W9127Q10T0036 REFURBISH RADIATORS.doc

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REFURBISH RADIATORS
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W9127Q-10-T-0036
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Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
480
Each

REFURBISH RADIATOR FOR 900 SERIES TRUCK

FFP

BASE YEAR, REFURBISH RADIATOR, FURNISH ALL LABOR AND MATERIALS REQUIRED TO INSPECT & REPAIR RADIATORS FOR 900 SERIES TRUCKS, NSN 2930-01-133-2143.

**SEE ATTACHED PERFORMANCE BASED SCOPE OF WORK.**

PERIOD OF PERFORMANCE 1 AUG 2010 THROUGH 31 JULY 2011

FOB: Destination

NSN: 2930-01-133-2143

PURCHASE REQUEST NUMBER: W90GPJ01879805

SIGNAL CODE: A

ESTIMATED

NET AMT

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
480
Each
OPTION
OPTION YEAR ONE FOR LINE ITEM 0001

FFP

PERIOD OF PERFORMANCE 1 AUG 2011 THROUGH 31 JULY 2012

REFURBISH RADIATOR: FURNISH ALL LABOR AND MATERIALS REQUIRED TO INSPECT & REPAIR RADIATORS FOR 900 SERIES TRUCKS, NSN 2930-01-133-2143.

**SEE ATTACHED PERFORMANCE BASED SCOPE OF WORK.**

FOB: Destination

NSN: 2930-01-133-2143

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
480
Each
OPTION
OPTION YEAR TWO FOR LINE ITEM 0001

FFP

PERIOD OF PERFORMANCE 1 AUG 2012 THROUGH 31 JULY 2013

REFURBISH RADIATOR: FURNISH ALL LABOR AND MATERIALS REQUIRED TO INSPECT & REPAIR RADIATORS FOR 900 SERIES TRUCKS, NSN 2930-01-133-2143.

**SEE ATTACHED PERFORMANCE BASED SCOPE OF WORK.**

FOB: Destination

NSN: 2930-01-133-2143

ESTIMATED

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0.00

480.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0.00

480.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN
MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001
0.00
$0.00
0.00
$0.00
0002
0.00
$0.00
0.00
$0.00
0003
0.00
$0.00
0.00
$0.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN
MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
N/A
Government
0002
N/A
N/A
N/A
Government
0003
N/A
N/A
N/A
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
POP 01-AUG-2010 TO

31-JUL-2011

N/A
NGMS-DOL-RSMS

WILLIE HINTON

6506 WAREHOUSE AVE

CAMP SHELBY MS 39407 5500

601-558-2784

FOB: Destination

W90GPJ

0002
POP 01-AUG-2011 TO

31-JUL-2012

N/A
(SAME AS PREVIOUS LOCATION)

W90GPJ

0003
POP 01-AUG-2012 TO

31-JUL-2013

N/A
(SAME AS PREVIOUS LOCATION)

W90GPJ

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I
Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I
OCT 1995
52.204-7
Central Contractor Registration
APR 2008
52.212-1
Instructions to Offerors--Commercial Items
JUN 2008
52.212-3 Alt I
Offeror Representations and Certifications--Commercial Items (Aug 2009) Alternate I
APR 2002
52.212-4
Contract Terms and Conditions--Commercial Items
JUN 2010
52.213-3
Notice to Suppliers
APR 1984
52.219-14
Limitations On Subcontracting
DEC 1996
52.225-1
Buy American Act--Supplies
FEB 2009
52.232-1
Payments
APR 1984
52.232-33
Payment by Electronic Funds Transfer--Central Contractor Registration
OCT 2003
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.247-34
F.O.B. Destination
NOV 1991
52.247-34
F.O.B. Destination
NOV 1991
52.249-2
Termination For Convenience Of The Government (Fixed-Price)
MAY 2004
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
JAN 2009
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
JAN 2009
252.204-7004 Alt A
Central Contractor Registration (52.204-7) Alternate A
SEP 2007
252.225-7000
Buy American Act--Balance Of Payments Program Certificate
DEC 2009
252.225-7001
Buy American Act And Balance Of Payments Program
JAN 2009
252.225-7002
Qualifying Country Sources As Subcontractors
APR 2003
252.232-7010
Levies on Contract Payments
DEC 2006

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:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

(iv) small disadvantaged business participation

Technical and past performance, when combined, are in accordance with FAR 15.304.

(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.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 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)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_x__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 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)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (7) [Reserved].

_x__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9 ___ (iii) Alternate II (OCT 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

_x__ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_x__ (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126).

_x__ (21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_x__ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_x__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_x__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

_x__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (26) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (27) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) ___ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423) .

___ (ii) Alternate I (DEC 2007) of 52.223-16. .

_x__ (30) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

_x__ (31)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

__x_ (32) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x__ (33) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)) ___ (37) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_x__ (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332) ___ (40) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

___ (41) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (42)(i) 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).

___ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_x___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__x__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___x_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___x_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.)

____ (5) 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.).

____ (6) 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.).

____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_x___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)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 (May 2004) (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 $550,000 ($1,000,000 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 (June 1998) (29 U.S.C. 793).

(vii) Reserved.

(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 (JAN 2009).

(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)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 2, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 10;

(2) Any order for a combination of items in excess of 480; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

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

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

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 July 2013.

(End of clause)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond July 31,2011 . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond July 31, 2011, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

Exhibit/Attachment Table of Contents

DOCUMENT TYPE
DESCRIPTION
PAGES
DATE
Attachment 1
SOW RADIATOR (AQL)
2
Attachment 2
ComboSyn-Refurbish Radiator
2

SOW REFURBISH RADIATORS

MISSISSIPPI MILITARY DEPARTMENT

DIRECTORATE OF LOGISTICS

MISSISSIPPI READINESS SUSTAINMENT MAINTENANCE SITE

6502 WAREHOUSE AVENUE

CAMP SHELBY, MS 39407-5500

NGMS-DOL-RS

6 July 2010

MEMORANDUM FOR USP&FO-MS, ATTN: JFH-MS-J4-R, 144 MILITARY DRIVE, JACKSON, MS 39232-8861

SUBJECT: Performance Based Scope of Work for Inspect and repair radiator for 900 Series Truck, NSN; 2930-01-133-2143

1. Technical Specifications

The following technical specifications are provided to demonstrate the task environment in which the services will be delivered. The following specifications are not directives on how the services are to be provided but an example of what traditionally has been required to successfully support the refurbishing of the Radiator for the 900 Series Truck. The contractor is encouraged to surpass the minimal technical specifications as well as demonstrate technical expertise to support the refurbishing of the Radiator for the 900 series Truck.

2. Description of Services

a. Inspect radiators for serviceability.

b. Radiator Cores will be rod out

c. Radiator Cores will be boiled out

d. Inlet tanks and radiator cores will not be replaced with new ones however, all extra parts can be utilized to repair leaks on other RSMS radiators.

e. Replace inlet tank gaskets. Reinstall inlet tanks and replace inlet tank bolts as necessary.

f. Pressure test all radiators and repair leaks as needed.

g. Refurbish overall radiator to be serviceable. Paint radiators with a flat black paint.

h. All excess parts will be turned back into the RSMS.

i. A warranty for 60 days after the radiator is installed in the vehicle will be required. All radiators that are returned for warranty work will be repaired at no additional cost to the RSMS.

j. Radiators will be wrapped in bubble wrap or foam and placed in a cardboard box for shipping.

k. Any damaged radiators upon receipt will be sent back to contractor at no cost to RSMS to be repaired.

l. Minimum of 0 Radiator Weekly, Maximum of 40 Radiators Monthly

m. Turnaround time is 10 days unless otherwise specified by RSMS, Camp Shelby, Mississippi.

n. Two (2) year option requested.

3. Quality Assurance Surveillance Plan:

a. The Customer Point of Contact (POC) will monitor contractor performance and complete the Quality Assurance Surveillance Plan Worksheet provided below on a monthly basis. The following information will be provided to the Contracting Officer and the Contracting Officer Representative (COR) to ensure service and/or deliverables support the PWS objectives. If the performance rating for any task in this order is “Red” during any time in the performance period, the customer will provide the Contracting Officer and the COR documentation and appropriate action will be taken to remedy the deficiency. The quality rating may change from “Green” to “Red” without notice. We anticipate the POC utilizing the “Yellow” quality rating to alert the contracting office and the COR of quality issues that have the potential for a “Red” quality rating if corrective action is not taken.

b. The Quality Assurance Surveillance Plan Worksheet will be submitted to the COR with a copy to the Contracing Office following the first month of performance. Future months will be submitted to the COR only, unless COR involvement is warranted. The COR will assume a quality performance rating of “Green” on all measured deliverables unless otherwise notified. By approving service and/or deliverables that this form documents, the POC confirms the quality performance rating of “Green” unless otherwise annotated.

c. At the end of the task order period of performance or annually, the Mr. Hinton will be asked to complete a Quality Performance Review to document the quality performance rating during the performance period. This will be submitted to the Contracting Officer and the COR

d. The COR for this task order is Mr. Willie Hinton, willie.hinton@ng.army.mil, Comm. Ph# (601) 558-2966.

PERFORMANCE OBJECTIVE
PERFORMANCE STANDARD
METHODOF PERFORMANCE ASSESSMENT

*Inspect radiators for serviceability

*Maintenance on Radiators

*Radiators will be wrapped in bubble wrap or foam for shipping

*All excess parts will be turned back into the RSMS

*Pressure test all radiators and repair leaks

*Refurbish overall radiator to be seriviceable.

*Delivery and set up within 24 hour notice 95% of the time

* Radiators will be rod & boiled out specified in statement of work 95% of the time

*Shipment of Radiators required 100% of the time

Turn in all excess parts to RSMS 100 %of the time

Pressure test radiators as specified in statement of work 95% of the time.

Refurbish Radiators as specified in statement of work 95% of the time.

*Scheduled Inspections

*Scheduled Inspections

*Scheduled Inspections

*Scheduled Inspections

*Scheduled Inspections

*Scheduled Inspections

Rating
Description
Green
Yes performance and technical specifications are being met at AQL.
Yellow
Yes, performance and technical specifications are currently being met at the minimum AQL, but the following service / deliverable needs contractor attention.

The Customer must identify what component of the deliverable and/or service requires attention.

Red
No, performance and technical specifications are not being met at AQL and the following service / deliverable needs immediate contractor resolution.

The Customer must identify what component of the deliverable and/or service is below the minimum AQL.

QUALITY ASSURANCE SURVEILLANCE PLAN WORKSHEET

Performance Rating

Deliverable/Service
(
Quality Rating
Causative Factors
Effect on Mission
Action Required / Date

Pick-up and Delivery of Radiators after Vendor has received Delivery Order.

Green
Comments Unnecessary for “Green” QA Rating.

Yellow

Red

Performance of Radiators after installed on the 900 Series Truck

Green
Comments Unnecessary for “Green” QA Rating.

Yellow

Red

Timely Replacement of Radiators found to be defective after received from Vendor. Vendor will Pick-up Defective Radiators with-in 72 hours after notification

Green
Comments Unnecessary for “Green” QA Rating.

Yellow

Red

Green
Comments Unnecessary for “Green” QA Rating.

Yellow

Red

Approved by: ANNIE M. LEE, ACTING SITE MANAGER Date: 6 JULY 2010

(Task Order Point of Contact)

SYNOPSIS

This a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This solicitation number W9127Q-10-T-0036 is issued as a Request for Quotes. The solicitation and incorporated provisions and clauses are in effect through Federal Acquisition Circular 2005-44. This solicitation is 100% small business set aside and is restricted to small businesses only in accordance with FAR 19.502-2(b). NAICS is 81111, Small Business Standard is $7.0M. The resultant contract will be a performance based requirements contract, Base Year with option to extend the contract two additional years for each line item. Individual task orders shall be placed against the contract when the Government has a requirement for the services.

ITEM 0001 BASE YEAR: 1 AUG 2010 through 31 JULY 2011 Estimated Quantity of 480 each.

ITEM 0002 OPTION YEAR 1: 1 AUG 2011 through 31 JULY 2012. Estimated Quantity of 480 each.

ITEM 0003 OPTION YEAR 2: 1 AUG 2012 through 31 JULY 2013. Estimated Quantity of 480 each.

The turn around time is 10 days unless otherwise specified by RSMS (Readiness Sustainment Maintenance Site), Camp Shelby, Mississippi. RSMS will furnish the Radiators for Refurbishing in the following condition:

e. Inspect radiators for serviceability.

f. Radiator Cores will be rod out

g. Radiator Cores will be boiled out

h. Inlet tanks and radiator cores will not be replaced with new ones however, all extra parts can be utilized to repair leaks on other RSMS radiators.

i. Replace inlet tank gaskets. Reinstall inlet tanks and replace inlet tank bolts as necessary.

j. Pressure test all radiators and repair leaks as needed.

k. Refurbish overall radiator to be serviceable. Paint radiators with a flat black paint.

l. All excess parts will be turned back into the RSMS.

m. A warranty for 60 days after the radiator is installed in the vehicle will be required. All radiators that are returned for warranty work will be repaired at no additional cost to the RSMS.

n. Radiators will be wrapped in bubble wrap or foam and placed in a cardboard box for shipping.

o. Any damaged radiators upon receipt will be sent back to contractor at no cost to RSMS to be repaired.

The vendor will follow the Quality Assurance Surveillance Plan (see attached). This solicitation will result in a contract being established for a Requirements Contract for the service/supplies and effective for the period stated. The quantities of supplies specified are estimates only. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders of the quantities described as “estimated” or “maximum”, that fact shall not constitute the basis for an equitable price adjustment. Minimum of 0 Radiator Weekly, Maximum of 40 Radiators Monthly. Any order issued during the effective period of this resultant 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 July 31, 2011; 52.27-9, 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 30 days; provided that the Government gives the Contractor preliminary written notice to its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) if the Government exercises the option, the extended contract shall be considered to include this option clause. (c) The total duration for this contract, including the exercise of any options under this clause, shall not exceed beyond July 31, 2013.

The requirement is for Refurbish Radiators for 900 Series Truck NSN 2930-01-133-2143.

The following Federal Acquisition Regulations (FAR) and (DFAR) provisions and clauses apply:

FAR 52-212-1, Instructions to Offerors (Oct 2001);

FAR 52-212-4, Contract Terms and Conditions-Commercial Items;

FAR 52.212-5, Contract Terms and Conditions – Required to Implement Statutes or Executive Orders, (May 2001);

52.219-6, Notice of Total Small Business Set-Aside;

52.222-3, Convict Labor;

52.222-19, Child Labor;

52.222-21, Prohibition of Segregated Facilities;

52.222-26, Equal Opportunity;

52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era;

52.222-36, Affirmative Action for Workers with Disabilities of the Vietnam Era;

52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era

52.222-43, Payment by Electronic Funds Transfer – Central Contractor Registration;

52.219-14, Limitation on Subcontracting.

Additional applicable FAR Clauses:

FAR 52.247-34 FOB Destination.

Offers must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (May 2001) with its offer.

APPLICABLE DFARS CLAUSES:

252.204-7004, Required Central Contractor Registration (Mar 2000);

252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to the Defense Acquisition of Commercial Items (Dec 2000), to include;

252.225-7001 Buy American Act and Balance of Payments Program. Full text of these provisions may be accessed on-line at http://www.arnet.gov or http://farsite.hill.af.mil.

DFAR 252.232-7003, Electronic Submission of Payment Requests; and Alternate III of DFAR 252.247-7023

All items must comply with DFARS 225.7000. Items must be manufactured in the USA or a qualifying country. Any items that are not made in a qualifying country, such as China, or any other restricted country will not be considered.

Delivery must be made within 30 days or less after receipt of order (ARO). The offeror must provide within its offer the number of days - not to exceed 30 - required to make delivery after it receives a purchase order from the buyer. No partial shipments are permitted unless specifically authorized at the time of award.

This announcement is the solicitation. Quotes are due no later than 4:30 P.M., 26 July 2010, to USPFO-MS, Attn: SFC Angela Duren USPFO P & C, 144 Military Drive, Jackson, MS 39232-8860. Quotes can be emailed to angela.duren@us.army.mil or faxed to (601) 313-1569.

CCR is a mandatory requirement for all DoD Government contracts. You must be registered in order to be eligible for award of a contract. To register on line go to http://www.ccr.gov/.

POINTS OF CONTACT: Technical questions regarding this requirement may be addressed to Willie Hinton (601-558-2784) or willie.hinton@us.army.mil.

Place of Performance: NGMS-DOL-RSMS Bldg 6506 Camp Shelby, MS 39407.

OTHER EVALUATION REQUIREMENTS

Other Evaluation Requirements: Past performance information should include a list of prior contracts for this item awarded within the past 3 years if applicable. The information shall include a valid point of contact, mailing address, telephone number, contract number and dollar amount.

Schedule: Offerors shall submit a delivery schedule and a price proposal for each repair, wherein shipping costs shall be included in the repair price. Offerors must submit a complete technical data package addressing the repair process, inspections, and reports as referenced. The proposal shall include pricing for the base year, option year one through the completion of option year two. In order to receive an award, registration is required in the Central Contractor Registration database at www.ccr.gov. The NAICS is 811111. Proposals shall be evaluated as Lowest Price Technically Acceptable to the government. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standard. For evaluation purposes, the lowest bid will be determined by totaling the price for the base and option years and dividing by 3 (years).

File details come from the government source that posted it. Updated .