SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS O FFER O R TO C O M PLETE B LO C K S 12, 17,23,24, & 30 1. REQUIS ITION NUMBER 6 79/0 0 0 1Z/0 8 P A GE pF 59 2. CONTRA CT NO. H H M40 2-O8-C-0 O72 3. A W A RD/EFFECTIVE DA TE S EP 22, 20 0 8 4. ORDER NUMBER 5, S OLICITA TION NUMBER H H M40 2-0 8-R-0 211 6 . S OLICITA TION IS S UE DA TE S EP 0 1, 20 0 8 7. FOR S OLICITA TION INFORMA TION CA LL: a. NA ME b. TELEP H ONE NUMBER (No c ollec t 8. OFFER DUE DA TE/ LOCA L TIME S EP 10 ,20 0 8 2:0 0 P M ET (b)(3) 10 USC 4 24. (b)(6) 9. IS S UED BY Virginia Contracting A c tivity A TTN; A E-2 Bolling A FB, Bldg. 6 0 0 0 W ashington DC 20 340 -510 0 c ode |H H Q40 2 10 . TH IS A CQUIS ITION IS [x] UNRES TRICTED OR QS ET J S MA LL BUS INES S i -i W OMEN-OW NED S MA LL BUS II (wosb) eligible under th pi H UBZONE S MA LL S MA LL BUS INES S P ROGRA M —1 BUS INES S p EDW QS B “I S ERVICE-DIS A BLED 11 VETERA N-OW NED S MA LL BUS INES S | 8(A ) A S IDE: _ % FOR: INES S E W OMEN-OW NED NA ICS : 541990 S IZE S TA NDA RD: 11. DELIVERY FOR FOB DES TINA ­ TION UNLES S BLOCK 15 MA RKED [x] S EE S CH EDULE 12. DIS COUNT TERMS || 13a. TH IS CONTRA CT IS A ।। RA TED ORDER UNDER DP A S (15 CFR 70 0 ) 13b. RA TING 14. METH ODOF S OLICITA TION ] RFQ Q IFB Q RFP 1S . DELIVER TO CODE S ee S c hedule 0 0 0 0 0 16 . A DMINIS TERED BY CODE |ZD50 Virginia Contracting A ctivity A TTN: DIA C, A E-2 Building 6 0 0 0 W ashington DC 20 340 -510 0 17a. CONTRA CTOR/ CODE ■ nnmn,n4 OFFEROR. I FA CILITY I J CODE 1 BIGELOW A EROS P A CE A DVA NCED S P A CE S TUDIES . LLC 4640 S EA S TERN A VE LA S VEGA S NV 891196135 1 Ba, P A Y MENT W ILL BE MA DE BY CODE | NS A 0 1A NS A Finance and A c c ounting Office P .O. Box 1686; A TTN: DF2111 Ft. George G Meade MD 20 755-6 856 CA GE: 54JU7 TIN: | TELEP H ONE MO. W (3)26 US ,C.§§ 6 10 3.-6 10 5 ..(Internal Revenue C DUNS: 8270 3 7 766 17b. CH ECK IF REMITTA NCE IS DIFFERENT A ND P UT S UCH A DDRES S IN OFFER 18b. S UBMIT INVOICES TO A DDRES S S H OW N IN BLOCK 18a UNLES S BLOCK BELOW IS CH ECKED [g S EEA DDENDUM 15. A CCOUNTING A NO A P P ROP RIA TION DA TA 19. ITEM NO. 20 . S CH EDULE OF S UP P LIES /S ERVICES 21. QUA NTITY 22. UNIT 23. UNIT P RICE 24. A MOUNT P lease see c ontinuation page for line item details. (Use Reverse and/or A ttach A dditional S heets as Necessary) 36 , TOTA L A W A RD A MOUNT ■or £21.948,810 .0 0 ] 271. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1,52.212-4 . TABJ12IH AND 53.212-5 ARE ATTACHED. ADDENDA [W] 27b. COMTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4 . FAR S2.212-5 IS ATTACHED. ADDENDA n ARE NOT ATTACHED ARE NOT ATTACHED P 29. A W A RD OF CONTRA CT: REF, I I W rrEn DA TED . Y OUR OFFER ON S OLICITA TION 1 28 CONTRA CTOR IS REQUIRED TO S IGN TH IS DOCUMENT A ND RETURN 1—1 COP IES TO IS S UING OFFICE. CONTRA CTOR A GREES TO FURNIS H A ND DELIVER A LL ITEMS S ET FORTH OR OTH ERW IS E IDENTIFIED A BOVE A ND ON A NY A DDITIONA L S H EETS S UBJECT TO TH E TERMS A ND CONDITIONS S P ECIFIED (BLOCK 5), INCLUDING A NY A DDITIONS OR CH A NGES W H ICH A RE S ET FORTH H EREIN, IS A CCEP TED A S TO ITEMS : A UTH ORIZED FOR LOCA L REP RODUCTION P REVIOUS EDITION 15 NOT US A BLE 30 a. S IGNA TURE OF OFFEROR/CONTRA CTOR 31a. UNITED S TA TES OF A MERICA (S IGNA TURE OF CONTRA CTING OFFICER) 30 b. NA ME A ND TITLE OF S IGNER (Type or print) 30 c . DA TE S IGNED 31 b. NA ME OF CONTRA CTING OFFICER (Type or print) 31c. DA TE S IGNED (b)(3}'10 US C 424, (b)(6 ) S EP 22, 20 0 8 STANDARD FORM 144 9 (REV. 2/20 121 P resc ribed by C5A - FA R (48 CFR) 53.212 19, ITEM NO. 20 . S CH EDULE OF S UP P LIES /S ERVICES 21. QUA NTITY 22. UNIT 23. UNIT P RICE 24. A MOUNT 32a. QUA NTITY IN COLUMN 21 H A S BEEN Zl RECEIVED | | INS P ECTED □A CCEP TED, A ND CONFORMS TO TH E CONTRA CT, EXCEP T A S NOTED: _________________________________________________ 32b. S IGNA TURE OF A UTH ORIZED GOVERNMENT REP RES ENTA TIVE 32c . DA TE 32d. P RINTED NA ME A ND TITLE OF A UTH ORIZED GOVERNMENT REP RES ENTA TIVE 32c . MA ILING A DDRES S OF A UTH ORIZED GOVERNMENT REP RES ENTA TIVE 32f.TELP H ONE NUMBER OF A UTH ORZED GOVERNMENT REP RES ENTA TIVE 32g. E-MA IL OF A UTH ORIZED GOVERNMENT REP RES ENTA TIVE 33. S H IP NUMBER 34. VOUCH ER NUMBER 35. A MOUNT VERIFIED CORRECT FOR 36 , P A Y MENT L| COMP LETE | | P A RTIA L |~| FINA L 37. CH ECK NUMBER ■P A RTIA L | |LINA L 38.S /R A CCOUNT NO. 39.S /R VOUCH ER NUMBER 40 . P A ID BY 41a, 1 CERTIFY TH IS A CCOUNT IS CORRECT A ND P ROP ER FOR P A Y MENT 42a. RECEIVED BY (P rint) 41 b. S IGNA TURE A ND TITLE OF CERTIFY ING OFFICER 41c. DA TE 42b: RECEIVED A T (Location) 42c. DA TE R EC'D (Y Y /M M/DD) 42d. TOTA L CONTA INERS STANDARD FORM 144 9 (REV 2/20 12) BACK H H M40 2-0 8-C-0 0 72 SCHEDULE Continued ITEM NO. SUPPLIES, SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Invoic ing A ddress: NS A Finance and A c c ounting Office P .O. Box 1685; A TTN: DF2111 Ft. George G. Meade MD 20 755-6856 COR:|A A P P erson 1 Bigelow A erospace A dvanced S pace S tudies, Inc (BA A S S ) proposal dated 9/3/20 0 8 is incorporated by referenc e. Contrac t Type: Firm Fixed P rice 0 0 0 1 Base Y ear: 22 S eptember 20 0 8 - 29 S eptember 20 0 9 Monthly S tatus Reports Quantity 12 1.00 LO 2,887,000.00 2,887,000.00 A c c ounting and A ppropriation Data: A CRN: A A 9780 10 0 .440 0 10 82A 9 2520 1 S 4920 5 1S G2 B5P 196 G1 110 6 6 10 0 0 0 $2,887,0 0 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 8 to 0 9/21/20 0 9 0 0 0 2 P rojec t Management P lan for Tasks 3.a.1 -3.a.12 1.00 LO 3,600,000.00 3,600,000.00 Quantity 12 A c c ounting and A ppropriation Data: A CRN: A A 9780 10 0 .440 0 10 82A 9 2520 1 S 4920 5 1S G2 B5P 196 G1 110 6 6 10 0 0 0 $3,6 0 0 ,0 0 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 8 to 0 9/21/20 0 9 0 0 0 3 Researc h Report for Tasks 3.a.1 . - 3.a.12 1.00 LO 2,100,000.00 2,100,000.00 Quantity 12 A c c ounting and A ppropriation Data: A CRN: A A 9780 10 0 .440 0 10 82A 9 2520 1 S 4920 5 1S G2 B5P 196 G1 110 6 6 10 0 0 0 $2,10 0 ,0 0 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 8 to 0 9/21/20 0 9 0 0 0 4 Comprehensive Integrated Threat A ssessment 1.00 LO 240,000.00 240,000.00 A c c