SPM8E8-11-R-0003.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

IQC11088009007 80

SPM8E8-11-R-0003 08/01/2011

Robert F. Spadaro, Jr 215-737-0866 08/31/11 / 3 PM

SPM5E1

DLA Troop Support 700 Robbins Avenue Bldg. 3C6169 Philadelphia, PA 19111-5092

DO-C9

Light, Lip, Special NSN 6240-01-362-4902

Please fill in offered prices on page 9.

✔ ONE

Solicitation Number SPM8E8-11-R-0003 Page 2 of 80

TABLE OF CONTENTS FOR

SOLICITATION NO: SPM8E8-11-R-0003

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

TABLE OF CONTENTS

Continuation of any block(s) from SF 1449

CAUTION NOTICE

Schedule of Supplies/Services

ITEM DESCRIPTION FOR PR: IQC10202009016

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

ADDENDUM TO FAR 52.212-4

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

DFARS 252.212-7001 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS

SOLICITATION PROVISIONS

FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

ADDENDUM TO FAR 52.212-1

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

ADDENDUM TO FAR 52.212-2

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITE .. 64

ADDENDUM TO FAR 52.212-3

DFARS 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS

Solicitation Number SPM8E8-11-R-0003 Page 3 of 80

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

(CONTINUATION SHEET)

1. Block 8 Offer Due Date/Local Time: ___31 August 2011, 3:00 PM (EST)_____

2. Block 9 (continued) *OFFERS MUST BE SENT TO EITHER OF THE TWO

ADDRESSES SHOWN BELOW. DO NOT SEND TO BUYER.

› Address and Submit “mailed” offers to:

Defense Logistics Agency Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation No: __SPM8E8-11-R-0003___ Opening Date and Time __01 Aug 2011, 10:00 AM (EST)_

Closing Date and Time __31 Aug 2011, 3:00 PM (EST)__

› Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

DLA Troop Support Business Opportunities Office Building 36, 2nd Floor, Room 2035 700 Robbins Avenue Philadelphia, PA 19111-5092

Solicitation No: __SPM8E8-11-R-0003___

Opening Date and Time __01 Aug 2011, 10:00 AM (EST)_ Closing Date and Time __31 Aug 2011, 3:00 PM (EST)__

Notes: 1. All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 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 “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

2. Examples of “hand carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail.

Solicitation Number SPM8E8-11-R-0003 Page 4 of 80

(CONTINUATION SHEET) (cont.)

FAXED OFFERS NOT AUTHORIZED.

› Transmit “facsimile” offers (if authorized; see “Addendum” to 52.212-1(b)) or offer modifications/withdrawals to: (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 Data Universal Numbering System (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 assigned Contractor and Government Entity (CAGE) Code:______________

4. Block 17b:

Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

Solicitation Number SPM8E8-11-R-0003 Page 5 of 80

CAUTION NOTICE

IT IS THE RESPONSIBILITY OF ALL THOSE SUBMITTING OFFERS IN REPLY TO THIS

REQUEST FOR PROPOSAL (RFP), TO READ, UNDERSTAND AND COMPLY WITH THE

TERMS, CONDITIONS AND RESTRICTIONS OF THIS SOLICITATION.

1. THIS SOLICITATION IS BEING ISSUED WITH THE INTENTION OF AWARDING

AN INDEFINITE QUANTITY CONTRACT (IQC). THE BASE TERM IS TWO (2)

YEARS. AT THE EXPIRATION OF THE BASE TERM, AN OPTION IN THE

CONTRACT MAY BE EXERCISED ANNUALLY BY THE GOVERNMENT TO

EXTEND THE CONTRACT UP TO THREE (3) ADDITIONAL ONE-YEAR

PERIODS BY WRITTEN NOTICE TO THE CONTRACTOR NO LATER THAN 30

DAYS PRIOR TO CONTRACT EXPIRATION. PLEASE PROVIDE PROPOSED

PRICING AND DELIVERY SCHEDULE ON PAGE 8 OF THIS SOLICITATION.

