EUCOM_ _AFRICOM_Solicitation_Amendment_0002.docx

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PLACE HOLDER FOR SF 1449 FORM

TABLE OF CONTENTS

TITLE PAGE

Standard Form (SF) 1449 Solicitation/Contract/Order for Commercial Items …………….. 1

Continuation for any block(s) from page 1 Standard Form (SF) 1449 ……………………………

Caution Notice ………………………………………………………………………………………. 5

No Offer Response …………………………………………………………………………………. 10

CONTRACT CLAUSES

FAR 52.212-4 – Contract Terms and Conditions – Commercial Items ……………………… Addendum to FAR 52.212-4 ………………………………………………………………………. 11

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes ……………….. 32 or Executive Orders Applicable to Defense Acquisition of Commercial Items

STATEMENT OF WORK ……………………………………………………………………….. 36

SOLICITATION PROVISIONS

FAR 52.212-1 – Instructions to Offerors – Commercial Items …………………………………….. 56

Addendum to FAR 52.212-1 ……………………………………………………………………….. 56

FAR 52.212-2 – Evaluation – Commercial Items ………………………………………………….. 69

Addendum to FAR 52.212-2 ……………………………………………………………………….. 71

FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items …………………77

ATTACHMENTS

· Attachment 1 Price Proposal Spreadsheet European Region - Zone 1

· Attachment 2 Price Proposal Spreadsheet European Region- Zone 2

· Attachment 3 Price Proposal Spreadsheet African Region - Zone 1

· Attachment 4 Price Proposal Spreadsheet African Region - Zone 2

· Attachment 5 Countries by Zone

· Attachment 7 Reporting Requirements

Continuation from SF 1449, Solicitation/Contract/Order for Commercial Items

Any questions or concerns regarding this solicitation should be directed to the following:

Carlos Torres-Román Contract Specialist Phone #: +49 0631-411-2154 Email: carlos.torres@dla.mil qqq

Bryan Scott Contracting Officer Phone #: +49 0631-411-2211 Email: Bryan.Scott@dla.mil Block 8 Offer due Date/Local Time: May 12, 2014 at 5:00 P.M. EST

Block 9 (continued) Mailed offers through Commercial Postal Service shall be sent to:

DLA Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667

Hand carried Offers shall be delivered to:

DLA Troop Support Business Opportunities Office Building 36, 2nd Floor 700 Robbins Avenue Philadelphia, PA 19111-5092

[Examples of Hand carried Offers include: In-Person delivery by contractor; or Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier; or USPS Express Mail, USPS Certified Mail.]

Note: All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m. EST; Monday through Friday hand carried offers may not be submitted on legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449. 2.

Package shall be plainly marked ON THE OUTSIDE OF THE CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

Offerors intending to deliver hand carried offers either in-person or through a hand-carried delivery service are advised that the Business Opportunities Office (Bid Room) is located within a secure military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee from the Bid Room. The following are telephone numbers for the Bid Room: (215)737-8511, (215)737-9044, or (215)737-7354. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time the solicitation closes to allow for security processing and to secure an escort. NOTE: THIS IS A SUGGESTION AND NOT A GUARANTEE THAT YOU WILL GAIN ACCESS TO THE BASE IF YOU ARRIVE ONE HOUR BEFORE THE OFFER IS DUE.

Facsimile offers are NOT authorized. However, in the event of solicitation amendments, clarifications and/or negotiations, revisions to the initial proposal may be authorized via fax or email at the Contracting Officer’s discretion.

Block 17a: Offeror’s assigned DUNS Number:____________________________.

(If you do not have a DUNS number, contact the individual identified in Block 7a or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

Offeror’s CAGE Code: ____________________________.

Block 17b: Remittance Address: (if different from Contractor/Offeror address in block 17a.)

Continuation from SF 1449, Solicitation/Contract/Order for Commercial Items Blocks 19-24

1. Items: The contract that results from this solicitation will cover a full line of MRO supplies in support of the maintenance, repair and operations requirements of installations in the EUCOM and AFRICOM Areas of Responsablity (AOR) as described herein.

The Price Evaluation List of Items illustrates the types of supplies that have been provided to customers in the EUCOM and AFRICOM AORs and potentially will be required of the awardees. Offerors shall have the ability to supply the items identified on the Price Evaluation List. The items have been listed to show a sampling of the scope of material that the contractor may be required to furnish. The Price Evaluation List of Items is provided using a Microsoft Excel Spreadsheet. The Price Evaluation List (PEL) is included in each of the following attachments: attachment 1, attachment 2, attachment 3, and attachment 4.

2. Minimum & Maximum Dollar Values: The Government guarantees that it will order under each contract awarded under this solicitation a minimum quantity of supplies having a minimum dollar value of $250,000.00 for the Base Period for each of the zones. In the event that an option is exercised, the guaranteed minimum dollar amount for each Option Period awarded for each of the zones shall be $187,500.00.

The aggregate of delivery orders issued during the Base Period for each contract will be applied to the minimum guarantee. At the time when the aggregate of delivery orders equals or exceeds the guaranteed minimum for a contract, the guaranteed minimum for that contract will have been met and the Government’s obligations with regard to the guarantee will have been satisfied.

b) The maximum ceiling across all four contracts awarded under this solicitation is $270,000,000.00, meaning that the cumulative obligations of all orders placed against all contracts resulting from this solicitation cannot exceed $270,000,000.

CAUTION NOTICE

· Estimated Dollar Value: The estimated annual sales set forth in the solicitation are GOOD FAITH ESTIMATES ONLY based on the best data available to the contracting officer at the time of issuance of this solicitation. Offerors shall consider any business risks associated with the estimates and include them within the breadth of their proposals. In addition, offerors are cautioned that the extent of the program will depend on the requirements of the forces in the EUCOM and AFRICOM AOR’s with emphasis on the potential drawdown during the contract period.

The annual estimated value of this acquisition (all contracts awarded for the 2 year base and two 18- month option periods) is $9 million per year with a $270 million five year maximum contract value. The $270 million maximun accounts for potential surge and contingency requirements in both areas of responsibility. The estimated annual value of $9 million breaks down by region and zone to: $3.2 million for European Region, Zone 1; $2.3 million for European Region, Zone 2; $1.6 million for African Region, Zone 1; and $1.9 million for African Region, Zone 2. The $270 million maximum breaks down by region and zone to; $96 million for European Region, Zone 1; $69 million for European Region, Zone 2; $48 million for African Region, Zone 1; and $57 million for African Region, Zone 2. This figure was derived by a combination of current and projected requirements obtained through market research performed by DLA Troop Support Europe & Africa; coupled with numerous requests from Navy Construction Regiment personnel for increased support on the African Continent, and from both Army as well as Air Force personnel requesting this type of program in Europe.

· Options: Each contract awarded will contain a provision for unilateral option(s) (FAR 52.217-9) on the part of the contracting officer to extend the term of the contract in periods of eighteen months. Submission of an offer is considered assent to the inclusion of the option provision.

· Proposals: Offerors shall submit the following items for their proposal to be considered:

· Signed copy of SF 1449

· Completed copies of FAR 52.212-3, and other required Certifications

· NOTE: Facsimile and E-mail Offers are not acceptable forms of transmission for submission of initial proposals submitted in response to this solicitation. As directed by the Contracting Officer, facsimile or email may be used during discussions/negotiations, if discussions/negotiations are held, for proposal revision(s), including Final Proposal revision(s).

· CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733) When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

· DLA Troop Support Europe and Africa is a forward component of DLA Troop Support Philadelphia (DLATSP) and is a combat support activity whose objective is to continue, and to expand, its use of unique and innovative approaches for providing focused logistics support for its military services facilities customers, as well as other authorized customers, for their maintenance, repair and operations (MRO) requirements.

· The preference for European and African countries products will apply to certain delivery orders at the discretion of the Contracting Officer and will be specified on the individual delivery order.

· Proposals are being solicited for Tailored Logistics Support Prime Vendor (TLS PV) Program of military installations, federal agencies, and other DOD authorized customers located within EUCOM and AFRICOM areas of responsability. DLA Troop Support Europe and Africa anticipates that participation in the program may be expanded to various additional ordering activities in the European and African Region. However, expansion of the program will depend greatly on the successful management of its contract by the awardees.

· The Government is seeking proposals for tailored logistics packages that, to the maximum extent practicable, will employ the techniques, advantages and economies of commercial business practices to reduce the total logistics cost to DLA Troop Support Europe and Africa and its customers. Tailored logistics provide rapid response, direct vendor delivery, advanced distribution, material management, total asset/in-transit visibility, and information fusion, in response to, and in satisfaction of DLA Troop Support Europe and Africa customers’ demands, including surge requirements. Therefore, to the maximum extent practicable, the contracts resulting from this solicitation will integrate the business practices of the commercial and military supply distribution systems.