ounting and A ppropriation Data: A CRN: A A 9780 10 0 .440 0 10 82A 9 2520 1 S 4920 5 1S G2 B5P 196 G1 110 6 6 10 0 0 0 $240 0 0 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 8 to 0 9/21/20 0 9 0 0 0 5 Travel 1.00 LO 50,000.00 50,000.00 A c c ounting and A ppropriation Data: A CRN: A A 9780 10 0 .440 0 10 82A 9 2520 1 S 4920 5 1S G2 B5P 196 G1 110 6 6 10 0 0 0 $50 ,0 0 0 .0 0 P A GE 3 OF 59 H H M40 2-0 B-C-0 0 72 SCHEDULE Continued ITEM NO. SUPPLIES SERVICES QUANTITY UNIT UNIT PRICE AMOUNT P eriod of P erformanc e: 0 9/22/20 0 8 to 0 9/21/20 0 9 0 0 0 6 Other Direc t Costs 1.00 LO 1,123,000.00 1,123,000.00 A c c ounting and A ppropriation Data: A CRN: A A 9780 10 0 .440 0 10 82A 9 2520 1 S 4920 5 1S G2 B5P 196 G1 110 6 6 10 0 0 0 $ 1,123,0 0 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 8 to 0 9/21/20 0 9 10 0 1 Option Y ear: 22 S eptember 20 0 9 - 21 S eptember 20 10 Monthly S tatus Reports Quantity 12 1.00 LO 1,549,100.00 1,54 9,100.00 A c c ounting and A ppropriation Data: A CRN: A B 970 0 10 0 .440 0 110 2A 9 2520 1 S 4920 5 CCXX 16P 10 1T1 110 6 6 10 0 0 0 $ 1,549,10 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 9 to 12/21/20 10 10 0 2 P rojec t Management P lan for Tasks 3.a.1 - 3.a.12 1.00 LO 4 ,759,300.00 4 ,759,300.00 Quantity 12 A c c ounting and A ppropriation Data: A CRN: A B 970 0 10 0 .440 0 110 2A 9 2520 1 34920 5 CCXX 16P 10 1T1 110 6 6 10 0 0 0 $4,759,30 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 9 to 12/21/20 10 10 0 3 Researc h Report for Tasks 3.a.1 . - 3,a.12 1.00 LO 2,870,600.00 2,870,600.00 Quantity 12 A c c ounting and A ppropriation Data: A CRN: A B 970 0 10 0 .440 0 110 2A 9 2520 1 S 4920 5 CCXX 16P 10 1T1 110 6 6 10 0 0 0 $2,870 ,6 0 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 9 to 12/21/20 10 10 0 4 Comprehensive integrated Threat A ssessment 1.00 LO 220,200.00 220,200.00 A c c ounting and A ppropriation Data: A CRN: A B 970 0 10 0 .440 0 110 2A 9 2520 1 S 4920 5 CCXX 16P 10 1T1 110 6 6 10 0 0 0 $220 ,20 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 9 to 12/21/20 10 10 0 5 Travel 1.00 LO 36,700.00 36,700.00 A c c ounting and A ppropriation Data: A CRN: A B 970 0 10 0 .440 0 110 2A 9 2520 1 S 4920 5 CCXX 16P 10 1T1 110 6 6 10 0 0 0 $36,70 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 9 to 12/21/20 10 2,494 ,610.00Other Direc t Costs 1.00 LO 2,4 94 ,610.00 P A GE 4 OF 59 H H M40 2-0 8-C-0 0 72 SCHEDULE Continued ITEM NO. SUP PLIES, SER VICES QUANTITY UNIT UNIT PRICE AMOUNT 10 0 7 A c c ounting and A ppropriation Data: A CRN: A B 970 0 10 0 .440 0 110 2A 9 2520 1 S 4920 5 CCXX 16P 10 1T1 110 6 6 10 0 0 0 $ 2,494,610 .0 0 P eriod of P erformanc e: 0 9/22/20 0 9 to 12/21/20 10 A dditional Travel 1.00 LO 13,300.00 18,300.00 10 0 8 A c c ounting and A ppropriation Data: A CRN: A B 970 0 10 0 .440 0 110 2A 9 2520 1 S 4920 5 CCXX 16P 10 1T1 110 6 6 10 0 0 0 $ 18,30 0 .0 0 P eriod of P erformanc e: 0 9/22/20 0 9 to 12/21/20 10 UNUS ED - This line item is unused but must remain part 1.00 LO 0.00 0.00 10 0 9 of the c ontract to insure proper accounting information is aligned to revised CLINS . Original 0 0 0 1 from P R A c c ounting and A ppropriation Data: A CRN: A B 970 0 10 0 .440 0 110 2A 9 2520 1 S 4920 5 CCXX 16P 10 1T1 110 6 6 10 0 0 0 $ 0 .0 0 UNUS ED - This line item is unused but must remain part 1.00 LO 0.00 0.00 of the c ontract to insure proper accounting information is aligned to revised CLINS . Original 0 0 0 2 from P R A c c ounting and A ppropriation Data: A CRN: A B 970 0 10 0 .440 0 110 2A 9 2520 1 S 4920 5 CCXX 16P 10 1T1 110 6 6 10 0 0 0 $ 0 .0 0 P A GE 5 OF 59 H H M40 2-0 B-C-0 0 72 Table of Contents 252.21 2-7001 CO NTR A CT TER M S A ND CO NDITIO NS R EQ U IR ED TO IM PLEM ENT STA TU TES O R EX ECU TIVE O R DER S A PPLICA BLE TO DEFENSE A CQ U ISITIO NS O F CO M M ER CIA L ITEM S (M A R 2008)............................................................................................................. 8 52.21 2-4 CO NTR A CT TER M S A ND CO NDITIO NS—CO M M ER CIA L ITEM S (FEB 2007).............................................................................. 9 52,21 2-5 CO NTR A CT TER M S A ND CO NDITIO NS R EQ U IR ED TO IM PLEM ENT STA TU TES O R EX ECU TIVE O R DER S--CO M M ER CIA L ITEM S (JU N 2CiO 8)................................................................................................................ .............................. . ■..................... 9 52.232- 1 PA YM ENTS. (A PR 1 984) ... ................................................................................................................................................-...............1 2 52.232- 25 PR O M PT PA YM ENT (O CT 2003).................................................................................................................................................... 1 2 52.233- 1 DISPU TES (JU L 2002)................................................................................................................................. 1 2 52.246- 1 CO NTR A CTO R INSPECTIO N R EQ U IR EM ENTS (A PR 1 984)....................................................................................................... 1 2 52.246-1 6 R ESPO NSIBILITY FO R SU PPLIES (A PR 1 984).................................................................................... 1 2 SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS.................................................... 13 B.l 52.227-1 7 R IG HTS IN DA TA—SPECIA L W O R KS (DEC 2007).............................................................................................. 1 3 SECTION E INSPECTION AND ACCEPTANCE................................................................. 14 E.l 252.21 1 -7004 A LTER NA TE PR ESER VA TIO N, PA CKA G ING , A ND PA CKING (DEC 1 991 )...................................................1 4 SECTION F DELIVERIES OR PERFORMANCE................................................................. 15 F.l 52.247-29 F.O .B. O R IG IN (FEB 2006)..................................................................................................................................... 