2. PRICING FOR EACH OF THE THREE OPTION YEARS WILL BE ESTABLISHED

BY ADJUSTING EACH OF THE PREVIOUS YEAR’S ITEM’S UNIT PRICES,

USING AN ECONOMIC PRICE ADJUSTMENT PPI COMMODITY INDEX, IN

ACCORDANCE WITH THE FORMULA AS OUTLINED IN DLAD CLAUSE 52.216-

9030 [“ECONOMIC PRICE ADJUSTMENT – DEPARTMENT OF LABOR PRICE

INDEX (FEB 2009)”], IF AND WHEN THE OPTION IS EXERCISED.

3. ACCEPTANCE OF THE OPTION PROVISION IS MANDATORY. FAILURE BY

THE OFFEROR TO ACCEPT THE OPTION PROVISIONS WILL CONSTITUTE A

DEFICIENCY IN THE PROPOSAL AND MAY RESULT IN THE ELIMINATION OF

THE PROPOSAL FROM BEING CONSIDERED FOR AWARD.

4. THIS CONTRACT WILL INCLUDE A GUARANTEED MINIMUM ORDER

QUANTITY OF 2,062 EA PER CONTRACT YEAR. THE GOVERNMENT

GUARANTEES TO PURCHASE A QUANTITY OF 4,124 EA FOR THE TWO-YEAR

BASE PERIOD. IF THE CONTRACTING OFFICER CHOOSES TO EXERCISE ANY

OF THE OPTION PERIODS, EACH OPTION PERIOD WILL ALSO INCLUDE A

GUARANTEED MINIMUM ORDER QUANTITY OF 2,062 EA. THERE WILL BE A

CONTRACT MAXIMUM OF $6.5 MILLION.

5. THE ANNUAL ESTIMATED DEMAND QUANTITY IS 10,308 EA.

6. ALL PRICES MUST BE SUBMITTED ON AN FOB DESTINATION BASIS.

7. EACH OFFEROR’S PRICE PROPOSAL WILL BE EVALUATED FOR PRICE

REASONABLENESS. CERTIFIED COST AND PRICING DATA WILL NOT BE

REQUIRED PER FAR 15.403-1(B)(3); HOWEVER, THE CONTRACTING OFFICER

MAY REQUIRE SUPPORTING PRICE DATA, SUCH AS COPIES OF

COMMERCIAL CATALOGS OR SUBSTANTIATION OF ESTABLISHED MARKET

PRICING.

8. THE SOLICITATION WILL BE ISSUED UNDER THE AUTHORITY OF FAR

13.501.

Solicitation Number SPM8E8-11-R-0003 Page 6 of 80

9. IF AN ALTERNATE PRODUCT IS OFFERED, THE OFFEROR SHALL FURNISH

WITH ITS OFFER LEGIBLE COPIES OF ALL DRAWINGS, SPECIFICATIONS, OR

OTHER DATA NECESSARY TO CLEARLY DESCRIBE THE CHARACTERISTICS

AND FEATURES OF THE ALTERNATE PRODUCT BEING OFFERED. DATA

SUBMITTED SHALL COVER DESIGN, MATERIALS, PERFORMANCE,

FUNCTION, INTERCHANGEABILITY, INSPECTION AND/OR TESTING

CRITERIA, AND OTHER CHARACTERISTICS OF THE OFFERED PRODUCT.

REFER TO DLAD CLAUSE 52.217-9002 (“CONDITIONS FOR EVALUATION AND

ACCEPTANCE OF OFFERS FOR PART NUMBERED ITEMS”), CONTAINED ON

PAGE 57-65, FOR ADDITIONAL INSTRUCTIONS AND REQUIREMENTS.

10. AFTER A PRELIMINARY REVIEW OF THE TECHNICAL DATA PACKAGE HAS

BEEN COMPLETED, THE CONTRACTING OFFICER MAY REQUEST THAT THE

OFFEROR PROVIDE A SAMPLE PRODUCT FOR TESTING AND EVALUATION.

THE OFFEROR SHALL NOT SUBMIT A SAMPLE PRODUCT UNTIL REQUESTED

TO DO SO. THE TESTING OF THE SAMPLE PRODUCT WILL BE DONE AT A

TESTING FACILITY; THEREFORE, THE SHIPPING INSTRUCTIONS WILL BE

PROVIDED WITH THE REQUEST.

