RFPSP0600-08-R-0303.pdf

1.REQUISITION NUMBER PAGE 1 OF 33 SOLICITATION/CONTRACT/ORDER FOR COMMERICAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 SP0600-08-0702

2.CONTRACT NO. 3.AWARD/EFFECTIVE

DATE

4.ORDER NUMBER 5.SOLICITATION NUMBER 6.SOLICITATION

ISSUE DATE

SP0600-08-R-0303 06 Feb 08 a.NAME b.T (No collect calls)

ELEPHONE NUMBER 8.OFFER DUE DATE/

LOCAL TIME

03 MAR 08

12:00 p.m. local time

7.FOR SOLICITATION

INFORMATION CALL:

Betty Hoge 210-925-1178

9.ISSUED BY CODE SP0600 12.DISCOUNT TERMS 11.DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS(15 CFR 700)

DEFENSE ENERGY SUPPORT CENTER (DESC-MK)

BLDG 1621-K

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226-1859

Email: betty.hoge@dla.mil Betty Hoge (210) 925-1178

13b. RATING DO-A2

14.METHOD OF SOLICITATION

10.THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUS

8(A)

NAICS: 325120

SIZE STANDARD: 1,000

RFQ IFB RFP

15.DELIVER TO CODE 16.ADMINISTERED BY CODE SP0600

SEE PART I, B1.09-2 SUPPLIES TO BE FURNISHED

(INDEFINITE QUANTITY) (AEROSPACE ENERGY)

(DESC APR 2006)

SEE BLOCK 9

18a.PAYMENT WILL BE MADE BY CODE HQ0104 17a.CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

Defense Finance and Accounting Service Columbus Center

ATTN: DFAS/BVDFB (AEROSPACE ENERGY)

P. O. Box 182317 Columbus, OH 43218-2317

TELEPHONE NO.

EFT:T

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADRESS IN OFFER

18b.SUMMIT INVOICES TO ADDRESS SHOWN IN BLCOK 18a UNLESS BLOCK

BELOW IS CHECKED. SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE PART I, B1.09-2 SUPPLIES TO BE FURNISHED

(INDEFINITE QUANTITY) (AEROSPACE

ENERGY)(DESC APR 2006)

(Use Reverse and/or Attach Additional Sheet as Necessary) 25.ACCOUNTING AND APPRORIATION DATA 26.TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES 29.AWARD OF CONTRACT: REFERENCE TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL DATED YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDES ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. HEREIN, IS ACCEPTED AS TO ALL 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 CONTRACTING OFFICER (Type or print) 31c.DATE

SIGNED

ROSE M. DOMINGUEZ

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 4/2002)

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

SP0600-08-R-0303

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:

32c. DATE

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

33d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g.E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37.CHECK NUMBER

36.PAYMENT

PARTIAL FINAL COMPLETE PARTIAL FINAL

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.SIGNAUTRE 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 4/2002) BACK

PART I – SF 1449 CONTINUED

IMPORTANT NOTICES TO OFFERORS:

1. The Government plans to award a five year Firm Fixed-Price Requirements-Type contract for Liquid Air as specified in the schedule. The Government will evaluate in accordance with M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DESC APR 2006). All offerors shall comply with the requirements listed in L2.35 PROPOSAL FORMAT AND

CONTENT (AEROSPACE ENERGY) (DESC AUG 2007).

2. Central Contractor Registration (CCR) is required and is available at www.ccr.gov/index.cfm or (888) 352-9333 #3.

3. For questions regarding Small Business or Small Disadvantage Business affairs, offerors are directed to Ms. Lula Manley of the DESC Small Business Office at 1-800-526-2601 or 703-767-9521.

4. The address for overnight delivery of proposals resulting from this solicitation is as follows:

Department of Defense Defense Energy Support Center Attn: Betty Hoge DESC-MK, Bldg 1621 1014 Billy Mitchell Blvd San Antonio, Texas 78226-1859

SOLICITATION FORMAT

CLAUSE NUMBER PAGE

SCHEDULE OF SUPPLIES/SERVICES

B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) 5

(AEROSPACE ENERGY) (DESC APR 2006)

DESCRIPTION/SPECIFICATIONS

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) 6

C900 STATEMENT OF OBJECTIVES/WORK AND/OR SPECIFICATIONS 7

(AEROSPACE ENERGY) (DESC APR 2006)

PACKAGING AND HANDLING

D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) (DESC APR 2006) 8

D15 CONTRACTOR SEAL REQUIREMENT (AEROSPACE ENERGY) 8

(DESC OCT 2006)

INSPECTION AND ACCEPTANCE

E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES 8

(AEROSPACE ENERGY) DESC APR 2006)