1 5 F.2 52.247-34 F.O .B. DESTINA TIO N (NO V 1 991 )..............................................................................................................................1 6 SECTION I CONTRACT CLAUSES......................................................................... 17 1 .1 252.203-7000 (252.203-7000) [R ESER VED].........................................................................................................................1 7 1 .2 252.203-7001 PR O HIBITIO N O N PER SO NS CO NVICTED O F FR A U D O R O THER DEFENSE-CO NTR A CT-R ELA TED FELO NIES (DEC 2004)........................................................,.................................................................................................... ..... ................. 1 7 1 .3 252.205-7000 PR O VISIO N O F INFO R M A TIO N TO CO O PER A TIVE A G R EEM ENT HO LDER S (DEC 1 991 )............1 7 1 .4 252.21 1 -7000 A CQ U ISITIO N STR EA M LINING (DEC 1 991 )........................................................................................................1 8 1 .5 252.21 1 -7001 A VA ILA BILITY O F SPECIFICA TIO NS, STA NDA R DS, DA TA ITEM DESCR IPTIO NS NO T LISTED IN THE A CQ U ISITIO N STR EA M LINING A ND STA NDA R DIZA TIO N INFO R M A TIO N SYSTEM (A SSIST), A ND PLA NS, DR A W ING S, ■A ND O THER . PER TINENT DO CU M ENTS (M A Y 2006)............................................. 1 8 1 .6 252.21 1 -7002 A VA ILA BILITY FO R EX A M INA TIO N O F SPECIFICA TIO NS, STA NDA R DS, PLA NS, DR A W ING S, DA TA ITEM DESCR IPTIO NS, A ND O THER PER TINENT DO CU M ENTS (DEC 1 991 }.............................................................................1 8 1 .7 252.21 1 -7003 ITEM IDENTIFICA TIO N A ND VA LU A TIO N (A U G 2008).................................................................................. 1 8 1 .8 252.21 1 -7004 A LTER NA TE PR ESER VA TIO N, PA CKA G ING , A ND PA CKING (DEC 1 991 )....................................................21 1 .9 252.21 1 -7006 R A DIO FR EQ U ENCY IDENTIFICA TIO N (FEB 2007)........................................................................................ 21 1 .1 0 252.21 9-7001 (252.21 9-7001 ) [R ESER VED]..................................................................................................................................23 1 .1 1 252.21 9-7002 (252.21 9-7002) [R ESER VED]..................................................................................................................................23 1 .1 2 252.21 9-7003 SM A LL BU SINESS SU BCO NTR A CTING PLA N (DO D CO NTR A CTS) (A PR 2007)..........................................23 1 .1 3 252.21 9-7005 (252.21 9-7005) (R ESER VED)..................................................................................................................................24 1 .1 4 '252.21 9-7006 (252.21 9-7006) (R ESER VED)................... 24 1 .1 5 252.225-7001 BU Y A M ER ICA N A CT A ND BA LA NCE O F PA YM ENTS PR O G R A M (JU N 2005}...............................................24 1 .1 6 252.225-7002 Q U A LIFYING CO U NTR Y SO U R CES A S SU BCO NTR A CTO R S (A PR 2003).........................................................25 1 .1 7 252.225-7007 PR O HIBITIO N O N A CQ U ISITIO N O F U NITED STA TES M U NITIO NS LIST ITEM S FR O M CO M M U NIST CHINESE M ILITA R Y .CO M PA NIES (SEP 2006).................................................... ..25 1 .1 8 252.225-701 2 PR EFER ENCE FO R CER TA IN DO M ESTIC CO M M O DITIES (M A R 2008)...........................................................25 1 .1 9 252.225-701 4 PR EFER ENCE FO R DO M ESTIC SPECIA LTY M ETA LS (JU N 2005)................................................................ 26 1 .20 252.225-701 5 R ESTR ICTIO N O N A CQ U ISITIO N O F HA ND O R M EA SU R ING TO O LS (JU N 2005)..................................... 26 1 .21 252.2'33-7000 (2-52 ..233-7000 } [R ESER VED] . . .... . . . ... . .:. ... ..... ,> . . ...... ............ , . . . . .,. .... . . . .... ,..,.... 26 1 .22 252.242-7002 (252.242-7002) [R ESER VED]..................................................................................................................................26 1 ,23 252.243-7001 PR ICING O F CO NTR A CT M O DIFICA TIO NS (DEC 1 991 )..................................................................................26 1 .24 -52.203-1 {52.2'03-1 } [R ESER VED] ^s . . . ,. . . . . . ^.^,. . . . . . ............................................... ., ..................................27 P A GE 6 OF 59 H H M40 2-0 8-C-0 0 72 Table of Contents 1 .25 1 .26 1 .27 I.23 1 .29 1 .30 1 .31 1 .32 1 .33 1 .34 1 .35 1 .36 1 .37 1 .33 1 .39 1 .40 1 .41 1 .42 1 .43 1 .44 1 .45 1 .46 1 .47 I.43 1 .49 1 .50 1 .51 1 .52 1 .53 1 .54 1 .55 1 .56 1 .57 1 .58 1 .59 1.6 0 1 .61 1 .62 I . 63 1 .64 52.203-1 0 PR ICE O R FEE A DJU STM ENT FO R ILLEG A L O R IM PR O PER A CTIVITY (JA N 1 997)................................ 27 52.203-1 2 LIM ITA TIO N O N PA YM ENTS TO INFLU ENCE CER TA IN FEDER A L TR A NSA CTIO NS (SEP 2007)............ 27 52.203-3 G R A TU ITIES (A PR 1 984)................................................................................................................................................. 30 52.203-5 CO VENA NT A G A INST CO NTING ENT FEES (A PR 1 984).......................................................................................... 30 52.203-6 R ESTR ICTIO NS O N SU BCO NTR A CTO R SA LES TO THE G O VER NM ENT (SEP 2006)......................................... 30 52.203- 7 A NTI-KICKBA CK PR O CEDU R ES (JU L 1 995).......................... .-. ...................•.................................... ,............31 52.203- 9 (52.203-9} (R ESER VED]................................................................................................................................................31 52.209- 5 PR O TECTING THE G O VER NM ENT’S INTER EST W HEN SU BCO NTR A CTING W ITH CO NTR A CTO R S DEBA R R ED, SU SPENDED, O R PR O PO SED FO R DEBA R M ENT (SEP 2006) ...................................................................................................... 