· As part of the proposal, the offeror shall submit a plan on how the offeror would provide support for the customers in the EUCOM and AFRICOM AORs. Time frames for delivery within a country will be outlined in any resultant Request for quote issued to satisfy requirements submitted by program customers.

· As the MRO Program expands with respect to coverage, significant additions to the lists of items that may be required may occur. If items or product lines within scope are added to the contract resulting from this solicitation, the Contractor will be required to arrange for distribution of such items or product lines within 30 days of their addition to the contract. Each TLS contractor may be required to develop sources in European and African countries that have the ability to provide products with quality comparable to U.S. standards and deliver these where required within the required timeframe.

· The Government intends to award a single contract per zone, to the offeror whose proposal is most advantageous to the Government, considering Non Price factors and price. Throughout this solicitation the term “contract” includes each of the contracts awarded by zone pursuant to the solicitation.

· Offerors are advised that the Berry Amendment and the Trade Agreements Act apply to this solicitation. Additionally, there are other procurement restrictions that may apply to certain specific products. Clauses implementing applicable restrictions may be separately incorporated into the contracts or individual orders under the contracts. Contractors shall be aware of which provision applies at the time that they submit their offer.

· Offerors may submit proposals for one or more Zones. A single TLS PV contract will be awarded for each Zone. Proposals for each Zone will be evaluated using Best Value Tradeoff source selection procedures with the non-price factors being significantly more important than price. As the non-price ratings of offers become more equivalent, price will become more important. The contracts will be awarded in the following order: European Region Zone 1 first, European Region Zone 2 second, African Region Zone 2 third and African Region Zone 1 fourth. The rational for awarding in the above mention order is based on historical sales acquired from market research and anticipated requirements. The offeror who is selected for award in Zone 1 from the European Region can compete for zones 1 & 2 in the African Region but will be excluded from consideration from Zone 2 in the European Region, and the offeror who is selected for award in Zone 2 from the African Region can compete for zones 1 & 2 in the European Region but is excluded from consideration from Zone 1in the African Region. For example: The contract for Zone 1 will be awarded to that offeror whose proposal is most advantageous to the Government considering non-price evaluation factors and price. To ensure the continuous availability of reliable sources of supply, the offeror who is selected as the best value for Zone 1 of the European Region will be eliminated from competition on Zone 2 of the European Region but it will be able to compete for zones 1 and 2 of the African Region. The contract for Zone 2 of the African Region will be awarded to that offeror whose proposal is the most advantageous to the Government considering non-price evaluation factors and price. To ensure the continuous availability of reliable sources of supply, the offeror who is selected as the best value for Zone 2 of the African Region will be eliminated from competition on Zone 1 of the African Region but it will be able to compete for zones 1 and 2 of the European Region. In the event the Government does not receive more than one acceptable offer, the same vendor may be awarded more than one zone within a region.

· This solicitation contains DLAD 52.215-9023 for Reverse Auction (RA). If discussions are held, the Government may conduct a Reverse Auction on the Management Fee Price in the Management Fee Matrix for each pricing period with those offers in the competitive range. The Contracting Officer will establish a competitive range and those firms removed from the competitive range shall be notified in writing prior to the RA. All offerors whose proposals are included in the competitive range shall be notified of the date and time of the Reverse Auction. If and when conducted, the RA represents the Final Proposal Revision (FPR) for the Management Fee Ceiling Prices in accordance with DLAD 52.215-9023. The Government reserves the right to conduct negotiations for all elements of pricing. By submitting an offer, the offeror consents that the RA Vendor (DLA’s commercial RA service provider) may have access to its submitted data for the purpose of the RA. The RA Vendor shall have a confidentiality agreement in place.

· Offerors will provide the following elements of pricing: firm fixed Acquisition Ceiling Prices for PEL items for three pricing periods, firm fixed Management Fee for 20 pricing tiers (Management Fee Matrix) for three pricing periods, a total acquisition price for an incidental service based on a scenario and a total acquisition price for transporation based on two scenarios. Offerors must provide Acquisition Ceiling Prices for 100% of the items on the PEL. Offerors may be excluded from the competition for failure to do so. Offerors may offer alternate items. However, the offeror must provide a complete technical data package for the Alternate item being offered as well as the item on the Price Evaluation List for comparison purposes. If the item is deemed equal in form, fit, and function to the item on the Price Evaluation List, it will be accepted. Alternate items determined not to be acceptable will not count towards the 100% of PEL items required to be priced and will not be evaluated. The prices for the PEL and Acceptable Alternates will be Acquisition Ceiling Prices. They will be firm fixed per unit ceiling prices after contract award. The Acquisition Ceiling Price represents the maximum acquisition unit price the TLS PV can charge for an item on the PEL.

For the Management Fee Matrix, Contractors will offer a firm fixed Management Fee Ceiling Price, offered as a dollar amount, for each of the twenty pricing tiers listed in the matrix. The tiers are specific dollar value ranges based on the Total Acquisition Price per Order when the TLS PV submits the order. They will be used to assign a corresponding Management Fee Ceiling Prices for the order. The Management Fee Ceiling Price represents the total maximum Management Fee the TLS PV can charge for an order within the range. The prices are fixed for each pricing period. There will be three pricing periods under the contract and they will be sequential: Base Period: Two Years; Option 1: Eighteen Months; and Option 2: Eighteen Months. The scenario prices for the Incidental Service and Transportation will be used for evaluation purposes.

· NOTICE TO POTENTIAL CONTRACTORS. MILITARY EXTRATERRITORIAL JURISDICTION ACT OF 2000, Public Law 106-523.

The Military Extraterritorial Jurisdiction Act of 2000 amended Title 18, US Code, to establish Federal jurisdiction over certain criminal offenses committed outside the United States by persons employed by or accompanying the Armed Forces outside the United States, and certain other persons.

The regulations implementing the Act define persons employed by the Armed Forces outside the United States as civilian employees of the Department of Defense, Department of Defense contractors (including subcontractors at any tier), and employees of a Department of Defense contractor (including subcontractors at any tier) when that person is present or resides outside the United States in connection with such employment and is not a national of or ordinarily resident in the host nation. Persons accompanying the Armed Forces include the dependents of these individuals. Command sponsorship of the dependent is not required for the Act to apply. Third country nationals may also be subject to the provisions of the Act depending on the circumstances.

The Act grants the United States criminal jurisdiction over persons covered by the act if they engage in conduct that would constitute an offense punishable by imprisonment for more than one year if the conduct had occurred within the territorial jurisdiction of the United States.

-End of Notice -

· Wide Area Work Flow (WAWF) - For purposes of receiving payment for material shipments (orders), the accepted electronic form for submission of payment requests and receiving reports is Wide Area Work-Flow (WAWF). MRO vendors shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. WAWF is available on the Internet at https://wawf.eb.mil/). In addition, WAWF guidance and assistance is available from our DLA TROOP SUPPORT WAWF team personnel via email inquiry - DLA Troop Supportwawfteam@dla.mil.

· Surge/Sustainment Plan: PLEASE NOTE, a Surge and Sustainment Plan/Capability Assessment Plan is not required for this procurement at this time. There are no surge requirements for any items included in the Price Evaluation List at the time of this solicitation. Therefore, although Surge and Sustainment Plan clauses are still contained in this solicitation, offerors are not required to submit a Surge and Sustainment/ Capability Asessment Plan. In the event that an item is added to the Price Evaluation List during the pre-award stage or after an award is made requiring surge, the offeror and/or awardee may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan.

· Term of Contract: The contracts resulting from this solicitation will be an Indefinite Delivery/Indefinite Quantity Contract with a two year base ordering period which includes a 60-day implementation period (if needed) after award. The contract will contain a provision for unilateral options on the part of the Contracting Officer to extend the term of the contract for two periods of eighteen-months. The exercise of options by the Contracting Officer is covered in clause 52.217-9. Submission of an offer is considered assent to the inclusion of the option provision.

· Fast Pay: Fast Pay will be utilized for delivery orders issued under any resultant contract of solicitation SPE5B1-14-R-000X for orders valued less than $100,000.00, subject to renewal of an authorizing clause deviation. Prompt Pay will be utilized for all delivery orders valued at $100,000.00 or more.

The Government reserves the right to cancel this solicitation. If this should occur, the Government will not be liable for an offeror’s solicitation preparation costs or any other such related costs incurred. In accordance with FAR 52.225-25, each offeror must certify that the offeror and any person owned or controlled by the offeror does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act. Each offeror shall update its ORCA certifications and/or by submission of an offer make the above certification (See FAR 52.212-3).

(END OF CAUTION NOTICE)

Please complete and submit this sheet if not submitting an offer.

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: ________________________________________

Offer Due Date/Time: ____________________________________

No Offer Submitted for Reason(s) Checked:

[ ] Cannot comply with specification

[ ] Cannot meet delivery requirement

[ ] No open production capacity at plant

[ ] Do not regularly manufacture or sell the type of items involved

[ ] Other (specify):

[ ] We do [ ] We do not desire to be retained on the mailing list for future procurements for the type of item(s) involved.