11. ALL PROPOSALS MUST INCLUDE A HARD COPY OF A COMPLETED

SOLICITATION WITH PRICE AND DELIVERY DATA FOR THE TWO YEAR

BASE (BASED ON ADQ = 10,308 EA), ALONG WITH A COMPLETE TECHNICAL

DATA PACKAGE IF AN ALTERNATE PRODUCT IS BEING OFFERED.

12. IN ORDER TO BE ELIGIBLE FOR CONTRACT AWARD, OFFERORS MUST BE

DETERMINED TO BE “RESPONSIBLE” IN ACCORDANCE WITH FAR SUBPART

9.1.

13. THE PROVISIONS IN THE EPA CLAUSE [SEE DLAD CLAUSE 52.216-9030

ECONOMIC PRICE ADJUSTMENT - DEPARTMENT OF LABOR PRICE INDEX

(FEB 2009) ON PAGE 35] PROVIDE FOR ADJUSTMENTS OF OPTION YEAR

PRICING BASED ON ECONOMIC TRENDS CAPTURED BY THE PRODUCER

PRICE INDEX (WPU 1177 – ELECTRIC LAMP BULBS AND PARTS). THE TWO-

YEAR BASE PRICE WILL NOT BE SUBJECT TO AN EPA ADJUSTMENT.

14. THIS ACQUISITION IS SUBJECT TO THE REQUIREMENTS OF THE BUY

AMERICAN ACT (FAR 25.1). CONTRACTORS ARE REQUIRED TO IDENTIFY

THE COUNTRY OF MANUFACTURE FOR THIS ITEM. CONTRACTORS WILL BE

HELD RESPONSIBLE FOR ENSURING THAT THE PRODUCT SUPPLIED

DURING THE PERFORMANCE OF THE CONTRACT, COMPLIES WITH THE

COUNTRY OF ORIGIN OFFERED BY THE CONTRACTOR AND ACCEPTED BY

THE GOVERNMENT.THE GOVERNMENT INTENDS TO MONITOR THE

SUPPLIES RECEIVED IN ORDER TO VERIFY COMPLIANCE. PRODUCTS

RECEIVED THAT DO NOT COMPLY WITH THE TERMS OF THE REQUEST FOR

PROPOSAL AND THE RESULTING CONTRACT WILL BE CONSIDERED A

VIOLATION OF THE TERMS AND CONDITIONS OF THE CONTRACT. IN THOSE

CASES, THE GOVERNMENT MAY PURSUE ANY AND ALL RIGHTS AND

Solicitation Number SPM8E8-11-R-0003 Page 7 of 80

REMEDIES AVAILABLE TO IT AGAINST THE VENDOR, INCLUDING BUT NOT

LIMITED TO TERMINATION OF THE CONTRACT FOR DEFAULT.

15. OFFERORS MUST INDICATE THE COUNTRY OF ORGIN OF THE PRODUCTS

OFFERED AND WHETHER THE OFFERED PRODUCT IS EITHER THE EXACT

PRODUCT AS LISTED IN THE ITEM DESCRITPTION OR AN EQUAL

ALTERNATE PRODUCT.

16. ANY CONTRACTOR AWARDED A CONTRACT WILL BE REQUIRED TO RE-

CERTIFY THE PRODUCT OFFERED AND COUNTRY OF MANUFACTURE, AT

THE TIME OF EACH EXERCISE OF OPTION.

17. THE LTC WILL PROVIDE COVERAGE FOR DELIVERY ORDERS FOR STOCK

REPLENISHMENT. PRODUCT WILL REQUIRE DELIVERY TO DLA SUPPLY

DEPOTS LOCATED IN GREENSBORO, NC (UY8614) AND/OR PHOENIX, AZ

(UY8615). (SEE PAGE 11 FOR COMPLETE DLA SUPPLY DEPOT ADDRESSES).

18. DELIVERY ORDERS WILL BE ISSUED ELECTRONICALLY AGAINST A BASIC

CONTRACT. AWARDEES MUST BE CAPABLE OF ELECTRONICALLY

ACCESSING AND RECEIVING DELIVERY ORDERS PRIOR TO RECEIVING AN

AWARD. AWARDEES MUST ALSO BE CAPABLE OF SUBMITTING INVOICES

FOR PAYMENT ELECTRONICALLY PRIOR TO AN AWARD BEING ISSUED.

PROPOSALS RECEIVED FROM OFFERORS WHO ARE NOT CAPABLE OF

MANAGING THE BUSINESS OF THE CONTRACT ELECTRONICALLY, MAY BE

DETERMINED TECHNICALLY UNACCEPTABLE AND MAY BE INELIGIBLE

FOR CONTRACT AWARD.

19. VARIATION IN QUANTITY OF +5%, -5% WILL BE APPLICABLE FOR EACH

DELIVERY ORDER.

20. ALL DELIVERY ORDERS (DO) WILL REQUIRE DESTINATION INSPECTION,

WITH A REQUIRED DELIVERY SCHDULE OF FORTY-FIVE (45) DAYS ADO.

21. *** PLEASE BE ADVISED THAT ALL 'FILL-IN' CLAUSE(S) (PAGES 66-82) MUST

BE COMPLETED. ONLINE REPRESENTATIONS AND CERTIFICATIONS

APPLICATION (ORCA) ARE NOT ACCEPTABLE FOR THIS SOLICITATION.

THERE ARE SEVERAL CLAUSES THAT ARE NOT STANDARD TO ORCA THAT

REQUIRE VENDOR FILL-IN. FAILURE TO COMPLETE THESE CLAUSES MAY

RENDER YOUR PROPOSAL TECHNICALLY UNACCEPTABLE ***

22. PLEASE PROVIDE ALL OF THE REQUIRED INFORMATION REQUESTED

INCLUDING THE CLAUSE FILL-IN REPLIES WHERE REQUIRED. PLEASE

SUBMIT THE ENTIRE SOLICITATION DOCUMENT WITH YOUR PROPOSAL.

23. ALL PROPOSALS MUST BE SUBMITTED TO THE DLA TROOP SUPPORT

BUSINESS OPPORTUNITIES OFFICE I/A/W THE INSTRUCTIONS OUTLINED ON

PAGES 3 AND 4 OF THIS DOCUMENT.

Solicitation Number SPM8E8-11-R-0003 Page 8 of 80

24. *****Section (c)(1) of Clause 52.217-9I05 (page 39) is replaced with the following:***

(c) EVALUATION OF OFFERS

(1) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Offerors shall not propose Unit Prices for option years which differ from the prices proposed for the base contract period. As the perspective contract shall include Economic Price Adjustment (EPA) clauses for the Unit Price, which shall adjust pricing during any option years, offerors shall not include in their offered prices additional contingencies for increases in costs. The Government will evaluate offers on the basis of the price(s) submitted for the base period and option years. The Government will use the Unit Price submitted for the base period as the option year prices. The base Unit Price will be added to the option year prices to arrive at the total evaluated price for the five year base/option period. Evaluation of options will not obligate the Government to exercise the option(s). During any period of the contract, whether in the base period or in any option period, the contract unit price shall be subject to adjustment as provided by the clause herein entitled Economic Price Adjustment – Department of Labor Price Index (FEB 2009) DLAD. The unit price established on the contract date shall be the baseline price for purposes of post-award periodic price adjustments.

25. CONTRACTOR CODE OF BUSINESS ETHICS (DEC 2010) DLA TROOP

SUPPORT

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

If this solicitation or contract includes FAR clause 52.203-13, CONTRACTOR

CODE OF BUSINESS ETHICS AND CONDUCT; contained elsewhere in the solicitation or contract, the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States code or any violations of the False Claims Act. (31 U.S.C. 3729-3733)

END OF CAUTION NOTICE

Solicitation Number SPM8E8-11-R-0003 Page 9 of 80

(CONTINUATION SHEET) (cont.)

5. Continuation of Blocks 19-24:

Schedule of Supplies/Services

# FSC NIIN ITEM NAME

1 6240 01-362-4902 LIGHT, LIP, SPECIAL

MANUFACTURER PART NUMBER

SEITZ SCIENTIFIC INDUSTRIES INC (0ST81) ML-8

UNIT ISSUE QTY UNIT PACK ANNUAL EST DEMAND QTY

EA 1 EA 10,308 EA

PLEASE PROVIDE YOUR FIRM-FIXED UNIT PRICE FOR THE 2-YEAR BASE:

2-YEAR BASE UNIT PRICE = $_______________/EA

PRODUCT OFFERED (Check One // Fill-in Mfr and P/N being Offered):

_______ EXACT PRODUCT ________ ALTERNATE OFFER

Manufacturer (CAGE): ______________________ P/N:___________________

REQUIRED DELIVERY SCHEDULE = 45 DAYS ADO

______ ACCEPTABLE

Acceptance of the option provision(s)/clauses contained herein is mandatory. Failure to indicate acceptance of the option (by annotating DSCP clause 52.217-9I05) will result in rejection of the offer as technically unacceptable, and may preclude consideration of the offer if this is a negotiated solicitation and the Contracting Officer elects to make award without discussions.

Solicitation Number SPM8E8-11-R-0003 Page 10 of 80

ITEM DESCRIPTION FOR PR: IQC11088009007 // NSN 6240-01-362-4902

LIGHT, LIP, SPECIAL

SEITZ SCIENTIFIC INDUSTRIES INC

ENTERPRISE,AL

IDENTIFY TO:

MIL-STD-130N, 17 DEC 2007

IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY

WHEN THE PURCHASE ORDER TEXT (POT) DESCRIBES THE REQUIRED PRODUCT(S) BY

NAME AND PART NUMBER OF A SPECIFIC ENTITY, BY THE NAMES AND PART NUMBERS

OF A NUMBER OF SPECIFIC ENTITIES, OR BY THE NAME(S) AND PART NUMBER(S) OF

SPECIFIC ENTITY/ENTITIES AS MODIFIED BY ADDITIONAL REQUIREMENTS SET FORTH IN

THE POT, ONLY THAT/THOSE PRODUCT(S) HAVE BEEN DETERMINED TO MEET THE

NEEDS OF THE GOVERNMENT AND ARE ACCEPTABLE. SUCH PRODUCT(S) ARE 'EXACT

PRODUCT(S)' AS DEFINED IN 'DLAD 52.217-9002, CONDITIONS FOR EVALUATION AND

ACCEPTANCE OF OFFERS FOR PART NUMBERED ITEMS.'

A VENDOR OFFER/QUOTATION, 'BID WITHOUT EXCEPTION,' IS A CERTIFICATION THAT

THE 'EXACT PRODUCT,' MANUFACTURED AND/OR SUPPLIED BY ONE OF THE ENTITIES

CITED IN THE POT WILL BE FURNISHED UNDER THE CONTRACT OR ORDER. ANY

PRODUCT NOT MANUFACTURED AND/OR SUPPLIED BY ONE OF THE ENTITIES CITED IN

THE POT IS AN 'ALTERNATE PRODUCT,' EVEN THOUGH IT MIGHT BE MANUFACTURED IN

ACCORDANCE WITH THE DRAWING(S) AND/OR SPECIFICATIONS OF ONE OF THE

ENTITIES CITED IN THE POT.

IF AN ALTERNATE PRODUCT IS FURNISHED UNDER A CONTRACT OR ORDER FOR AN

EXACT PRODUCT, THE ALTERNATE PRODUCT WILL BE AN UNAUTHORIZED

SUBSTITUTION, AND MAY YIELD CRIMINAL PENALTIES IN ADDITION TO ANY CIVIL

REMEDIES AVAILABLE TO THE GOVERNMENT.

SEITZ SCIENTIFIC INDUSTRIES INC (0ST81) P/N ML-8

ALTERNATE OFFERS: [REFER TO DLAD CLAUSE 52.217-9002 (“CONDITIONS FOR

EVALUATION AND ACCEPTANCE OF OFFERS FOR PART NUMBERED ITEMS”),

CONTAINED ON PAGE 44, FOR ADDITIONAL INFORMATION]

If an alternate product is offered, the Offeror shall furnish with its offer legible copies of all drawings, specifications, or other data necessary to clearly describe the characteristics and features of the alternate product being offered. Data submitted shall cover design, materials, performance, function, interchangeability, inspection and/or testing criteria, and other characteristics of the offered product.

After a preliminary review of the technical data package has been completed, the Contracting Officer may request that the Offeror provide a sample product for testing and evaluation. The Offeror shall not submit a sample product until requested to do so. The testing of the sample product will be done at a testing facility; therefore, the shipping instructions will be provided with the request.

Solicitation Number SPM8E8-11-R-0003 Page 11 of 80

*****************PACKAGING AND MARKING REQUIREMENTS****************

DELIVER FOB: Destination

QTY VARIANCE: PLUS 5% MINUS 5%

INSPECTION/ACCEPTANCE POINT: Destination

PREP FOR DELIVERY:

PKGING DATA - MIL-STD-2073-1D, 15 DEC 1999

QUP = 001: PRES MTHD = 10: CLNG/DRY = 1: PRESV MAT = 00:

WRAP MAT = XX: CUSH/DUNN MAT = XX: CUSH/DUNN THKNESS = X:

UNIT CONT = D3: OPI = O:

INTRMDTE CONT = XX: INTRMDTE CONT QTY = AAA:

PACK CODE = U:

MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129.

SPECIAL MARKING CODE: 01 – 01 Fragile

PALLETIZATION SHALL BE IN ACCORDANCE WITH MD00100452 REV B

DATED 08183

SUPPLEMENTAL INSTRUCTIONS

PACKAGE IAW ASTM-D-3951-90.

SPECIAL MARKING FRAGILE SHALL BE IAW MIL-STD-129.

PALLETIZATION IAW D001450000 AND MIL-STD-147.

For all shipments of packaged materiel to the government, which includes either Depot (DLA- Direct) or DVD (Customer- Direct) shipments, both DoD linear and two-dimensional (2D) bar code markings are required on Military Shipping Labels in accordance with MIL-STD-129, Revision P, dated December 15, 2002 (but see DLAD 52.211-9010(D) for exceptions to the requirement for MSL and 2D symbols). See the DLA packaging web site identified in DLAD 52.211-9010(E) for change notices to MIL-STD-129P that apply. 2D bar coding shall be in accordance with ISO/IEC 15438, ISO/IEC 15434 (ANSI MH10.8.3) and DoD 4500.9-R. MSL linear (code 3 of 9 or code 39) bar coding shall be in accordance with ISO/IEC 16388. Shipping label stock quality shall meet MIL-PRF-61002. Bar code print quality shall meet ANSI MH10.8-2000 or ANSI X3.182-1990 (R2000) for applicable 2D and/or linear bar codes. All DVD shipments shall meet additional linear bar coding requirements in DLAD 52.211-9010(C).

Except for the Transportation Control Number (TCN), which must always be present on the Military Shipping Label, when the contract/order omits any other data elements as defined in MIL-STD-129P and if the information is not available from the Administrative Contracting Office, then the field is not required as part of the Military Shipping Label and may be left blank.

If there are inconsistencies between the schedule and MIL-STD-129P, the schedule takes precedence.

Solicitation Number SPM8E8-11-R-0003 Page 12 of 80

DLA DEPOT STOCK DELIVERY LOCATIONS:

PARCEL POST/FREIGHT/ MARK-FOR ADDRESS:

VSGW – UY8614

INDUSTRIES OF THE BLIND INC

6920 W. MARKET STREET

GREENSBORO, NC 27409

US

----------------AND/OR---------------

PARCEL POST/FREIGHT/ MARK-FOR ADDRESS:

VSGX - UY8615

ARIZONA INDUSTRIES FOR THE BLIND

515 N 51ST AVENUE NUMBER 130 DOCK 1

PHOENIX AZ 85043

US

Solicitation Number SPM8E8-11-R-0003 Page 13 of 80

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: __SPM8E8-11-R-0003________________

Offer Due Date/Time: ___31 August 2011, 3:00 PM (EST)_____

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: __________________________________________________________

Solicitation Number SPM8E8-11-R-0003 Page 14 of 80

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(JUNE 2010) FAR

(a) Inspection/Acceptance.

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment.

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

(c) Changes.

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

(d) Disputes.

This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.

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

(e) Definitions.

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

(f) Excusable Delays.

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

(g) Invoice.

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52.212-4 (continued)

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent Indemnity.

