W911N213T0012SOLICITATION.doc

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

For Department of Transportation (DOT) Recertification Using Hydrostatic Testing of High Pressure Nitrogen Storage Cylinders

1.0 General:

1.1 Scope: The Contractor shall provide all services, labor, facilities, equipment, tools, parts, materials, and shipping costs to provide DOT recertification services by hydrostatically testing empty high pressure Nitrogen storage cylinders.

1.2 Background: The 4,500 PSI service pressure Nitrogen storage cylinders are used on the Generic Aircraft Nitrogen Generator (GANG) system. Each GANG unit has two (2) high pressure Nitrogen storage cylinders.

1.3 Period of Performance (PoP): The Period of Performance shall be one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

1.3.1 Base Year:

01 JAN 2013 to 31 DEC 2013

1.3.2 Option Year One:

01 JAN 2014 to 31 DEC 2014

1.3.3 Option Year Two:

01 JAN 2015 to 31 DEC 2015

1.3.4 Option Year Three:

01 JAN 2016 to 31 DEC 2016

1.3.5 Option Year Four:

01 JAN 2017 to 31 DEC 2017

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QC program is the means by which he assures himself that his work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary.” After acceptance of the QC Plan, the contractor shall obtain the Contracting Officer’s acceptance in writing of any proposed changes to his QC system.

1.4.2 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.4.3 Recognized Holidays: The following are recognized US holidays. The contractor shall not perform services on these days:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr’s Birthday: Third Monday in January

1.4.3.3 President’s Day: Third Monday in February

1.4.3.4 Memorial Day: Last Monday in May

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day: First Monday in September

1.4.3.7 Columbus Day: First Monday in October

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day: Third Thursday in November

1.4.3.10 Christmas Day: Third Thursday in December

1.4.4 Place and Performance of Services: The contractor shall provide services between the hours of 0600-1430 hrs Monday through Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at the Contractors place of business. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.5 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government equipment and materials shall be secured.

1.4.6 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

1.4.7 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the Contracting Officer in accordance with Federal Acquisition Regulations Subpart 42.5. The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.8 The Contractor shall submit three (3) points of contact (POC): A Program Manager (PM), a Technical Manager (TM), and a Contract Manager (CM) who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the Contracting Officer. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor shall provide telephone number, fax number, and email address for each of the POCs.

1.4.9 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.4.10 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms:

2.1.1 Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 Contracting Officer’s Representative (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 Deliverable. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 Physical Security. Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 Work Week. Monday through Friday, unless specified otherwise.

2.1.14 Performance Work Statement (PWS). A statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes.

2.1.15 National Maintenance Work Requirements (NMWR’s). U.S. ARMY technical Manual for Component Overhaul

2.1.16 Technical Manuals (TM). U.S. ARMY Technical Manual for Army Equipment covering all levels of operation and maintenance.

2.1.17 Original Equipment Manufacturer (OEM). OEM refers to the company that originally manufactured the product. When referring to automotive parts, OEM designates a replacement part made by the manufacturer of the original part.

2.1.18 National Stock Number (NSN). A thirteen-digit stock number. It consists of the four-digit Federal Supply Classification code and the nine-digit National Item Identification Number. The National Item Identification Number consists of a two-digit National Codification Bureau number designating the central cataloging office of the NATO or other friendly country which assigned the number and a seven-digit (xxx-xxxx) non significant number.

2.1.19 Part Number (PN). A combination of numbers, letters, and symbols assigned by a designer, a manufacturer, or vendor to identify a specific part or item of materiel.

2.1.20 Letterkenny Army Depot (LEAD). US Army Depot

2.1.21 In Process Review (IPR). Periodic inspection of record keeping, facilities, equipment and procedures.

2.1.22 Product Quality Deficiency Report (PQDR). To report deficiencies and unsatisfactory conditions in Government-owned products, materiel, and equipment.

2.1.23 Contract Line Item Number (CLIN). A specific unit of work to be performed by the Contractor as a pay item.

2.2 Acronyms:

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTS Commercial-Off-the-Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DOD Department of Defense

DOT Department of Transportation

FAR Federal Acquisition Regulation

KO Contracting Officer

OCI Organizational Conflict of Interest

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

3.0 Government Furnished Property, Equipment and Services:

3.1 Materials: 4,500 psi service pressure Nitrogen storage cylinders.

4.0 Applicable Documents:

The following documents form a part of this specification to the extent specified herein. The issues of the documents which are DoD adopted shall be the issue listed in the current DoDISS and supplement thereto, if applicable. Unless otherwise indicated for documents not DoD adopted, the issue in effect on date of invitation for bids or request for proposal shall apply.

(Copies of specifications, standards, drawings, and publications required by contractors in connection with this acquisition function will not be furnished by the Contracting Officer. Applications for copies should be addressed to the various committees or standards organizations referenced.)

4.1 Government Standards:

Technical Manual TO 42B5-1-2, Gas Cylinders (Storage Type) Use, Handling, and Maintenance. A PDF document will be provided, if required.

Others as noted in TO 42B5-1-2

Title 49, Code of Federal Regulations (CFR), Parts 173 and 178

Title 49, CFR, Parts 173 through 301

4.2 Industry Standards:

Standards as noted in TO 42B5-1-2

ANSI/Compressed Gas Association (CGA) Pamphlet C-7-2000

5.0 Contractor Furnished Property, Equipment and Services:

The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform the services as defined in this PWS, except as specified in Section 3.1 as Government Furnished Property or Services. The contractor shall perform to the standards in this contract.

6.0 Technical/Operational Requirements

The Contractor shall provide all services, labor, facilities, equipment, tools, parts, materials, and shipping costs to provide DOT recertification services by hydrostatically testing empty high pressure Nitrogen storage cylinders. The Government has determined that the cylinders will be sent to be recertified under the Hydrostatic Testing CLIN when the cylinder is sent.

6.1 The Contractor shall be approved by and have a registration number issued by the DOT to perform retesting of compressed gas cylinders. As noted in Chapter 1, paragraph 1.2, of TO 42B5-1-2, “All cylinders purchased and/or requalified for use by DoD and other government activities must be manufactured, inspected, and tested In Accordance With (IAW) 49 Code of Federal Regulations (CFR) Parts 173 and 178. Each person who represents that he manufactures or performs testing as outlined in 49 CFR must be approved by and have a registration number issued by DOT.” The Requalification Identification Number (RIN) assigned to the contractor shall be provided in the response.

6.2 The Contractor shall pickup and deliver all empty high pressure Nitrogen cylinders at Building 37, Door 15 using TO 42B5-1-2, Chapter 2 and Chapter 10, procedures for handling, storing, and transporting compressed gas cylinders, in accordance with the delivery schedule in paragraph 4.0.

6.3 The Contractor shall de-valve, perform an internal inspection of the cylinder, hydrostatic test per Chapter 6 of TO 42B5-1-2, dry the cylinder, and re-valve the empty high pressure Nitrogen cylinder. As per 49 CFR 180.209, paragraph b, (iv), “The cylinder is dried immediately after hydrostatic testing to remove all traces of water.” The drying process shall use forced hot air for a minimum of 45 minutes. After drying, a visual inspection for water droplets shall be conducted. If water is detected, additional drying with forced hot air shall be required.

6.4 The Contractor shall stamp the date of the test on the shoulder of the cylinder with a steel stamp to indicate the month and year of the test with the RIN, as per 49 CFR 180.213, Requalification markings.

6.5 The Contractor shall provide DOT labels to be placed on each empty high pressure Nitrogen cylinder after painting at LEAD.

Table 1.

6.6 At the Government’s request, the contractor shall host a one day In-Process Review (IPR) in which inspection results, problems, issues, etc. will be reviewed. This review will be held once annually, or as needed. This IPR shall be at no additional cost to the Government.

6.7 Subcontracting: The Contractor shall provide details on any workload that is subcontracted on this contract and shall submit a subcontractor management plan defining the process used to ensure quality and reliability of that subcontracted workload. The Contractor shall be responsible for the Subcontractor to provide reports that detail all testing results the Subcontractor does and the results shall be recorded by cylinder.

6.8 Quality System: The Contractor shall comply with the quality standard titled Quality Systems – Model for Quality Assurance in Design, Development, Production, Installation, and Servicing, American National Standards Institute/American Society for Quality Control (ANSI/ASQC) Q9002 (International Organization for Standardization (ISO) 9002) or comparable system or a Department of Defense approved quality system SPI. The contractor shall provide a copy of their Quality Manual and their Quality System. The Contractor shall describe their Quality System.

6.9 Delivery Schedule. High pressure Nitrogen cylinders shall be hydrostatically tested in accordance with this specification and delivered to the customer within fourteen (14) calendar days after the contractor is notified by LEAD’s Contracting Officer Representative (COR) that the empty high pressure Nitrogen cylinders are available for pickup. If a preferred day of the week for pickup and delivery is requested by the contractor, it will be considered by the Government. The Contractor shall provide best delivery schedule. The Contractor shall pickup and deliver all cylinders to Letterkenny Army Depot, 1345 Superior Avenue, Building 47, door 18, Chambersburg, PA 17201 using best commercial packaging and shipping containers that are provided by the contractor. Notification may be by email or telephone. Two (2) empty high pressure Nitrogen cylinders will be in each order. Earlier delivery is acceptable and preferred at no additional cost to the Government. The Contractors offer will include all shipping costs TO and FROM LEAD. Estimated quantities are shown in the table 1.

6.10 Cylinder: The contractor will be provided with a cylinder that has been designated by the government as a possible candidate for Recertification. The cylinder, as viewed from the outside, appears to be operational and in good condition.

6.11 The Importance of Cleaning. Great care and effort are required in all cleaning operations. The presence of dirt and foreign material is a constant threat to satisfactory cylinder operation.

6.10 Contractor Manpower Reporting (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes:

(1) Contracting Office, KO, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR);

(2) Contract number, including task and delivery order number;

(3) Beginning and ending dates covered by reporting period;

(4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data;

(5) Estimated direct labor hours (including sub-Contractors);

(6) Estimated direct labor dollars paid this reporting period (including sub-Contractors);

(7) Total payments (including sub-Contractors);

(8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different);

(9) Estimated data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information);

(11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

(12) Presence of deployment or contingency contract language;

(13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country).

As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

7.0 Applicable Publications: Publications applicable to this PWS are listed below

AFPET/PTPT, 2430 C Street, Bldg 70, Area B, Wright-Patterson AFB, OH 45433-7632. PA Case Number AFMC 04-419.

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

In accordance with PWS Para. 6.3 98% Compliance with meeting the allotted time schedule

100% Compliance with all units accounted for Direct Observation: Each Cylinder is water level checked 100% in the next higher assembly by shop technicians.

In accordance with PWS Para. 6.4 100% Compliance with meeting the allotted time schedule

100% Compliance with all units accounted for Direct Observation: Each Cylinder is checked 100% by shop technicians.

In accordance with PWS Para. 6.4 100% Compliance with meeting the allotted time schedule

100% Compliance with all units accounted for Direct Observation: Each Cylinder is labeled 100% by shop technicians.

TECHNICAL EXHIBIT 2

Deliverables Schedule

TECHNICAL EXHIBIT 3

Estimated Workload Date (If required)

NOTES

1. Central Contractor Registration (CCR): In accordance with FAR 4.1102, Offerors must be registered in the Central Contractor Registration (CCR) database in order to be eligible for contract award. No award will be made to an Offeror not registered. Registration can be accomplished at http://www.ccr.gov. Registration in this database must be kept current. As of 29 July 2012, the FAR 4.1102 requirement is satisfied by registering in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/. For those vendors that were previously registered in CCR, active registrations have transferred to SAM.

2. Online Representations and Certifications Application Registration (ORCA): In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications in the Online Representations and Certifications Application (ORCA) database at https://www.acquisition.gov in conjunction with the required registration in the CCR database. Registration in this database must be kept current. As of 29 July 2012, the FAR 4.1201 requirement is satisfied by providing representations and certifications in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/. Active representations and certifications previously entered in ORCA have transferred to SAM.

3. Questions: Questions regarding this solicitation shall be submitted to the Contracting Officer, in writing, at least 10 calendar days prior to the closing date. Questions submitted after this time will be answered at the discretion of the Contracting Officer. The Contracting Officer for this action is Claudette R. Lyons. Please contact Contract Specialist Mary E. Britsch at mary.e.britsch.civ@mail.mil with questions.

4. Award without Discussions: The Government intends to award without discussions; therefore Offerors should submit their best prices in their initial offer. If FAR Provision 52.212-2, Evaluation-Commercial Items, is included, Offerors must submit all information requested therein in order for the Government to determine technical acceptability.

5. Amendments: The Offeror shall submit to the Contracting Officer signed copies of all amendments issued to this solicitation. Failure to comply may cause your proposal to be rejected.

6. Payment: Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Services (DFAS) utilizing Wide Area Work Flow (WAWF). See Clause L.19 for more information and training.

7. Period for Acceptance of Offers. The Offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers.

8. Type of Contract: The type of contract resulting from this solicitation is specified in FAR Provision 52.216-1, Type of Contract. For Indefinite Delivery/Indefinite Quantity (IDIQ) or Requirements contracts all quantities are estimated and individual task orders shall be issued citing specific quantities and delivery dates. Payment will be made on actual quantities serviced.

9. Set- Aside: The proposed contract is 100% set-aside for small business concerns.

10. FOB Destination: Unless otherwise stated in the solicitation, Offerors shall provide FOB Destination prices.

11. Contact Information : A Technical Point of Contact (TPOC) will be appointed at the time of award. The successful Offeror will be furnished the TPOC name and contact information at the time of contract award.

12. Wage Determination: A wage determination will be incorporated into the resulting award from this solicitation. Wage Determination can be viewed at http://www.wdol.gov.

HYDROSTATIC TESTING OF NITROGEN STORAGE CYLINDERS

PROVIDE ALL LABOR, MATERIAL, TOOLS, SERVICES, FACILITIES, PARTS AND EQUIPMENT TO PERFORM HYDROSTATIC TESTING OF HIGH PRESSURE NITROGEN STORAGE CYLINDERS FOR DEPARTMENT OF TRANSPORTATION (DOT) RECERTIFICATION IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. EACH SET CONTAINS TWO (2) STORAGE CYLINDERS.

PURCHASE REQUEST NUMBER: A5H41022280051

MANPOWER REPORTING REQUIREMENT

PLEASE REFERENCE CLAUSE L16

PROVIDE ALL LABOR, MATERIAL, TOOLS, SERVICES, FACILITIES, PARTS AND EQUIPMENT TO PERFORM HYDROSTATIC TESTING OF HIGH PRESSURE NITROGEN STORAGE CYLINDERS FOR DEPARTMENT OF TRANSPORTATION (DOT) RECERTIFICATION IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. EACH SET CONTAINS TWO (2) STORAGE CYLINDERS.

PROVIDE ALL LABOR, MATERIAL, TOOLS, SERVICES, FACILITIES, PARTS AND EQUIPMENT TO PERFORM HYDROSTATIC TESTING OF HIGH PRESSURE NITROGEN STORAGE CYLINDERS FOR DEPARTMENT OF TRANSPORTATION (DOT) RECERTIFICATION IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. EACH SET CONTAINS TWO (2) STORAGE CYLINDERS.

PROVIDE ALL LABOR, MATERIAL, TOOLS, SERVICES, FACILITIES, PARTS AND EQUIPMENT TO PERFORM HYDROSTATIC TESTING OF HIGH PRESSURE NITROGEN STORAGE CYLINDERS FOR DEPARTMENT OF TRANSPORTATION (DOT) RECERTIFICATION IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. EACH SET CONTAINS TWO (2) STORAGE CYLINDERS.

PROVIDE ALL LABOR, MATERIAL, TOOLS, SERVICES, FACILITIES, PARTS AND EQUIPMENT TO PERFORM HYDROSTATIC TESTING OF HIGH PRESSURE NITROGEN STORAGE CYLINDERS FOR DEPARTMENT OF TRANSPORTATION (DOT) RECERTIFICATION IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT. EACH SET CONTAINS TWO (2) STORAGE CYLINDERS.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-DEC-2013

ROGER OGDEN BLDG 37

LETTERKENNY ARMY DEPOT

CHAMBERSBURG PA 17201-4150

FOB: Destination

W91FVA

31-DEC-2013

W91FVA

31-DEC-2014

W91FVA

31-DEC-2014

W91FVA

31-DEC-2015

W91FVA

31-DEC-2015

W91FVA

31-DEC-2016

W91FVA

31-DEC-2016

W91FVA

31-DEC-2017

W91FVA

31-DEC-2017

W91FVA

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest Price Technically Acceptable (LPTA)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Offeror’s Go/NoGo Statement of Compliance

Complies w/ Specification

Signature:

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2012) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(End of provision)

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 December 2017.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents…