFFER DUE DATE / LOCAL

TIME

04/15/2010 17:00:00

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

1038 S PATRICK DRIVE

ATTN: INL AIRWING

PATRICK AFB, FL 32925

9. ISSUED BY

X UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

EMERGING SMALL BUSINESS

8(A)

NAICS: 336411

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

INLALCODE15. DELIVER TO

DEPT. OF STATE LOGISTICS/MAINTENANCE/ADMIN.

DIV (INL/A/L)

1038 S. Patrick Drive

BLDG. 985

PATRICK AFB, FL 32925

CODE LMAQM16. ADMINISTERED BY

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

1038 S PATRICK DRIVE

ATTN: INL AIRWING

PATRICK AFB, FL 32925

FACILITYCODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR RMGFOCODE18a. PAYMENT WILL BE MADE BY

GLOBAL FIN. SVCS (RM/GFS/ADO/FM) CHARLESTON,

SOUTH CAROLINA

PO BOX 150008; Fax To: 1-866-483-3436

OFFICE OF CLAIMS (RM/GFS/F/C)

CHARLESTON, SC 29415-5008

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN____COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

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

TERMS AND CONDITIONS SPECIFIED HEREIN.

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 OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Patrick Murphy 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 FAR) 53.21.2

SAQMMA10R0206

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

41a. I 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 (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 3/2005) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B-004 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (Indefinite Quantity Contract) B-008 TRAVEL COSTS (Time-and-Materials/Labor-Hour)

C Descriptions/Specifications/Statement of Work C.001 UH1 Retrofit and Avionics Upgrade

C-003 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL

E Inspection and Acceptance 52.246-6 Inspection--Time-and-Material and Labor-Hour (May 2001)

F Deliveries or Performance 52.242-15 Stop-Work Order (Aug 1989) F-003 MONTHLY PROGRESS REPORT (Time-and-Materials/Labor-Hour Contract)

G Contract Administration Data

G-001 ORDERING PROCEDURES

G-002 CONTRACT ADMINISTRATION DATA

H Special Contract Requirements

H-013 GOVERNMENT-FURNISHED DATA

H-014 GOVERNMENT-FURNISHED MATERIAL

H-015 GOVERNMENT-FURNISHED PROPERTY

H-025 TECHNICAL DIRECTION

H-027 WARRANTY

I Contract Clauses 52.212-4 Contract Terms and Conditions--Commercial Items (Mar 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Feb 2010) 52.216-18 Ordering (Oct 1995) 52.243-1 Changes--Fixed Price (Aug 1987) 52.243-3 Changes--Time-and-Material or Labor-Hours (Sept 2000)

J List of Attachments K Representations, Certifications, and Other Statements of Offerors or Respondents

52.212-3 Offeror Representations and Certifications--Commercial Items (Aug 2009) L Instructions, Conditions, and Notices to Offerors and Respondents

52.212-1 Instructions to Offerors--Commercial Items (June 2008) M Evaluation Factors for Award

52.212-2 Evaluation - Commercial Items (Jan 1999)

001 Basic UH1 Refurbishment and Avionics Upgrade 0.00 EA Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

002 Contractor Acquired Material 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

003 Vender Repair of Government Furnished Property 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

004 Over and Above Labor 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

005 Surface Transportation 0.00 EA Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

006 Offsite Field Team Services 0.00 DY Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

007 Flyable Storage 0.00 DY Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

008 Salvage Aircraft Management and Storage 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

009 Travel Costs 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's

SAQMMA10R0206

Line Item Summary

Solicitation Number:

SAQMMA10R0206

Contract Number: Title: Super Huey Retrofit Program

Date of Solicitation:

03/31/2010

Line Item No. Description Quantity Unit Unit Price Total Cost

Facility

1001 Basic UH1 Refurbishment and Avionics Upgrade 0.00 EA Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

1002 Contractor Acquired Material 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

1003 Vender Repair of Government Furnished Property 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

1004 Over and Above Labor 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

1005 Surface Transportation 0.00 EA Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

1006 Offsite Field Team Services 0.00 DY Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

1007 Flyable Storage 0.00 DY Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

1008 Salvage Aircraft Management and Storage 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

1009 Travel Costs 0.00 LT Doc Ref No:

SAQMMA10R0206

Line Item Summary

Solicitation Number:

SAQMMA10R0206

Contract Number: Title: Super Huey Retrofit Program

Date of Solicitation:

03/31/2010

Delivery Date FOB:

Origin, Contractor's Facility

2001 Basic UH1 Refurbishment and Avionics Upgrade 0.00 EA Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

2002 Contractor Acquired Material 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

2003 Vender Repair of Government Furnished Property 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

2004 Over and Above Labor 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

2005 Surface Transportation 0.00 EA Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

2006 Offsite Field Team Services 0.00 DY Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

2007 Flyable Storage 0.00 DY Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

2008 Salvage Aircraft Management and Storage 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

SAQMMA10R0206

Line Item Summary

Solicitation Number:

SAQMMA10R0206

Contract Number: Title: Super Huey Retrofit Program

Date of Solicitation:

03/31/2010

2009 Travel Costs 0.00 LT

Delivery Date FOB:

Origin, Contractor's Facility

3001 Basic UH1 Refurbishment and Avionics Upgrade 0.00 EA Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

3002 Contractor Acquired Material 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

3003 Vender Repair of Government Furnished Property 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

3004 Over and Above Labor 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

3005 Surface Transportation 0.00 EA Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

3006 Offsite Field Team Services 0.00 DY Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

3007 Flyable Storage 0.00 DY Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

3008 Salvage Aircraft Management and Storage 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, SAQMMA10R0206

Line Item Summary

Solicitation Number:

SAQMMA10R0206

Contract Number: Title: Super Huey Retrofit Program

Date of Solicitation:

03/31/2010

Contractor's Facility

3009 Travel Costs 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

4001 Basic UH1 Refurbishment and Avionics Upgrade 0.00 EA Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

4002 Contractor Acquired Material 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

4003 Vender Repair of Government Furnished Property 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

4004 Over and Above Labor 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

4005 Surface Transportation 0.00 EA Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

4006 Offsite Field Team Services 0.00 DY Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

4007 Flyable Storage 0.00 DY Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

4008 Salvage Aircraft Management and Storage 0.00 LT

SAQMMA10R0206

Line Item Summary

Solicitation Number:

SAQMMA10R0206

Contract Number: Title: Super Huey Retrofit Program

Date of Solicitation:

03/31/2010

Delivery Date FOB:

Origin, Contractor's

Facility

4009 Travel Costs 0.00 LT Doc Ref No:

Delivery Date FOB:

Origin, Contractor's Facility

B-004 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (Indefinite Quantity Contract)

11/01/2008

Per FAR 52.216-22 "INDEFINITE QUANTITY," the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount(s) set forth below.

$20,000,000.00

The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to $300,000,000.00(end of clause)

B-008 TRAVEL COSTS (Time-and-Materials/Labor-Hour) 11/01/2008

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with its usual accounting practices consistent with FAR Subpart 31.2, specifically FAR 31.205-46. Travel must be directly related to and required for performance of this contract, and authorized in advance and in writing by the Contracting Officer's Representative (COR). In no event shall costs associated with employee commuting be reimbursable as a direct cost under this contract.

(b) Travel costs shall not be burdened with any indirect costs unless specifically allowable in accordance with the Contractor's usual accounting practices consistent with FAR Subpart 31.2. In no event shall travel costs be burdened with fee/profit.

(c) The Contractor shall include a breakout of all authorized travel expenses as an attachment to his invoices.

Administrative support (coordination of travel arrangements, etc.) will be the responsibility of the Contractor.

(d) Should any Contractor personnel be requested to perform in any area which has been determined by the Department of State to be a hazardous duty area, hazardous duty premium pay if and to the extent requested and allowed, will be payable at the same rate as would be given to Department of State direct-hire employees pursuant to Chapter 650 of the U.S. Department of State Standardized Regulations (Government Civilians, Foreign Areas).. Hazardous duty premium pay shall not be burdened with any indirect costs (e.g., overhead, G and A) or fee/profit.

(e) When local travel between the Contractor employee's regular place of performance and other locations is specifically authorized by the COR, transportation expenses shall be allowable costs under this contract. For the purposes of this clause, local travel means travel within a 50 mile radius of the Contractor employee's regular place of performance and does not include daily commuting or associated costs.

(f) For travel where use of a personal automobile has been specifically authorized by the COR, reimbursement shall be computed on the basis of actual miles traveled from starting point to destination. Other related

SAQMMA10R0206

Line Item Summary

Solicitation Number:

SAQMMA10R0206

Contract Number: Title: Super Huey Retrofit Program

Date of Solicitation:

03/31/2010 miscellaneous expenses, such as tolls and parking fees, incurred in the performance of tasks authorized under this contract, will be reimbursed. Car rentals require advance approval by the COR and will be authorized only when consistent with good business practice. Allowable costs shall not exceed the actual cost of renting a compact automobile (a maximum of one for four Contractor personnel), unless extenuating circumstances (e.g., excess baggage) require other arrangements and subsequent COR approval is obtained.

(g) The Government will reimburse the Contractor for Contractor employee's travel time to or from other authorized work locations; except that for labor categories which are exempt from the Fair Labor Standards Act (FSLA), a reimbursement will be allowed only for travel during the employee's regular working hours. The Contractor will not be reimbursed for time spent in stand down or temporary layovers for the convenience of the Contractor by FLSA exempt contractor employees except as authorized by the Federal Travel Regulations.

(h) The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have current and valid passports. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries under this contract. The Contractor shall make no direct labor charges for obtaining/maintaining passports and/or visas.

(end of clause)

Section C - Descriptions/Specifications/Statement of Work

C.001 UH1 Retrofit and Avionics Upgrade 03/12/2010

UH-1H retofit and Avionics Upgrade: the government will provide the contractor as government furnished equipment (GFE) with former US Army 1962 to 1974 year model UH-1H helicopters and replacement engines.

The engine make and model will determined as part of the proposal evaluation. These aircraft are to be evaluated and refurbished to airworthy condition. The aircraft evaluation shall be of sufficient depth and breadth to determine all necessary structural, mechanical, and electrical repairs required to make the aircraft airworthy and commercially supportable.

Refurbished helicopter performance shall meet or exceed performance of existing DoS UH-1HII Huey II fleet, and shall have commonality of parts with existing DoS UH-1H Huey II fleet. However, the Bell Huey II kit (Huey II KAIL 205-705-001-101K) will not be provided by the government. Published Bell Huey II performance is:

Vne 240 km/hr; 130 kts

Max Cruise 212 km/hr; 115 kts

Max Gross Wt. 4762 kg; 10,500 lbs

Range 469 km; 253 nm

IGE Hover (MGW) 3660 m; 12,000 ft

OGE Hover (MGW) 1710 m; 5,600 ft

Service Ceiling 16,000 ft +

The contractor shall be responsible for the replacing all aircraft wiring and for the acquisition and installation of avionics and equipment from OEMs in accordance with government / contractor agreed upon equipment configuration. Examples of systems peculiar to INL/A aircraft are the Altair SmartCycle engine monitoring system, SkyConnect satellite tracking and Communications system, and the AFS Inlet Barrier Filter system. Additional special mission equipment may to be integrated into the aircraft during the refurbishment as directed by the Contracting Officer on an aircraft to aircraft basis.

The contractor shall be responsible for developing, validating, publishing, and maintaining operating, maintenance, and parts manuals for the retrofitted helicopters.

The contractor will also be responsible to transport, store, and account for all government provided property and information; additionally, disposal of any excess property may be required.

C-003 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL 11/01/2008

(a) The Contractor shall perform this contract in accordance with its technical proposal dated [DATE] and any revisions thereto submitted in response to Solicitation No. [NUMBER].

(b) The Contractor's technical proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" clause in SECTION I of this contract. Under the "ORDER OF PRECEDENCE" clause, the Contractor's technical proposal shall follow "the specifications" in the order of precedence.

(end of clause)

Section E - Inspection and Acceptance

52.246-6 Inspection--Time-and-Material and Labor-Hour (May 2001) 05/11/2001

(a) Definitions. As used in this clause-

"Contractor's managerial personnel" means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operation at any one plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

"Materials" includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) of this clause, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(2) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(k) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(End of clause)

Section F - Deliveries or Performance

52.242-15 Stop-Work Order (Aug 1989) 08/01/1989

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

F-003 MONTHLY PROGRESS REPORT (Time-and-Materials/Labor-Hour Contract) 11/01/2008

(a) The Contractor shall furnish [NUMBER] copies of a combined monthly technical and financial progress report briefly stating the progress made during the reporting period, broken down by task if applicable.

Specific discussions shall include difficulties encountered and remedial action taken during the reporting period, and anticipated activity during the subsequent reporting period. In addition, the report shall specify contract financial status by:

1. Cumulative labor hours expended and dollar amounts expended by labor category from the effective date of the contract through the last day of the current reporting month.

2. Labor hours expended and dollar amounts expended by labor category during the current reporting month.

3. Estimated labor hours and dollar amounts to be expended during the next reporting period.

(b) For indefinite quantity or requirements type contracts, the information in paragraph (a) above is required for each delivery order.

(c) The reports shall be submitted to the following addressees on or before the fifth day of each month following the first complete calendar month of the contract. Distribute reports as follows:

No. of Copies Addressee

(end of clause)

Section G - Contract Administration Data

G-001 ORDERING PROCEDURES 11/01/2008

(a) In accordance with FAR 52.216-18 "ORDERING," the following individuals and activities are authorized to issue delivery orders or task orders hereunder:

Department of State Contracting Officer

(b) Orders placed under this contract shall contain the following information:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Security clearance level(s), applicable to the order, if any; and

(9) Any other pertinent information.

(c) Issuance of orders by facsimile is authorized in accordance with FAR 52.216-18 "ORDERING."

(end of clause)

G-002 CONTRACT ADMINISTRATION DATA 11/01/2008

Contracting Officer: Patrick J. Murphy

Telephone Number: 321-783-9860 x33163

Email: murphypj@state.gov

First Class Mailing:

U.S. Department of State Office of Acquisition Management Hanger 985 1038 South Patrick Drive

PAFB, FL 32925

Contracting Officer's Representative (COR): Doug Aslett

Telephone Number: 321-783-9860 x 33606

Email: aslettd@ginl.state.gov

First Class Mailing: U.S. Department of State

INL/A Director of Maintenance

Hanger 985

1038 South Patrick Drive

PAFB, FL 32925

(end of clause)

Section H - Special Contract Requirements

H-013 GOVERNMENT-FURNISHED DATA 11/01/2008

(a) The Government shall provide to the Contractor the Government-furnished data described in paragraph (d) below. The Contracting Officer may at any time by written order:

(1) Delete, supersede, or revise; in whole or in part, data listed in paragraph (d) below.

(2) Add items of data as applicable.

(3) Establish or revise due dates for items of data or information as applicable.

(b) If the data listed below or as modified during contract performance are not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract when:

(1) The Contractor submits a timely written request for an equitable adjustment; and

(2) The facts warrant an equitable adjustment.

(c) Title to Government-furnished data shall remain in the Government. The Contractor shall use the Government-furnished data only in connection with this contract.

(d) The following data will be furnished to the Contractor on or about the time indicated below:

To be provide in each order

(end of clause)

H-014 GOVERNMENT-FURNISHED MATERIAL 11/01/2008

(a) "Material," as used in this clause, means property that may be incorporated into or attached to a deliverable end item, or that may be consumed or expended in performing this contract.

(b) Notwithstanding any term or condition of this contract to the contrary, the Government will provide only that material set forth below:

Description Quantity Date*

To be provided in each order.

* Or upon written request after this date.

(end of clause)

H-015 GOVERNMENT-FURNISHED PROPERTY 11/01/2008

Notwithstanding any term or condition of this contract to the contrary, the Government will provide only that property set forth below for use in the performance of this contract.

Description Quantity Date

To be provided in each order.

(end of clause)

H-025 TECHNICAL DIRECTION 11/01/2008

(a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Officer's Representative specified in SECTION G of this contract. As used herein, technical instructions are defined to include the following:

(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplishment of the Statement of Work.

(2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description.

(b) Technical instructions must be within the general scope of work stated in the contract. Technical instructions may not be used to:

(1) assign additional work under the contract;

(2) direct a change as defined in the "Changes" clause of this contract;

(3) increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or

(4) change any of the terms, conditions or specifications of the contract.

(c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the technical instruction is within the scope of this contract.

(d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not affected by the disputed technical instruction.

(end of clause)

H-027 WARRANTY 11/01/2008

At a minimum, the Contractor shall warrant supplies provided under this contract in accordance with the Warranty Clause in SECTION I of this contract. To the extent that the manufacturer's warranty for these items exceeds the requirements of this clause, the manufacturer's warranty shall apply; and a copy of the warranty shall be attached to this contract at SECTION J. This warranty shall in no way impair or diminish the rights of the Government under any other clause of this contract.

(end of clause)

Section I - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (Mar 2009) 03/31/2009

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

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

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

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

(c) Changes. See 52.243-1 Changes--Fixed Price (Aug 1987) and 52.243-3 Changes--Time-and-Material or Labor-Hours (Sept 2000) .

(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 contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement 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 of the items delivered;

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-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, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 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 timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. 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; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, 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.

(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) 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 timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the 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 the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Feb 2010)

02/01/2010

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

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

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

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

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

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

[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 of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under…