SAQMMA14R0197Rev.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

5. SOLICITATION NUMBER

SAQMMA14R0013

6. SOLICITATION ISSUE DATE

02/27/2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME William Smoot

b. TELEPHONE NUMBER(No collect calls) 321-783-9821 x33120

8. OFFER DUE DATE/ LOCAL TIME

3-14-2014

9. ISSUED BY CODE

Office of Acquisition Management

1038 South Patrick Drive

|_| HUBZONE SMALL

BUSINESS

|_| (WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

Patrick AFB, FL 32925 Attn: INL/Airwing

|_| SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

|_| EDWOSB

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

|X| SEE SCHEDULE

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

|_| RFQ |_| IFB |X| RFP

DEPT. OF STATE LOGISTICS/MAINTENANCE/ADMIN DIV

1038 South Patrick Drive Bldg 985

PATRICK AFB, FL 32925

Office of Acquisition Management A/LM/AQM 1038 South Patrick Drive PATRICK AFB, FL 32925 Attn: INL/Airwing

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

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

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

PO BOX 150008

CHARLESTON, SC 29415-5008

Fax To: 1-866-483-3436

CODE

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

OFFER

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|_| COMPLETE |_| PARTIAL |_| FINAL

38. S/R ACCOUNT NO.

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

Line Item Summary Solicitation Number: SAQMMA14R0013 Contract Number:

Title: B1900 Solicitation

Date of Solicitation: 12/18/2013 Line Item No.

Description Quantity Unit Unit Price Total Cost

Beechcraft 1900D

Beechcraft 1900D Fixed Wing Aircraft FFP FOB: Origin, Contractor's Facility 2.00

EA

Aircraft Avionics Modifications FFP FOB: Origin, Contractor's Facility

Aircraft Survivability Modification -ATK AN/AAR-47 Missile Warning System FFP FOB: Origin, Contractor's Facility

Technical Support Fixed Price -Hourly FOB: Origin, Contractor's Facility 200.00

HR

Un-priced Optional Work FOB: Origin, Contractor's Facility 0.00

LT

Travel Cost Reimbursable FOB: Origin, Contractor's Facility 0.00

LT

Section 1-Solicitation/Contract Form

C.001 DEPARTMENT OF STATE AIRCRAFT SPECIFICATION

Raytheon B1900D Light Lift Fixed Wing Aircraft Specification

C.1 BACKGROUND

The Department of State (DOS) B1900D light-lift fixed-wing aircraft perform a variety of missions. At times the aircraft operate from forward operating base locations under austere conditions and at other times from international airports executing instrument approaches. The primary mission is to transport passengers and cargo into and out of austere and established runways supporting US Department of State missions worldwide. These missions require that the aircraft have good personnel and cargo carrying capacity, long range and flight endurance. Operations are often flown in very rugged, high mountainous terrain that requires optimum take off, climb, and turn performance in high-density altitude conditions. These aircraft will serve in remote areas with few bases from which to operate. For this reason, the aircraft is required to have much greater range than standard light-lift fixed-wing aircraft.

Secondary missions include, but are not limited to casualty and medical evacuation. Additionally, the aircraft and crews are subject to being targeted by hostile fire. These aircraft will require defensive aircrew and aircraft survivability systems to be installed. Other DOS aircraft operating in this region have the AN/AAR-47 missile warning system combined with the AN/ALE-47 missile countermeasure system plus defensive armor for cockpit crew protection. The DOS technical data package for this solution will be provided.

ITEM 001 -B-1900D Fixed Wing Aircraft

C.2 SPECIFICATION

I. Configuration A. Airframe

1) B1900D with dual seat cockpit, equipped with redundant controls and instrumentation allowing aircraft operation from either seat.

2) The aircraft will be certified for day and night, VFR and IFR flight operations

3) RNP-5 compliant.

4) WAAS RNAV terminal approach operations.

5) Airframe and engine anti-icing and/or de-icing systems allowing for flight in light to moderate icing conditions.

6) Passenger capacity – a minimum of 15 personnel

7) Cargo capacity – a minimum of 3000 pounds

8) Provisions to secure cargo.

9) Quickly and easily re-configurable from a maximum seating to maximum cargo configuration.

10) To be compatible with the current DOS aircraft fleet, a Pratt and Whitney PT6A FAA certified power-plant that meets the aircraft performance specifications.

11) HOBBS meter or similar device installed for tracking flight time.

