13-T-0001_Released.pdf

W41G26213501WG

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

DO-C9W911RP-13-T-0001 11-Oct-2012 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

SEE SCHEDULE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

ARMY CONTRACTING COMMAND - ROCK ISLAND

PINE BLUFF ARSENAL CONTRACTING OFFICE

10-020 KABRICH CIRCLE

ATTN: CCRC-ISP

PINE BLUFF AR 71602-9500

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

18-Oct-2012(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

870-540-3024RICHARD E. MAXWELL

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W911RP-13-T-0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each

ASSEMBLY, POWER CABLE

FFP

SEE SECTION C FOR DESCRIPTION AND SPECIFICATIONS.

END ITEM: CBPS

FOB: Destination

NSN: 6150014875001

NET AMT

0001AA 1 Lot

ASSEMBLY, POWER CABLE

FFP

PRE-PRODUCTION SAMPLE. SEE SECTION C FOR DESCRIPTION AND

SPECIFICATIONS, NOT SEPARATELY PRICED.

1 LOT = 1 EACH

END ITEM: CBPS

0001AB 42 Each

ASSEMBLY, POWER CABLE

FFP

SEE SECTION C FOR DESCRIPTION AND SPECIFICATIONS.

END ITEM: CBPS

FOB: Destination

PURCHASE REQUEST NUMBER: W41G26213501WG

0002 1 Lot

CONTRACT DATA REQUIREMENTS LIST

FFP

SEE SECTION C FOR DESCRIPTION AND SPECIFICATIONS.

1 LOT=COMPLETED DD FORM 1423

END ITEM: CBPS

1 LOT = 1 EACH

Section C - Descriptions and Specifications

DESCRIPTION & SPECIFICATIONS

0001 POWER CABLE ASSEMBLY IAW DWG 17‐1‐5886H DTD 11‐3‐18; DWG PL17‐1‐5886B DTD

10‐11‐26; DWG 17‐1‐5885B DTD 10‐11‐26; DWG 17‐1‐5887U DTD 10‐10‐15; NOR 290‐0090‐003

DTD 29‐9‐11; SPEC MS90557 DTD 11‐21‐2011.

0001AA PRE‐PRODUCTION SAMPLE IAW PB 52.000.4308 ALTERNATE 1. 1 LOT=1 EACH.

0001AB PROVIDE 42 POWER CABLE ASSEMBLIES IN ACCORDANCE WITH SPECIFICATIONS IN

0001 ABOVE.

0002 CONTRACT DATA REPORITNG PROVIDE DD FORM 1423 MATERIAL CERTIFICATION.

CLAUSES INCORPORATED BY FULL TEXT

AMCAC 52.204-4001 IDENTIFICATION OF OZONE-DEPLETING SUBTANCES

a. The following required class I Ozone Depleting Substances (ODS) have been identified and approved for use under performance of any resultant contract:

(X) None.

( ) (List any approved ODS Requirements): ___________________________________________

b. If during performance of the contract, an unapproved Class I ODS is discovered, the contractor is encouraged to notify the Contracting Officer immediately.

c. The ODS restrictions apply to subcontracts as well.

(End of clause)

AMCAC 52.204-4002 CLASS I OZONE DEPLETING SUBSTANCES

a. Per Section 326 of Public Law 102-484, effective 1 Jun 93, specifications and standards cannot require the use of Class 1 ozone depleting substances (ODS) without approval. There are some cases where a specification or standard allows the use of an ODS, but does not specifically require its use. A situation of this type does not require substitution under the law.

b. If this requirement allows, but does not require, the use of a Class I ODS, although it is not mandatory for the contractor to use a non-ODS substance, the contractor is encouraged to give preference to the use of the non-ODS choice.

Section D - Packaging and Marking

D1. MARKING OF SUPPLIES

TRANS OFC M. F. PROPERTY

RECEIVING SECTION, RSI BRANCH

BLDG 53-990

PINE BLUFF ARSENAL

PINE BLUFF, AR 71602-9500

CONTRACT NO. W911RP-13-P---------------

END USE: CBPS

PB 52.000-4303 III PACKAGING (PRESERVATION/PACKING/MARKING) (PADDS DS6021)

Marking shall be in accordance with the following:

Containers shall be clearly marked as follows:

1. Name of Contractor

2. Contract No./Order No.

3. Description of items contained therein.

4. Consignee's name and address

5. End Item: CBPS

PB 52.000-4304 I LOT NUMBERING

The contractor shall maintain a lot numbering system in accordance with MIL-STD-1168B dtd 10 June 1998. The manufacturer's identification symbol, unless previously assigned will be provided by United States Army Industrial Operations Command, AMSIO-QAA, Rock Island, IL 61299.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-4531

ACCEPTANCE INSPECTION EQUIPMENT (AIE) (MAY 1994)

(a) Acquisition, maintenance, and disposition of inspection equipment shall be in accordance with ANSI/NCSL Z540-1 or ISO 10012-1.

(b) The Contractor shall provide all Acceptance Inspection Equipment (AIE) (except for any equipment listed as available in Section H and/or in Appendix I of this contract) necessary to assure conformance of components and end items to contract requirements. Equipment listed as available shall be furnished by the Government in accordance with the Government Property clause of this contract. Government furnished Acceptance Inspection Equipment shall not be used by the contractor or his subcontractors in lieu of work gages.

(c) All AIE shall be available for use prior to First Article submission, if First Article is required, or prior to initiation of production under this contract.

(d) Contractor furnished AIE shall be made (i) in accordance with the equipment drawings specified in Section C (Description/specifications section), or (ii) in accordance with any other design, provided that the design documentation is approved by the Government. AIE designs utilized for inspection of characteristics that are classified as Minor require approval by the Government Quality Assurance Representative (QAR). AIE design documentation for inspection of characteristics listed as Critical, Special, or Major shall be submitted to the Government for review and approval in accordance with the Contract Data Requirements List, DD Form 1423.

(e) Resubmission of AIE design documentation for approval on a follow-on contract is not required provided inspection characteristic parameters) specified in the current technical data package and the previously approved AIE design documentation remain unchanged. The contractor shall provide the contract number and identify previously approved AIE documentation that meets the above prerequisites.

(f) The Government reserves the right to disapprove at any time during performance of this contract, use of any AIE not meeting the requirements of the approved design documentation.

PB 52.000-4306 I INSPECTION AND ACCEPTANCE (PBA) (AUG 90) (4306I) :

Inspection and acceptance will be at destination, unless otherwise provided herein. Until delivery and acceptance, and after any rejections, risk of loss will be on the contractor, unless loss results from negligence of the United States Government.

PB 52.000-4308I INSTRUCTIONS REGARDING SUBMISSION OF PREPRODUCTION SAMPLE (DEC 92) (4308 I)

a. Preproduction Sample. The Preproduction Sample consisting of the items listed below, shall be (i) representative of items to be manufactured using the process and procedures as contract production and (ii) inspected and tested to all contract drawing & specifications requirements.

PREPRODUCTION SAMPLE ITEMS:

QUANTITY: ITEM NOMENCLATURE: DRAWING/SPECIFICATI

1 LOT* POWER CABLE ASSEMBLY DWG 17-1-5886H DTD 11-3-18;

DWG PL17-1-5886B DTD 10-11-26;

DWG 17-1-5885B DTD 10-11-26;

DWG 17-1-5887U DTD 10-10-15;

NOR 290-0090-003 DTD 29-9-11;

SPEC MS90557 DTD 11-21-2011.

*1 LOT = 1 EACH

b. The approved Preproduction Sample will not serve as a manufacturing standard.

c. The Contractor shall notify the Army Contracting Command – Rock Island, Pine Bluff Arsenal Contracting

Office, Pine Bluff Arsenal, Pine Bluff, AR 71602-9500, Telephone No. 8702-540-3024, within 5 calendar days prior to production of the Preproduction Sample so that the Government may witness the production if desired.

d. The Contractor shall submit the Preproduction Samples within 15 calendar days from the date of this contract to the address given in the delivery/shipping instructions of this order/contract marked “PREPRODUCTION SAMPLES: Contract No. ____ Lot/Item No. ____ . “

Within 5 calendar days after the Government receives the Preproduction Samples, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval or disapproval of the Preproduction Sample. The notice of conditional approval or disapproval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

e. If the Preproduction Sample is disapproved, the Contractor, upon Government request, shall make any necessary changes, modifications, or repairs to the Preproduction Sample or submit another Preproduction Sample for Government inspection. All costs related to these submissions are to be borne by the Contractor, including any and all costs for additional samples following a disapproval. The Government shall take action on the resubmitted Preproduction Sample within the time specified in paragraph (c) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these resubmissions.

f. If the Contractor fails to deliver any Preproduction Sample on time, or the Contracting Officer disapproves any

Preproduction Sample, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

g. Unless otherwise provided in the contract, and if the approved Preproduction Sample is not consumed or destroyed by testing, the contractor may deliver the approved Preproduction Sample as part of the contract quantity if it meets all contract requirements for acceptance.

h. If the Government does not act within the time specified in paragraph (c) or (d) above, the Contracting Officer shall, upon timely written request form the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

i. Before the Preproduction Sample approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor.

Before Preproduction Sample approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

j. The Government may waive the requirement for Preproduction Samples where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

k. The Contractor shall produce both the Preproduction Sample and the production quantity at the same facility and shall submit a certification to this effect with each Preproduction Sample.

PB 52.246-4001 REWORK AND REPAIR OF NONCONFORMING MATERIAL (JUN 04) (PBA)

(4001)

a. Rework and Repair are define as follows:

(1) Rework – The processing of nonconforming material t make it conform completely to the drawings, specifications or contract requirements.

(2) Repair – The reprocessing of nonconforming material in accordance with approved written procedures and operations to reduce, but not completely eliminate, the nonconformance. The purpose of repair is to bring nonconforming material into a usable condition. Repair is distinguished form rework in that the item after repair still does not completely conform to all of the applicable drawings, specifications or contract requirements.

b. Rework procedures along with the associated inspection procedures shall be documented by the Contractor and submitted to the Government Quality Assurance Representative (QAR) for review prior to implementation. Rework procedures are subject to the QAR’s approval.

c. Repair procedures shall be documented by the Contractor and submitted on a Request for

Deviation/Waiver, DD Form 1694, to the Contracting Officer for review and written approval prior to implementation.

d. Whenever the Contractor submits a repair or rework procedure(s) for Government review, the submission shall also include a description of the cause for the nonconformance and a description of the action taken or to be taken to prevent recurrences.

e. The rework or repair procedure shall also contain a provision for re-inspection which will take precedence over the Technical Data Package requirements and shall, in addition, provide the Government assurance that the rework or repaired items have met reprocessing requirements.

END OF CLAUSE.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0001AA N/A N/A N/A N/A

0001AB N/A N/A N/A N/A

0002 N/A N/A N/A N/A

52.211-17 Delivery of Excess Quantities SEP 1989 52.247-34 F.O.B. Destination NOV 1991

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the 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) below.

(b) The permissible variation shall be limited to:

10 Percent increase 0 Percent decrease This increase or decrease shall apply to each line item.

AMCAC 52.211-1 M TIME OF DELIVERY (AUG 1999)

a. Delivery is DESIRED to be made in accordance with the following schedule:

ITEM NO. QUANTITY TIME

(WITHIN THE NUMBER OF DAYS STATED

BELOW AFTER DATE OF CONTRACT)

0001AA 1 Lot* 15 days after the date of the contract.

0001AB 42 Each 45 days after the date of the contract.

0002 1 Lot* 45 days after the date of the contract.

1 Lot = 1 each

When an offeror offers an earlier delivery schedule than that called for above, the Government reserves the right to award either in accordance with the DESIRED schedule or in accordance with the schedule offered. If no other delivery schedule is offered, the delivery schedule stated above shall apply. In the event the desired delivery schedule cannot be satisfied, the offeror shall specify below the best possible delivery schedule, which he is able to meet.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY TIME

(WITHIN THE NUMBER OF DAYS STATED

BELOW AFTER DATE OF CONTRACT)

b. Any award hereunder, or a preliminary notice thereof, will be mailed or otherwise furnished to the offeror the day the award is dated. Therefore, in computing the time available for performance, the offeror should take into consideration the time required for the Notice of Award to arrive through the ordinary mails. However, a proposal offering delivery based on Contractor’s date of receipt of the contract or Notice of Award (rather than the contract date) will be evaluated by adding five calendar days for delivery of the award through the ordinary mails, or one working day if the solicitation states that the contract or notice of award will be transmitted electronically.

PB 52.000-4315 II SHIPPING INSTRUCTION (PBA) (AUG 90) (4315II)

DELIVERY IS F.O.B. DESTINATION. Shipment is to be prepaid to the destination shown in Block 14 on page 1 of DD Form 1155 or Block 15 of Standard Form 1449. The cost of shipping and risk of loss are borne by the seller.

Original bill of lading must be forwarded same day material is shipped to address shown in Block 14 on page 1 of DD Form 1155 or Block 15 of Standard Form 1449.

Forward acknowledgement of order and notice of shipment to the address shown in Block 6 of DD Form 1155 or Block 9 of Standard Form 1449.

Receiving hours are from 6:30 a.m. to 2:30 p.m., Monday through Thursday, except federal holidays.

NOTE: Shipment to any address other than that designated in Block 14, Standard Form 1155 or in Block 15, Standard Form 1449 may result in a delay in payment of your invoice without the commencement of interest accrual under the Prompt Payment Act (Public Law 97-117).

PB 52.000-4315A SHIPPING INSTRUCTIONS (PBA) (AUG 90) (4315A):

a. Shipments shall be made at contractor’s expense (prepaid) via contractor’s choice of carrier to the following destination:

Transportation Officer M/F Property Office Receiving Section, RSI Branch Bldg. 53-990/Pine Bluff Arsenal Pine Bluff, AR 71602-9500

b. Receiving hours are from 6:30 a.m. to 2:30 p.m., Monday through Thursday, except federal holidays.

