spm1c109r0151FINAL.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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.

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

VARIOUS 1 of 81

SPM1C1-09-R-0151 Nov 23, 2009

MICHAEL O'CONNOR 215-737-2458 Dec 28, 2009

SPM1C1

DEFENSE SUPPLY CENTER PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA, PA 19111

POC: MICHAEL O'CONNOR, 215-737-2458

✔ 100

DO-C9

SEE PAGE 4

ITEM 0001: MEN'S WHITE POLY JUMPER

ITEM 0002: WOMEN'S WHITE POLY JUMPER

✔ 1

T.D. LOCKLEY

315234

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SEE FOLLOWING PAGES

SPM1C1-09-R-0151 Page 3 of 81

TABLE OF CONTENTS FOR

SOLICITATION NO: SPM1C1-09-R-0151

TITLE

Caution Notice (if any)

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

Continuation of any block(s) from SF 1449

Contract Clauses

1. FAR 52.212-4 - Contract Terms and Conditions – Commercial Items

2. Addendum to FAR 52.212-4

3. FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

4. DFARS 252.212-7001 - Contract Terms and Conditions Required to Implement Statutes or Executive orders Applicable to Defense Acquisition of Commercial Items

Any Contract Documents, Exhibits, or Attachments (e.g., PID, Statement of Work)

Solicitation Provisions

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

2. Addendum to FAR 52.212-1

3. [ x ] FAR 52.212-2 - Evaluation – Commercial Items

4. [ x ] Addendum to FAR 52.212-2

5. FAR 52.212-3 - Offeror Representations and Certifications – Commercial Items

6. Addendum to FAR 52.212-3 (e.g., certifications re Surplus Material, Buy American Act)

7. DFARS 252.212-7000 - Offeror Representations and Certifications – Commercial Items

SPM1C1-09-R-0151 Page 4 of 81

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

(CONTINUATION SHEET)

1. Block 8 Offer Due Date/Local Time: _28 December 2009

2. Block 9 (continued)

Mailed offers should be sent to:

Defense Logistics Agency Defense Supply Center Philadelphia Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation No: SPM1C1-09-R-0151__________ Opening/Closing Date and Time _23 November 2009 / 28 December 2009___

Handcarried Offers should be delivered to:

Defense Supply Center Philadelphia Business Opportunities Office Building 36, 2nd Floor 700 Robbins Avenue Philadelphia, PA 19111-5092

Solicitation No: SPM1C1-09-R-0151_______________________ Opening/Closing Date and Time _ 23 November 2009 / 28 December 2009____________

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

Note: All handcarried offers are to be delivered between 8:00 a.m. and 4:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “handcarries” the package to the address specified above for handcarried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

SPM1C1-09-R-0151 Page 5 of 81 (CONTINUATION SHEET) (cont.)

Facsimile offers (if authorized; see “Addendum” to 52.212-1 (b)) or offer modifications/withdrawals should be transmitted to:

(215) 737-9216, (215) 737-8414, (215) 737-9300, -9301, -9302, or -9303.

Offers submitted to any other telephone number shall not be considered for award.

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

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

Offeror’s CAGE Code: ____________________________.

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

SPM1C1-09-R-0151 Page 6 of 81

CAUTION NOTICE

Offers are cautioned that ALL components must be of domestic origin in compliance with clause 252.225- 7012, Preference for Certain Domestic Commodities (DEC 2008), as contained on page 86 of this solicitation.

This solicitation includes domestic preference requirements as identified in the Berry Amendment.

With regard to your offer under this solicitation, and any amendments thereto, the offeror shall confirm, in writing, compliance with the following:

Section 833 of the National Defense Authorization Act for Fiscal Year 2006 added language to 10 U.S. C.

2533a, requiring that all articles or items of "clothing", including the materials and components thereof, purchased by the Department of Defense be grown, reprocessed, reused, or produced in the United States, other than sensor, electronics or other items added to, and not normally associated with, clothing (and the materials and components thereof).

Very Important: The vendor must certify their agreement to these terms by signing the certification located on the last page of this solicitation.

STOP SHIPMENT DELAYS AND REJECTIONS!

SPM1C1-09-R-0151 Page 7 of 81

For deliveries to New Cumberland depot, ensure your Government or Commercial Bills of Lading are correctly annotated with the following information in the description of articles:

Weight Pieces National Stock Number(s) (NSNs) Contract Number Door #s 113-134 – Mission Delivery (storage)

-- or -- Door #s 135-168 – Container Consolidation Point (CCP) Delivery (OCONUS) (whichever applies to your freight)

Your truckers/dispatchers/ brokers/etc. should have this information readily available when they phone 717.770.6969 for a delivery appointment to Pre-Lodge.

The Directorate of Clothing and Textiles (C&T) requires electronic invoicing on all contracts unless another method is mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.

UTILIZATION OF WIDE AREA WORKFLOW – RECEIPTS AND ACCEPTANCE (WAWF-RA) IN

CONJUNCTION WITH DFARS 252.232-7003, Electronic Submission of Payment Requests (Jan 2004)

The Directorate of Clothing and Textiles utilizes VIM-ASAP, which is short for DLA Virtual Item Manager ARN Supply-Chain Automated Processing, to transmit data to WAWF-RA. VIM- ASAP is the only authorized method to electronically process requests for payment to WAWF-RA for the Directorate of Clothing and Textiles. VIM-ASAP will give you visibility of contract information, track production status and print labels. VIM-ASAP pre-populates contract data on your invoices, such as unit price, contract numbers, item numbers, addresses, and many other fields that will save you labor and time.

Advanced Shipment Notifications (ASNs) associated with DFARS clause 252.211-7006, Radio Frequency Identification (NOV 2005) are sent via VIM-ASAP to WAWF-RA processes.

Please contact the VIM-ASAP help desk at 888-940-7348 to get started today!

For questions about sending Electronic Data Interchange invoices (810-invoice transactions), contact Mr. Bud Wellens at 1-215-737-2778 For questions about invoice preparation, just call the DFAS Customer Service Resource Center at 1-800-756-4571, or

Call DSCP DFAS liaisons listed below for assistance:

Camille Conaway 1-215-737-4406

Check out these resources:

SPM1C1-09-R-0151 Page 8 of 81 http://www.dfas.mil/money/vendor/ …. the DFAS Contract Payment Booklet… an excellent desk reference for contractor Accounts Receivable personnel, as well as the status of outstanding invoices.

http://www.dfas.mil/ …. information regarding bill paying process and additional points of contact

***** Please Note:

Don’t let the following common invoicing errors delay your payments any longer:

Missing or Erroneous Contract Number Missing Call/Delivery Order Number Missing or Erroneous Shipment Number Failure to Mark DD250 as an Original Invoice Failure to Distribute a Copy of the DD250 to the Contract Administration Office Terminal Contract Line Item Number (CLIN) is Omitted, Incorrect or Does Not Match that Appearing in the

Contract Missing or Erroneous Unit of Issue Quantity and Price are Incorrect Wrong Pay Office on Invoice

Here are three things you can do to speed your invoice payments:

Be sure your original invoice is properly completed and legible.

Submit your invoices electronically using the Web Invoicing System (WInS). It's fast, accurate, and costs you nothing! Learn more at the WInS Home Page, at: https://www.ecweb.dfas.mil/notes/, and start using WInS with your next invoice! or

If you currently receive delivery orders electronically, you could benefit by using an 810-invoice transaction.

Web Invoicing eliminates postage, snail mail, and much paperwork, and gets the invoice/voucher into the DFAS system usually within 24 hours. Web Invoicing is free to vendors doing business with the Government. You just enter the appropriate information and send your invoice to DFAS electronically. It provides help text and pull-down menus in many fields. For more specific questions, contact Janice Hockman (703) 607-5111, Kirsten Larco (703) 607-4920 or Debra Jones (703) 607-2082

For questions about sending Electronic Data Interchange invoices (810-invoice transactions), contact Mr.

Bud Wellens at (215) 737-2778.

For questions about paper invoice preparation, just call the DFAS Customer Service Resource Center at 1- 800 756-4571, or

Call DSCP DFAS liaison listed for assistance: Camille Conaway (215) 737-4406

Check out these resources:

http://www.dfas.mil/money/vendor/ …. the DFAS Contract Payment Booklet… an excellent desk reference for contractor Accounts Receivable personnel, as well as the status of outstanding invoices.

http://www.dfas.mil/ …. information regarding bill paying process and additional points of contact

SPM1C1-09-R-0151 Page 9 of 81

NOTICE TO OFFERORS

Proposals will be evaluated for both technical merit and price reasonableness following the evaluation procedures in this solicitation. In order to provide full consideration of your qualification for contract award, you are encouraged to ensure that the information furnished in support of your technical proposal is factual , accurate and complete.

The Department of Defense (DoD) is committed to applying “Best Value” contracting as a means to rely on industry for timely delivery of quality products, while reducing the Government’s administrative costs associated with contractor oversight. To this end, we are evaluationg factors in addition to price under this solicitation.

PRODUCTION DEMONSTRATION MODEL – CAUTION NOTICE

IT IS ESSENTIAL THAT ALL OFFERORS READ AND UNDERSTAND THIS NOTICE:

This solicitation requires submission of Product Demonstration Models (PDM) at time of closing as specified in this document. The purpose of the PDM is to demonstrate the offeror’s ability to translate from the specification to the actual end item. This will also confirm the offeror’s degree of understanding of the requirments of the specification and solicitation. The PDM will demonstrate the offeror’s capability to produce the end item free of defects and in accordance with the Specification, Commercial Item Description or Purchase Decription. Consequently, this solicitation will permit only an initial submission of the PDM with the offeror’s proposal at the time and date of the initial closing of the solicitation; offerors will not be given the opportunity to present subsequent submissions to correct deficiences noted in the Government’s evaluation of the initial PDMs. Therefore, it is imperative that offerors put forth their best efforts in constructingthese PDMs. Any correction to the PDM will not be permitted and will not be accepted by the Government. In any resulting contract, only the specifications, standards, patterns, drawings, etc, sited in the contract will control complaiance.

FAILURE TO SUBMIT A PDM WILL CAUSE THE OFFEROR’S ENTIRE PROPOSAL TO BE

REJECTED.

SPM1C1-09-R-0151 Page 10 of 81

(CONTINUATION SHEET) (cont.)

1. Continuation of Blocks 19-24:

Schedule of Supplies/Services

GUARANTEED YEARLY MINIMUM (BASE & ALL OPTION YEARS): 25% OF ANNUAL

ESTIMATED DOLLAR VALUE ( INCLUDES ALL ITEMS AWARDED ) .

MAXIMUM DOLLAR VALUE THAT MAY BE ORDERED AGAINST THIS CONTRACT IS:

$8,100,000.00

CLIN 0001

JUMPER, MEN’s WHITE POLY

PGC: 01662

NSN:8405 01 076 1953

MIL-J-97037D

AEQ* PRICE SPECIAL

MEASUREMENT

PRICE

BASE 48,276

OPTION 1 96.552

OPTION 2 96.552

OPTION 3 96.552

OPTION 4 96.552

CLIN 0002

JUMPER, WOMEN’s WHITE POLY

PGC: 02076

NSN: 8405 01 312 1415(s)

MIL-J-24949

AEQ* PRICE SPECIAL

MEASUREMENT

PRICE

BASE 21,300

OPTION 1 21,300

OPTION 2 21,300

OPTION 3 21,300

OPTION 4 21,300

OFFERS BASED ON MULTIPLE PGCS CANNOT BE ACCEPTED.

FINAL AWARD AEQ WILL COMPRISE AN AGGREGATE OF AEQs FOR ALL AWARDED ITEMS.

SPM1C1-09-R-0151 Page 11 of 81 Deliver FOB: See Clause QTY Variance: PLUS: 2% MINUS 0% INSP/ACCEPT Point: See Clause

PREP FOR DELIVERY:

REFER TO ATTACHMENT TO SOLICITATION

DELIVERY LOCATIONS:

PECKHAM VOCATIONAL INDUSTRIES INC

4110 N GRAND RIVER

LANSING MI 48906

(SD0119)

NAVAL TRAINING CENTER

UNIFORM ISSUE OFFICER

BLDG 1532 RECRUIT ISSUE NORTH GATE

GREAT LAKES IL 60088 5127

(N00210)

SLEEVES SHALL REMAIN UNHEMMED FOR ALL DELIVERIES TO GREAT LAKES.

SPM1C1-09-R-0151 Page 12 of 81

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: SPM1C1-09-R-0151_____________

Offer Due Date/Time: ____________________________________

No Offer Submitted for Reason(s) Checked:

[ ] Cannot comply with specification

[ ] Cannot meet delivery requirement

[ ] No open production capacity at plant

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

[ ] Other (specify):

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

Name/Address of firm (include ZIP Code):

Type or print Name/Title of signer: _____________________________________

Signature: __________________________________________________________

SPM1C1-09-R-0151 Page 13 of 81

Jumper, Man’s, White

PGC: 01662

PGC UPC NSN Nomen Size

01662 718020142388 8405010761953 JUMPER,MAN'S 36 SHT

01662 718020142395 8405010761954 JUMPER,MAN'S 36 REG

01662 718020142401 8405010761955 JUMPER,MAN'S 36 LONG

01662 718020142418 8405010761957 JUMPER,MAN'S 38 SHT

01662 718020142425 8405010761958 JUMPER,MAN'S 38 REG

01662 718020142432 8405010761959 JUMPER,MAN'S 38 LONG

01662 718020142456 8405010761960 JUMPER,MAN'S 38 X-LG

01662 718020142463 8405010761961 JUMPER,MAN'S 40 SHT

01662 718020142470 8405010761962 JUMPER,MAN'S 40 REG

01662 718020142487 8405010761963 JUMPER,MAN'S 40 LONG

01662 718020142494 8405010761964 JUMPER,MAN'S 40 X-LG

01662 718020142500 8405010761965 JUMPER,MAN'S 42 SHT

01662 718020142517 8405010761966 JUMPER,MAN'S 42 REG

01662 718020142524 8405010761967 JUMPER,MAN'S 42 LONG

01662 718020142531 8405010761968 JUMPER,MAN'S 42 X-LG

01662 718020142548 8405010761969 JUMPER,MAN'S 44 SHT

01662 718020142555 8405010761970 JUMPER,MAN'S 44 REG

01662 718020142562 8405010761971 JUMPER,MAN'S 44 LONG

01662 718020142678 8405010763982 JUMPER,MAN'S 44 X-LG

01662 718020142579 8405010761972 JUMPER,MAN'S 46 SHT

01662 718020142586 8405010761973 JUMPER,MAN'S 46 REG

01662 718020142593 8405010761974 JUMPER,MAN'S 46 LONG

01662 718020142609 8405010761975 JUMPER,MAN'S 46 X-LG

01662 718020142616 8405010761976 JUMPER,MAN'S 48 REG

01662 718020142623 8405010761977 JUMPER,MAN'S 48 LONG

01662 718020142630 8405010761978 JUMPER,MAN'S 48 X-LG

01662 718020142647 8405010761980 JUMPER,MAN'S 50 REG

01662 718020142654 8405010761981 JUMPER,MAN'S 50 LONG

01662 718020142661 8405010761982 JUMPER,MAN'S 50 X-LG

01662 718020305967 8405010761983 JUMPER,MAN'S 52R B

01662 718020305974 8405010761988 JUMPER,MAN'S 52L B

01662 718020305981 8405010761989 JUMPER,MAN'S 52XL B

01662 N/A 8405000JMP164 JMP TOP MN WHITE Special Measurement

Jumper, Wmn’s, White

PGC: 02076

SPM1C1-09-R-0151 Page 14 of 81 PGC UPC NSN Nomen Size

02076 718020170145 8410013121415 JUMPER,WOMEN'S 4P

02076 718020170152 8410013121416 JUMPER,WOMEN'S 4R

02076 718020170169 8410013121417 JUMPER,WOMEN'S 4T

02076 718020170176 8410013121418 JUMPER,WOMEN'S 6P

02076 718020170183 8410013121419 JUMPER,WOMEN'S 6R

02076 718020170190 8410013121420 JUMPER,WOMEN'S 6T

02076 718020170206 8410013121421 JUMPER,WOMEN'S 6WP

02076 718020170213 8410013121422 JUMPER,WOMEN'S 6WR

02076 718020170220 8410013121424 JUMPER,WOMEN'S 8P

02076 718020170237 8410013121425 JUMPER,WOMEN'S 8R

02076 718020170244 8410013121427 JUMPER,WOMEN'S 8WP

02076 718020170251 8410013121428 JUMPER,WOMEN'S 8WR

02076 718020170268 8410013121429 JUMPER,WOMEN'S 8WT

02076 718020170275 8410013121430 JUMPER,WOMEN'S 10JP

02076 718020170282 8410013121431 JUMPER,WOMEN'S 10JR

02076 718020170299 8410013121432 JUMPER,WOMEN'S 10JT

02076 718020170305 8410013121433 JUMPER,WOMEN'S 10P

02076 718020170312 8410013121434 JUMPER,WOMEN'S 10R

02076 718020170329 8410013121435 JUMPER,WOMEN'S 10T

02076 718020170336 8410013121436 JUMPER,WOMEN'S 10WP

02076 718020170343 8410013121437 JUMPER,WOMEN'S 10WR

02076 718020170350 8410013121438 JUMPER,WOMEN'S 10WT

02076 718020170367 8410013121439 JUMPER,WOMEN'S 12JP

02076 718020170374 8410013121440 JUMPER,WOMEN'S 12JR

02076 718020170381 8410013121441 JUMPER,WOMEN'S 12JT

02076 718020170398 8410013121442 JUMPER,WOMEN'S 12P

02076 718020170404 8410013121443 JUMPER,WOMEN'S 12R

02076 718020170411 8410013121444 JUMPER,WOMEN'S 12T

02076 718020170428 8410013121445 JUMPER,WOMEN'S 12WP

02076 718020170435 8410013121446 JUMPER,WOMEN'S 12WR

02076 718020170442 8410013121447 JUMPER,WOMEN'S 12WT

02076 718020170459 8410013121448 JUMPER,WOMEN'S 14JP

02076 718020170466 8410013121449 JUMPER,WOMEN'S 14JR

02076 718020170473 8410013121450 JUMPER,WOMEN'S 14JT

02076 718020170480 8410013121451 JUMPER,WOMEN'S 14P

02076 718020170497 8410013121452 JUMPER,WOMEN'S 14R

02076 718020170503 8410013121453 JUMPER,WOMEN'S 14T

02076 718020170510 8410013121454 JUMPER,WOMEN'S 14WP

02076 718020170527 8410013121455 JUMPER,WOMEN'S 14WR

02076 718020170534 8410013121456 JUMPER,WOMEN'S 14WT

02076 718020170541 8410013121457 JUMPER,WOMEN'S 16JP

02076 718020170558 8410013121458 JUMPER,WOMEN'S 16JR

02076 718020170565 8410013121459 JUMPER,WOMEN'S 16JT

02076 718020170572 8410013121460 JUMPER,WOMEN'S 16P

02076 718020170589 8410013121461 JUMPER,WOMEN'S 16R

02076 718020170596 8410013121462 JUMPER,WOMEN'S 16T

02076 718020170602 8410013121463 JUMPER,WOMEN'S 16WP

02076 718020170619 8410013121464 JUMPER,WOMEN'S 16WR

02076 718020170626 8410013121465 JUMPER,WOMEN'S 16WT

SPM1C1-09-R-0151 Page 15 of 81

02076 718020170633 8410013121466 JUMPER,WOMEN'S 18P

02076 718020170640 8410013121467 JUMPER,WOMEN'S 18R

02076 718020170657 8410013121468 JUMPER,WOMEN'S 18T

02076 718020170664 8410013121469 JUMPER,WOMEN'S 18WP

02076 718020170671 8410013121470 JUMPER,WOMEN'S 18WR

02076 718020170688 8410013121473 JUMPER,WOMEN'S 20R

02076 718020170695 8410013121474 JUMPER,WOMEN'S 20T

02076 718020012131 8410014538204 JUMPER,WOMEN'S 18JP

02076 718020011998 8410014538190 JUMPER,WOMEN'S 18JR

02076 718020012001 8410014538191 JUMPER,WOMEN'S 18WT

02076 718020012018 8410014538192 JUMPER,WOMEN'S 20JP

02076 718020012032 8410014538194 JUMPER,WOMEN'S 20JR

02076 718020012155 8410014538207 JUMPER,WOMEN'S 20P

02076 718020012025 8410014538193 JUMPER,WOMEN'S 20WR

02076 718020012049 8410014538195 JUMPER,WOMEN'S 20WT

02076 718020012056 8410014538196 JUMPER,WOMEN'S 22JP

02076 718020012193 8410014538211 JUMPER,WOMEN'S 22JR

02076 718020012070 8410014538198 JUMPER,WOMEN'S 22P

02076 718020012063 8410014538197 JUMPER,WOMEN'S 22R

02076 718020012094 8410014538200 JUMPER,WOMEN'S 22T

02076 718020012087 8410014538199 JUMPER,WOMEN'S 22WR

02076 718020012223 8410014538216 JUMPER,WOMEN'S 22WT

02076 718020012230 8410014538219 JUMPER,WOMEN'S 24JP

02076 718020012124 8410014538203 JUMPER,WOMEN'S 24JR

02076 718020012100 8410014538201 JUMPER,WOMEN'S 24P

02076 718020012254 8410014538221 JUMPER,WOMEN'S 24R

02076 718020012247 8410014538220 JUMPER,WOMEN'S 24T

02076 718020012278 8410014538223 JUMPER,WOMEN'S 24WR

02076 718020012216 8410014538214 JUMPER,WOMEN'S 24WT

02076 718020012179 8410014538209 JUMPER,WOMEN'S 26JP

02076 718020012117 8410014538202 JUMPER,WOMEN'S 26JR

02076 718020012148 8410014538206 JUMPER,WOMEN'S 26P

02076 718020012285 8410014538225 JUMPER,WOMEN'S 26R

02076 718020012261 8410014538222 JUMPER,WOMEN'S 26T

02076 718020012186 8410014538210 JUMPER,WOMEN'S 26WR

02076 718020012209 8410014538213 JUMPER,WOMEN'S 26WT

02076 N/A 8410000JMP709 JMP TOP WM WHITE Special Measurement

FIRST DELIVERY WILL BE 120 DAYS AFTER DATE OF AWARD.

ANY SUBSEQUENT DELIVERIES WILL BE IN 60 DAY INCREMENTS.

SPM1C1-09-R-0151 Page 16 of 81

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(MAR 2009)

(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;

SPM1C1-09-R-0151 Page 17 of 81

(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.

(2) Prompt Payment. The Government will make payment 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.

(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 the date 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

SPM1C1-09-R-0151 Page 18 of 81 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 33.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identfy 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 the 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

SPM1C1-09-R-0151 Page 19 of 81 provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title.

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

(o) Warranty.

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

(p) Limitation of Liability.

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

(q) Other Compliances.

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

(r) Compliance with Laws Unique to Government Contracts.

The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of Precedence.

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, 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; and (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

SPM1C1-09-R-0151 Page 20 of 81 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 the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

Alternate I (Oct 2008) [Applicable only when a time-and-materials or labor-hour contract is contemplated.]

If preceded by an X, the following paragraphs of 52.212-4 contain additional language:

Paragraph Additional Language

[ X ] (a) FAR 52.246-2, Inspection of Supplies - Fixed Price, is hereby included in this contract and takes precedence over FAR 52.212- 4(a).

[ ] (i) FAR 52.213-1, Fast Payment Procedure, DLAD 52.212-9001, Application of Fast Payment to Part 12 Acquisitions, and DLAD 52.213- 9009, Fast Payment Procedure, apply and are hereby incorporated by reference. The Government will pay invoices based on the Contractor’s delivery of supplies to a post office or common carrier (or, in shipments by other means), to the point of first receipt by the Government. This will apply to Special Measurement and DVD Orders.

ADDENDUM TO FAR 52.212-4

THE CLAUSES LISTED BELOW ARE INCORPORATED BY REFERENCE WITH THE SAME FORCE

AND EFFECT AS IF THEY WERE GIVEN IN FULL TEXT. UPON REQUEST, THE CONTRACTING

OFFICER WILL MAKE THEIR FULL TEXT AVAILABLE. (Also, the full text of solicitation clauses and provisions may be accessed electronically at the following websites):

FAR, DFARS, DLAD, and DSCP Local Clauses – http://www.dla.mil/j-3/j-336/icps.htm PROCLTRs and FARS Deviations – http://www.dla.mil/j-3/j-3311/dlad/rev5.htm

CLAUSE NUMBER TITLE/DATE

FAR 52.204-7 Central Contractor Registration (APRIL 2008)

SPM1C1-09-R-0151 Page 21 of 81 FAR 52.209-6 Protecting the Government’s Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

FAR 52.232-17 Interest (OCT 2008) FAR 52.242-13 Bankruptcy (JULY 1995) FAR 52.242-15 Stop-Work Order (AUG 1989) DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7004 Alternate A, Central Contractor Registration (SEP 2007)

DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (DEC 2006) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors

(APR 2003)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DLAD 52.211-9010 Shipping Documentation - MIL-STD-129P (MAY 2006) DLAD 52.233-9000 Agency Protests (SEP 1999) DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) (FEB 2007)

ADDENDUM TO 52.212-4

ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER

TERMINATION FOR CAUSE (JULY 2004)

If this contract is terminated in whole or part for cause pursuant to Paragraph (m) of the clause included in this contract entitled “Contract Terms and Conditions - Commercial Items”, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and Government expressly agree that in addition to any excess costs of repurchase, or any other damages resulting from the Contractor’s default, the Contractor shall pay, and the Government shall accept, the sum of $1,155.00 as payment in full for the administrative costs of such repurchase. The assessment of damages for administrative costs shall apply for any termination for cause for which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred and/or assessed.

52.247-34 -- F.O.B. – Destination (Nov 1991)

(a) The term “f.o.b. destination,” as used in this clause, means --

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the

SPM1C1-09-R-0151 Page 22 of 81 consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall -- (1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

52.247-48 F.O.B. Destination—Evidence of Shipment (Feb 1999)

(a) If this contract is awarded on a free on board (f.o.b.) destination basis, the Contractor—

(1) Shall not submit an invoice for payment until the supplies covered by the invoice have been shipped to the destination;

and

(2) Shall retain, and make available to the Government for review as necessary, the following evidence of shipment documentation for a period of 3 years after final payment under the contract:

(i) If transportation is accomplished by common carrier, a signed copy of the commercial bill of lading for the supplies covered by the Contractor’s invoice, indicating the carrier’s intent to ship the supplies to the destination specified in the contract.

(ii) If transportation is accomplished by parcel post, a copy of the certificate of mailing.

(iii) If transportation is accomplished by other than common carrier or parcel post, a copy of the delivery document showing receipt at the destination specified in the contract.

(b) The Contractor is not required to submit evidence of shipment documentation with its invoice.

52.242-17 Government Delay of Work (Apr 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly.

Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

52.229-3 -- Federal, State, and Local Taxes (Apr 2003)

SPM1C1-09-R-0151 Page 23 of 81

(a) As used in this clause--

“After-imposed Federal tax,” means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes.

“After-relieved Federal tax,” means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

“All applicable Federal, State, and local taxes and duties,” means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.

“Contract date,” means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

SPM1C1-09-R-0151 Page 24 of 81

“Local taxes,” includes taxes imposed by a possession…