31 52.21 5- 1 INSTR U CTIO NS TO O FFER O R S —CO M PETITIVE A CQ U ISITIO N (JA N 2004).............................................. 32 52.21 6-1 8 O R DER ING (O CT 1 995)....................................................................................................................................................34 52.21 6- 1 9 O R DER LIM ITA TIO NS (O CT 1 995)............................................................................ 34 52.21 6-20 DEFINITE Q U A NTITY (O CT 1 995)............................................................................................................................. 35 52.21 6-21 R EQ U IR EM ENTS (O CT 1 995)............................................................................ 35 52.21 6-22 INDEFINITE Q U A NTITY (O CT 1 995)........................................................................................................................ 36 52.21 9-1 3 {52,21 9-1 3} [R ESER VED]...............................................................................................................................................36 52.21 9-1 6 LIQ U IDA TED DA M A G ES —SU BCO NTR A CTING PLA N (JA N 1 999)....................................................................... 36 52.21 9- 6 NO TICE O F TO TA L SM A LL BU SINESS SET-A SIDE (JU N 2003)........................... 37 52.21 9-8 U TILISA TIO N O F SM A LL BU SINESS CO NCER NS (M A Y 2004).................................... 37 52.21 9-9 SM A LL BU SINESS SU BCO NTR A CTING PLA N (A PR 2008).......................................................................................38 52.222-1 NO TICE TO THE G O VER NM ENT O F LA BO R DISPU TES (FEB 1 997)................................................................. 42 52.222-20 W A LSH-HEA LEY PU BLIC CO NTR A CTS A CT (DEC 1 996)........................................................................................43 52.222-26 EQ U A L O PPO R TU NITY (M A R 2007).............................................................................................................................. 43 52.222-28 (.5'2.£22-2 8] [R ESER VED]............................................................................................................................................44 ■52.2 2:2-3.. CO NVICT LA BO R (JU N 2003)........................................................................................... 44 52.222-35 EQ U A L O PPO R TU NITY FO R SPECIA L DISA BLED VETER A NS, VETER A NS O F THE VIETNA M ER A , A ND O THER ELIG IBLE VETER A NS. [SEP 2006]................................................................................................................................... 45 52.222-36 A FFIR M A TIVE A CTIO N FO R W O R KER S W ITH DISA BILITIES (JU N 1 998).....................................................47 52.222- 37 EM PLO YM ENT R EPO R TS O N SPECIA L DISA BLED VETER A NS, VETER A NS O F THE VIETNA M ER A , A ND O THER ELIG IBLE VETER A NS (SEP 2006)................................................................................................. 47 52.223- 6 DR U G -FR EE W O R KPLA CE (M A Y 2001 )........................................................................................................................ 48 52.225-1 0 NO TICE O F BU Y A M ER ICA N A CT R EQ U IR EM ENT—CO NSTR U CTIO N M A TER IA LS (M A Y 2002)............... 49 52.225-1 1 BU Y A M ER ICA N A CT-CO NSTR U CTIO N M A TER IA LS U NDER TR A DE A G R EEM ENTS (A U G 2007)................ 50 52.229- 3 FEDER A L, STA TE, A ND LO CA L TA X ES (A PR 2003)........................................................................................ 52 52.232-1 7 INTER EST (JU N 1 996)................................................................................................................................................... 53 52.232-23 A SSIG NM ENT O F CLA IM S (JA N 1 986)............................................................................................................ 53 52.232-28 INVITA TIO N TO PR O PO SE PER FO R M A NCE-BA SED PA YM ENTS (M A R 2000).................................................. 53 52.233- 1 DISPU TES (JU L 2002).................................................................................................................................................. 54 52.242-1 0 {52.242-1 0} [R ESER VED]...............................................................................................................................................55 52.246-1 7 W A R R A NTY O F SU PPLIES O F A NO NCO M PLEX NA TU R E (JU N 2003)........................................................... 55 52.246-1 8 W A R R A NTY O F SU PPLIES O F A CO M PLEX NA TU R E (M A R 2001 }.................................................................. 56 52.246- 1 9 W A R R A NTY O F SYSTEM S A ND EQ U IPM ENT U NDER PER FO R M A NCE SPECIFICA TIO NS O R DESIG N CR ITER IA (M A R 2001 ).................................................................................................................................................................................................. 57 52.247- 1 CO M M ER CIA L BILL O F LA DING NO TA TIO NS (FEB 2006).......................................... 59 P A GE 7 OF 59 H H M40 2-0 8-C-0 0 72 CLAUSES 252.21 2- 7001 CO NTR A CT TER M S A ND CO NDITIO NS R EQ U IR ED TO IM PLEM ENT STA TU TES O R EX ECU TIVE O R DER S A PPLICA BLE TO DEFENSE A CQ U ISITIO NS O F CO M M ER CIA L ITEM S (M A R 2008) (a) The Contractor agrees tc comply with the following Federal A cquisition R egulation (FA R ) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. M .20'3-3, G ratuities (A PR 1 934) (1 0 U .S.C. 2207). (4) 252.225-7001 , Buy A merican A ct and Balance of Payments Program (b) The Contractor agrees to comply with any clause that is checked on the fallowing list of Defense FA R Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1 ) 252.205-7000, Provision af Information to Cooperative A greement Holders (DEC 1 991 ) (1 0 U .S.C. 241 6). (2) 252.21 9-7003, Small Business Subcontracting Plan (DoD Contracts) (A PR 2007} (1 5 U .S.C. 6-37). (3) 252.21 9-7004, Small Business Subcontracting Plan (Test Program) (A PR 2007} (1 5 U .S.C, 637'. Note) . (JU N 2005) (41 U .S.C. lO a-l-O d, E.,0.. 