SOLICITATION-12-13.pdf

Solicitation Number SPM8E9-13-R-0001 Page 2 of 58

TABLE OF CONTENTS FOR

SOLICITATION NO: SPM8E9-13-R-0001

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………………………………………………………..…………………….7

ITEM DESCRIPTION FOR PR: IQC11300009045

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 .. 46

ADDENDUM TO FAR 52.212-3

DFARS 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS

Solicitation Number SPM8E9-13-R-0001 Page 3 of 58

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

(CONTINUATION SHEET)

1. Block 8 Offer Due Date/Local Time: ___May 31, 2013 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.

Mailed offers should be sent to:

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

Solicitation No: __SPM8E9-13-R-0001___ Opening Date and Time __April 17, 2013, 10:00 AM (EST)_

Closing Date and Time __ May 31, 2013 3:00 PM (EST)__

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: __ SPM8E9-13-R-0001___

Opening Date and Time __ April 17, 2013, 10:00 AM (EST)_ Closing Date and Time __ May 31, 2013 3:00 PM (EST)__

[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 3:30 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.

Solicitation Number SPM8E9-13-R-0001 Page 4 of 58

(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) 737-9216, (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 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 SPM8E9-13-R-0001 Page 5 of 58

CAUTION NOTICE

ITEMS REQUIRING SPECIAL ATTENTION

Although the specific details of the following information are included within, the following list of items is intended to summarize key aspects of this solicitation and resulting contract.

This procurement is being solicited as an Unrestricted Acquisition. The Government will make an award, as a result of this solicitation, to the responsible offerer, offering the lowest price, whose offer conforms to all the terms and conditions set forth in this solicitation. Technical acceptability is defined as the ability to meet all technical specifications and meet all other terms and conditions of this solicitation.

This acquisition is being processed under the authority of FAR 13.5, "Test Program for Certain Commercial Items" and therefore will utilize simplified procedures for soliciting competition, evaluation, and award documentation and notification that comply with FAR 13.1.

This solicitation is for a single Fixed Price Contract for Fan, Vaneaxial. The resulting Contract is a one time acquisition to be conducted in accordance with FAR 13.5 – Test Program for Certain Commercial Items.

Submission of Offers – All offers must be submitted following the submission requirements outlined in Section 52.212-1 Instructions to Offerors – Commercial Items (Feb 2012)

Parcel Post/Freight Address:

Delivery will be to the Defense Distribution Depot – Tracy, CA 95304. Any diversions or changed freight addresses shall be mutually agreed upon by the resulting Vendor and Contracting Officer.

Inspection and Acceptance of material will take place at Destination.

DFARS 252.225-7021, TRADE AGREEMENTS (DEC 2012) applies to this acquisition.

Delivery: Material under the terms of this contract shall be delivered within the number of days specified in the contract. Notwithstanding any other provisions/clauses of this contract, no deliveries shall be made prior to issuance of the Contract (Standard Form 1449).

All items delivered under this contract shall be shipped in accordance with the freight shipping instructions listed on the applicable contract.

Delivery terms are F.O.B. Destination.

Delivery is required as set forth below:

180 days after date of contract (ADC)

PRICES MUST BE BASED ON FOB DESTINATION ONLY.

FAR 52.212-4(o) on page 17 contains implied warranties of merchantability and fitness for a particular purpose. If you wish to offer an express warranty, it will be considered in accordance with FAR 12.404(b).”

ACCELERATION OF DELIVERIES IS PERMITTED AT NO ADDITIONAL COST TO

GOVERNMENT.

Solicitation Number SPM8E9-13-R-0001 Page 6 of 58

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 SPM8E9-13-R-0001 Page 7 of 58

(CONTINUATION SHEET) (cont.)

5. Continuation of Blocks 19-24:

Schedule of Supplies/Services

CLIN # FSC NIIN ITEM NAME

0001 4140 01-113-8312 FAN, VANEAXIAL

0002 4140 01-113-8313 FAN, VANEAXIAL

MANUFACTURER PART NUMBER

DYNAMIC AIR ENGINEERING INC (18965) M8921K-1C

DYNAMIC AIR ENGINEERING INC (18965) M5921K-1D

UNIT ISSUE QTY UNIT PACK QUANTITY

EA 1 EA 40 EA

EA 1 EA 40 EA

PLEASE PROVIDE YOUR FIRM-FIXED UNIT PRICE FOR EACH CLIN:

CLIN #

0001 4140-01-113-8312 (M8921K-1C) UNIT PRICE = $____________/EA

0002 4140-01-113-8313 (M5921K-1D) UNIT PRICE = $____________/EA

The Government may increase the quantity of supplies called for in the solicitation in an increment of 50% of the quantities of the said item awarded. Offerors must assent to FAR 52.217-6, OPTION FOR INCREASED QUANTITY (MAR 1989). Assent by filling in unit prices below for the option quantities.”

CLIN #

0003 4140-01-113-8312 (M8921K-1C) 50% QTY UNIT PRICE = $____________/EA

0004 4140-01-113-8313 (M5921K-1D) 50% QTY UNIT PRICE = $____________/EA

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

CLIN

0001 _______ EXACT PRODUCT

Manufacturer (CAGE): ______________________ P/N:___________________

REQUIRED DELIVERY SCHEDULE = 180 DAYS ADO ______ ACCEPTABLE

CLIN

0002 _______ EXACT PRODUCT ________ ALTERNATE OFFER

Manufacturer (CAGE): ______________________ P/N:___________________

REQUIRED DELIVERY SCHEDULE = 180 DAYS ADO ______ ACCEPTABLE

Solicitation Number SPM8E9-13-R-0001 Page 8 of 58

ITEM DESCRIPTION FOR CLIN 0001 // PR: 0048499311// NSN 4140-01-113-8312

FAN,VANEAXIAL

SOURCE CONTROL DATA

NAVAL SEA SYSTEMS COMMAND (53711)

P/N 2600099

APPROVED SOURCE FOR THE ABOVE P/N:

DYNAMIC AIR ENGINEERING INC (18965) SANTA ANA,CA

EXCEPTION TO CITED DWG: CHG NOTE 9 TO: WEIGHT

SHALL NOT EXCEED 33.5 LBS.

APPROVED SOURCE MUST MEET THE LATEST REVISION

OF THE OEM DRAWING

IDENTIFY TO . . .

MIL-STD-130N, 17 DEC 2007

IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY

THE APPROVED SOURCE(S) MUST MEET THE

REQUIREMENTS OF

THE CURRENT REVISION OF THE SOURCE CONTROL

DRAWING

OFFERORS NOT CITED AS APPROVED SOURCES IN THE

PROCUREMENT ITEM DESCRIPTION ARE REQUIRED TO

OBTAIN SOURCE APPROVAL FROM THE OEM. A COPY OF

THE SOURCE APPROVAL REQUEST, TECHNICAL DATA

PACKAGE OR CERTIFICATION OF PRIOR APPROVAL MUST

ALSO BE SUBMITTED TO DLA WITH THE OFFER.

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

Solicitation Number SPM8E9-13-R-0001 Page 9 of 58

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.

DATA IS PROPRIETARY OR INSUFFICIENT FOR

COMPETITIVE PROCUREMENT.

CRITICAL APPLICATION ITEM

DYNAMIC AIR ENGINEERING INC (18965) P/N M8921K-1C

I/A/W DRAWING NR 80064 2600099

BASIC

AMEND NR E DTD 01/21/86

TYPE NUMBER

ITEM DESCRIPTION FOR CLIN 0002// PR: 0048117249// NSN 4140-01-113-8313

FAN,VANEAXIAL

(80064) NAVAL SEA SYSTEMS COMMAND

P/N 2600205

APPROVED SOURCE OF SUPPLY:

DYNAMIC AIR ENGINEERING,INC

SANTA ANA,CA

CAGE 18965

P/N M5921K-1D

THE APPROVED SOURCE(S) MUST MEET THE REQUIREMENTS OF THE CURRENT

REVISION OF THE SOURCE CONTROL DRAWING

OFFERORS NOT CITED AS APPROVED SOURCES IN THE PROCUREMENT ITEM

DESCRIPTION ARE REQUIRED TO OBTAIN SOURCE APPROVAL FROM THE OEM. A COPY

OF THE SOURCE APPROVAL REQUEST, TECHNICAL DATA PACKAGE OR CERTIFICATION

OF PRIOR APPROVAL MUST ALSO BE SUBMITTED TO DLA WITH THE OFFER.

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,

Solicitation Number SPM8E9-13-R-0001 Page 10 of 58

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.

DYNAMIC AIR ENGINEERING INC (18965) P/N M5921K-1D

I/A/W DRAWING NR 80064 2600205

BASIC

AMEND NR E DTD 09/20/06

TYPE NUMBER P/N 2600205

Solicitation Number SPM8E9-13-R-0001 Page 11 of 58

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

APPLICATION TO BOTH CLINS (0001, 0002)

DELIVER FOB: Destination

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION/ACCEPTANCE POINT: Destination

CLIN 0001 // PR: 0048499311// NSN 4140-01-113-8312

CLIN 0002// PR: 0048117249// NSN 4140-01-113-8313

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: 00 -

PALLETIZATION SHALL BE IN ACCORDANCE WITH MD00100452 REV B

DATED 08183

SUPPLEMENTAL INSTRUCTIONS

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 SPM8E9-13-R-0001 Page 12 of 58

DLA DEPOT STOCK DELIVERY LOCATIONS:

PARCEL POST/FREIGHT/ MARK-FOR ADDRESS:

PARCEL POST ADDRESS:

W62G2T

W1BG DLA DISTRIBUTION

25600 S CHRISMAN ROAD

REC WHSE 57

TRACY CA 95304-5000

US

FREIGHT SHIPPING ADDRESS:

W62G2T

W1BG DLA DISTRIBUTION

25600 S CHRISMAN ROAD

REC WHSE 57

TRACY CA 95304-5000

US

MARK-FOR ADDRESS:

W62G2T

W1BG DLA DISTRIBUTION

25600 S CHRISMAN ROAD

REC WHSE 57

TRACY CA 95304-5000

US

US

Solicitation Number SPM8E9-13-R-0001 Page 13 of 58

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: __ SPM8E9-13-R-0001____________

Offer Due Date/Time: ___May 31, 2013, 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 SPM8E9-13-R-0001 Page 14 of 58

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(FEB 2012) FAR

(a) Inspection/Acceptance.

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

(b) Assignment.

The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes.

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

(d) Disputes.

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

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

(e) Definitions.

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

(f) Excusable Delays.

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

(g) Invoice.

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

Solicitation Number SPM8E9-13-R-0001 Page 15 of 58

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.

Solicitation Number SPM8E9-13-R-0001 Page 16 of 58

(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

Solicitation Number SPM8E9-13-R-0001 Page 17 of 58

(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.

Solicitation Number SPM8E9-13-R-0001 Page 18 of 58

(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

Solicitation Number SPM8E9-13-R-0001 Page 19 of 58 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 https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

Alternate I (Aug 2012) [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.

Solicitation Number SPM8E9-13-R-0001 Page 20 of 58

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. A CLAUSE WITH AN AUTHORIZED DEVIATION IS SO MARKED AFTER

THE DATE OF THE CLAUSE. (Also, the full text of solicitation clauses and provisions may be accessed electronically at the following websites):

FAR Clauses: https://www.acquisition.gov/far/index.html DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD Clauses: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

CLAUSE NUMBER TITLE/DATE

FAR 52.204-7 Central Contractor Registration (DEC 2012) FAR 52.204-13 Central Contractor Registration Maintenance (DEC

2012) FAR 52.209-9 Updates of Publicly Available Information

Regarding Responsibility Matters (JAN 2011) FAR 52.211-17 Delivery of Excess Quantities (SEP 1989) 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 52.247-34 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 (FEB

2013) 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

(DEC 2012)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DLAD 52.211-9010 Shipping Documentation - MIL-STD-129P (MAR

2012) 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)

Solicitation Number SPM8E9-13-R-0001 Page 21 of 58

Addendum to 52.212-4 (continued)

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:

__0__ % increase ___0__% decrease

This increase or decrease shall apply to ALL CLINs.

(End of Clause)

52.216-20 DEFINITE QUANTITY (OCT 1995) FAR

(a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule.

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.

(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 time 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 ONE YEAR [insert date].

Solicitation Number SPM8E9-13-R-0001 Page 22 of 58

Addendum to 52.212-4 (continued)

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.

[ X ] DFARS 252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION

(SEP 2011) [Applies when checked]

52.204-9001 ELECTRONIC ORDER TRANSMISSION (JUN 2008) DLAD

Supplies procured through the DLA may be ordered via electronic ordering. Offerors must check one of the following alternatives for paperless order transmission:

( ) Electronic Data Interchange (EDI) transmissions in accordance with ANSI X12 Standards through a DLA Transaction Services (formerly DAASC) approved Value Added Network (VAN)

( ) Electronic Mail (email) award notifications containing Web links to electronic copies of the DD Form 1155, Order for Supplies or Services (orders are stored in Portable

Solicitation Number SPM8E9-13-R-0001 Page 23 of 58

52.204-9001 (continued)

Document Format (PDF) and accessing them requires a free Adobe Acrobat Reader plug-in).

Offerors choosing email notification for order transmission shall register their email address on the DLA DIBBS Home Page at https://www.dibbs.bsm.dla.mil/ as part of the VENDOR

REGISTRATION.

Offerors choosing EDI for order transmission will receive transaction sets at time of award. The Contractor shall acknowledge receipt of each order by transmitting a functional acknowledgement or order receipt message within 24 hours, except for weekends and holidays where acknowledgement shall be the next working day. Failure to establish system(s) connectivity for successfully receiving and processing EDI orders within 30 days after date of award may be grounds for termination of the contract by the Government.

Issuance of an EDI transmission or email notification constitutes a binding order. Successful offerors are authorized and expected to commence performance upon receipt.

NOTE: Information regarding EDI, ANSI X12 transactions, and DLA Transaction Services (formerly DAASC) approved VANs can be obtained from the DAAS web site by going to https://www.daas.dla.mil/daashome/edi.asp

Questions concerning electronic ordering should be directed to the appropriate supply center contact below:

DLA Land & Maritime (formerly DSCC)

DSCCEDI@dla.mil

DLA Troop Support (formerly DSCP)

ATTN: DSCP-J6P, (Richard Fitzgerald)

Information Operations

700 Robbins Avenue

Philadelphia, Pa 19111-5092

Phone: 215-737-2130

- or -

DLA Aviation (formerly DSCR)

PROCUREMENT PROCESS SUPPORT DIRECTORATE

Solicitation Number SPM8E9-13-R-0001 Page 24 of 58

52.204-9001 (continued)

Systems and Procedures Division

ATTN: DSCR-BPSC, Chris Larsen

8000 Jefferson Davis Highway

Richmond, VA 23297-5516

52.204-9002 SOLICITATION PROVISIONS AND CONTRACT CLAUSES

STATEMENT (JUN 2008) DLAD

Full text of all DLAD clauses listed within this individual solicitation are contained in the Part 52

– Solicitation Provisions and Contract Clauses, current version found at http://www.dla.mil/j-3/j- 336/icps.htm and scroll down to clause central. Also, the full text of FAR/DFARS clauses incorporated by reference may be accessed.

52.211-9022 SUPERSEDED PART-NUMBERED ITEMS (AUG 2007) DLAD

(a) Part number (P/N) changes. Part number changes are acceptable only when the offeror completes the following verification:

The offeror represents that the P/N requested in the solicitation has been changed from CAGE ___________, P/N ________________ to P/N ______________ and that this is a part number change only. The reason for the change is _________________

The offeror represents that there has been no change to the parts form, fit, function, configuration, application, or physical nature and is therefore an exact item of replacement. Any award issued to the offeror for the new, superseding P/N shall be based on this verification. The Government may cancel any award for P/Ns determined to be unacceptable, and return any unacceptable parts for full refund including reimbursement for shipping charges. The

Solicitation Number SPM8E9-13-R-0001 Page 25 of 58

52.211-9022 (continued)

Government also reserves the right to dispose of the unacceptable part, at contractor expense.

The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements.

(b) If an item is superseded during the term of this award, the Contractor shall advise the Contracting Officer within fifteen (15) business days of such determination, or within five (5) business days if the superseded item is covered by a delivery order issued prior to the determination. The notice shall include complete information concerning the replacement item as it relates to the form, fit, and function, configuration, application, or physical nature of the superseded item. The Contracting Officer will determine whether the replacement item is acceptable to the Government, advise the Contractor within fifteen (15) business days, and modify the contract accordingly.

(End of clause)

52.211-9051 TIME OF DELIVERY (JUN 2008) DLAD

a) Offers in response to this solicitation will be evaluated as specified in the solicitation.

Delivery shall be offered in terms of a number of days after date of award. The number of delivery days REQUIRED in this solicitation is calculated based on the Government’s planned need and customer requirements. Unless delivery is identified elsewhere in the solicitation as an evaluation factor, Offerors are encouraged to conform their delivery terms as closely as possible to the delivery days REQUIRED, and there will be no evaluation preference, or penalty for faster delivery. Offering a greater number of delivery days than the REQUIRED DELIVERY SCHEDULE may result in the offer not being considered, however the Government reserves the right to consider offered delivery times that EXCEED the number of delivery days required by the Government. Delivery is REQUIRED by the Government in accordance with the following schedule:

REQUIRED DELIVERY SCHEDULE:

ITEM NO. QUANTITY WITHIN NO. DAYS AFTER DATE OF AWARD

__ALL___ __ALL___ ___ONE HUNDRED EIGHTY (180) DAYS____

The Government may elect to consider for award only those offers that comply with the REQUIRED DELIVERY SCHEDULE but reserves the right to consider offered delivery times that EXCEED the number of delivery days required by the Government. The Offeror may propose an alternative delivery schedule below. If the Offeror proposes no other delivery schedule, the REQUIRED DELIVERY SCHEDULE above will apply.

Solicitation Number SPM8E9-13-R-0001 Page 26 of 58

52.211-9051 (continued)

OFFEROR'S PROPOSED DELIVERY SCHEDULE:

ITEM NO. QUANTITY WITHIN NO. DAYS AFTER DATE OF AWARD

(b) The Government will mail, or otherwise furnish to, the Offeror an award or notice of award not later than the day the award is dated. Therefore, the Offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the award or notice of award by adding:

(i) five calendar days for delivery of the award through the ordinary mails, or

(ii) one working day if the solicitation states that the award or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.)

52.212-9000 CHANGES - MILITARY READINESS (NOV 2011) DLAD

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. 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 within 30 days from the date of receipt of the modification.

“Contingency operation” means a military operation that 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 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

Solicitation Number SPM8E9-13-R-0001 Page 27 of 58

52.212-9000 (continued)

Chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302 (8) and 41 U.S.C. 259 (d)(2)(B)).

52.247-9038 SHIPPING INSTRUCTION FOR DLA DIRECT

ACQUISITIONS (OCT 2008) DLAD

Freight shipping addresses and scheduling instructions, if applicable, are available DLAD PGI 47.305-10. Contractors will need to schedule a delivery appointment prior to arriving at the depot.

52.249-9000 ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER

TERMINATION FOR CAUSE (APRIL 2011) DLAD

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.