SPM8EC11R0004 cranes 8-4-11.pdf

TABLE OF CONTENTS FOR

SOLICITATION NO: SPM8EC-11-R-0004

TITLE PAGE

Caution Notice (if any) None

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

Continuation of any block(s) from SF 1449 3

Information to Offerors 7

No Offer 11

Contract Clauses

1. FAR 52.212-4 - Contract Terms and Conditions – Commercial Items 12

2. Addendum to FAR 52.212-4 18

3. FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items 40

4. DFARS 252.212-7001 - Contract Terms and Conditions Required to Implement Statutes or Executive orders Applicable to Defense Acquisition of Commercial Items 44

Any Contract Documents, Exhibits, or Attachments (e.g., PID, Statement of Work) 46

Solicitation Provisions

1. FAR 52.212-1 - Instructions to Offerors – Commercial Items 51

2. Addendum to FAR 52.212-1 54

3. FAR 52.212-2 - Evaluation – Commercial Items 57

4. FAR 52.212-3 - Offeror Representations and Certifications – Commercial Items 58

5. Addendum to FAR 52.212-3 (e.g., certifications re Surplus Material, Buy American Act) 60

6. DFARS 252.212-7000 - Offeror Representations and Certifications – Commercial 69 Items

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

(CONTINUATION SHEET)

1. Block 8 Offer Due Date/Local Time: September 12, 2011 5PM EDT

2. Block 9 (continued)

Mailed offers should be sent to:

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

Solicitation No: SPM8EC-11-R-0004 Opening/Closing Date and Time September 12, 2011 5PM EDT

Handcarried Offers should be delivered to:

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

Solicitation No: SPM8EC -11-R-0004 Opening/Closing Date and Time September 12, 2011 5PM EDT

[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.

(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.)

(CONTINUATION SHEET) (cont.)

1. Continuation of Blocks 19-24:

Schedule of Supplies/Services

The intent of this solicitation is to issue multiple award requirements contracts for commercial-type cranes used by a variety of military and other federal government agencies within the continental United States and throughout Europe and the Pacific. Awards will be made to responsible offerors whose proposals are determined technically acceptable and provise the lowest evaluated price for each product line. This method of contracting is intended to provide broad, flexible, efficient, long term contracts to provide maximum coverage for Cranes along with comprehensive equipment support. Contracts will be awarded to individual contractors for their entire product line of cranes.

Product lines can include but not be limited to:

• All-terrain hydraulic, Rough terrain hydraulic cranes

• Lattice boom;

• Truck mounted hydraulic,

• Crawler mounted hydraulic,

• Barge mounted, Bridge, Derrick diggers

• Gantry cranes, Straddle carriers,

• Tower cranes,

• Bucket boom trucks

• Flight deck cranes; Hoists and Winches.

Each item shall be new and the manufacturer’s current commercial product. Each product(s) offered shall be provided with all standard components that are offered to the commercial market. Equipment shall be in operating condition, which includes but is not limited to having all fluid levels filled to normal operating ranges, when delivered to the destination. One paper and/or electronic set of commercial manuals consisting of operator’s instructions, service and repair manuals, and a complete parts list shall be over-packed with each item.

Product lines will also include incidental service and support features for each model. The incidental service and support can include but is not be limited to operator training, operator certification training, service plans, spare parts support, video packages, extended warranty agreements, and any additional value-added incidental services and support features that the manufacturer or their certified representative offers. This incidental service and support may only be ordered at the time the new equipment is ordered as part of the new equipment order.

The services and support features cannot be ordered as stand alone items under any resulting contract.

The FOB point will be Destination. Contractors will quote freight costs at the time of each individual machine equipment quotation. For items shipped outside of the Continental United States, the FOB point will be the domestic port of loading closest to the port of embarkation.

The cognizant DCMA office is responsible for designating the port of loading.

The proposed delivery schedule is 30/365 days.

The contract will have a Five Year Base Period (no option) Contract Term.

Quantity range discounts can be offered on page 49.

INFORMATION TO OFFERORS

Submission of Offers See Page 51: All offers must be submitted following the submission requirements outlined in Section 52.212-1 Instructions to Offerors—Commercial Items (June 2008)

DLA Troop Support will award only one contract per manufacturer product line.

After the initial contracts are awarded, all subsequent customer requirements will be competed amongst all contract holders and each contract holder will be afforded a fair opportunity to submit offers on crane requirements except for items covered by a Limited Source Justification (see page 46).

Economic Price Adjustment: FAR Clause 52.216-2, Economic Price Adjustment - Standard Supplies, on page 25 of this solicitation provides for an aggregate increase not to exceed 20 percent of the original contract unit price. This provision will be in effect for the first two years of the resulting contracts. After two years, the contracts will be modified to provide for an aggregate Economic Price Adjustment ceiling for subsequent years.

Only two (2) Economic Adjustments are permitted per year.

Addition/Deletion of items to the Contract: Items may be added to the contract as they are added to the awardees’ commercial catalog. Items that become obsolete or discontinued from the commercial catalog may be deleted. (See clause on Page 27)

Pricing: The offeror shall submit a detailed proposal including commercial catalog prices for all items and services and commercial catalog prices for all machine attachments and related equipment and services. Proposal shall also include discounts to be offered on above offered commercial catalog prices (see section on discounts and pricing). In addition, all offerors shall supply pricing support data relating to equipment proposed. For example, copies of purchase orders for similar equipment sold to their commercial customers, pricing structure pertaining to their commercial customers/dealers, and other documentation that can be used to prove price reasonableness. Offerors should refer to FAR 52.215-20 page 55 and fill out the provision appropriately.

This solicitation requires potential offerors to submit:

1. Commercial Price Lists and Discounts

2. Commercial Catalogs (descriptive literature)

3. Commercial Invoices

Commercial Price Lists and Discounts: Vendors will be required to submit pricing and discounts offered for each model offered to include all commercially available price listed equipment attachments and optional equipment for that model.

• Model Pricing and Discount Information Sheet (Attachment One page 49)

Offerors will also be required to submit pricing on their offered incidental service and support features for each model.

• Equipment Support Agreement (Attachment Two page 50)

Commercial Catalogs: Offerors must submit commercial catalogs and/or other commercially offered descriptive literature that will be used to determine commerciality of all models, attachments and optional features.

Commercial Invoices: Each offeror will be required to submit commercial invoices that have been executed in their commercial business operations that will verify commercial sales and discounts offered to the commercial market. Offerors will be required to submit invoices on their major items and support services that are supplied to commercial customers. See page 48.

Dealers: DLA Troop Support will award only one contract per OEM manufacturer product line.

If dealers and suppliers other than the manufacturer wish to be considered for an award, they must submit an original letter of commitment from the manufacturer specifically addressing the offeror and this solicitation. The OEM shall certify in writing that the offeror is the OEMs representative for the contract. The OEM shall provide assurance in the certification to the offeror a guaranteed, uninterrupted source of supply sufficient to satisfy the Government’s requirements for the contract period. The offeror shall submit this certification along with his proposal. Failure to provide the guarantees mentioned above will result in your elimination from consideration for award.

Evaluation Procedures: This procurement is being solicited on an unrestricted basis. Awards will be negotiated utilizing Lowest Price Technically Acceptable (LPTA) procedures should more than one offeror submit a proposal for the same equipment. Awards will be based on factors other than cost or price alone. Evaluation factors for award are contained in FAR clause 52.212-2 Evaluation - Commercial Items (See page 57).

Ordering: The following procedures will be used in issuing delivery orders:

A fair notice of intent to make a purchase, including an item description of the equipment to be delivered and the basis upon which the contracting officer will make the selection, will be issued to all contractors who hold crane contracts except for items covered by a Limited Source Justification (see page 46). The RFQ/email notification will clearly identify the customer’s requirements, and include reference to the specific equipment requirements and, if necessary, will clearly identify the best value delivery order placement criteria to be used for the specific purchase. This will afford all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered. Upon receipt of the offer(s), a delivery order will be issued by the DLA Troop Support Contracting Officer based on the delivery order placement criteria specified in the contract. DLA Troop Support is the designated ordering office. No other government activities may place delivery orders against this contract.

All delivery orders will be awarded based on Lowest Price Technically Acceptable (LPTA) unless otherwise specified.

In the future, the DLA Troop Support ‘BidWiser’ competition tool may be used to compete all customer requirements. ‘BidWiser’ is an analytical, pre-award decision support tool that enables buyers and contracting officers to collaborate and move customer item requirements for Material Handling Equipment through a competitive business model with qualified vendors to achieve a best value buy for the customer. The use of this tool and associated procedures will be modified into all resultant contracts upon implementation.

Hazardous Material Identification and Material Safety Data: Offerors must provide a list of any hazardous material to be delivered under this contract, and submit a Material Safety Data Sheet for items meeting specific criteria. (See Section I, FAR 52.223-3 and DLAD 52.223-9000).

Packaging: Unless otherwise specified in the delivery order, preservation, packaging, and packing shall be of sufficient nature as to preclude damage to the equipment under normal shipping and handling conditions. In accordance with ASTM D 3951 (Standard Practice for Commercial Packaging) AND MIL-STD 147 such packaging should conform to industry commercial and military practices, and be consistent with applicable carrier regulations.

Shipping containers shall be in compliance with National Motor Freight Classification and Uniform Freight Classification. OCONUS shipping must conform to International Air Transport Association regulations and the specific delivery order packaging directions.

The contractor shall be responsible for packaging and overpacking the equipment in commercial material of the type, size and kind commonly used for the purpose and so constructed as to ensure acceptance and safe delivery to destination. A packing list/slip containing the following information, as a minimum: Contractor’s name, delivery order number, date of order, itemized list of equipment / attachments/ supplies included in the shipment, manufacturers name, part number, quantity shipped, delivery site, secondary delivery site, if necessary, and any special instructions, shall be enclosed with each shipped order. The line number used in the order will be duplicated on the packing slip.

Continuous Solicitation: The proposed solicitation will be Continuous with Early Consideration, meaning; only offers received by the original closing date will be included in the initial evaluation process for award. New offers may be forwarded at any time. The final closing date will be four (4) years after the original closing date. Only proposals for manufacturer’s product lines that are not yet on contract will be evaluated after the initial closing date. All other proposals will be sent back to the prospective offeror(s) unevaluated. Proposals received after the original closing date will be retrieved from the Business Opportunities Office (BOO) on a weekly basis.

Subcontracting Plan: Each offeror, which is a Large Business concern, must submit a Subcontracting Plan with its offer. A plan guide is included on page 28. For further information on suncontracting plans, please visit: https://www.esrs.gov.

Audits: The Contracting Officer, at any time after the award of a contract, may request an audit of the contract holders commercial sales/invoices to determine that commercial customers/dealer are receiving the same discounts as at the time of award.

https://www.esrs.gov/�

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (DEC 2010)

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)

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)

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: SPM9EC-11-R-0004

Offer Due Date/Time: September 12, 2011 5PM EDT

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: __________________________________________________________

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(JUNE 2010)

(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--

FAR 52.212-4 (continued)

(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.

(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 identify the same due date as the original demand for payment.

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

(A) The date fixed under 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 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; 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 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.

http://www.ccr.gov/�

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) FAR 52-222-99 Notification of Employee Rights under the National

Relations Act (JUNE 2010) Deviation 2010-O0013) FAR 52.227-2 Notice and Assistance Regarding Patent and

Copyright Infringement (DEC 2007) FAR 52.232-17 Interest (OCT 2010) FAR 52.242-13 Bankruptcy (JULY 1995) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.246-15 Certificate of Conformance (Apr 1984) FAR 52.246-16 Responsibility for Supplies (Apr 1984) FAR 52.247-34 FOB Destination ( Nov 1991) FAR 52.247-48 F.O.B Destination -- Evidence of Shipment (Feb 1999) FARS 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 252.211-7003 Item Identification and Valuation (AUG 2008) DFARS 252.211-7007 Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry

(NOV 2008)

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors

(APR 2003)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.246-7000 Material Inspection & Receipt Report (MAR 2008) DLAD 52.211-9010 Shipping Documentation - MIL-STD-129P (MAY

2006) DLAD 52.211-9002 Priority Rating (MAR 2000) http://www.dla.mil/j-3/j-336/icps.htm� http://www.dla.mil/j-3/j-3311/dlad/rev5.htm�

DLAD 52.211-9004 Priority rating for various long-term contracts.

(MAR 2000)

DLAD 52.233-9000 Agency Protests (SEP 1999) DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) (FEB 2007)

Addendum to FAR 52.212-4, the following additional clauses are incorporated in full text” (for formatting purposes, additional clauses are included in the Addendum to FAR 52.212-4 and additional provisions are included in the Addendum to FAR 52.212-1)

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.

DFARS 252.211-7006 RADIO FREQUENCY IDENTIFICATION (FEB 2007)

(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. The standardized EPC data consists of an EPC (or http://farsite.hill.af.mil/reghtml/regs/other/dlad/part52.htm#P1860_164165�

EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC tag data standards will define the length and position of this data, without defining its content.

“EPCglobal™” means a joint venture between EAN International and the Uniform Code Council to establish and support the EPC network as the global standard for immediate, automatic, and accurate identification of any item in the supply chain of any company, in any industry, anywhere in the world.

“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.

“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.

“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response.

(1) Until February 28, 2007, the acceptable tags are—

(i) EPC Class 0 passive RFID tags that meet the EPCglobal Class 0 specification; and

(ii) EPC Class 1 passive RFID tags that meet the EPCglobal Class 1 specification. This includes both the Generation 1 and Generation 2 Class 1 specifications.

(2) Beginning March 1, 2007, the only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal Class 1 Generation 2 specification. Class 0 and Class 1 Generation 1 tags will no longer be accepted after February 28, 2007.

“Radio Frequency Identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.

“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes).

(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case and palletized unit load packaging levels, for shipments of items that—

(i) Are in any of the following classes of supply, as defined in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11:

(A) Subclass of Class I - Packaged operational rations.

(B) Class II - Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.

(C) Class IIIP – Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.

(D) Class IV – Construction and barrier materials.

(E) Class VI - Personal demand items (non-military sales items).

(F) Subclass of Class VIII – Medical materials (excluding pharmaceuticals, biologicals, and reagent - suppliers should limit the mixing of excluded and non-excluded materials).

(G) Class IX – Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and

(ii) Are being shipped to any of the following locations:

(A) Defense Distribution Depot, Susquehanna, PA: DoDAAC W25G1U or

SW3124.

(B) Defense Distribution Depot, San Joaquin, CA: DoDAAC W62G2T or

SW3224.

(C) Defense Distribution Depot, Albany, GA: DoDAAC SW3121.

(D) Defense Distribution Depot, Anniston, AL: DoDAAC W31G1Z or SW3120.

(E) Defense Distribution Depot, Barstow, CA: DoDAAC SW3215.

(F) Defense Distribution Depot, Cherry Point, NC: DoDAAC SW3113.

(G) Defense Distribution Depot, Columbus, OH: DoDAAC SW0700.

(H) Defense Distribution Depot, Corpus Christi, TX: DoDAAC W45H08 or

SW3222.

(I) Defense Distribution Depot, Hill, UT: DoDAAC SW3210.

(J) Defense Distribution Depot, Jacksonville, FL: DoDAAC SW3122.

(K) Defense Distribution Depot, Oklahoma City, OK: DoDAAC SW3211.

(L) Defense Distribution Depot, Norfolk, VA: DoDAAC SW3117.

(M) Defense Distribution Depot, Puget Sound, WA: DoDAAC SW3216.

(N) Defense Distribution Depot, Red River, TX: DoDAAC W45G19 or SW3227.

(O) Defense Distribution Depot, Richmond, VA: DoDAAC SW0400.

(P) Defense Distribution Depot, San Diego, CA: DoDAAC SW3218.

(Q) Defense Distribution Depot, Tobyhanna, PA: DoDAAC W25G1W or

SW3114.

I Defense Distribution Depot, Warner Robins, GA: DoDAAC SW3119.

(S) Air Mobility Command Terminal, Charleston Air Force Base, Charleston, SC:

Air Terminal Identifier Code CHS.

(T) Air Mobility Command Terminal, Naval Air Station, Norfolk, VA: Air

Terminal Identifier Code NGU.

(U) Air Mobility Command Terminal, Travis Air Force Base, Fairfield, CA: Air

Terminal Identifier Code SUU.

(V) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1.

(2) The following are excluded from the requirements of Paragraph (b)(1) of this clause:

(i) Shipments of bulk commodities.

(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.

(c) The Contractor shall--

(1) Ensure that the data encoded on each passive RFID tag are unique (i.e., the binary number is never repeated on any and all contracts) and conforms to the requirements in paragraph (d) of this clause;

(2) Use passive tags that are readable; and

(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications.

(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the most recent EPC™ Tag Data Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.epcglobalinc.org/standards/.

(1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identity types and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags.

(2) If the Contractor chooses to employ the DoD Identity Type, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) Code and shall encode the tags in accordance with the tag identity type details located at http://www.acq.osd.mil/log/rfid/tag_data.htm.

If the Contractor uses a third party packaging house to encode its tags, the CAGE code of the third party packaging house is acceptable.

(3) Regardless of the selected encoding scheme, the Contractor is responsible for ensuring that each tag contains a globally unique identifier.

(e) Receiving report. The Contractor shall electronically submit advance shipment notice(s) with the RFID tag identification (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at http://www.acq.osd.mil/log/rfid/advance_shipment_ntc.htm.

52.246-9019 Material and Inspection Report (APR 2008) – DLAD

(a) The Contractor shall create a Receiving Report in Wide Area Workflow Receipt and Acceptance (WAWF-RA), which serves as the Material Inspection and Receiving Report (MIRR)) (DD Form 250). Once the Receiving Report is created and the Government has accepted the material, an electronic signature of the Government representative responsible for acceptance will appear on the Receiving Report.

(b) In addition to the Receiving Report via WAWF-RA, the Contractor shall include hard copies of the Receiving Report (which includes an electronic signature of the Government representative responsible for acceptance if acceptance is at origin) in the exterior and interior shipping documentation.

DLAD 52.212-9000 CHANGES - MILITARY READINESS (MAR 2001)

The commercial changes clause at FAR 52.212-4(c) is applicable to this contract in lieu of the changes clause at FAR 52.243-1. However, in the event of a Contingency Operation or a Humanitarian or Peace Keeping Operation, as defined below, the Contracting Officer may, by written order, change (1) the method of shipment or packing, and (2) the place of delivery.

http://www.epcglobalinc.org/standards/� http://www.acq.osd.mil/log/rfid/tag_data.htm� http://www.acq.osd.mil/log/rfid/advance_shipment_ntc.htm�

If any such change causes an increase in the cost of, or the time required for performance, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The contractor must assert its right to an adjustment from the date of receipt of the modification.

“Contingency operation” means a military operation that -

(i) Is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or

(ii) Results in the call or order to, or retention on, active duty of members of the uniformed services under 10 U.S.C. 688, 12301(a), 12302, 12304, 12305, or 12406, Chapter 15 of U.S.C., or any other provision of law during a war or during a national emergency declared by the President or Congress (10 U.S.C. 101(a)(13)).

“Humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or VII of the Charter of the United Nations.