B. Operational Performance

1) Mission service definition.

a. Given these environmental and runway conditions:

i. Density altitude -8000 feet

ii. Runway -6000 feet long b.The minimum required performance is:

i. Available Cargo Load – 3000 pounds (15 passengers or cargo or combination of passengers and cargo totaling 3000 pounds).

ii. Departure fuel load allows for a sortie leg length of 300 NM to a 6000 foot long runway and another 300 NM leg before refueling. Both runways have the same density altitude conditions.

2) Aircraft certified to land at maximum authorized gross weight

3) Maintain a minimum 180 KTAS cruise.

4) Aircraft landing gear capable of allowing aircraft to operate from airfields ranging from austere dirt, gravel, packed snow, or PSP to established asphalt or concrete runways at international airports.

C. Avionics and aircraft systems requirements Offerors shall propose with a minimum avionics package using the requirements below. Proposal shall include a detailed listing of the entire radio and navigation suite to include radio frequency ranges, model and a proposed cockpit panel layout. Offerors should consider all cockpit instrumentation layout solutions to include analog, digital, EFIS display or a combination.

1) Avionics will be provided protection from environmental conditions to prevent premature failures. The anticipated environment will present challenges with extreme temperatures, both high and low, and extremely fine airborne particulates.

2) Flight Director coupled with Automatic Flight Control System certified for use under IFR conditions to include an approach mode.

3) WX Radar

4) ADF

5) Dual ICAO compliant VOR / ILS / LOC / GS / systems

6) Dual DME system controlled through the VOR/LOC control head with independent DME indicators, one for each pilot position incorporating a DME hold feature.

7) Mode S Transponder

8) Automatic Dependent Surveillance-Broadcast (ADS-B) (Preferred option)

9) Traffic Alert/Collision Avoidance System II (TCAS II)

10) Terrain Awareness and Warning System (TAWS) or Enhanced Ground Proximity Warning System (EGPWS)

11) Dual GPS receiver and indicator with current database for region identified by the DOS at time of order, FAA-approved and Standard aircraft manufactured type. Must be FAA certified and TSO'd for use under IFR conditions and IFR navigation to include Terminal Area Instrument Procedures. System should be RNP-5 compliant.

12) Automated aircraft flight following system capable of tracking the aircraft in real time through all terrain with an ability to provide voice communications via satellite, through the aircraft intercom system. System installed in other program B1900s is the flight cell DZM.

13) Storm scope

14) Dual HSI with remote compass with capability to allow pilot and copilot to display various NAV instruments as desired.

15) Dual RMI

16) Radar altimeter system with dual indicators, one for each pilot position.

17) Dual independent Artificial Horizon systems

18) Stand-by gyro and turn coordinator

19) Dual VHF AM/FM communication radio

20) UHF communication radio

21) Intercommunication system (ICS) with volume controls for all crew positions, minimum of four locations -pilot, copilot, observer seat and cabin attendant.

22) Night landing, position, and strobe lighting (day, night unaided).

23) 406 MHz ELT with navigation interface

24) Tactical communication radio with a minimum frequency range30MHz – 87.95 MHz.

25) Separate and distinct audio alerts / warnings for the flight deck.

26) Air conditioning and heating. Surface temperatures down to -15C are common in the winter and up to +55C in the summer. Aircraft environmental control systems should be capable of achieving and maintaining a cabin and cockpit temperature of +25C with an engine running during ground operations and +15C in flight, at all operating altitudes.

27) Pressurized crew, passenger, and cargo area

28) Emergency oxygen system allowing for all crew and passengers to utilize oxygen for minimum of 30 minutes at 18,000 feet.

D. Paint

1) Exterior paint color and markings will be specified by the DOS prior to production. 2) Some form of protection or remediation steps shall be proposed, as an option, for aircraft fuselage, antennas, and flying surfaces susceptible to damage from foreign objects encountered during operations on austere runways.

II. Technical Solution A. Condition/Remaining Component Life

B. Offerors shall provide sufficient technical detail so a determination can be made of the condition of components, airframe, aircraft.

1) Aircraft Time Since New will be less than 20,000 hours

2) All applicable Service Bulletins and Airworthiness Directives complied with.

3) Refurbished airframe, next major inspection or inspections performed, with zero accident history involving major structural damage (damage shall be defined as any history of incident or accident that seriously affected the airworthiness or structural integrity of the airframe or engines, excluding control surfaces).

4) All life limited components will have greater than 50% remaining life prior to major inspection or replacement. Exceptions will be considered after submission of substantiated historical data.