Name/Address of firm (include ZIP Code):

Type or print Name/Title of signer: _____________________________________

Signature: __________________________________________________________

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Items (Sept 2013) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to 52.212-4:

The following paragraph of 52.212-4 is amended as indicated below:

1. Paragraph (m), Termination for Cause.

Delete paragraph (m) in its entirety and substitute the following:

(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 this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

2. Paragraph (t), System for Award Management.

Add the following paragraph:

(a) Definitions.

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) Code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code”.

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

“Data Universal Numbering System +4 (DUNS+4) Number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

“Registered in the System for Award Management database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database;

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service. The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active”.

THE CLAUSES LISTED BELOW ARE INCORPORATED 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. A CLAUSE WITH AN AUTHORIZED DEVIATION IS SO MARKED AFTER THE DATE OF THE CLAUSE. (Also, the full text of solicitation clauses and provisions may be accessed electronically at the following websites):

FAR Clauses: https://www.acquisition.gov/far/index.html DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD Clauses: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

Note: Clause DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals applies only to delivery orders that require the delivery of specialty metals as end items unless the acquisition is wholly exempt from the specialty metals restrictions at DFARS 225.7003-2 because the acquisition is covered by an exception in DFARS 225.7003-3(a) or (d).

Note: Clause DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals, only applies in delivery orders that require delivery of any of the following items, or components of the following items, if such items or components contain specialty metal:

(A) Aircraft.

(B) Missile or space systems.

(C) Ships.

(D) Tank or automotive items.

(E) Weapon systems.

(F) Ammunition.

Clause DFARS 252.225-7009 does not apply if the acquisition is wholly exempt from the specialty metals restrictions at DFARS 225.7003-2 because the acquisition is covered by an exception in DFARS 225.7003-3(a) or (d).

ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER TERMINATION FOR CAUSE (APRIL 2011)

If this contract is terminated in whole or part for cause pursuant to Paragraph (m) of the clause included in this contract entitled “Contract Terms and Conditions - Commercial Items”, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and Government expressly agree that in addition to any excess costs of repurchase, or any other damages resulting from the Contractor’s default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. The assessment of damages for administrative costs shall apply for any termination for cause for which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred and/or assessed.

[X] DFARS 252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION (SEP 2011) [Applies when checked]

DLAD 52.212-9000 CHANGES - MILITARY READINESS (NOV 2011)

The commercial changes clause at FAR 52.212-4(c) is applicable to this contract in lieu of the changes clause at FAR 52.243-1. However, in the event of a Contingency Operation or a Humanitarian or Peace Keeping Operation, as defined below, the Contracting Officer may, by written order, change (1) the method of shipment or packing, and (2) the place of delivery. If any such change causes an increase in the cost of, or the time required for performance, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The contractor must assert its right to an adjustment within 30 days from the date of receipt of the modification.

“Contingency operation” means a military operation that is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or results in the call or order to, or retention on, active duty of members of the uniformed services under 10 U.S.C. 688, 12301(a), 12302, 12304, 12305, or 12406, Chapter 15 of U.S.C., or any other provision of law during a war or during a national emergency declared by the President or Congress (10 U.S.C. 101(a)(13)).

“Humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302 (8) and 41 U.S.C. 259 (d)(2)(B)).

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of Firm-Fixed Price contracts resulting from this solicitation.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ** , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of **;

(2) Any order for a combination of items in excess of **; or,

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

** There is no minimum or maximum quantity/dollar value per order, other than the contract maximum of $270,000,000.00

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 180 days after expiration of the contract ordering period.

FAR 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 3 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

NOTE: All offered option prices for the 100 Price Evaluation List items shall be entered on Attachments 1, 2, 3 and 4. Failure to provide option prices as requested for the Price Evaluation List items may result in the offer being rejected if the government elects to make an award without discussion. Offered prices for the base period and option periods for the offered Price Evaluation List items will serve as the ceiling price for the duration of the base period and each option period. Please submit all pricing as requested in the Addendum to 52.212-1 “Volume II, Price Proposal”. Pricing will be evaluated as stated in the Addendum to 52.212-2 “PRICE PROPOSAL EVALUATION CRITERIA”.

FAR 52.223-3 -- Hazardous Material Identification and Material Safety Data (Jan 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

DFARS 252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from date of award to end of contract period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) (1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued”when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

DFARS 252.223-7001 Hazard Warning Labels (DEC 1991)

(a) “Hazardous material,” as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert “None.”)

ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. “United States,” as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall_

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides…