SF1449_SPE7M120RX003.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

1000082563

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE7M1-20-R-X003

6. SOLICITATION ISSUE

DATE

2019 NOV 18

a. NAME

Jonathan Stone PMCMYYP

b. TELEPHONE NUMBER (No Collect calls)

Phone: 614-692-9287

8. OFFER DUE DATE/

LOCAL TIME

2019 NOV 29

9. ISSUED BY CODE SPE7M1

DLA LAND AND MARITIME

MARITIME SUPPLY CHAIN

PO BOX 3990

COLUMBUS OH 43218-3990

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

NAICS: 326211

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

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)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 43 PAGES

SPE7M1-20-R-X003

CONTINUED ON NEXT PAGE

SECTION A

GENERAL INFORMATION TO OFFERORS

A.1 OVERVIEW

This solicitation is being issued under the authority of 10 U.S.C. §2304(c)(1) and FAR Parts 13.5 and 6.302-1 and contemplates award of contracts for items of supply that are available from only one or a limited number of responsible sources.

The Government will award an Indefinite Delivery Contract (IDC) Contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and/ or other factors specified elsewhere in this solicitation considered. This is a solicitation for a firm-fixed-price IDC contract for the supplies listed in the Schedule for a term from Award Date through one year from contract award date, or until the aggregate total of the orders placed against the contract reaches $7,000,000.00, whichever occurs first.

DLA Internet Bid Board Systems (DIBBS) quotations are not acceptable for this solicitation. Offerors must complete the entire solicitation. Quotes must be submitted on hard copy of this Request for Quote (RFQ), and either faxed to 614-693-1590, to the attention of Jonathan Stone, or scanned and emailed to Jonathan.Stone@dla.mil. Please ensure that all clauses are completed and returned.

The contract resulting from this solicitation will provide supply support to the Global Tires Program (GTP) Contractor, Science Applications International Corporation (SAIC), designated in contract SPE7LX-19-D-0029, pursuant to FAR Part 51, and may also provide direct supply support to the Government.

SAIC is referred to as the “GTP Contractor” throughout this document.

A.2SCOPE

A.2.1The scope of this solicitation and resulting contract is GTP Contractor and Government supply support for the tire designated in the Schedule below for FSC 2610. The Schedule and solicitation clauses further describe the unique characteristics and requirements for the NSN herein.

A.2.2The Government may order directly from the resulting LTC Vendor contract in support of military demands. These “Direct LTC Buys” would be processed as outlined in Section C.15 of this Request for Quote (RFQ).

A.2.3Awardee under this solicitation is referred to herein as the LTC Vendor.

A.3NSNs WITH MULTIPLE SOURCES (i.e. CATL): The Schedule contains a vendor required fill-in stipulating the exact item, to include manufacturer and part number they are proposing. While this is a requirement at time of quote, after award, if the LTC Vendor is required to change the source and/or the specific tire they are providing, such as in the case of an item no longer being available, DAG Part 42.302-101, no prices or delivery terms will be changed as a result.

A.4 TRACEABILITY: In accordance with (IAW) DLAD 52.246-9066 and DLAD 52.211-9014, if the offeror is not identified as an approved source in the item description, the offeror shall submit traceability documentation to the Contracting Officer on or before the date that quotes are due. Failure to provide any required documentation within the stated timeframe may result in rejection of the quote. The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If the Contracting Officer finds the evidence to be unacceptable, or if the Contractor fails to retain or provide the requested evidence, the award may be cancelled or contract may be terminated for cause/default, as applicable.

A.5 FACSIMILE AND EMAILED QUOTES: Quotes and/or withdrawals sent via facsimile or email will be accepted when submitted in accordance with the instructions in Section A.1 above.

A.6 OFFEROR AUTHORIZED REPRESENTATIVE(S): Offerors shall identify individual(s) authorized to represent the offeror’s position and commit to the offeror in all exchanges between Government and offeror:

Name: ___________________________________________

Title/Position: _________________________________

Phone Number: ___________________________________

E-Mail Address: _________________________________

SECTION B

SCHEDULE OF SUPPLIES

Award will be made on an all or none basis per individual Contract Line Item Number (CLIN) or NSN for the supplies under this solicitation. The Schedule below contains supplies managed by DLA - Land and Maritime.

CLIN 0001

NSN 2610-01-563-8328

AMC/AMSC:3B

DPAS Rating: DOC9

PIC: 2

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 43 PAGES

QCC: DAF

Gov’t Estimated Annual Demand Quantity: 69,362 Gov’t Requested Delivery Days: 30 days Minimum Order Quantity: 1/EA Maximum Order Quantity: NO MAX

Disclaimer: The tire and quantity information in this solicitation is subject to change. Any NSN information provided above is to assist potential Offerors in analysis and quote development. The Government neither warrants nor guarantees any LTC Vendor will realize the demands, other than any guaranteed minimums, which are identified herein in performance of any resulting contract.

LTC Vendor prices identified in any awards/contracts (including any modifications during the contract term) resulting from this solicitation will be made publicly available and shall not be marked as proprietary.

*** EVALUATION WILL BE MADE BASED ON INFORMATION ENTERED BELOW:***

Offeror’s Quote:

CLIN: 0001

NSN: 2610-01-563-8328

U/I: EA

Unit Price (1 EA): ______________

Manufacturer CAGE: ______________ PART NUMBER: ___________________

Proposed Delivery: __________days

BAA/BPP Compliant: YES NO (circle one)

TIRE CHARACTERISTICS Compliant:YES NO (circle one)

Hazardous Codes: ______________

Remarks: _________________________________________________________

*NOTE* SURPLUS MATERIAL IS NOT PERMITTED

TIRE,PNEUMATIC,VEHICULAR

RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT

RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx

FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE

CONTROLS. FOR LARGE

ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT

INCORPORATES A FOLLOW-ON

REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES

This item has technical data some or all of which is subject to export-control of either the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR) and cannot be exported without the authorization of either the Department of State or the Department of Commerce prior to export. Export includes disclosure of technical data to foreign nationals whether located in the United States or abroad. This requirement applies equally to foreign national employees or U.S. companies and their foreign subsidiaries.

DLA has enhanced its Joint Certification Program (JCP) registration and validation procedures. Selected National Stock Numbers (NSNs) will require additional permissions to access the associated technical data. In the event a vendor cannot access the technical data for a NSN in DLA cFolders, the vendor must submit a onetime request to jcpvalidation@dla.mil for technical data access consideration. If a vendor has inquiries after having submitted required information to the JCP office, these inquiries are to be directed to DLAJ344DataCustodian@dla.mil.

DLA processes the vendor's technical data request on a first come, first served basis. Failure to comply timely with required information may result in lack of consideration for DLA solicitations. It is vitally important that vendors provide correct company official name(s) and contact information in all correspondence. DLA will work diligently on validating vendor requests. Vendors will be notified within 3 business days of when their requests were approved.

However, DLA cannot guarantee that it can complete all validation requests by the due date for any solicitation responses.

CERTIFICATE OF CONFORMANCE PROCEDURES (FAR 52.246-15) ARE AUTHORIZED,

UNLESS WITHELD BY A QUALITY ASSURANCE LETTER OF INSTRUCTION.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 43 PAGES

RQ009: INSPECTION AND ACCEPTANCE AT ORIGIN

RQ001: HIGHER LEVEL CONTRACT QUALITY REQUIREMENTS (MANUFACTURERS AND

NON-MANUFACTURERS)

RQ002: CONFIGURATION CHANGE MANAGEMENT - ENGINEERING CHANGE PROPOSAL

REQUEST FOR VARIANCE (DEVIATION OR WAIVER)

THIS ITEM HAS BEEN IDENTIFIED AS A LAND AND MARITIME SUPERKID. ALL ACTIONS SHOULD BE EXPEDITED AS MUCH AS

PRACTICABLE.

TYPE I SHELF LIFE

This material has shelf life. Products delivered under this contract shall be manufactured/cured/assembled to ensure that a minimum of 85% shelf-life is remaining at time of receipt by the first government activity. Shelf life markings shall be in accordance with the latest revision of MIL-STD-129. Shelf life for this material is as follows:

TYPE I, 72 MONTHS SHELF LIFE

** EXCEPTION: This shelf life item is Non-Extendable, Code I, with a total shelf life of seventy two months. Material furnished under this contract/order shall have at least 48 months of shelf life remaining at time of delivery.

CLASS I OZONE DEPLETING CHEMICALS ARE NOT TO BE USED NOR INCORPORATED IN ANY ITEMS TO BE DELIVERED UNDER THIS

CONTRACT.THIS PROHIBITION

SUPERSEDES ALL SPECIFICATION REQUIREMENTS BUT DOES NOT ALLEVIATE ANY PRODUCT REQUIREMENTS. SUBSTITUTE CHEMICALS MUST

BE SUBMITTED FOR

APPROVAL UNLESS THEY ARE AUTHORIZED BY THE SPECIFICATION REQUIREMENTS.

TIRE CHARACTERISTICS

SPECIFICATION: SAE J2014

TIRE SIZE: 37X12.50R16.5LT

TIRE STRENGTH: LOAD RANGE E

TIRE MAXIMUM LOAD CAPACITY: 4540 LBS

TIRE MAXIMUM INFLATION PRESSURE: 65 PSI

TIRE CONSTRUCTION: RADIAL

TIRE AIR RETENTION METHOG: TUBELESS TYPE

FLAP: NO

SERVICE TYPE: MILITARY LIGHT TRUCK

TREAD DESIGN: ALL SEASON MUD / SNOW

GROUP:

VEHICLE APPLICATION: M1151A1 UP ARMOR HMMWV UAH FOV

TIRE AGE: THE AGE OF THE TIRE(S) WHEN SHIPPED MUST NOT BE OLDER THAN 18 MONTHS FROM THE DATE OF MANUFACTURE OR

RETREAD.

ANY ADDITIONAL MANUFACTURERS MUST BE PREQUALIFIED TO THE SELECTED

REQUIREMENTS OF SAE J2014 PER THE MISSION PROFILE OF THE

TACTICAL/TACTICAL SUPPORT VEHICLE.

Michelin North America, Inc. DBA 12195 P/N 33253

IAW BASIC DRAWING NR 19207 12518664

REVISION NR DTD 01/28/2010

PART PIECE NUMBER:

IAW REFERENCE STD NR MIL-STD-129R(2)

REVISION NR R DTD 09/27/2019

PART PIECE NUMBER:

IAW REFERENCE DRAWING NR 19207 12518557D

REVISION NR D DTD 01/02/2013

PART PIECE NUMBER:

IAW REFERENCE DRAWING NR 19207 12518665

REVISION NR A DTD 12/12/2008

PART PIECE NUMBER:

IAW REFERENCE DRAWING NR 19207 12563651

REVISION NR DTD 01/02/2013

PART PIECE NUMBER:

IAW REFERENCE DRAWING NR 19207 12518664

REVISION NR DTD 07/20/2015

PART PIECE NUMBER:

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SECTION C

PERFORMANCE WORK STATEMENT/ DESCRIPTIONS / SPECIFICATIONS

C.1OVERVIEW

C.1.1LTC Vendors shall supply tires to the GTP Contractor, for supply support of the tire NSN(s) as listed herein (designated in contract SPE7LX-19-D-0029).

C.1.2The LTC Vendor will receive an order from the GTP Contractor. Any interested offeror must be able to receive orders electronically from the GTP Contractor. This can be accommodated either through electronic mail, Electronic Data Interchange (EDI), or paperless order transmission. Alternatively, a manual order from the GTP Contractor shall be accommodated.

C.2GTP PROGRAM EXECUTION; GTP CONTRACTOR AND LTC VENDOR RELATIONSHIP

C.2.1The GTP Contractor and the LTC Vendor is expected and required to meet all terms and conditions as outlined in their applicable contracts. LTC Vendors supporting the GTP Program are partnering with Government and industry counterparts to support DLA’s military customer and are therefore expected to use reasonable efforts and good faith in executing GTP Program support.

C.2.2Ordering, Pricing, and Delivery: The GTP Contractor is authorized and required to place orders under the LTC Vendors’ contracts. Orders shall be placed by the GTP Contractor directly to the Government designated LTC Vendor source for each NSN. The LTC Vendor shall fill the GTP Contractor orders at the price and delivery terms in the LTC Vendor’s contract. The LTC Vendor shall notify the GTP contractor, in writing, the date the GTP Contractor should expect delivery at least 5 calendar days prior to the scheduled delivery date.

C.2.3Inspection & Acceptance: The GTP Contractor shall conduct a “kind, count and condition” (KCC) inspection prior to acceptance of LTC Vendor-supplied materiel. Inspection and Acceptance (or action as outlined at C.2.3.1.1 or C.2.3.1.2)is expected to occur within 3 business days after delivery to the GTP Contractor’s location. Acceptance of tires by the GTP Contractor under this provision does not constitute acceptance on behalf of the Government, and is only the GTP Contractor’s determination that the tires are suitable for use in its performance under the GTP contract and in accordance with applicable terms and conditions. The same or similar requirements are included in the GTP Contract SPE7LX-19-D-0029.

C.2.3.1KCC inspection shall constitute a superficial evaluation of the quality of the item and consist of the following:

• Kind: visual identification of at least one item per the item description, verification of the part number, contract number and NSN; all as specified in the LTC;

• Count: visual confirmation of the contents of a minimum of one package per line item and number of packages received as specified in the order; and

• Condition: visual verification of physical appearance of the exterior of the item to determine if the item visually meets the LTC requirement.

C.2.3.1.1Should the GTP Contractor’s system determine a “kind” and/or “count” non-conformance upon inspection of material, the GTP Contractor shall notify, in writing, the Contracting Officer and LTC Vendor with sufficient documentation/information to support the non-conformance along with a requested disposition.

C.2.3.1.2Should the GTP Contractor’s system determine a “condition” non-conformance upon inspection of material, the GTP Contractor shall notify, in writing, the Contracting Officer and LTC Vendor within 1 day from the time the carrier delivers the tires, with sufficient documentation/information to support the non-conformance along with a requested disposition. Any disputes shall be resolved per paragraph C.2.7.

C.2.3.2The GTP Contractor is not permitted to reject conforming materials from the LTC Vendor provided the supplied tires meet the LTC Vendor’s contract requirements.

C.2.4Payment: The GTP Contractor shall make payment to the LTC Vendor under Net 30 terms from the date it receives a proper invoice.

C.2.4.1For purposes of LTC Vendor payment from the GTP Contractor, a proper invoice shall include, at a minimum, the following elements: Sender and Recipient Information (i.e., company name, address, and phone), GTP LTC Vendor Government Contract Number, GTP Contractor Invoice Number (if applicable), Ship Date, Delivery Date, Receipt Date, Invoice Date, Quantity, Description of Contents (to include NSN and nomenclature), Carrier and Tracking Number and Invoice Value (in dollars).

C.2.4.2If authorized by the Contracting Officer, in writing to both parties, pursuant to a final resolution under paragraph C.2.7, the GTP Contractor may offset payments to recover costs associated with materiel returns.

C.2.4.3If the GTP Contractor fails to pay the LTC Vendor for conforming tires received, pursuant to C.2.7, the Contracting Officer will issue a final decision that authorizes payment by the Government directly to the LTC Vendor.

C.2.5Warranty Returns and Customer Returns: Returns will be handled by the Contracting Officer or Designee on a case by case basis.

C.2.5.1Notwithstanding any previous inspection and/or acceptance by the Government, the LTC Vendor warrants all items covered by this contract shall be free from defects and fully usable in accordance with their operational application and the specifications set forth in this solicitation (to include any attachments and amendments) and consistent with the requirements at C.2.3 and C.2.5 and their subparts. This is in addition to, and not in abrogation of, any commercial

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 43 PAGES

or other warranty on the items.

C.2.5.2In the event of a customer return due to a defect or damage, the Government will investigate to assess the failure and determine cause for the defect and initiate the corrective action and return, if applicable.

C.2.5.3Payment for Returned Tires: The GTP Contractor shall bear the initial costs associated with the return and replacement of non-conforming tires. In the event the Government’s investigation determines the LTC Vendor is responsible for the defect or failure, the LTC Vendor shall reimburse the GTP Contractor the costs associated with the materiel return. The LTC Vendor shall be liable for manufacturer defects or damage occurring before delivery to the GTP Contractor, while the GTP Contractor shall be liable for damage to the tires occurring after receipt due to the GTP Contractor’s handling, storage, and/or shipment of the tires to the Government end-user.

C.2.6Reliability Management and Communication: The term “Reliability Management” refers collectively to Configuration Management, Obsolescence Management, and Quality Management (see sections C.11, C.12 and C.13). When either party, the GTP Contractor or LTC Vendor, provides the Government with information regarding Reliability Management of specific NSNs in accordance with the terms of their contract, that same information shall be provided to their GTP Program counterpart at the same time in writing; i.e., the GTP Contractor shall provide the information to the LTC Vendor(s) responsible for the specific NSN and the LTC Vendor shall provide the information to the GTP Contractor.

C.2.7Disputes: All disputes and issues needing a resolution that arise between the GTP Contractor and the LTC Vendor in the performance of the applicable contracts shall be resolved in accordance with the Disputes sub-paragraph. In the event a dispute or issue arises between the GTP Contractor and the LTC Vendor, the LTC Vendor shall attempt to resolve the issue through good-faith efforts. If the parties are unable to resolve the issue after a period of 30 days (unless otherwise specified), the LTC Vendor will refer the matter to the Government (Contracting Officer or Contract Administrator) for a final disposition decision.

C.2.8Any additional commercial contract requirements established between the GTP Contractor and LTC Vendor shall be the responsibility of the two parties, but in order to maintain the integrity of the GTP Program, all agreements shall be provided to the Contracting Officer, in writing, to ensure said agreements are not in conflict with the terms of the applicable GTP Program contracts. The Government is not a party to any such agreement. No disputes over terms or conditions negotiated between the GTP Contractor and the LTC Vendor beyond the Government LTC’s terms and conditions shall justify delay in LTC Vendor performance under this contract.

C.3IDC SOLICITATION AND CONTRACT: The government desires to enter into an IDC contract in accordance with DLAD 52.213-9012 INDEFINITE DELIVERY PURCHASE ORDER (IDC) - BILATERAL (SEP 2012)and the following note:

C.3.1NOTE TO DLAD 52.213-9012 - USE IN GTP PROGRAM SUPPORT

This solicitation and any resulting contract is to be used for GTP program support. The terms of DLAD 52.213-9012 sub-paragraph (a) are altered as follows:

1. TERM / BILATERAL AGREEMENT / EFFECTIVE DATE:The period of performance shall be from the date of award through one year from contract award date or until the aggregate total of the orders placed against the contract reaches $7,000,000.00, whichever occurs first. This agreement becomes binding upon being signed by the government and the contractor.

2. DELIVERY ORDERS: The contractor agrees that it will accept delivery orders under the same terms and conditions specified in the award document. All additional orders will reference the basic contract.

3. CONTRACT MINIMUM/ MAXIUM: The Government (or the GTP Contractor) fulfills its minimum obligation when the contractor receives payment for 1 tire at the contract price. The Government (or the GTP Contractor) may elect to meet the contract minimum (1) by placing an order for a tire and paying the contractor for that tire or (2) by paying the contractor the contract price for 1 tire without taking delivery of a tire. The aggregate dollar value for all orders placed for each award may not exceed $7,000,000.00.

C.4REPRESENTATION: By submitting a quote in response to this solicitation, the Offeror agrees to provide items in accordance with the descriptions in the Schedule and that the items supplied are from the approved source(s).

C.5ALL OR NONE NSNs:Individual CLINs (NSNs) will be awarded on an “All or None” basis in accordance with (IAW) the evaluation criteria in Section M.

C.6PACKAGING AND MARKING: Tire supply shipments to the GTP Contractor shall include commercial packaging and marking requirements. Marking shall be in accordance with commercial standards unless otherwise specified in the item description of the delivery order.

C.7 F.O.B. POINT AND DELIVERY: The FOB point for all tires ordered (except for Direct Buy Procedures)under award from this solicitation is Destination. The FOB Destination location will be at the GTP Contractor’s facility located in Dallas, Texas area. Deliveries to areas other than Dallas, Texas may be negotiated if necessary. The LTC Vendor shall provide the GTP Contractor written notice of the date the GTP Contractor’s order is expected to be delivered at least 5 calendar days prior to the scheduled delivery date.

C.7.1For purposes of calculating on-time delivery, the LTC Vendor is considered to have completed a delivery order on the earliest date that both of the following events have occurred: (1) the LTC Vendor has given the GTP Contractor the written notice required in C.7 AND (2) the LTC Vendor completes delivery to the GTP Contractor’s location (IAW C.7), as indicated by a bill of lading, packing list or other written documentation.

C.8REPORTING: The LTC Vendor shall submit to the Contracting Officer or Designee, monthly, no later than the 10th of each month, the Quality and On-Time Delivery reports for the previous month for any orders received from the GTP Contractor.

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C.8.1On-Time Delivery Report

C.8.1.1At a minimum, the On-Time Delivery Report shall contain a listing of all orders received for the month, and for each order: the NSN, the quantity ordered, the quantity shipped, the date the order was received and, if completed, the date the GTP Contractor was notified that delivery would be made, the date the order was delivered, the contractually required delivery days and the actual delivery days as determined by the difference between the date the order was placed by the GTP Contractor and the order completion date described in C.7.1 above. If an order is for Surge and Sustainment (see Section B.3), the report shall indicate the order as such.

C.8.1.2If no orders were filled during a month, the LTC Vendor shall submit a report with a statement to that effect.

C.8.2Quality Report

C.8.2.1At a minimum, the Quality Report shall contain a listing of any orders that failed the GTP Contractor’s KCC inspection, the NSN at issue, the date of the failed inspection, an explanation of the reason for the failure, and a statement regarding when the issue is expected to be resolved. In addition, the report shall indicate any NSNs that have part number or drawing changes and NSNs expected to become or known to be obsolete along with suggested replacements.

C.8.2.2If none of the triggering events in C.8.2.1 occur during a month, the LTC Vendor shall submit a report with a statement to that effect.

C.8.3Report Format: The Official Report may be submitted in an Adobe PDF format or other non-editable format. The LTC Vendor shall also submit an editable copy in Microsoft Word or Excel format for governmental reporting purposes and/or analysis.

C.8.4For all reports/deliverables: All of the above reports/deliverables shall be delivered to the Government with unlimited rights and shall not be identified as proprietary data. “Unlimited Rights” means the Government has the rights to use, disclose, reproduce, prepare derivative works, distribute copies to the public, of the data (including the contents of reports) in any manner and for any purpose, and to have or permit others to do so.

C.9CONFIGURATION MANAGEMENT

C.9.1General: The Government will maintain configuration control and change authority for all modifications or changes regarding GTP Program support. LTC Vendors shall maintain configuration of the tires in accordance with the requirements of the resulting contract(s), and shall review configuration of tires and recommend other available tires that meet or exceed the current application of the tire type and represent a better value to the government. The Engineering Support Activity (ESA) for this contract is the U.S. Army Tank Automotive Research, Development and Engineering Center (TARDEC) located in Detroit Arsenal, Warren, MI.

C.9.1.1The LTC Vendor(s) shall submit for approval to the Contracting Officer all known configuration changes that affect the supply of tires to include the impacted system, old and new part numbers, and the reason for the proposed change.

C.9.1.2Known configuration changes that affect Foreign Military Sales (FMS) will be identified and forwarded to the Contracting Officer for consideration and include the impacted system, old and new part numbers, and the reason for the change. The Contracting Officer will submit this information to DLA HQ and the appropriate International Logistics Control Organization to advise FMS customers.

C.9.2Deviations

C.9.2.1LTC Vendor(s) shall not manufacture or supply any items under any resulting LTC awards which incorporate a known departure from technical or contractual requirements unless a request for a deviation has been approved by the government. Authorized deviations are a temporary departure from the requirements only, and do not authorize a change to the item’s configuration baseline.

C.9.2.2Deviation requests shall be prepared in accordance with DI-CMAN-80640C - Request for Deviation. Guidelines for preparing deviations may also be found in MIL-HDBK-61A, Configuration Management Guidance and ANSI/EIA-649, National Consensus Standard for Configuration Management. For all items under this solicitation and any resulting awards, deviations, waivers or engineering change quotes are not permitted unless authorized in writing by the Contracting Officer.

C.9.3Notification: The LTC Vendor shall monitor and immediately notify the Contracting Officer of any weapon system program developments or modifications that may impact the performance and/or require a change to the current configuration of tires covered by this Solicitation. The Contracting Officer will then take whatever action, if any, deemed necessary to coordinate with the ESA the possible configuration change and any resulting addition, deletion or modification of a tire or tire type.

C.10OBSOLESCENCE MANAGEMENT:See DLAD 52.216-9006 ADDITION/DELETION OF ITEMS (AUG 2005) for further guidance.

C.11 QUALITY MANAGEMENT

C.11.1Quality System Requirement: The LTC Vendor shall maintain a quality system that meets the requirements of ISO 9001:2000. The LTC Vendor shall be responsible for tire quality control for all tires purchased/manufactured until delivery to GTP Contractor, or the government customer.

C.11.1.1 LTC Vendor Technical and Quality Compliance includes delivering tires which meet the Government’s required specifications, drawings and sources as indicated in the Schedule. The LTC Vendor’s quality management system/program

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 43 PAGES

shall be designed to promptly detect, correct, and prevent conditions that adversely affect performance and quality.

C.11.1.2The LTC Vendor shall maintain a single point of contact to interface with the government’s tire logistics manager for the GTP Program to ensure timely resolution of business and technical problems and implementation of corrective action.

C.11.2Quality Data: When requested by the contracting officer, and after the Contracting Officer, on behalf of the Government, signs a non-disclosure agreement, the LTC Vendor shall make available for Government review, either at the LTC Vendor’s facility during regular business hours with reasonable notice (at least 10 business days prior to day of visit to the LTC Vendor’s facility), or by other means, agreeable to both parties, also with reasonable notice (at least 10 business days prior to review by other means), the following data:

• Quality control manual and procedures, work instructions, drawings and specifications, repair manuals, repair procedures, manufacturing records, in-process/final inspection records, and Acceptance Test Procedure (ATP) results.

• Summary results of periodic third party audits and follow up corrective actions for any deficiencies noted.

• Results of scheduled internal quality system audits and follow up corrective actions for any deficiencies noted.

• Copies of ISO generated management reports tracking rework, customer complaints, delivery schedules, cost of quality, ordering, inventory, transportation, etc.

The Government is precluded from taking photographs, recording or reproducing the data and from removing original data or copies of original data from the LTC Vendor’s facility(ies). This does not limit the Government’s right to create its own report which may include limited full text references to quality data in relation to the Government’s report findings.

C.12SHELF-LIFE REQUIREMENTS: The LTC Vendor shall deliver tires in accordance with the shelf-life requirements identified in DLAD clause 52.211-9024 (TAILORED) herein. Tires should be delivered to the specified delivery location of the GTP Contractor within eighteen (18) months of being manufactured, and must have no less than forty-two (42) months of shelf-life remaining upon delivery to the GTP Contractor.

C.13LIMITATION ON USE OF CERTAIN EXTENDER OILS: Tires delivered under the contracts resulting from this solicitation shall not contain polycyclic aromatic hydrocarbon (PAH) rich extender oils and blends used as extender oils for the production of tires.

C.14DCMA UTILIZATION: The Government anticipates utilizing the Defense Contract Management Agency (DCMA), as delegated by the Contracting Officer, for contract administration support during LTC Vendor performance.

C.15LTC DIRECT BUYS: The Government anticipates that the LTC Vendor will be primarily engaged in providing GTP Contractor support throughout the life of any resulting contract, however, the Government may order directly from the

LTC.

C.15.1LTC Vendors must be able to process “LTC Direct Buys” as outlined herein.

C.15.2In the event that DLA orders tires under this procedure, the Contracting Officer and the LTC Vendor will negotiate delivery and rates to accommodate any additional packaging, marking and/or palletization requirements in excess of standard commercial packaging, to be specified on the individual delivery order. Any excess shipping costs (i.e. for Time-Definite-Delivery or Outside the Continental United States (OCONUS) delivery) will also be negotiated at that time. The negotiations under this section shall not exceed thirty (30) days from the date the Contracting Officer has notified the LTC Vendor of Direct Buy execution.

C.15.2.1Any LTC Direct Buy delivery order executed by DLA that directs the LTC Vendor(s) to supply tires directly to a military customer shall require marking in accordance with MIL-STD-129P. The MIL-STD-129P marking requirements for any LTC Direct Buys will be listed in the individual Delivery Order.

C.15.3FOB Destination and Inspection and Acceptance at Destination shall apply to Direct Buys.

C.15.3.1For Direct-Buy orders for FMS support, the FOB point shall be Origin with Inspection and Acceptance to occur at Origin. Transportation instructions will be included on delivery orders or can be obtained in accordance with DLAD 52.247-9034. The Contracting Officer will negotiate unit pricing with the LTC Vendor based on FOB Origin shipping requirements.

C.15.4Orders from the Government for direct-buys are anticipated to be placed electronically. The LTC Vendor must be able to support electronic ordering procedures in accordance with C.1.2, above. Issuance of an EDI transmission, when supported by the LTC Vendor, or email notification from the Contracting Officer constitutes a binding order. The LTC Vendor is required to commence performance upon receipt of a binding order. If EDI is used, the following three EDI transactions are required for the purpose of transmitting Delivery Orders and Tracking Performance under C.18:

•850 Purchase / Delivery Order •856 Shipment Notice Manifest •997 Functional Acknowledgement

C.15.5 The LTC Vendor shall submit monthly Quality and On-Time Delivery reports for any orders filled under this section. These reports shall contain the same information and be in the same format specified in section C.10. If no orders were filled during a month, the LTC Vendor shall submit a report with a statement to that effect.

C.15.6Reliability Management requirements apply to direct buys and are unchanged.

C.15.7The Government may pay the LTC Vendor under Fast Pay terms (see 52.212-9001 under Section I) provided the delivery order dollar value does not exceed the Fast Pay threshold. Payment will be made under Net 30 terms for Direct Buys if Fast Pay is not authorized.

C.16APPLICABILITY: Unless specifically noted otherwise, each aspect of this Performance Work Statement (Section C)

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*** Tailored Clause ***

DLAD 52.211-9024 SHELF-LIFE ITEMS MANUFACTURING RESTRICTIONS TAILORED (MAY 2013)

(a) Products delivered under this contract shall be manufactured/cured/assembled to ensure that a minimum of forty-two

(42) months of shelf-life is remaining at time of receipt by the Government or GTP Contractor.

(b) Marking or labeling shall reflect these data.

(c) Supplies received by the Government or GTP Contractor with less than forty-two (42) months shelf-life remaining will be considered to be nonconforming within the meaning of the Inspection Clause.

(d) Tires shall be delivered to the specified delivery location of the GTP Contractor (or to the Government’s specified delivery point if a Direct-Buy) within eighteen (18) months of being manufactured.

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Form

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN

SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE

WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN

EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF

THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-

ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

PID Data - Custom Clause

Insert (copy and paste) text for the PID information here

Part 12 Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018) FAR

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL

ITEMS (AUG 2019) 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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:

[Contracting Officer check as appropriate].

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.

2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L.

111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) Reserved.

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 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).

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

(10) Reserved.

(11)(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.

(12)(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.

(13) Reserved

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

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15)(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.

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages --Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 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)).

(24) 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 (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(33)(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).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA -Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

(Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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CONTINUED ON NEXT PAGE

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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

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

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

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

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)(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 (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(46) 52.225-1, Buy American --Supplies (May 2014) (41 U.S.C. chapter 83).

(47)(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.

(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (Jul 2013) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

X (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.

2631).

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

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

Contracting Officer check as appropriate.

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C.

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