E2.01 POINTS OF INSPECTION AND ACCEPTANCE (DESC NOV 2002) 9

E6 CERTIFICATE OF CONFORMANCE (DESC JAN 2004) 9

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992) 9

E33.07 MANUFACTURING AND FILLING POINTS (DESC MAR 2006) 9

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 10

DELIVERIES AND PERFORMANCE

F1.36 DETERMINATION OF QUANTITY ((AEROSPACE ENERGY) (DESC SEP 2006) 10

F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) 11

http://www.ccr.gov/index.cfm

F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND 12

DETENTION RATES (AEROSPACE ENERGY) (DESC APR 2006)

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DESC APR 1968) 12

CONTRACT ADMINISTRATION DATA

G3.01 PAYMENT DUE DATE (DESC OCT 1988) 12

G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) 12

(DESC MAY 2006)

PART II – CONTRACT CLAUSES

I1.03-1 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2007) (FAR 52.212-4) IBR

ADDENDUM TO I1.03-1 [FAR Clause 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(SEP 2005)]

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE 13

(DESC JAN 2003)

I190.06 MATERIAL SAFETY DATA SHEET – COMMERCIAL ITEMS 15

(DESC MAR 2000)

I209.09 EXTENSION PROVISIONS (DESC APR 2003) 15

I525 ISSUE ESCALATION (DESC APR 2006) 15

PART II – CONTRACT CLAUSES - CONTINUED

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 15

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2006)

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 18

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS (SEP 2006)

PART III – LIST OF CONTRACT DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Item Description, Liquid Air, 23 OCT 2002 Attachment 1

H-14, Transport Equipment Delay Certificate Attachment 2

Contractor Past Performance Data Sheet Attachment 3

PART IV – SOLICITATION PROVISIONS

L2.05 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2005)(FAR 52.212-1) IBR

ADDENDUM TO L2.05 [FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2005)]

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 20

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) 20

L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) 21

(DESC AUG 2007)

L54.02 SITE VISIT (AEROSPACE ENERGY) (DESCAPR 2006) 23

EVALUATION – COMMERCIAL ITEMS

M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) 23

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – 24

COMMERCIAL ITEMS (ALTS I/II) (MAR 2005/APR 2002/OCT 2000)

ADDENDUM TO K1.01-10

K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DESC MAR 1999) 32

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – 32

COMMERCIAL ITEMS (JUN 1995)

K15 RELEASE OF UNIT PRICES (DESC MAR 2004) 33

K33.01 AUTHORIZED NEGOTIATORS (DESC JAN 1998) 33

K45.04 FACSIMILE INVOICING (DESC JUL 1998) 33

PART I – SF 1449 CONTINUED

B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DESC APR 2006)

(a) This is an indefinite quantity contract for the purchase of supplies (and/or services, if applicable) to be furnished during the contract term. The delivery points, methods of delivery, and estimated quantities are specified in the Schedule as contract line item numbers (CLINs). The quantities shown are best estimates of required Government quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered/loaded may be greater than or less than such quantities as allowed by the VARIATION IN QUANTITY clause.

(b) The following provisions apply ONLY if the applicable box is checked:

(1) [ X ] This is a REQUIREMENTS-TYPE contract. The Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the DESC Contracting Officer during the contract period, all items awarded under this contract, as allowed by the REQUIREMENTS clause. A Blanket Delivery Order is considered “an order”, for the purposes of this clause.

(2) [ ] This is an INDEFINITE DELIVERY/INDEFINITE QUANTITY contract. The Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the Contracting Officer during the contract period, at least the quantity of supplies or services designated in the Schedule as the “minimum”, as allowed by the INDEFINITE QUANTITY clause. A Blanket Delivery Order is considered “an order”, for the purposes of this clause

(3) [ X ] Orders issued by the Ordering Officer at the destination location are considered extensions of the Blanket Delivery Order issued by the DESC Contracting Officer and, as such, may be issued orally, by facsimile or by electronic commerce methods, as allowed by the ORDERING clause.

(4) [ X ] The unit prices specified below shall be fixed for the term of the contract.

(5) [ ] The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT – STANDARD SUPPLIES clause, as contained in the Schedule.

(6) [ ] The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT – SEMISTANDARD SUPPLIES clause, as contained in the Schedule.

(7) [ X ] Items of this contract call for f.o.b. destination delivery, unless the item specifies otherwise. The destination for each item is the point of delivery shown in the particular item. Inspection for quality will be at origin with final acceptance at destination. Applicable to CLIN(s) 0001____________________________________.

(8) [X ] F.o.b. destination item(s) called for under this contract shall have shipment quantity determination performed at destination.

(9) [ ] Items of this contract call for f.o.b. origin delivery, unless the item specifies otherwise. Inspection and acceptance will be at origin. Applicable to CLIN(s) ________________________________________.

