09R0704 - Amd 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

1 23

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

June 15, 2009

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

SC0600 7. ADMINISTERED BY (If other than Item 6) CODE SC0600

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J. KINGMAN RD SUITE 2954

FT BELVOIR VA 22060-6222 FAX 703-767-9269

BUYER/SYMBOL – FARHEENA KHAN AND EMMA SMITH / DESC-BCC

PHONE - (703) 767-9265 / (703) 767-9253

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code)

X

9a. AMENDMENT OF SOLICITATION NO.

SP0600-09-R-0704

9b. DATED (SEE ITEM 11)

June 4, 2009

10a. MODIFICATION OF CONTRACT/ORDER NO.

BIDDER CODE: DUNS NUMBER:

10b. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[x] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ x ] is extended, [] is not extended Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning __1__ copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [X] is required to sign this document and return 1 (one) copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

see following pages

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME OF CONTRACTING OFFICER

PHYLLIS M. ORANGE

15B. NAME OF CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign)

15C.DATE

SIGNED

16B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

16C.DATE

SIGNED

SF30

Amendment 0001

A. The offer due date has been extended from July 6, 2009 at 3:00 PM local time to JULY 13, 2009 at 3:00 PM local time.

B. Clause B1 Supplies to be Furnished (Bulk) (DESC SEP 2001), is hereby revised as follows:

1. Navy Items 0001 and 0002 are revised as follows:

Corrosion inhibitor/lubricity improver. A corrosion inhibitor/lubricity improver in accordance with MIL- PRF-25017 shall be blended into HRJ-5. The amount added shall be equal to or greater than the minimum effective concentration and shall not exceed the maximum allowable concentration for an approved source as specified in the latest revision of QPD-25017.

ITEM LOCATION TOTAL QTY (USG) PRICE/USG MODE

0001 (SEE DETAILS FOR INDIVIDUAL 40,000 $_________ ______

CUSTOMERS TO BE SUPPLIED)

NAS PATUXENT RIVER, MD (1,500 USG - ESTIMATED DELIVERY DATE SEPEMBER 15, 2009)

MODE FSII SDA CI AO

IC NONE NONE NONE REQUIRED

TRUCK NONE NONE NONE REQUIRED

GENERAL ELECTRIC, EVANDALE, OH (16,500 USG – ESTIMATED DELIVERY DATE NOVEMBER 1, 2009)

IC NONE NONE REQUIRED REQUIRED

TRUCK NONE NONE REQUIRED REQUIRED

NAS PATUXENT RIVER, MD (22,000 USG - ESTIMATED DELIVERY DATE APRIL 1, 2010)

IC NONE NONE REQUIRED REQUIRED

TRUCK NONE NONE REQUIRED REQUIRED

OPTION-QUANTITY REQUIREMENT - JULY 1, 2010 THROUGH JANUARY 1, 2012

0002 (TO BE DETERMINED) 150,000 $_________ ______

2. Air Force requirements, note 4 is hereby revised as follows:

Item 0003 and option quantity Item 0005 will be awarded to one offeror utilizing any plant(s) and/or algal oil as a feedstock or feedstock blend. Item 0004 and option quantity Item 0006 will be awarded to the same or different offeror, utilizing an animal fat feedstock or animal fat feedstock blend. In the event that no technically acceptable offer is received for an animal fat based feedstock, then award will be made for a second fuel produced from different plant(s) and/or algal based feedstocks or feedstock blends. For a plant and/or algal oil based product, a product will be considered to be different from another product if it contains more than 25% of an oil or oils not contained in the other product.

3. Air Force Items 0003 and 0004 are revised as follows:

0003 (SEE DETAILS FOR INDIVIDUAL 100,000 $_________ ______

WRIGHT-PAT AFB, DAYTON, OH (6,000 USG–TO BE DELIVERED NLT 120 DAYS AFTER CONTRACT AWARD)

MODE FSII SDA CI AO

IC NONE REQUIRED NONE REQUIRED

TRUCK NONE REQUIRED NONE REQUIRED

ARNOLD ENG DEV CTR, TULLAHOMA, TN (84,000 USG–TO BE DELIVERED NLT 300 DAYS AFTER CONTRACT

AWARD)

MODE FSII SDA CI AO

IC NONE REQUIRED NONE REQUIRED

TRUCK NONE REQUIRED NONE REQUIRED

EDWARDS AFB, NORTH EDWARDS, CA (10,000 USG–TO BE DELIVERED NLT 300 DAYS AFTER CONTRACT

AWARD)

MODE FSII SDA CI AO

0004 (SEE DETAILS FOR INDIVIDUAL 100,000 $_________ ______

WRIGHT-PAT AFB, DAYTON, OH (6,000 USG–TO BE DELIVERED NLT 120 DAYS AFTER CONTRACT AWARD)

MODE FSII SDA CI AO

IC NONE REQUIRED NONE REQUIRED

TRUCK NONE REQUIRED NONE REQUIRED

ARNOLD ENG DEV CTR, TULLAHOMA, TN (84,000 USG–TO BE DELIVERED NLT 300 DAYS AFTER CONTRACT

AWARD)

MODE FSII SDA CI AO

IC NONE REQUIRED NONE REQUIRED

TRUCK NONE REQUIRED NONE REQUIRED

EDWARDS AFB, NORTH EDWARDS, CA (10,000 USG–TO BE DELIVERED NLT 300 DAYS AFTER CONTRACT

AWARD)

MODE FSII SDA CI AO

4. Air Force Option Quantity Requirements Items 0005 and 0006 are revised as follows:

OPTION-QUANTITY REQUIREMENT – OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2013

0005 (SEE DETAILS FOR INDIVIDUAL 100,000 $_________ ______

CUSTOMERS TO BE SUPPLIED)

ARNOLD ENG DEV CTR, TULLAHOMA, TN (100,000 USG)

MODE FSII SDA CI AO

0006 (SEE DETAILS FOR INDIVIDUAL 100,000 $_________ ______

ARNOLD ENG DEV CTR, TULLAHOMA, TN (100,000 USG)

MODE FSII SDA CI AO

C. General Solicitation Notes are hereby revised as follows:

1. Navy Requirement, Note 6 is deleted in its entirety and replaced with the following:

In order to minimize the variables during this initial testing, the feedstock oil used to produce all quantities of HR-J5 fuel shall come from the same source. The offeror shall identify the location and process used to produce the oil.

2. Air Force, Note 4 is revised as follows:

Materials: Hydrotreated Renewable JP-8 (HR-J8) fuel supplied under this procurement shall consist predominately of n-paraffins, iso-paraffins and cycloparaffins and shall be produced solely from triglycerides and free fatty acids derived from either plant or algal oils, mixtures of plant and algal oils, or animal fat.

D. The following new requirement, line item 0007 is hereby added to the solicitation:

NAVY REQUIREMENT

HYDROTREATED RENEWABLE JP5 (HR-J5) – ALGAE OIL DERIVED

BASE-YEAR REQUIREMENT – DELIVERY DATE JUNE 30, 2010

NOTES:

1. FOB Origin into Tank Truck (TT) or Intermodal Container (IC).

2. FOB Origin TT restricted to domestic FOB points.

3. Tank Truck is the preferred mode of delivery.

4. FOB Origin TT and IC offers will be evaluated directly to the end-user locations.

0007 (SEE DETAILS FOR INDIVIDUAL 1,500 $_________ ______

NAS PATUXENT RIVER, MD (1,500 USG)

IC NONE NONE NONE REQUIRED

TRUCK NONE NONE NONE REQUIRED

E. GENERAL SOLICITATION NOTES FOR ALGAL OIL:

1. The ordering period is DATE OF AWARD through JUNE 30, 2010 (see Clause F4 below).

2. Any resultant contract will be Firm Fixed Price (see Clause L74).

3. The guaranteed purchase quantity is not less than 75 percent (see Clause I86.12).

4. Materials. Hydrotreated Renewable JP-5 (HRJ5) fuel supplied under this procurement shall consist predominately of n-paraffins, iso-paraffins and cylcoparaffins and shall be produced solely from triglycerides and free fatty acids derived from algal oil.

5. Chemical and physical requirements. The chemical and physical requirements of the finished HRJ5 shall conform to those listed in Navy Specifications Attachment 1.

6. Feedstock. In order to minimize the variables during this initial testing, the oil shall come from the same source. The offeror shall identify the location and process used to produce the oil.

7. Production. The offeror shall identify the location and production processes utilized to produce the

HRJ5.

F. THIS CLAUSE APPLIES TO ALGAL OIL NAVY REQUIREMENT ONLY

F4 DELIVERY AND ORDERING PERIODS (DESC JUN 2002)

(a) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, will be as follows unless the Schedule specifies otherwise:

(1) Ordering period begins: DATE OF AWARD and ends: JUNE 30, 2010.

(2) Delivery period begins: DATE OF AWARD and ends: JUNE 30, 2010.

(b) Notwithstanding the foregoing, deliveries prior to the delivery period, made at the option of the Contractor and pursuant to an order by the Government, shall be deemed to have been made under this contract at the applicable contract price(s).

(DESC 52.242-9F75)

G. The offeror shall provide a general description of how the offeror will ensure a reliable supply of on-spec product to meet the Government’s requirements as stated in the solicitation.

1. Describe the entire process used to manufacture the refined fuel.

2. Describe the type of all feedstocks used to produce the feedstock oil. Identify the location and process used to produce the feedstock oil. . If the oil is a blend, identify the type and percentage of each oil in the blend and the source.

3. If the offeror is not the manufacturer for every step in production cycle, the offeror shall provide supply and /or manufacturing commitments for production processes not performed by the offeror.

4. The offeror shall provide information to demonstrate its ability to maintain the same feedstock source for each CLIN over the life of the contract.

5. The offeror shall provide information to demonstrate its ability to maintain the same percentage of each feedstock oil component for each CLIN over the life of the contract.

6. The offeror shall provide information regarding its production capability per day, and ability to meet the delivery schedule. If the offeror is not the manufacturer for any step in the production cycle, the offeror shall provide documentation regarding the production capability of its subcontractors for those steps (oil production, oil extraction, oil refinement).

7. The offeror shall provide substantiation of the technical maturity of the producer’s fuel, and its ability to meet the specification requirement. If available, provide laboratory test results showing compliance with the requirements of Tables I and II and the identification of the laboratory that performed the evaluation.

8. The offeror shall supply a Material Safety Data Sheet (MSDS) for the HR-J 8 offered.

H. Clause M2.11 EVALUATION COMMERCIAL ITEMS (JAN 1999) is hereby added:

M2.11 EVALUATION - COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to this solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technically acceptable. The offeror will be evaluated as technically acceptable based on the ability to meet specification, delivery quantities and schedule, and ability to maintain the same feedstock source over the life of the contract.

For all Line Items except Line Items 0003 - 0006

The Contracting Officer will award to the technically acceptable offeror with the lowest-laid down price to the Government, which is the total estimated price to be incurred by the Government for supplying the product to the locations specified in the schedule including the price of transportation. For evaluation purposes, the total evaluated price will be calculated by multiplying the Quantity by the unit price of the product. The applicable transportation rates will be applied as specified in M41.

For Line Items 0003 - 0006

The Contracting Officer will award to the technically acceptable offeror or offerors which offer fuel produced from two different feedstocks, one type of feedstock produced from plant and/or algal oil or a blend thereof for CLINs 0003 and 0005 and a different type of feedstock produced animal fat for CLINs 0004 and 0006, with the lowest-laid down price to the Government. In the event that the Government does not receive any technically acceptable offers based on feedstock produced from animal fat, the Government will award CLINs 0003-0006 to the same or different offeror, based on different feedstocks produced from plant and/or algal oil or blends thereof. For a plant and/or algal oil product, a product will be considered to be different from another product if it contains more than 25% of an oil or oils not contained in the other product.

The lowest laid down price is the total estimated price to be incurred by the Government for supplying the product to the locations specified in the schedule including the price of transportation. For evaluation purposes, the total evaluated price will be calculated by multiplying the Quantity by the unit price of the product. The applicable transportation rates will be applied as specified in M41

(b) OPTIONS. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The Recovery Act Clauses are now incorporate in Clauses I1.03-2, I1.04, and I1.04-1 as seen below.

The complete Recovery Act Clauses found on pages A35 – A58 of the Addendum package are therefore deleted.

I. See attached Clause I1.03-2 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (BULK)

(DESC NOV 2008).

J See attached Clause I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (APR 2009) is updated.

This clause only pertains to Air Force Requirements.

K. See attached Clause I1.04-1 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (ALTERNATE II)(APR 2009/MAY2009) is hereby added. This clause only pertains to Navy requirements.

L. NOTICE TO POTENTIAL SMALL BUSINESS OFFERORS: Based on an agreement between the Defense Energy Support Center (DESC) and the Small Business Administration (SBA), SBA processes Certificate of Competency (COC) referrals prior to DESC's determination that a small business concern is an apparently successful offeror. Because of the multi-step nature of the evaluation process, delaying the COC referral of a non-responsible small business concern until it has been determined to be an apparently successful offeror could result in late awards, and significantly impact DESC's support of the Military Services' fuel requirements.

M. All other terms and conditions remain unchanged and in full force and effect.

I1.03-2 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (BULK) (DESC

MAR 2009)

(a) INSPECTION/ACCEPTANCE. 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. Also see Addendum.

(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 Government-wide commercial purchase card), the Contractor may not assign its right to receive payment under this contract.

(c) CHANGES. See Addendum.

(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. 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--

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number, contract line item number, and, if applicable, the order number;

(4) Description, quantity, unit of measure, unit price, and extended price of the items delivered;

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

(6) Terms of any prompt payment discount offered;

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

(8) Name, title, and phone number of person to be notified in event of defective invoice.

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

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

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

(ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration), or applicable agency procedures.

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

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. NOTE:

Contractors are also required to provide additional information in their invoices as specified in the Addendum, as discussed in the SUPPLEMENTAL INVOICING INFORMATION (BULK) clause.

(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. NOTE: Contractors are also required to provide additional information in their invoices as specified in the Addendum and the SUPPLEMENTAL INVOICING INFORMATION (BULK) clause.

(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 purposes 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 number 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.

Also see Addendum.

(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 33.211if—

(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. See Addendum.

(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE. The Government reserves the right to terminate this contract, or any part thereof, 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.

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

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments; Disputes; Payments; Invoices; Other Compliances; and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) Standard Form 1449.

(8) Other documents, exhibits, and attachments; and.

(9) The specification.

(t) CENTRAL CONTRACTOR REGISTRATION (CCR). See the CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) clause.

(FAR 52.212-4, tailored/DESC 52.212-9F40)

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (APR 2009)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (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:

[ 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).

[ X ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5).

[ ] (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-5).

[ ] (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

[ X ] (6) 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).

[ ] (7) [RESERVED]

[ ] (8) (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.

[ ] (9) (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 ] (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

[ X ] (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

[ ] (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

[ ] (13) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) ( 15 U.S.C.

637(d)(4)(F)(i)).

[ ] (14) (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 (Jun 2003) of 52.219-23.

[ ] (15) 52.219-25, Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (16) 52.219-26, Small Disadvantaged Business Participation Program – Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside (May 2004).

[ ] (18) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

[ X ] (19) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

[ X ] (20) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Apr 2009) (E.O. 13126).

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

[ X ] (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[ X ] (23) 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).

[ ] (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

[ ] (25) 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).

[ ] (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

[ ] (27) (i) 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.)

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

[ ] (28) (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.)

[ ] (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

[ ] (30) 52.223-16, IEEE 1680 Standard for the Government Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

[ ] (31) 52.225-1, Buy American Act – Supplies (Feb 2009) (41 U.S.C. 10a-10d).

[ ] (32) (i) 52.225-3, Buy American Act – Free Trade Agreements – Israeli Trade Act (Feb 2009) (41 U.S.C 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108- 286, and 109-53).

[ ] (ii) Alternate I (Jan 2004) of 52.225-3.

[ ] (iii) Alternate II (Jan 2004) of 52.225-3.

[ ] (33) 52.225-5, Trade Agreements (Aug 2007) (19 U.S.C 2501, et seq., 19 U.S.C. 3301 note).

[ X ] (34) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[ ] (37) 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)).

[ ] (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

[ ] (39) 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

[ X ] (40) 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

[ ] (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

[ ] (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (43) (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:

[ ] (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) (Nov 2006) (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 (Feb 2002) (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 (Sep 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)(i), 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 (Dec 2008) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.203-15, Whistlebloweer Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

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

(v) 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).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C.

793).

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

(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)).

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

(x) 52.225-51, 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, Employmnet Eligibility Verification (Jan 2009).

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

(FAR 52.212-5)

I1.04-2 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (ALTERNATE II)(APR

2009/MAY2009)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (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:

[ 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).

[ X ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[ X ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5).

[ X ] (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-5).

[ ] (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

[ X ] (6) 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).

[ ] (7) [RESERVED]

[ ] (8) (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.

[ ] (9) (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 ] (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

[ X ] (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

[ ] (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

[ ] (13) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) ( 15 U.S.C.

637(d)(4)(F)(i)).

[ ] (14) (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 (Jun 2003) of 52.219-23.

[ ] (15) 52.219-25, Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (16) 52.219-26, Small Disadvantaged Business Participation Program – Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside (May 2004).

[ ] (18) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

[ X ] (19) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

[ X ] (20) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Apr 2009) (E.O. 13126).

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

[ X ] (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[ X ] (23) 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).

[ ] (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

[ ] (25) 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).

[ ] (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

[ ] (27) (i) 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.)

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

[ ] (28) (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.)

[ ] (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

[ ] (30) 52.223-16, IEEE 1680 Standard for the Government Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

[ ] (31) 52.225-1, Buy American Act – Supplies (Feb 2009) (41 U.S.C. 10a-10d).

[ ] (32) (i) 52.225-3, Buy American Act – Free Trade Agreements – Israeli Trade Act (Feb 2009) (41 U.S.C 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108- 286, and 109-53).

[ ] (ii) Alternate I (Jan 2004) of 52.225-3.

[ ] (iii) Alternate II (Jan 2004) of 52.225-3.

[ ] (33) 52.225-5, Trade Agreements (Aug 2007) (19 U.S.C 2501, et seq., 19 U.S.C. 3301 note).

[ X ] (34) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[ ] (37) 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)).

[ ] (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

[ ] (39) 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

[ X ] (40) 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

[ ] (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

[ ] (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (43) (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:

[ ] (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) (Nov 2006) (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 (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ] (5) 52.222-51, Exemption from Application of the Service…