Section G - Contract Administration Data

52.000-4955 WIDE AREA WORKFLOW INFORMATION INSTRUCTIONS

PINE BLUFF ARSENAL CONTRACTING OFFICE ADMINISTERED (MAR 2008)

(USE FOR SUPPLIES ONLY)

To implement DFARS 252.232-7003, “ELECTRONIC SUBMISSION OF PAYMENT REQUESTS”, Pine Bluff Arsenal Contracting Office use Wide Area Work Flow – Receipt and Acceptance (WAWF-RA) to electronically process vendor requests for payment. This application allows DoD vendors to submit and track invoices and receipt/acceptance documents electronically.

The contractor is required to use WAWF-RA when processing invoices and receiving reports under this order.

Submission of hard copy DD250/invoices will no longer be accepted for payment.

The contractor shall register to use WAWF-RA at https://wawf.eb.mil. There is no charge to use WAWF. All questions relating to system setup and vendor training can be directed to the help desk at Ogden, UT. Their number is 1-866-618-5988. Web-based training for WAWF is also available at http://www.wawftraining.com/

IMPORTANT INFORMATION:

Please submit your invoice/receiving report in WAWF when you ship your items. We have nothing to receive your shipment against if the information has not been submitted in WAWF when your delivery arrives.

Include the Purchase Request Number in the Line Item Description. You will find it under the Line Item Description on this order.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES THROUGH WAWF.

[ XX] Invoice and Receiving Report (Combo)

Vendor Cage Code: ________

Pay DoDAAC: HQ0303

Issue Office DoDAAC: W911RP

Admin DoDAAC: W911RP

Ship To DoDAAC: W41G26

WAWF will prompt asking for “additional e-mail submission” after clicking “SIGNATURE”. Enter the following e-mail addresses to expedite the routing process of the invoice.

(KO,COR, POC, anyone who should be tracking progress of the invoice)

Contract Specialist: richard.e.maxwell6.civ@mail.mil

KO's : brenda.l.henry14.civ@mail.mil Direct Material (CBO): karen.a.etter.civ@mail.mil

Direct material (AO & CBO): kevin.g.atnip.civ@mail.mil and alice.f.nelson6.civ@mail.mil

The paying office DoDAAC and mailing address will be located on the front of your award. You can track your payment information on the DFAS website at http://www.dod.mil/dfas/contractorpay/myinvoice.html. Your purchase order/contract number or invoice will be required to inquire about status of your payment.

Questions concerning payment should be directed to the payment office identified in the contract. Please have your Contract number and invoice ready when calling about payment status.

AMCAC 52.233-4052 AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be to sent to the contracting officer for resolution.

HQ, Army Materiel Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527

Facsimile number (703) 806-8866/8875

Packages sent by FedEx or UPS should be addressed to:

HQ, Army Materiel Command Office of Command Counsel Room 2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527

AMC-Level Protest Procedures are located on the Internet. If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

AMCAC 52.242-4001 INSTRUCTIONS TO PAYING OFFICE AND ADMINISTRATIVE CONTRACTING

OFFICE

(AUG 1999) (Revised Feb 2008)

a. The Contracting Office representative is:

Name: Richard E. Maxwell

Organization Code: CCRC-ISP

Telephone Area Code and Number: 870 -540-3024

DSN: 966-3024

FAX: 870-540-4090

Email: richard.e.maxwell6.civ@mail.mil

b. Payment to the contractor shall be made IAW FAR Subpart 32.11, Electronic Funds Transfer.

c. Paying Office information:

Telephone Inquiries: 800-756-4571 (Select Option 2, then Select Option 5)

FAX: 877-426-4270

Section I - Contract Clauses

52.211-5 Material Requirements AUG 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-26 Equal Opportunity MAR 2007 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.232-23 Assignment Of Claims JAN 1986 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.243-1 Changes--Fixed Price AUG 1987 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.225-7001 Buy American And Balance Of Payments Program JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (AUG 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

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

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

(v) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (OCT 2008).

(v) 52.233-1, Disputes (JUN 2008).

(vi) 52.244-6, Subcontracts for Commercial Items (JAN 2011).

(vii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Walsh-Healey Public Contracts Act (OCT 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(v) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.).

(viii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(ix) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(x) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.)

(xi) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (May 1999). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.)

(xii) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (Oct 2003).

(Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

(xiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).

(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). 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):

http://www.arnet.gov.far http://farsite.hill.af.mil http://dtic.mil/dfas

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of 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.

(e) 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.

(f) 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 that 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 that reasonably could have been avoided.

(g) 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.

(h) 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.

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 that it ( ) is, ( ) is not a small business concern under NAICS Code 334419 assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

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

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 2 years--

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUNE 2012)

(a) Definitions. As used in this clause–

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

Section K - Representations, Certifications and Other Statements of Offerors

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (DEVIATION)(AUG 2012)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the SAM database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor’s CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

“System for Award Management (SAM)” means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes—

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in CCR may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the…