1 0582}. (5) 252.225-701 2, Preference for Certain Domestic Commodities (M A R 2008) (1 0 U .S.C. 2533a). Bearings- (M A R 2006) (Section 8065 of Pub. L. 1 07-1 1 7 arid the (6) 252.225-701 4, Preference for Domestic Specialty M etals (JU N 2005) (1 0 U .S.C. 2533a). (7) 252.225-701 5, R estriction on A cquisition of Hand or M easuring Tools (JU N 2005) (1 0 U .S.C. 2533a). (8) 252.225-701 6, R estriction on A cquisition of Ball and R oller same restriction in subsequent DoD appropriations acts. (9) 252.225-7021 , Trade A greements (M A R 2007) (1 9 U .S.C. 2501 -251 8 and 1 9) U .S.C. 3301 note) . (1 0) 252.225-7027, R estriction oh Contingent Fees for Foreign M ilitary Sales' (A PR . 2003) (22 U .S.C. 27 79). (41 U .S.C. LO a-lO d abd 1 9 U .S.C. 3301 note). (1 1 ) 252.225-7028, Exclusionary Policies and Practices of Foreign G overnments (A PR 2003) (22 U .S.C. 2755.). (1 2) (i) 252.225-7036, Buy A merican A ct—Free Trade A greements—Balance of Payments Program (M A R 2007) (1 1 ) (A lternate I)(O CT 2006) pf 252.225-7036. (1 3) 252.225-7038, R estriction on A cquisition of A ir Circuit Breakers (JU N 2005) (1 0 U .S.C. 253.4(a)(3)). (1 4) 252.226-7001 , U tilization of Indian O rganizations Indian-O wned Economic Enterprises, and Native- Hawaiian Small Business­ Concerns (SEP 2004) (Section 8021 of Public Law 1 07-248 and similar sections in- subsequent DoD' appropriations' acts) .. (1 5) 252.227-701 5, Technical Data--Commercial Items (NO V 1 995) (1 0 U .S..C. 2.320) . (1 6) 252.227-7037, Validation of R estrictive M arkings on Technical (1 8) 252.237-701 9, Training for Contractor Personnel Interacting Data (SEP 1 9'99) (.1 0 U .S.C. 2321 ). (1 7) 252.232-7003, Electronic Submission of Payment R equests and. Receiving Reports. [MAR- 2008) (10 U.S.C. 2227} . with Detainees (SEP 2006) (Section 1 092 of Public Law 1 08-375). (19) '252.2 4 3-7 0 02 Request s' for Equitable Adjustment (MAR 199.8) (1 0 U .S.C. 241 0) . (20) (i) 252.247-7023, Transportation of Supplies by Sea (M A Y 2002) (1 0 U .S.C. 2631 ). (ii) A lternate I (M A R 2000) of 252-247-7023. (21 ) 252.247-7024, Notification of Transportation of Supplies by Sea (M A R 2000) (1 0 U .S.C. 2631 ) . (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and. Conditions R equired to Implement Statutes or Executive O rders-■Commercial Items clause of this contract (FA R 52.21 2-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1 ) 252.225-701 4, Preference for Domestic Speciality M etals, P A GE 8 OF 59 H H M40 2-0 8-C-0 0 72 A lternate I (A PR 2003} (1 0 U .S.C. 2533a). (2) 252.237-701 9, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1 092 of Pub. L. 1 08-375). (3) 252,247-7023, Transportation of Supplies by Sea (M A Y 2002) (1 0 U .S.C. 2631 ) . (4) 252.247 7024, Notification of Transportation of Supplies by Sea (M A R 20 00} .'(1 0 U .S.C,. 2 6'31 } . (End of clause) (iv) A lternate III (M A R 2000) of 252-247-7023. (iii) A lternate II (M A R 2000} of 252-247-7023. 52.21 2-4 CO NTR A CT TER M S A ND CO NDITIO NS—CO M M ER CIA L ITEM S (FEB 2007) (R eference 52.21 2-4) 52.21 2- 5 CO NTR A CT TER M S A ND CO NDITIO NS R EQ U IR ED TO IM PLEM ENT STA TU TES O R EX ECU TIVE O R DER S—CO M M ER CIA L ITEM S'. (JU N 2008) (a) The Contractor shall comply with the following Federal A cquisition R egulation (FA R ) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1 ) 52.233-3, Protest after A ward (A ug 1 996) (31 U .S.C. 3553). (2) 52.233-4, A pplicable Law for Breach of Contract Claim (O ct 2004) (Pub. L. 1 08-77, 1 08-78) . (b) The Contractor shall comply with the FA R clauses in this paragraph (b) that the Contracting O fficer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1 ) 52.203-6, R estrictions on Subcontractor Sales to the G overnment (Sep 2006), with A lternate I (O ct 1 995) (41 U .S.C. 253g and 1 0 U .S.C. 2402) . (2) 52.21 9-3, Notice of Total HU BZone Set-A side (Jan 1 999) (1 5 U .S.C. 657a}. (3} 52.21 9-4, Notice of Price Evaluation Preference for HU BZone .Small Business Concerns (July 2005} (if the offeror elects to waive the preference, it shall so indicate in its offer} (1 5 U .S.C. 657a). (4) (R eserved] (5) (i) 52.21 9-6, Notice of Total Small Business Set-A side (June 200 3) (1 5 U . S-.C, 6 44) , ' (ii) A lternate I (O ct 1 995) of 52.21 9-6. (iii) A lternate II (M ar 2004) of 52.21 9-6, (6) (1 ) 52.21 9-7, Notice of Partial Small Business Set-A side (June 2003) (1 5 U .S.C. ,644') . (ii) A lternate I (O ct 1 995) of 52.21 9-7. (iii) A lternate' II (M ar 2004) of 52.21 9-7. (7) 52.21 9-8, U tilization of Small Business Concerns (M ay 2004) (1 5 U .S.C. 637(d)(2) and (3)). (8) (i) 52.-21 9-9, Small Business Subcontracting Plan (A pr 2008) (1 5 U .S.C, 637(d)(4). (ii) A lternate I (O ct 2001 } of 52.21 '9-9, (iii) A lternate II (O pt 2001 ) of -52 .,2'1 9-9. (9) 52.21 9-1 4, Limitations on Subcontracting (Dec 1 996) (1 5 U .S.C, 637 (a) (1 4) ) . (1 0) 52.21 9-1 6, Liquidated Damages--Subcontracting Plan (Jan 1 999) (1 5 U .S.C. "637 (d) (4). (F) (i)). (1 1 ) (i) 52.21 9-23, Notice of Price Evaluation A djustment for Small Disadvantaged Business Concerns (Sept 2005) (1 0 U .S.Q . 2323) (if the offeror elects to' waive the- adjustment, it shall so- Disadvantaged Status and R eporting (A pi? .3008} (Pub. L.- indicate in its offer). (ii) A lternate I (June 2003} of 52.21 9-23. (1 2) 52.21 9-25, Small Disadvantaged Business Participation Program­ ' 71 02, and 1 # U .S.C. 2323) . 1 03-355, section ' Lu-t pA^ 01 ^'F l^S Hm^^(^ (1 3) 52.21 9-26, Small Disadvantaged. Business Participation Program­ Incentive Subcontracting (O ct 2000) (Pub. L. 1 03-355, section (1 4) 52.21 9-27, Notice of Total Service-Disabled Veteran-O wned Small Business Set-A side (M ay 2004) (1 5 U .S.C. 657 f) . (1 5) 52.21 9-28, Post A ward Small Business Program R erepresentation (June 2007) (1 5 U .S.C. 632(a)(2)). (1 6) 52.222-3, Convict Labor (June 2003) (E.O . 1 1 755). (1 7) 52.222-1 9, Child Labor--Cooperation with A uthorities and R emedies Veterans of the Vietnam Era, and O ther Eligible Veterans (Feb 2008) (E.O . 1 31 26). (1 3) 52.222-21 , Prohibition of Segregated Facilities (Feb 1 999). (1 9) 52.222-26, Equal O pportunity (A pr 2002) (E.O . 1 1 246). (20) 52.222-35, Equal O pportunity for Special Disabled Veterans, (22) 52.222-37, Employment R eports on Special Disabled Veterans, (Sept 2006) (38 U .S.C. 421 2) . (21 ) 52.222-36, A ffirmative A ction for W orkers with Disabilities (Jun- 1 998) (29 U .S.C. 793). U nion Dues or Fees (Dec 2004) (E.O . 1 3201 ). Veterans of the Vietnam Era, and O ther Eligible Veterans (Sept 2006) (38 U .S.C. 421 2) . (23) 52.222-39, Notification of Employee R ights Concerning Payment of (24) (i) 52.222-50, Combating Trafficking in Persons (A ug 2007) (A pplies to all contracts). (ii) A lternate ,i (A ug 2007) O f 5 2.222-5 0. (25) (i) 52.223-9, Estimate of Percentage of R ecovered M aterial Content for EPA ■ Designated Items (M ay 2008) (42 U .S.C. 6962(c) (3) (A ) (ii) ) . (ii) A lternate I (M ay 2008) of 52.223-9 (42 U .S.C. 6962(i) (2) (C)) . (26) 52.223-1 5, Energy Efficiency in Energy-Consuming Products ‘(Dec 2.007) (42 U .S.C. 8259b). (27) (i) 52.223-1 6, IEEE 1 680 Standard for the Environmental (28) 52.225-1 , Buy A merican A ct-Supplies (June 2003) (41 U .S.C. A ssessment of Personal Computer Products (Dec 2007) (E.O . 1 3423) . (ii) A lternate I (Dec 2007) of 52.223-1 6. IDa-lO d). (29) Trade A ct (A ug 2007) (41 U .S.C. lO a-lO d, 1 9 U .S.C. 3301 (i) 52.225-3, Buy A merican A ct-Free Trade A greements-Israeli note, 1 9 U .S.C. 21 1 2 note, Pub. L, 1 08-77, 1 08-78, 1 08-286, 1 09-53 and 1 09-1 69. (ii) A lternate I (Jan 2004) of 52.225-3. (iii) A lternate II (Jan 2004) of 52.225-3. (30) 52.225-5, Trade A greements (Nov 2007) (1 9 U .S.C, 2501 , et seq., 1 9 U .S.C.' 3'301 note).. (31 ) 52.225-1 3, R estrictions on Certain Foreign Purchases (Jun 2008) (E.O .'s, proclamations, and statutes administered by the O ffice of Foreign A ssets Control of the Department of the Treasury). (32) 52.226-4, Notice of Disaster or Emergency A rea Set-A side (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2007) (42 U .S.C. 51 50). (33) 52.226-5, R estrictions on Subcontracting O utside Disaster or Emergency A rea (Nov 2007} (42 U .S.C. 51 50). (Feb 2002) (41 U .S.C. 255(f), 1 0 U .S.C. 2307(f)). (35) 52.232-30, Installment Payments for Commercial Items (O ct 1 995) (41 U .S.C. -255(f), 1 0 U .S.C. 2307(f)). (36) 52.232-33, Payment by Electronic Funds Transfer-Central (37) 52.232-34, Payment by Electronic Funds Transfer-O ther than Contractor R egistration (O ct 2003) (31 U .S.C, 3332). Central Contractor R egistration (M ay 1 999) (31 U .S.C. 3332). (38) 52.232-36, Payment by Third Party (M ay 1 999) (31 U .S.C, 3332). (39) 52.239-1 , Privacy or Security Safeguards (A ug 1 996) (5 U .S.C. Commercial Vessels (Feb 2006) (46 U .S.C. A ppx 1 241 (b) and P A GE 10 OF 59 H H M4O2-O3-C-0 O72 552a) . (40) (i) 52.247-64, Preference for Privately O wned U .S.-Flag (c) The Contractor shall comply with the FA R clauses in this paragraph (c), applicable to commercial services, that the Contracting O fficer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 1 0 U .S.C. 2631 ). (ii) .A lternate i (A pr 1 984) of 52.247-64. (1 ) 52.222-41 , Service Contract A ct of 1 965 (Nov 2007) (41 U .S.C. 351 , et seq.). (2) 52.222-42, Statement of Equivalent R ates for Federal Hires (M ay 1 939) (29 U .S.C. 206 and 41 U .S.C, 351 , et seq.). (3) 52.222-43, Fair Labor Standards A ct and Service Contract A ct- Price' A djustment (M ultiple Year and O ption Contracts) (M ay 1 989) (29 U .S.C. 206 and 41 U .S.C. 351 , et seq.). (.4 ) 52.222-44, Fair Labor Standards A ct and Service Contract A ct- Price A djustment (Feb 2002) (2'9 U .S.C. 206 and 41 U .S.C. 35'1 , et seq.). (5) 52.222-51 , Exemption from A pplication of the Service Contract A ct to Contracts for M aintenance, Calibration, or R epair of Certain Equipment--R equirements (Nov 2007) (41 U .S.C. 351 , et seq.). (6) 52.222-53, Exemption from A pplication of the Service Contract Act Contracts fro Certain Services—Requirements (Nov 2007) (41 U .S.C. 351 , et seq.). (■7) 52.237-1 1 , A pdeptihg and Dispensing O f $1 Coin (A ug 2007) (31 U .S.C. 51 1 2(p)(1 )). (d) Comptroller G eneral Examination of R ecord. 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 52.21 5-2, A udit and R ecords- Negotiation. (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 FA R clause, other than those in paragraphs (i) through (vii of this paragraph in a subcontract for commercial items. U nless otherwise indicated below, the extent of the flow down shall be as required by the clause-' (i) 52.21 9-8, U tilization of Small Business Concerns (M ay 2004) (1 5 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 52.21 9-8 in lower tier subcontracts that offer ■subcentracting•opportunities. (ii) 52.222'c26, Equal O pportunity (M ar 2007) (E.M 1 1 24'.6) . (iii) 52.222-35, Equal O pportunity for Special Disabled Veterans, Veterans of the Vietnam Eta, arid O ther Eligible Veterans (Sept 2006) (38 U .S.C. 421 2). (iv) 52.222-36, A ffirmative A ction for W orkers with Disabilities (June 1 998) (29 U .S.C. 793). (v) 52,222-39, Notification of Employee R ights Concerning Payment of U nion Dues or Fees (DEC 2004) (E.O . 1 3201 ). (vi) 52.222-41 , Service Contract A ct of 1 965 (Nov 2007) (41 U .S.C. 351 , et seq.). (vii) 52.222-50, Combating Trafficking in Persons (A ug 2007) (22 U .S.C. 71 04(g)). Flow down required in accordance with paragraph (f) of FA R clause 52.222-50. (viii) 52.222-51 , Exemption from A pplication of the Service Contract A ct to Contracts for M aintenance, Calibration, or R epair of Certain Equipment--R equirements (Nov 2007) (41 U .S.C. 351 , et seq.). (1 ) The Comptroller G eneral of the U nited States, or an authorized representative of the Comptroller G eneral, 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 FA R Subpart 4.7, Contractor R ecords R etention, 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. R ecords 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) A s 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 P A GE 11 OF 59 H H M40 2-0 B-C-0 0 72 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) (ix) 52.222-53, Exemption from A pplication of the Service Contract A ct to Contracts for Certain Services--R equirements (Nov 2.0O 1 ) (41 U .S.C. 351 , et seq.). (x) 52.247-64, Preference for Privately O wned U .S.