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

(i) Payment.

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

(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.

Solicitation Number SPM8E8-11-R-0003 Page 16 of 80

(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 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.

Solicitation Number SPM8E8-11-R-0003 Page 17 of 80

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

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

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

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

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

(j) Risk of Loss.

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

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

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

(k) Taxes.

The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s Convenience.

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

(m) Termination for Cause.

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

(n) Title.

Solicitation Number SPM8E8-11-R-0003 Page 18 of 80

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; 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

Solicitation Number SPM8E8-11-R-0003 Page 19 of 80 procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

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

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via 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

[ ] (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.

Solicitation Number SPM8E8-11-R-0003 Page 20 of 80

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 – https://www.acquisition.gov/far/index.html 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) FAR 52.209-9 Updates of Publicly Available Information

Regarding Responsibility Matters (JAN 2011) FAR 52.211-5 Material Requirements FAR 52.211-17 Delivery of Excess Quantities (SEP 1989) FAR 52.222-99 Notification of Employee Rights Under the National Labor Relations Act (JUNE 2010) (DEVIATION 2010-O0013) FAR 52.217-2 Cancellation Under Multi-Year Contracts

(OCT 1997)

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) FAR 52.247-34 FOB Destination (NOV 1991) DFARS 252.203-7002 Requirement to Inform Employees of

Whistleblower Rights (JAN 2009) 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 252.222-7006 Restrictions on the Use of Mandatory Arbitration

Agreements (MAY 2010) 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 52.211-9014 Contractor Retention of Traceability Documentation

(OCT 2008)

Solicitation Number SPM8E8-11-R-0003 Page 21 of 80

Addendum to 52.212-4 (continued)

DLAD 52.211-9023 Substitution of Item After Award (AUG 2007) DLAD 52.211-9033 Packaging and Marking Requirements (APR 2008) DLAD 52.216-9023 Additional Ordering Limitation (APR 2008) DLAD 52.233-9000 Agency Protests (SEP 1999) DLAD 52.246-9007 Inspection and Acceptance at Destination

(AUG 2007)

DLAD 52.246-9039 Removal of Government Identification from Non-

Accepted Supplies (APR 2008) DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) (FEB 2007) DLAD 52.247-9035 Shipping Instructions (Domestic) (OCT 2008)

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

(a) A variation in quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in Paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

__5__ % increase ___5__% decrease

This increase or decrease shall apply to ALL CLINs.

(End of Clause)

52.216-18 ORDERING (OCT 1995) FAR

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from DATE OF CONTRACT AWARD through

TWO YEARS FROM DATE OF CONTRACT AWARD.

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

Solicitation Number SPM8E8-11-R-0003 Page 22 of 80

52.216-19 ORDER LIMITATION (OCT 1995) FAR

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than, 100 EACH, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of, 3,000 EACH; or

(2) Any order for a combination of items in excess of, NO MAXIMUM COMBIND QUANTITY; or

(3) A series of orders from the same ordering office within, 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within, FIVE (5), days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR

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

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

Solicitation Number SPM8E8-11-R-0003 Page 23 of 80

52.216-22 (continued)

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after, SIXTY DAYS (60) AFTER THE

CONTRACT EXPIRATION DATE.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

This contract incorporates one or more clauses 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 a clause may be accessed electronically at this/these address(es):

FAR, DFARS, DLAD, and DSCP Local Clauses – https://www.acquisition.gov/far/index.html

PROCLTRs and FARS Deviations – http://www.dla.mil/j-3/j-3311/dlad/rev5.htm

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) FAR

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any DFARS, DLAD, and/or DSCP Local (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Solicitation Number SPM8E8-11-R-0003 Page 24 of 80

[ X ] 252.211-7006 RADIO FREQUENCY IDENTIFICATION (FEB 2007) DFARS

[Applies when checked]

(a) Definitions. As used in this clause—

“Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.

“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:

(1) Sand.

(2) Gravel.

(3) Bulk liquids (water, chemicals, or petroleum products).

(4) Ready-mix concrete or similar construction materials.

(5) Coal or combustibles such as firewood.

(6) Agricultural products such as seeds, grains, or animal feed.

“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container.

“Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means.