(10) [ X ] Any offers received for less than the full quantity for each line item will be rejected by the Government.

(11) [ ] A copy of the certified weight ticket shall accompany each shipment.

(12) [ X ] A copy of the Certificate of Analysis shall accompany each shipment.

(13) [ X ] An original and one copy of the H-14 Transport Equipment Delay Certificate shall be provided with each shipment, if applicable.

(DESC 52.207-9F79)

ITEM SUPPLIES/SERVICES ESTIMATED UNIT PRICE TOTAL

QTY/UNIT AMOUNT

0001 LIQUID AIR

IAW ITEM DESCRIPTION DATED 23 OCT 2002

NSN: 9135-01-103-8068

Destination: ARNOLD AFB, TN

0001AA YEAR ONE 15,000 GAL __________ __________

I MAY 08 THROUGH 30 APR 09

0001AB YEAR TWO 25,000 GAL __________ __________

I MAY 09 THROUGH 30 APR 10

0001AC YEAR THREE 15,000 GAL __________ __________

I MAY 10 THROUGH 30 APR 11

0001AD YEAR FOUR 30,000 GAL __________ __________

I MAY 11 THROUGH 30 APR 12

0001AE YEAR FIVE 30,000 GAL __________ __________

I MAY 12 THROUGH 30 APR 13

0002 SERVICES: MISCELLANEOUS

IAW C-900 Paragraph 4.3(b) TO BE NEGOTIATED

DELIVERY LEAD TIME

NSN: 9135-01-103-8068

0003 SERVICES: DETENTION Qtr Hr _______________ IAW Clause F3.10 TRANSPORT

TRUCK AND/OR TRUCK AND

TRAILER FREE TIME AND DETENTION

RATES (AEROSPACE ENERGY) (DESC APR 2006)

NOTE 1: CLIN 0002 for SERVICES –MISCELLANEOUS, may or may not be required. There is no Estimated Quantity.

As such, CLIN 0002 will not be evaluated as part of price evaluation in the award of a contract.

DESCRIPTION/SPECIFICATIONS

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000)

Unless otherwise specified, the issues of Federal and Military specifications, standards, and related standardization documents and those non-Government standards adopted for Department of Defense use, which are cited in this solicitation/contract, are those listed in the most recent Department of Defense Index of Specifications and Standards (DODISS) and any applicable supplement. The basic DODISS is issued on July 1st every year; supplementals thereto are issued every other month thereafter, those dates being September 1st, November 1st, January 1st, March 1st, and May 1st., (DESC 52.246-9FT1)

C900 STATEMENT OF OBJECTIVES/WORK AND/OR SPECIFICATIONS (AEROSPACE ENERGY) (DESC APR 2006)

1.0 DESCRIPTION OF REQUIREMENT: The Defense Energy Support Center (DESC), Defense Logistics Agency, as the Department of Defense (DoD) Integrated Materiel Manager (IMM) for Aerospace Energy products and related services, requires production and delivery of Liquid Air to Arnold AFB, TN. The Contractor shall provide all production, raw materials, supplies, management, tools, equipment, and labor necessary for the manufacture and delivery of Liquid Air from the Contractor’s facility. The contract will be for the period of 1 May 08 through 30 Apr 13.

The requirement for Liquid Air is an estimated total quantity of 115,000 gallons. The intended use of this product is to provide “cold” process/ combustion air for turbine engine testing. All deliveries shall be FOB Destination into a government-owned storage tank at Arnold AFB, TN.

2.0 PRODUCT SPECIFICATION:

(a) Offered product shall conform to the requirements of the DESC Liquid Air Item Description, dated 23 Oct 2002.

(b) One copy of a certificate of analysis for each sample required by the specification shall accompany each shipment and one copy shall be sent to DESC-BP/BQ within three days after the analysis of that sample. The analysis report shall be emailed to tech.prop@dla.mil or faxed to the attention of DESC-BP/BQ (210) 925-8048.

3.0 QUANTITY DETERMINATION:

3.1 Quantity delivered shall be determined at destination. All quantities shall be invoiced in whole gallons.

3.2 For invoice purposes, if quantity determination requires conversion from lbs or scf to gallons, then the following conversion factors apply:

(a) 1 gallon = 7.294 lbs

(b) 1 gallon = 97.33 scf

4.0 DELIVERIES OR PERFORMANCE:

4.1 SHIP PRODUCT TO: 656 Support Squadron Logistic

1433 Fifth Street Arnold AFB TN 37389-9100

4.2 DELIVERY HOURS: Due to mission critical requirements, deliveries are “time sensitive” and must be delivered within the requested time frame.

(a) Normal Delivery Hours: 0700 to 1400 Monday through Friday, as scheduled, excluding federal holidays. The normal turn around time will be 2 hours, if delivered within the requested time frame.

(b) Emergency Delivery Hours: All hours outside Normal delivery hours as stated in para

(a) of this section.

4.3 DELIVERY LEAD TIME:

(a) On normal requirements, the Contractor shall deliver all shipments to the required customer facility within 48 hours after receipt of Delivery Order (DO) unless a longer period is specified in the DO as issued by the Contracting Officer (CO).

(b) Emergency deliveries are not expected but may occur. If an emergency delivery is required, the Contractor shall deliver within 16 hours after receipt of DO from the CO. Emergency deliveries will be on a case-by-case basis to be negotiated (TBN) under the miscellaneous services contract line item.

5.0 SECURITY REQUIREMENTS: The contractor shall report to gate #2, security will contact AEDC/MAT and an escort will be provided.

6.0 GOVERNMENT FURNISHED PROPERTY:

6.1 Storage tank, location and capacities are as follows:

Liquid Air:

Tank capacity Location # of tanks (gallons) MAWP

Test Area of 1 6,000 225 psig Bldg 878, Door 34 mailto:tech.prop@dla.mil

6.2 Typically product will be off loaded into tank containing a pressure of 0 to 40 psig. If tank is in use and pressurized (~120 psig), product will need to be pumped using contractor supplied pump.

6.3 Connection to tank is via a three-inch “blue” quick connect fitting on rigid line.

PACKAGING AND HANDLING

D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) (DESC APR 2006)

(a) The Contractor shall be responsible for ensuring the hazardous materials shipment is in full compliance with all applicable packaging/packing, marking, labeling, placarding, blocking and bracing, and palletizing and shipping certifications in force and effect on the date of the shipment in accordance with the following applicable rules and regulations for the individual hazard, ultimate destination, and mode of transportation:

(1) Title 49 of the Code of Federal Regulations (49 CFR) -- Packaging.

(2) DLAI 4145.3, Preparing Hazardous Materials for Military Air Shipments.

(3) International Air Transport Association (IATA) -- Dangerous Goods Regulations.

(4) International Civil Aviation Organization (ICAO) -- Technical Instructions for the Safe Transportation of Dangerous Goods by Air.

(5) International Maritime Organization (IMO) -- International Maritime Dangerous Goods (IMDG) Code (for overseas shipments by vessel).

(6) MIL-STD 129, Standard Practice for Military Marking (for military destinations).

(7) MIL-HDBK 774, Department of Defense Handbook, Palletized Unit Loads (for guidance only).

(8) ASME MH 1.8, Wood Pallets.

(b) Contractor commercial packaging (ASTM D 3951) shall also be in compliance with the requirements listed.

(DESC 52.223-9F17)

D15 CONTRACTOR SEAL REQUIREMENT (AEROSPACE ENERGY) (DESC OCT 2006)

(a) The Contractor shall place tamper indicating devices (TIDs) such as a seal or cap on the shipping container(s) immediately after filling and sampling. The TIDs shall be placed on the containers in such a manner that pilferage or tampering of the product could only be accomplished by breaking or otherwise destroying the TID. This may require the application of several TIDs on each shipment container.

(b) Where possible, the TID shall be printed with a serial number. The container number and TID number(s) shall be recorded on the certificate of analysis and on the shipping documents. Monthly equipment inventory reports provided to DESC by the Contractor shall include container numbers as well as corresponding TID numbers.

(c) TIDs shall not be removed from a container unless authorized by DESC. If a TID is broken or no longer intact, the Contractor shall contact the Contracting Officer for further instructions. If the Contractor is instructed to place a new TID on the container, the new TID number (if applicable) shall be noted, along with the container number, as stated in paragraph (b) above.

(DESC 52.211-9FN1)

INSPECTION AND ACCEPTANCE

E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (AEROSPACE ENERGY) (DESC APR 2006)

(a) QUALITY CONTROL PLAN.

(1) The Contractor shall provide and maintain an inspection system and a written Quality Control Plan (QCP) acceptable to the Government. If the Contractor is ISO certified Q91 (ISO9001) Quality Management Systems, they have the option to offer their Q91 inspection system as their QCP provided their Q91 written plan incorporates all the QCP elements identified below. The QCP shall be established and reviewed for adequacy by the Quality Representative (QR) prior to commencement of production or services.

(2) The QCP shall include--

(i) A schematic diagram of plant facilities pertinent to the inspection system indicating all inspection points;

(ii) Sampling procedures.

(iii) Sample testing methods/procedures;

(iv) Analytical and measuring equipment calibration program;

(v) Loading/shipping procedures;

(vi) Records maintenance and reports preparation/distribution; and

(vii) Corrective action procedures.

(b) The Contractor shall perform all inspection tests required by the specification/item description of the supplies to be furnished under this contract or shall have such tests performed in a laboratory acceptable to the Government. The

Contractor shall notify the QR in sufficient time to permit inspection by the Government. When such tests are performed at origin on supplies to be accepted at destination, documentation that will enable verification of the original test results shall be provided to the Government at the time of acceptance.

(DESC 52.246-9FE2)

E2.01 POINTS OF INSPECTION AND ACCEPTANCE (DESC NOV 2002)

(a) F.o.b. origin deliveries will be inspected and accepted at origin.

(b) F.o.b. destination deliveries will be inspected at origin and accepted at destination.

(DESC 52.246-9FP1)

E6 CERTIFICATE OF CONFORMANCE (DESC JAN 2004)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the Material Inspection and Receiving Report (DD Form 250) or other authorized document that is distributed to the payment office (Block 12 of the DD Form 250). A copy shall also be sent with the shipment and to the CAO (Block 10 of the DD Form 250); however, the CAO copy shall only be sent if specifically requested by the Contracting Officer.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

"I certify that on ______________ [insert date], the ______________________________________ [insert Contractor's name] furnished the supplies or services called for by Contract No. ______________________ via ______________________ [Carrier] on ________________________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution:_____________________________________________________

Signature: ___________________________________________________________

Title: _______________________________________________________________

(DESC 52.246-9F01)

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992)

The Quality Office assigned inspection responsibility under this contract is

TO BE DETERMINED AT TIME OF AWARD.

(DESC 52.246-9F35)

E33.07 MANUFACTURING AND FILLING POINTS (DESC MAR 2006)

The name, complete addresses and telephone number of the manufacturing and filling points for each product to be furnished hereunder are as follows:

NAME AND COMPLETE ADDRESS

PRODUCT MANUFACTURING POINT - FILLING POINT

Liquid Air ___________________________________ IAW Item Description Dated 23 Oct 2002 ____________________________________

(DESC 52.246-9F50)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004)

(a) The Government may, at it’s discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(b) The following procedures shall be used to request a deviation or waiver to the applicable nonconformance(s).

A deviation is a request by a Contractor to deviate from the contract requirements after contract award, but prior to initial production of each product (for the duration of the contract). A waiver is a request by a Contractor to deviate from the contract requirements after initial production or each product (on a case-by-case basis or for a set period).

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the Quality Representative (QR). Each request shall provide the following information: Contractor name; contract number; contract line item and product, if applicable; clause number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and equitable price adjustment offered over the administrative fee. In extraordinary situations, the Contractor may initially submit the request for a waiver, not a deviation, through the cognizant QR to the Contracting Officer or the Contracting Officer's Representative (COR) in the Quality Operations Division (DESC-BQ) of the Defense Energy Support Center (DESC). Extraordinary situation requests shall be submitted formally to the Contracting Officer prior to close of business of the next normal DESC workday (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). As used in this clause, the term extraordinary situation means the matter cannot await resolution until the next normal DESC workday. In addition, if either the Contracting Officer or the COR cannot be reached, the Duty Officer shall be contacted and provided the necessary information to forward to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420; (DSN) 427-8420.

(2) If a deviation or waiver is granted, the contract will be modified to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation dictates, a deviation or waiver may be granted without prior agreement on price adjustment or other consideration subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such agreement shall be documented on the receiving document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(3) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $250 to cover administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(4) If a deviation or waiver is granted modifying this contract but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $500, a second contract modification shall be issued reducing the Contractor's obligation to $500 (the administrative cost of issuing the two required modifications).

(c) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS’ BUNKERS), or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause, then in no event will consideration be less than $250 to cover administrative costs. This $250 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(d) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DESC contract.

(e) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

(DESC 52.246-9FQ5)

DELIVERIES OR PERFORMANCE

F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, CRYOGENICS AND GASES) (AEROSPACE

ENERGY) (DESC APR 2006)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined according to one of the following methods:

(1) DELIVERIES INTO OR BY PIPELINE.

(i) F.O.B. ORIGIN.

(A) On items requiring delivery at the Contractor's terminal or plant, the quantity shall be determined by a calibrated flow meter.

(B) The Government retains the right to have a representative witness quantity measurements performed by the Contractor.

(ii) F.O.B. DESTINATION.

(A) At the Government’s option, quantity determinations will be made at the receiving activity on the basis of a calibrated flow meter.

(B) The Contractor has the right to have a representative witness quantity measurements performed by the Government.

(C) If the Government does not opt to perform quantity determinations at the destination (see schedule), the Contractor shall determine quantity on the basis of a calibrated flow meter.

(D) The Government retains the right to have a representative witness quantity measurements performed by the Contractor.

(2) DELIVERIES BY OTHER THAN PIPELINE.

(i) F.O.B. ORIGIN.

(A) On items requiring delivery at the Contractor's terminal or plant, the quantity shall be determined (at the Contractor's option) on the basis of--

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

(c) Pressure Temperature Fill Charts/Calculations (for gaseous cylinders and tube trailers).

(B) The Government retains the right to have a representative witness quantity measurements performed by the Contractor.

(ii) F.O.B. DESTINATION.

(A) At the Government’s option, quantity determinations will be made at the receiving activity on the basis of—

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

(c) Pressure Temperature Fill Charts/Calculations (for gaseous cylinders and tube trailers).

(B) The Contractor has the right to have a representative witness quantity measurements performed by the Government.

(C) If the Government does not opt to perform quantity determinations at the destination (see Schedule), the Contractor shall determine quantity on the basis of--

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

(c) Pressure Temperature Fill Charts/Calculations (for gaseous cylinders and tube trailers).

(D) The Government retains the right to have a representative witness quantity measurements performed by the Contractor.

(b) MEASUREMENT STANDARDS. Weight scales used in determining net shipping volumes shall be certified as calibrated within the frequency required by local regulation. If no local regulation exists, the frequency of calibration shall be conducted in accordance with weight scale manufacturer recommendation or every six months, whichever is more frequent.

All flow meters used in determining product volume shall be calibrated within the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every six months, whichever is more frequent. Pressure gauges and thermometers used to calculate fill quantities for gaseous cylinders and tube trailers shall be calibrated at least every six months. The net quantity shipped shall be reported on the DD Form 250 or commercial equivalent, whichever is applicable.

(DESC 52.211-9FB6)

F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) (DESC APR 2006)

The Contractor shall be responsible for ensuring the transportation of hazardous materials is in full compliance with all applicable rules and regulations below that are in force and effect on the date of the shipment for the individual hazard, ultimate destination, and mode of transportation:

(a) Title 49 of the Code of Federal Regulations (49 CFR) -- Transportation.

(b) DLAI 4145.3, Preparing Hazardous Materials for Military Air Shipments.

(c) International Air Transport Association (IATA) -- Dangerous Goods Regulations.

(d) International Civil Aviation Organization (ICAO) -- Technical Instructions for the Safe Transportation of Dangerous Goods by Air.

(e) International Maritime Organization (IMO) -- International Maritime Dangerous Goods (IMDG) Code (for overseas shipments by vessel).

(DESC 52.247-9FJ6)

F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (F.O.B.

DESTINATION) (AEROSPACE ENERGY) (DESC APR 2006)

(a) The Contractor shall be paid for detention beyond free time for delays caused by the Government. Free time will commence at the time the Contractor’s transport truck or truck and trailer arrives at the delivery destination (receiving tank identified in the contract) and will end when the carrier is released. For items involving multiple drops, time between drops will not be included in the free time. The attached Form H-14, Transport Equipment Delay Certificate, shall be completed to show the date and time the carrier arrived and departed and the reason(s) for the delays. This form must be signed by both the driver and unloading personnel. A signed copy of this form must be sent to—

DEFENSE ENERGY SUPPORT CENTER

ATTN: DESC-MIC (INVOICE MONITOR)

BUILDING 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226-1859

(b) A minimum of two hours time is required by the Government. If Contractor free time is beyond two hours, indicate here: __________.

(c) The rate for detention shall be comparable to regulated tariffs governing the local area of the receiving activity. The rate for detention shall be stated by quarter hour.

(d) The above will not be considered in the evaluation of offers for award, except that free time of less than two hours or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive.

(e) Detention Costs: Invoices for detention costs will be forwarded directly to the address stated above.

(DESC 52.247-9FK3)

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DESC APR 1968)

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery Schedule or date, it shall immediately notify the Contracting Officer, in writing, giving pertinent details; PROVIDED, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery Schedule or date or of any rights or remedies provided by law or under this contract. (DESC 52.242-9FM1)

CONTRACT ADMINISTRATION DATA

G3.01 PAYMENT DUE DATE (DESC OCT 1988)

When payment due date falls on a Saturday or Sunday, or on a United States Official Federal holiday, payment will be due and payable on the following workday.

(DESC 52.232-9F45)

G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) (DESC MAY 2006)

(a) Supporting documentation required for processing payment to the Contractor after delivery of product shall be the original of the DD Form 250, Material Inspection and Receiving Report, or an original of its commercial equivalent. If required by the Schedule, a copy of the certified weight ticket shall accompany each shipment.

(1) FOR F.O.B. ORIGIN DELIVERIES. The original DD Form 250 or commercial equivalent shall have been certified by the Government’s Quality Assurance Representative (QAR) and have the QAR’s typed name, title, mailing address and office phone number included on the document.

(2) FOR F.O.B. DESTINATION DELIVERIES. The original DD Form 250 or commercial equivalent shall be provided to the customer/Defense Fuel Support Point (DFSP) to verify receipt of the product at the time of delivery who shall provide the original DD Form 250 or commercial equivalent to a Government representative to certify acceptance of the delivery.

For f.o.b. destination deliveries that require f.o.b. origin inspection, the DD Form 250 shall have both the origin QAR’s and the customer’s/DFSP’s signatures.

(3) FOR C.O.C. DELIVERIES. The original DD Form 250 or commercial equivalent shall be certified by the Contractor, in accordance with the applicable contract clause, verifying delivery in accordance with contract terms and conditions and the Schedule.

(b) The Contractor shall directly fax the original product invoice along with the original DD Form 250 or commercial equivalent, as described above, within 15 calendar days of delivery, into the Electronic Document Management system at 866- 313-2340 or (614) 693-2630.

(c) In addition, the Contractor shall concurrently mail a copy of the signed DD Form 250 or commercial equivalent and, if required by the Schedule, a copy of the certified weight ticket to—

DEFENSE ENERGY SUPPORT CENTER

ATTN: DESC-MIC (INVOICE MONITOR)

BUILDING 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226-1859

FAX: 210-925-8048, ATTN: DESC-MIC (Invoice Monitor)

(d) If the contract involves services such as lease of Contractor-furnished equipment, services of any nature, and/or additional service charges otherwise allowed by the Schedule, such as Delay and Standby, the Contractor shall submit a separate service original invoice to the DESC-MIC Invoice Monitor at the address shown in paragraph (c) above. Unless stipulated otherwise in the contract, all invoices for service will be submitted after the services have been performed. In the case of leased containers, the invoice shall also include the container serial number or other unique identifier as well as information relative to the product that the container supports, i.e., name of the product, NSN, etc.

(DESC 52.232-9FF2)

PART II – CONTRACT CLAUSES

I1.03-1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2007) (FAR 52.212-4) IBR

ADDENDUM TO I1.03-1 [FAR 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2003)]

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DESC JAN 2003)

(a) This clause incorporates contract clauses and solicitation provisions by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

(b) The full text of any FAR, DFARS, or DLAD solicitation clause or provision may be accessed electronically at these addresses:

FAR/DFARS: http://farsite.hill.af.mil DLAD: http://www.dla.mil/j-3/j-336

(c) All DESC clauses and provisions are contained in full text in this document.

(d) Solicitation Provisions Only. The offeror is cautioned that the solicitation provisions listed in (e)(1) below may include blocks that must be completed by the offeror and submitted with its quotation or offer. As long as the offeror identifies the solicitation provision by number, the offeror may simply complete those paragraphs requiring fill-in information to submit with its quotation or offer. In addition to the solicitation provisions listed in (e)(1) below, the contract clauses listed in (e)(2) below shall apply to any resultant contract but do not require the submission of additional offer information.

(e) The following FAR/DFARS/DLAD contract clauses and solicitation provisions are hereby incorporated by reference in addition to those listed in the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS and the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS clauses:

(1)

SOLICITATION REGULATORY

PROVISION NUMBER NUMBER PROVISION TITLE

K85 DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE

GOVERNMENT OF A TERRORIST COUNTRY (MAR 1998)

L2.11-2 FAR 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(c) (210) 925-9758 http://farsite.hill.af.mil/ http://www.dla.mil/j-3/j-336

L5.01-1 DLAD 52.233-9000 AGENCY PROTESTS (SEP 1999) – DLAD

L 74 FAR 52.216-1 TYPE OF CONTRACT (APR 1984

Firm Fixed-Price Requirements-Type Contract

L125 FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE

USE (SEP 1990)

( ) DX rated order (X) DO rated order (2)

CONTRACT REGULATORY

CLAUSE NUMBER NUMBER CLAUSE TITLE

E5 FAR 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996)

F18 FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)

F105 FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(b) 10% Percent increase 10% Percent decrease

This increase or decrease shall apply to Product CLIN 0001.

F108 FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

I1.07 DFARS 252.204-7004 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A)

(OCT 2003/NOV 2003)

I11.04 FAR 52.242-13 BANKRUPTCY (JUL 1995)

I14.04 DFARS 252.225-7002 QUALIFYING COUNTRY SOURCES AS

SUBCONTRACTORS (APR 2003)

I28.26 DFARS 252.225-7013 DUTY-FREE ENTRY (APR 2003)

I81 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I84 FAR 52.216-21 REQUIREMENTS (OCT 1995)

(f) 60 days after expiration of the ordering period.

I86 FAR 52.216-19 ORDERING LIMITATIONS (OCT 1995)

(a) MINIMUM ORDER QTY: 5,000 GL (b)(1) MAXIMUM ORDER QTY: 28,000 GL (b)(2) N/A (b)(3) N/A

(d) One (1)

I118 FAR 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS

(SEP 1990)

I139 DLAD 52.211-9002 PRIORITY RATING (MAR 2000) – DLAD

I140 DLAD 52.211-9004 PRIORITY RATING FOR VARIOUS LONG-TERM

CONTRACTS (MAR 2000) – DLAD

I171.01-4 DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-

OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN

SMALL BUSINESS CONCERNS (SEP 2004)

I198 DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

I211 FAR 52-216-18 ORDERING (OCT 1995)

(a) From: Date of Award To: 30 Apr 2013.

I350 FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

(DESC 52.252-9F08)

I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DESC MAR 2000)

(a) The Contractor agrees to submit to the Contracting Officer, upon request, a Material Safety Data Sheet (MSDS) that meets the requirements of 29 CFR 1910.1200(g) and the latest revision of Federal Standard No. 313 for all requested contract items. MSDSs must cite the contract number, the applicable CAGE code of the manufacturer, and, where so identified, the National Stock Number (NSN).

(b) The data on the MSDSs must be current and complete, reflecting the final composition of the product supplied. Should the description /composition of the product change in any manner from a previously submitted MSDS, the Contractor shall promptly provide a new MSDS to the Contracting Officer.

(DESC 52.223-9F06)

I209.09 EXTENSION PROVISIONS (DESC APR 2003)

(a) The DESC Contracting Officer reserves the right to unilaterally extend this contract on the same terms and conditions one or more times for a total of no more than six months. Notice of contract extension will be furnished to the Contractor 30 days prior to expiration of this contract or any extension thereof. However, nothing in this clause precludes the Contractor from agreeing to an extension of the contract if the DESC Contracting Officer fails to issue the notice within the 30 day time frame.

(b) The foregoing extension may be exercised by the DESC Contracting Officer where continued performance is required until a follow-on contract is awarded or, in the event a follow-on contract has been awarded, until a succeeding Contractor is positioned to commence performance.

(c) Extension of this contract shall be considered to have been accomplished at the time the DESC Contracting Officer provides written notification to the Contractor by facsimile or by mail.

(DESC 52.217-9F20)

I525 ISSUE ESCALATION (DESC APR 2006)

Any and all differences and disputes (hereafter referred to as “issues”) shall be addressed promptly and in good faith by negotiations between the parties. The parties shall follow the informal and escalating procedures set forth below. All deadlines specified in this paragraph may be extended or shortened by mutual agreement of the parties.

(a) Issues shall be identified as early as possible and notice to the other party shall be provided in writing by the person who has the most direct knowledge of the circumstances surrounding the issue. Within 10 days after delivery of the notice, the parties shall meet in person to discuss the issue and attempt to resolve it. This meeting shall be attended by those persons most directly involved or most knowledgeable about the issue in question.

(b) If the issue is not resolved within a reasonable time after this meeting, not to exceed 10 days, a second meeting or a conference call will be convened, attended by higher level managers of the parties who are at least one level within their organizations above that of the individual who participated in the first meeting and who have authority to settle the issue.

(c) If the issue has not been resolved within 15 days of this second meeting, either party may initiate mediation or any other form of Alternative Dispute Resolution. Alternatively, the parties may follow the formal procedures provided in the Contracts Dispute Act.

(DESC 52.211-9FN5)

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS (DEC 2007)

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

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 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 shall check as appropriate.]

[ X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[ ] (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

[ X ] (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer.) (15 U.S.C. 657a).

[ ] (4) [RESERVED]

[ ] (5) (i) 52.219-6, Notice of Total Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (Oct 1995) of 52.219-6.

[ ] (iii) Alternate II (Mar 2004) of 52.219-6.

[ ] (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).

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

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

[ X ] (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

[ ] (8) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (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.

[ ] (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

[ ] (10) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i)).

[ ] (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[ ] (ii) Alternate I (Jun 2003) of 52.219-23.

[ ] (12) 52.219-25, Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (13) 52.219-26, Small Disadvantaged Business Participation Program – Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004).

[ ] (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

[X] (16) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

[X] (17) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126).

[X] (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

[X] (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

[ X] (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

[ ] (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

[ ] (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

[ ] (i) Alternate I (Aug 2007) of 52.222-50.

[ ] (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

[ ] (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

[ ] (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

[ ] (27) 52.225-1, Buy American Act – Supplies (Jun 2003) (41 U.S.C.