5) All major inspections due in next 18 months and/or 1200 hours to include phases 1 thru 6 shall be performed prior to delivery.

6) All scheduled and unscheduled maintenance will be completed, current and up to date as of final aircraft delivery to include faults and discrepancies found during DOS in progress and final acceptance inspections and acceptance test flight.

7) Engine shall have 0 – 100 hours since last major overhaul or factory new.

B. Modifications

1) Special Mission Equipment – AN/AAR-47 missile warning system and AN/ALE-47 missile countermeasure system. The DOS technical data package for this solution will be provided.

C. FAA Aircraft Certification

A current FAA standard category airworthiness certificate will be delivered to the Dept of State Contracting Officer and Contracting Officers representative prior to modifications to the aircraft being applied. The preferred method for equipment installations and aircraft modifications or alterations is by use of FAA approved data. For proposed equipment installations, aircraft modifications or alterations where FAA approved data is not available, the contractor shall

1) Develop installation, modification or alteration data in accordance with FAA or DoD airworthiness certification standards, and

2) Submit properly substantiated engineering data to the DOS for review.[c1]

ITEM 002 - Aircraft Avionics Modifications-

Contractor shall supply a minimum avionics package using the attached requirements. This shall include a detailed listing of the entire radio and navigation suite to include radio frequency ranges, model and cockpit layout.

ITEM 003 -Aircraft Survivability Modification

1) ATK AN/AAR-47 Missile Warning System

2) Symetrics AN/ALE 47 Countermeasures Dispensing System

3) Limited Crew Station Armor

ITEM 004 -Technical Support The Contractor shall provide up to 200 hours of aircraft and systems technical engineering support. The COR is authorized to utilize up to 200 hours of contractor technical support. Additional technical support hours may be ordered at the unit price specified in the schedule via a contract modification issued by the CO.

ITEM 005 –

Un-priced Optional Work -Any supplies and services to be furnished under this item shall be ordered by issuance of Task Orders by the Contracting Officer. Such orders may be issued at any time during the performance of this contract. Examples of task orders that may be issued under this contract include but are not limited to: research, development, and production services related to aircraft performance, component upgrades, power plant, avionics upgrades, systems integration, aircraft and aircrew protection systems to include armor, special mission equipment, aircraft structure modifications, spare and repair parts, etc.

ITEM 006 -Travel -Cost Reimbursable

C-003 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL

(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. SAQMMA14R0013.

(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 1-Solicitation/Contract Form

G-002 CONTRACT ADMINISTRATION DATA

Contracting Officer: PATRICK J MURPHY Telephone Number: 321-783-9860 X33163

First Class Mailing: U.S. Department of State Office of Acquisition Management

1038 SOUTH PATRICK DRIVE

PAFB, FL 32925

Contracting Officer's Representative (COR):

Doug Aslett U.S. Department of State Office of Aviation

1038 SOUTH PATRICK DRIVE

PAFB, FL 32925

Telephone Number:

U.S. Department of State:

(end of clause)

Section 2-Contract Clauses Clause Title 52.245-1 Government Property (Apr 2012)

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

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this 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)). XAlternate 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 (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 of 2009.).

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

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

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

X(7) 52.209–9, Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2012) (41 U.S.C. 2313). __(8) 52.209–10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111–117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110–161).

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

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

__(11) [Reserved] X(12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

X(ii) Alternate I (Nov 2011).

__(iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

__(iv) Alternate III (Jul 2010) of 52.219-9.

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

X(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, section 7102, and 10 U.S.C. 2323).

__(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). __(23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2011) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__(37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

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

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

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

__(ii) Alternate I (Mar 2012) 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 (Mar 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

__(45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f),10 U.S.C. 2307(f)). __(46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

X(47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)(31 U.S.C. 3332). __(48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

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

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

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

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

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

[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 Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__(3) 52.222-43, Fair Labor Standards Act and Service Contract Act --Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__(4) 52.222-44, Fair Labor Standards Act and Service Contract Act --Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment --Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services --Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

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

__(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

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

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

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

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). XAlternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) 52.212-4 Contract Terms and Conditions -Commercial Items (Sep 2013)

(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. In accordance with FAR 52.243-1 and 52.243-2, changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this 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-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

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

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

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

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

U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 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. 4712 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 integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

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

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

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

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

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

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

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

(End of clause) Section 3-Solicitation Provisions 52.212-1 Instructions to Offerors--Commercial Items (Feb 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers.