SPE60116R0313.pdf

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GASEOUS HYDROGEN (GH2) FOR ROBINS AFB, GA Federal contract opportunity
Solicitation number
SPE601-16-R-0313
Issued by
Defense Logistics Agency Energy

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REQUEST FOR PROPOSAL (RFP) SPE601-16-R-0313 AND ATTACHMENTS

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0064486850

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE601-16-R-0313

5. SOLICITATION NUMBER

2016 AUG 30

6. SOLICITATION ISSUE

DATE

Roman Bernal POEFEM8

a. NAME

Phone: 210-925-2456

b. TELEPHONE NUMBER (No Collect calls)

2016 SEP 30

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE601

DLA ENERGY AEROSPACE ENRGY-DLAE-M

BLDG 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO TX 78226

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

325120NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

37PAGE 1 OF

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

IMPORTANT NOTICES TO OFFERORS:

1. The Government intends to award one (1) five Firm Fixed-Price Requirements Type contract for the delivery of bulk Gaseous Hydrogen (GH2) to Warner Robins AFB, GA via a manifold currently in place. The GH2 is to be IAW BB-H-886E, Dated 24 February 2011. The period of performance is from 1 Dec 2106 through 30 November 2021.

2. Proposals may be made on either an f.o.b. basis and/or an f.o.b. destination basis, but the award will only be made on ONLY ONE of these delivery basis. Proposals shall be submitted in accordance with Clause L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012), and will be evaluated IAW M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG 2009). The award will be based on using the Lowest Price Technically Acceptable Process IAW FAR 15.101-2. A brief synopsis of the evaluation for each delivery basis is as follows:

Total evaluated price of an f.o.b. origin proposal:

1)Total Product costs + emergency delivery cost + purge costs with GH2, + Purge with GN2, + total least cost + the cost to the Government of transporting the product from the offeror’ fill point, production facility and/or storage facility to the Robins, AFB will equal TO the TOTAL EVALUATED PRICE.

2) Total evaluated price for an f.o.b. destination proposal will be Total product costs + the total lease costs of contractor provided tube trailers will equal to the TOTAL EVALUATED PRICE

3) The total evaluated price for f.o.b. origin proposals will be compared to the total price for f.o.b.

destination proposals

NOTE: The above is a brief synopsis of the evaluation, for complete description of the evaluation, please see

CLAUSE M2.14 EVALUATION OF CONMERCIAL ITEMS.

3. Proposals on an f.o.b. origin basis will be made into Government owned trailers IAW para 3 of the attached Statement of Objectives. The applicable product items for proposals on f.o.b. origins basis are 0001 through 0005, and the applicable service items are 0006 through 0015, and these include emergency delivery, detention, evacuate and purge, general maintenance and trailer storage cost. As such, proposals on and f.o.b. basis should include prices for items 0001 through 0015.

4. Proposals on and f.o.b. destination basis where the contractor furnishes the trailers. The applicable product items are 0016 through 0020 and the applicable service items are 0021 through 0027, and these include emergency delivery, detention costs, and monthly trailer lease cost IAW SOO paragraph 4.5.

5. For questions regarding Small Business or Small Disadvantaged Business Affairs, contact Mr. Greg Thevenin of the DLA Energy Small Business Office at 1-800-526-2601 or 703-767-9400

6. Due to system issues, offer, the following verbiage under each item is NOT APPLICAPLE:

Escalator Base-Ref 00/00/0000 Base-Price 0.00000

7. The Contracting Officer may request that the DLA Energy Region Quality Assurance Representative (QAR) perform a Preaward Survery (PAS) in accordance with FAR Part 9.106-1. If Requested , the offeror and its employees, including those at the fill point and/or production facility, shall be required to participate fully in the PAS process. The DLA Energy Contracting Officer will discuss any recommendation by the QAR as a result of the PAS that is other than “Full Award,” with the offeror during negotiations. This will allow the offeror an opportunity to respond or otherwise provide information in its Final Proposal Revision as to how the offeror intends to correct the issue(s) and/or QAR concern (s) that led to an othe than “Full Award” recommendation.

8. PAGE 4 OF THIS SOLICITATION IS IN BY SYSTEM ERROR AND IS TO BE IGNORED FOR PROPOSAL PURPOSES

PAGE 3 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE601-16-R-0313

Quality Technical Provisions

HYDROGEN,GASEOUS, GRADE B, TYPE I,GH2,9.4E.

6830-016534745

PR #: .0064486850

IAW BASIC UNK BB-H-886E NOT 1

REVISION NR E DTD 10/03/2006

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E22

REVISION NR A DTD 07/01/2013

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E35

REVISION NR A DTD 12/01/2011

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E1.15

REVISION NR A DTD 09/01/2013

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E33.10

REVISION NR A DTD 07/01/2008

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E6

REVISION NR A DTD 08/01/2015

PART PIECE NUMBER:

HYDROGEN

Quality Technical Provisions Expedited/Emergency Delivery,V200,9.4E.

9999-SE0000105

PR #: .0064486850

Quality Technical Provisions Detention Fee,V200,9.4E.

9999-SE0000106

PR #: .0064486850

Quality Technical Provisions Evacuate and Purge Cyl/Drums/Containers,V200,9.4E.

6830-SE0000110

PR #: .0064486850

Quality Technical Provisions General Repairs / Maintenance,V200,9.4E.

6830-SE0000133

PR #: .0064486850

Quality Technical Provisions Equipment Lease,V200,9.4E.

9999-SE0000164

PR #: .0064486850

Quality Technical Provisions Storage,V200,9.4E.

9135-SE0000166

PR #: .0064486850

PR #: .0064486850

Item:. 0001 Quantity: .4,320 UoM: .MC Period of Performance: .12/01/2016-11/30/2017 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

PAGE 4 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

ITEM 0001

ITEM 0001 DESCRIPTION:

f.o.b. origin to Warner Robins AFB, GA

HYDROGEN,GASEOUS, GRADE B, TYPE I

IAW BB-H-886E, DATED 24 FEBRUARY 2011

NSN: 6830-01-653-4745

ENTER PROPOSED PRICE HERE:

Estimated Quantity Unit of Measure Unit Price Extended Total Price

4320 MC $__________ $______________

Item:. 0002 Quantity: .4,320 UoM: .MC Period of Performance: .12/01/2017-11/30/2018 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0002 DESCRIPTION:

f.o.b. origin to Warner Robins AFB, HYDROGEN,GASEOUS, GRADE B, TYPE I

IAW BB-H-886E, DATED 24 FEBRUARY 2011

NSN: 6830-01-653-4745

ENTER PROPOSED PRICE HERE:

Estimated Quantity Unit of Measure Unit Price Extended Total Price

4320 MC $__________ $______________

Item:. 0003 Quantity: .4,320 UoM: .MC Period of Performance: .12/01/2018-11/30/2019 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0003 DESCRIPTION:

f.o.b. origin to Warner Robins AFB, GA

HYDROGEN,GASEOUS, GRADE B, TYPE I

IAW BB-H-886E, DATED 24 FEBRUARY 2011

NSN: 6830-01-653-4745

ENTER PROPOSED PRICE HERE:

Estimated Quantity Unit of Measure Unit Price Extended Total Price

4320 MC $__________ $______________

Item:. 0004 Quantity: .4,320 UoM: .MC Period of Performance: .12/01/2019-11/30/2020 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0004 DESCRIPTION:

f.o.b. origin to Warner Robins AFB, GA

HYDROGEN,GASEOUS, GRADE B, TYPE I

PAGE 5 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

IAW BB-H-886E, DATED 24 FEBRUARY 2011

NSN: 6830-01-653-4745

ENTER PROPOSED PRICE HERE:

Estimated Quantity Unit of Measure Unit Price Extended Total Price

4320 MC $__________ $______________

Item:. 0005 Quantity: .4,320 UoM: .MC Period of Performance: .12/01/2020-11/30/2021 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0005 DESCRIPTION:

f.o.b. origin to Warner Robins AFB, GA

HYDROGEN,GASEOUS, GRADE B, TYPE I

IAW BB-H-886E, DATED 24 FEBRUARY 2011

NSN: 6830-01-653-4745

ENTER PROPOSED PRICE HERE:

Estimated Quantity Unit of Measure Unit Price Extended Total Price

4320 MC $__________ $______________

Item:. 0006 Quantity: .2 UoM: .EA Period of Performance: .12/01/2016-11/30/2021 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0006 DESCRPITION:

SERVICES, EMERGENCY DELIVERY

IAW SOO Paragraph titled "Product Delivery" (In support of f.o.b. origin GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

Estimated Quantity Unit of Measure Unit Price Extended Total Price

2 EA $__________ $______________

Item:. 0007 Quantity: .8 UoM: .QH Period of Performance: .12/01/2016-11/30/2021 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

DESCRIPTION FOR ITEM 0007

SERVICES, DETENTION COSTS

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

AND DETENTION RATES INSUPPORT OF f.o.b. ORIGIN

FOR WARNER ROBINS, AFB, GA

ENTER PROPOSED PRICE HERE

Estimated Quantity Unit of Measure Unit Price Extended Total Price

8 PER QTR HR $__________ $______________

PAGE 6 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Item:. 0008 Quantity: .2 UoM: .EA Period of Performance: .12/01/2016-11/30/2021 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0008 DESCRPITION:

SERVICES, EVACUATE AND PURGE TUBES

TO READY FOR FILLING WITH GH2 IAW SOO

Paragraph titled "Government-Owned Equipment (Tube Trailers)" (In support of f.o.b. origin GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

Estimated Quantity Unit of Measure Unit Price Extended Total Price

2 EA $__________ $______________

Item:. 0009 Quantity: .2 UoM: .EA Period of Performance: .12/01/2016-11/30/2021 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0009 DESCRPITION:

SERVICES, EVACUATE, PURGE and BLANKET TUBES WITH GN2 to READY TRAILER for SHIPMENT to REFURB/RECERT FACILITY IAW SOO Paragraph titled "Government-Owned Equipment (Tube Trailers)" (In support of f.o.b. origin GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

Estimated Quantity Unit of Measure Unit Price Extended Total Price

2 EA $__________ $______________

Item:. 0010 Quantity: .10 UoM: .EA Period of Performance: .12/01/2016-11/30/2021 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0010 DESCRPITION:

SERVICES, GENERAL REPAIRS/MAINTENANCE

(CYLINDER, TRAILERS, TANKS)

IAW SOO Paragraph titled "Miscellaneous Repairs" (In support of f.o.b. origin GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

NOTE: NO PROPOSED PRICES REQUIRED AT THIS TIME

Estimated Quantity Unit of Measure Unit Price Extended Total Price

10 TO BE DETERMINED ON INDIVIDUAL DELIVERY ORDERS.

PAGE 7 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Item:. 0011 Quantity: .12 UoM: .EA Period of Performance: .12/01/2016-11/30/2017 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0011 DESCRPITION:

SERVICES, MONTHLY TRAILER STORAGE

IAW SOO PARAGRAPH TITLED "CONTRACTOR PROVIDED STORAGE"

(In support of f.o.b. origin GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

NOTE: THE UNIT OF MEASURE OF EA IS EQUAL TO MONTH

Estimated Quantity Unit of Measure Unit Price Extended Total Price

12 EA $__________ $______________

Item:. 0012 Quantity: .12 UoM: .EA Period of Performance: .12/01/2017-11/30/2018 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0012 DESCRPITION:

SERVICES, MONTHLY TRAILER STORAGE

IAW SOO PARAGRAPH TITLED "CONTRACTOR PROVIDED STORAGE"

(In support of f.o.b. origin GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

NOTE: THE UNIT OF MEASURE OF EA IS EQUAL TO MONTH

Estimated Quantity Unit of Measure Unit Price Extended Total Price

12 EA $__________ $______________

Item:. 0013 Quantity: .12 UoM: .EA Period of Performance: .12/01/2018-11/30/2019 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0013 DESCRPITION:

SERVICES, MONTHLY TRAILER STORAGE

IAW SOO PARAGRAPH TITLED "CONTRACTOR PROVIDED STORAGE"

(In support of f.o.b. origin GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

NOTE: THE UNIT OF MEASURE OF EA IS EQUAL TO MONTH

Estimated Quantity Unit of Measure Unit Price Extended Total Price

12 EA $__________ $______________

Item:. 0014

PAGE 8 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Quantity: .12 UoM: .EA Period of Performance: .12/01/2019-11/30/2020 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0014 DESCRPITION:

SERVICES, MONTHLY TRAILER STORAGE

IAW SOO PARAGRAPH TITLED "CONTRACTOR PROVIDED STORAGE"

(In support of f.o.b. origin GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

NOTE: THE UNIT OF MEASURE OF EA IS EQUAL TO MONTH

Estimated Quantity Unit of Measure Unit Price Extended Total Price

12 EA $__________ $______________

Item:. 0015 Quantity: .12 UoM: .EA Period of Performance: .12/01/2020-11/30/2021 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0015 DESCRPITION:

SERVICES, MONTHLY TRAILER STORAGE

IAW SOO PARAGRAPH TITLED "CONTRACTOR PROVIDED STORAGE"

(In support of f.o.b. origin GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

NOTE: THE UNIT OF MEASURE OF EA IS EQUAL TO MONTH

Estimated Quantity Unit of Measure Unit Price Extended Total Price

12 EA $__________ $______________

Item:. 0016 Quantity: .4,320 UoM: .MC Period of Performance: .12/01/2016-11/30/2017 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0016 DESCRPITION:

GASEOUS HYDROGEN (GH2)

f.o.b. destination to Warner Robins AFB, GA

NSN: 6830-01-653-4745

Grade B, Type 1, IAW BB-H-886E - 24 February 2011

ENTER PROPOSED PRICE HERE:

Estimated Quantity Unit of Measure Unit Price Extended Total Price

4320 MC $__________ $______________

Item:. 0017 Quantity: .4,320 UoM: .MC Period of Performance: .12/01/2017-11/30/2018

PAGE 9 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

ITEM 0017 DESCRPITION:

GASEOUS HYDROGEN (GH2)

f.o.b. destination to Warner Robins AFB, GA

Grade B, Type 1, IAW BB-H-886E - 24 February 2011

ENTER PROPOSED PRICE HERE:

Estimated Quantity Unit of Measure Unit Price Extended Total Price

4320 MC $__________ $______________

Item:. 0018 Quantity: .4,320 UoM: .MC Period of Performance: .12/01/2018-11/30/2019

ITEM 0018 DESCRPITION:

GASEOUS HYDROGEN (GH2)

f.o.b. destination to Warner Robins AFB, GA

Grade B, Type 1, IAW BB-H-886E - 24 February 2011

ENTER PROPOSED PRICE HERE:

Estimated Quantity Unit of Measure Unit Price Extended Total Price

4320 MC $__________ $______________

Item:. 0019 Quantity: .4,320 UoM: .MC Period of Performance: .12/01/2019-11/30/2020 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0019 DESCRPITION:

GASEOUS HYDROGEN (GH2)

f.o.b. destination to Warner Robins AFB, GA

NSN: 6830-01-653-4745

Grade B, Type 1, IAW BB-H-886E - 24 February 2011

ENTER PROPOSED PRICE HERE:

Estimated Quantity Unit of Measure Unit Price Extended Total Price

4320 MC $__________ $______________

Item:. 0020 Quantity: .4,320 UoM: .MC Period of Performance: .12/01/2020-11/30/2021

PAGE 10 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

ITEM 0020 DESCRPITION:

GASEOUS HYDROGEN (GH2)

f.o.b. destination to Warner Robins AFB, GA

NSN: 6830-01-653-4745

Grade B, Type 1, IAW BB-H-886E - 24 February 2011

ENTER PROPOSED PRICE HERE:

Estimated Quantity Unit of Measure Unit Price Extended Total Price

4320 MC $__________ $______________

Item:. 0021 Quantity: .2 UoM: .EA Period of Performance: .12/01/2016-11/30/2021 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0020 DESCRPITION:

SERVICES, EMERGENCY DELIVERY

IAW SOO Paragraph titled "Product Delivery" (In support of f.o.b. destination GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

Estimated Quantity Unit of Measure Unit Price Extended Total Price

2 EA $__________ $______________

Item:. 0022 Quantity: .8 UoM: .QH Period of Performance: .12/01/2016-11/30/2021 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0022 DESCRPITION:

SERVICES, DETENTION COST

IAW F3.10 Transport Truck and/or Truck and Trailer Free Time and Detention Rates (In support of f.o.b. destination GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

Estimated Quantity Unit of Measure Unit Price Extended Total Price

8 PER QTR HR $__________ $______________

Item:. 0023 Quantity: .24 UoM: .EA Period of Performance: .12/01/2016-11/30/2017 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0023 DESCRPITION:

SERVICES, MONTHLY TRAILER LEASE

PAGE 11 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

IAW SOO PARAGRAPH TITLED "CONTRACTOR PROVIDED TRAILER LEASE"

MONTHLY FEE WILL BE FOR TWO TRAILERS

(In support of f.o.b. destination GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

NOTE: ENTER UNIT PRICE FOR TWO TRAILERS PER MONTH TIMES 12 MONTHS = 24

Estimated Quantity Unit of Measure Unit Price Extended Total Price

24 EA $ __________ $______________

Item:. 0024 Quantity: .24 UoM: .EA Period of Performance: .12/01/2017-11/30/2018 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0024 DESCRPITION:

SERVICES, MONTHLY TRAILER LEASE

IAW SOO PARAGRAPH TITLED "CONTRACTOR PROVIDED TRAILER LEASE"

MONTHLY FEE WILL BE FOR TWO TRAILERS

(In support of f.o.b. destination GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

NOTE: ENTER UNIT PRICE FOR TWO TRAILERS PER MONTH TIMES 12 MONTHS = 24

Estimated Quantity Unit of Measure Unit Price Extended Total Price

24 EA $__________ $______________

Item:. 0025 Quantity: .24 UoM: .EA Period of Performance: .12/01/2018-11/30/2019 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0025 DESCRPITION:

SERVICES, MONTHLY TRAILER LEASE

IAW SOO PARAGRAPH TITLED "CONTRACTOR PROVIDED TRAILER LEASE"

MONTHLY FEE WILL BE FOR TWO TRAILERS

(In support of f.o.b. destination GH2 for Warner Robins AFB, GA)

ENTER PROPOSED PRICE HERE

NOTE: ENTER UNIT PRICE FOR TWO TRAILERS PER MONTH TIMES 12 MONTHS = 24

Estimated Quantity Unit of Measure Unit Price Extended Total Price

24 EA $__________ $______________

Item:. 0026 Quantity: .24 UoM: .EA Period of Performance: .12/01/2019-11/30/2020

PAGE 12 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

ITEM 0026 DESCRPITION:

SERVICES, MONTHLY TRAILER LEASE

IAW SOO PARAGRAPH TITLED "CONTRACTOR PROVIDED TRAILER LEASE"

MONTHLY FEE WILL BE FOR TWO TRAILERS

(In support of f.o.b. destination GH2 for Warner Robins AFB, GA)

NOTE: ENTER UNIT PRICE FOR TWO TRAILERS PER MONTH TIMES 12 MONTHS = 24

Estimated Quantity Unit of Measure Unit Price Extended Total Price

24 EA $__________ $______________

Item:. 0027 Quantity: .24 UoM: .EA Period of Performance: .12/01/2020-11/30/2021 Escalator: . - Base-Ref: .00/00/0000 Base-Price: .0.000000

ITEM 0027 DESCRPITION:

SERVICES, MONTHLY TRAILER LEASE

IAW SOO PARAGRAPH TITLED "CONTRACTOR PROVIDED TRAILER LEASE"

MONTHLY FEE WILL BE FOR TWO TRAILERS

(In support of f.o.b. destination GH2 for Warner Robins AFB, GA)

NOTE: ENTER UNIT PRICE FOR TWO TRAILERS PER MONTH TIMES 12 MONTHS = 24

Estimated Quantity Unit of Measure Unit Price Extended Total Price

24 EA $__________ $______________

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Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) FAR

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

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

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

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

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

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

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS (MAR 2016) FAR

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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:

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[Contracting Officer check as appropriate.]

_X__ 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 U.S.C. 2402).

_X__ 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

_X__ 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ [Reserved]

___ 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ [Reserved]

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

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ [Reserved]

___ (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

_X__ 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_X__ (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Oct 2015) of 52.219-9.

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

_X__ 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__X_ 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

__X_ 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_X__ 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__X_ 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X__ 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

__X_ (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

___ (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.)

___ (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

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

___ (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

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

___ 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ 52.225-13, Restrictions 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).

___ 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

___ 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C.

3332).

___ 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

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

___ (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).

PAGE 19 OF 37 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

___ (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:

[Contra…

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