-Flag Commercial Vessels (Feb 2006) (46 U .S.C. A ppx 1 241 (b) and 1 0 U .S.C. 2631 ). Flow down required in accordance with paragraph (d) of FA R clause 52 ..247-64. (End of Clause) (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. 52.232- 1 PA YM ENTS (A PR 1 984) (R eference 52.232-1 ) 52.232-25 PR O M PT PA YM ENT (O CT 2003) (R eference 52.232-25) 52.233- 1 DISPU TES (JU L 2002) (R eference 52.233-1 ) 52.246- 4 CO NTR A CTO R INSPECTIO N R EQ U IR EM ENTS (A PR 1 984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers1 ' parts. This clause takes precedence over any G overnment inspection and testing required in the contract1 's specifications, except for specialized inspections or tests specified to be performed solely by the G overnment. (End of Clause) 52.246-1 6 R ESPO NSIBILITY FO R SU PPLIES (A PR 1 984) (R eference 52.246-1 6) P A GE 12 OF 59 H H M40 2-0 8-C-0 0 72 SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS B.l 52.227-1 7 R IG HTS IN DA TA—SPECIA L W O R KS (DEC 2007) (a) Definitions. A s used in this clause— "Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. "U nlimited rights" means the rights of the G overnment to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others- to do so. (b) A llocation of R ights. (1 ) The- G overnment shall have-— (i) U nlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause. (ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c) (1 ) of this', clause. (iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause. (2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (C)(1 ) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract. (c) Copyright — (End of clause) (1 ) Data first produced in the performance of this contract. (i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting O fficer. W hen copyright is asserted, the Contractor shall affix the appropriate copyright notice of 1 7 U .S.C. 401 or 402 and acknowledgment of G overnment sponsorship (including contract number) to the data when delivered to the G overnment, as well as when the data are published or deposited for registration as a published work in the U .S. Copyright O ffice. The Contractor grants to the G overnment, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the G overnment. (ii) If the G overnment desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1 )(i) of this clause, the Contracting O fficer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the G overnment or its designated assignee. (2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting O fficer, incorporate in data delivered under this contract any data not first produced in the performance O f this contract and that contain the copyright notice of 1 7 U .S.C. 401 or 402, unless the Contractor identifies such data and grants to the G overnment, or acquires on its behalf, a license of the same scope as set forth in paragraph (c) (1 ) -of this clause. (d) R elease and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting O fficer. (e) Indemnity. The Contractor shall indemnify the G overnment and its officers, agents, and employees acting for the G overnment against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any Libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the G overnment provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contract or is consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the G overnment and incorporated in data to which this clause applies. P A GE 13 OF 59 H H M40 2-0 B-C-0 0 72 SECTION E INSPECTION AND ACCEPTANCE E.l 252.21 1 -7004 A LTER NA TE PR ESER VA TIO N, PA CKA G ING , A ND PA CKING (DEC 1 991 ) (a) The O fferor may submit two unit prices for each item—one based on use of the military preservation, packaging, or packing requirements of the solicitation; and an alternate based on use of commercial or industrial preservation, packaging, or packing of equal or better protection than .the mil it ary . (b) If the O fferor submits two unit prices, the following information, as a minimum, shall be submitted with the offer to allow evaluation of the alternate (1 ) The per unit/item cost af commercial or industrial preservation., packaging, and packing; (2) The per unit/item cost of military preservation, packaging, and packing; (3} The description of commercial or industrial preservation, packaging, and packing procedures, including material specifications, when applicable, to include— (viii) U nit container; (i) M ethod. O f preservation; (ii) Q uantity per unit package; {iii) G leaning/.drying treatment; (iv) preservation treatment; (v) W rapping materials; (vi) Cushioning/dunna'ge material; (vii) Thickness of cushioning; (lx) U nit package gross weight and dimensions; (x) Packing; and (xi) Packing gross weight and dimensions; and (4) item characteristics, to include.— (1 ) M aterial and finish; (ii) Net weight; (iii) Net^dimensions; and (iv) Fragility. (C) If the Contracting O fficer does not evaluate or accept the O fferor's proposed alternate commercial or industrial preservation, packaging, or packing, the O fferor agrees to preserve, package, or pack in accordance with the specified military requirements. (End of provision) P A GE 14 OF 59 H H M40 2-0 B-C-0 0 72 SECTION F DELIVERIES OR PERFORMANCE F.l 52.247-29 F.O .B. O R IG IN (FEB 2006) (a) The term "f.o.b. origin," as used in this clause, means free of expense to the G overnment delivered-- (1 ) O n board the indicated type of conveyance of the carrier (or of the G overnment, if specified} at a designated point in the city, county, and State from which the shipment will be made and from which line-haul transportation service (as distinguished from switching, local drayage, or other terminal service) will begin; (2) To, and placed on, the carrier''s wharf (at shipside, within reach of the ship''s loading tackle, when the shipping point is within a port area having water transportation service) or the carrier''s freight station; (3) To a U .S. Postal Service facility; or (4) If stated in the solicitation, to any G overnment designated, point located within the same city cr commercial zone as the f.o.b. origin point specified in the contract (the Federal M otor Carrier Safety A dministration prescribes commercial zones at Subpart B of 49 CFR part 372). (bj The Contractor shall— (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge; (I) (i) Pack and mark the shipment to comply with contract specifications; or (2) (i) O rder specified carrier equipment when requested by the G overnment; or (ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment; (3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier1 's conveyance as required- by carrier rules and regulations; (4) Be responsible for any .loss of and/or damage to the goods-- (i) O ccurring .before: delivery ta the carrier; (ii) R esulting from improper packing -and marking; or (i) A description of the shipment in terms of the governing freight classification or tariff (or G overnment rate tender) under which lowest freight rates are applicable; (iii) R esulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the--Contractor on or in. the carrier''s conveyance; (5) Complete the G overnment bill of lading supplied by the ordering agency or, when a G overnment bill of lading is not supplied, prepare a commercial bill of lading or other transportation receipt. The bill of lading shall show— (ii) The seals affixed to the conveyance with their serial numbers or other identification; (iii) Lengths and capacities of cars or trucks ordered and furnished; (6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency. (iv) O ther pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and ZIP code of consignee, routing, etc.; (v) Special instructions or annotations requested by the ordering agency for commercial bills of lading; e.g., "This shipment is the property of, and the freight charges paid to the carrier(s) will be reimbursed by, the G overnment"; arid (vi) The signature of the carrier’'s agent and the date the shipment is received, by the carrier; and (c) These Contractor responsibilities are specified for performance at the plant or plants at which the supplies are to be finally inspected and accepted, unless the facilities for shipment by carrier'1 s equipment are not available at the Contractor’’s plant, in which case the responsibilities shall be performed f.o.b. the point or points in the same or nearest city where the specified carrier''s facilities are available; subject, however, to the following .qualifications : (1 ) If the Contractor''s shipping plant is located in the State of A laska or Hawaii, the Contractor shall deliver the supplies listed for shipment outside A laska or Hawaii to the port of loading in A laska or Hawaii, respectively, as specified in the contract, at Contractor' 's expense, and to that extent the contract shall be "f.o.b. destination." (2) Notwithstanding paragraph (c)(1 ) of this clause, if the Contractor''s shipping plant is located in the State of Hawaii, and the contract requires delivery to be made by container service, the Contractor shall deliver the supplies, at the Contractor''s expense, to the container yard in the same or nearest city where seavan container service is available. P A GE 15 OF 59 H H M40 2-0 8-C-0 0 72 (End of Clause) F.2 52,247-34 F.O .B. DESTINA TIO N (NO V 1 391 ) (a) The term "f.o.b. destination," as used in this clause, means-­ (1 ) Free of expense to the G overnment, on board, the carrier''s conveyance, at a specified delivery point where the consignee''s facility (plant, warehouse, store, lot, or other location to which shipment -can be made) is- located; and (bj The Contractor shall— (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;- (2) Supplies shall be delivered to the destination consignee1 's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The G overnment shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the G overnment acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National M otor Freight Classification for "heavy or bulky freight." W hen supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee-. (1 ) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. (End of Clause) P A GE 16 OF 59 H H M40 2-0 8-C-0 0 72 SECTION I CONTRACT CLAUSES I.l 252.203-7000 {252.203-7000) [R ESER VED] 1 .2 252.203-7001 PR O HIBITIO N O N PER SO NS CO NVICTED O F FR A U D O R O THER DEFENSE-CO NTR A CT-R ELA TED FELO NIES (DEC 2004) (a) "Definitions." A s used in this clause— (1 ) "A rising out of a contract with the DoD" means any act in connection with— (i) A ttempting to obtain; (ii) .O btaining; or (Hi) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of Defense CQ opj -. (2) "Conviction, of fraud or any other felony" means any conviction far fraud or a felony in- violation, of state'dr Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which- sentence has been imposed. (3) "Date of conviction" means the date judgment was entered against the individual.. (2) O ri the- beard of directors of the Contractor; (3) A s a consultant., agent, or ■rfepre.sehta.tive for the (b) A ny individual who is convicted after September 29, 1 988, of fraud or any other felony arising out of a contract with the DoD is prohibited .from serving— (1 ) In .a management or supervisory capacity on this contract; Contractor; or (4) In any other capacity with the authority to influence, advise, or control the decisions of -the Contractor, with paragraph (b) of this clause; .or .the- contractor or first-tier subcontractor. ■regard' -to this contract. (c) U nless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the- .date of -.conviction. (d) 1 0 U .S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 -if -convicted of knowingly-- (.1 ) Employing a person under a prohibition specified in (2) A llowing such a person to serve on the board of directors of (e) In addition to the criminal penalties contained in 1 0 U .S.C. 2408, the G overnment may consider dthei available remedies, such as — (f) The Contractor may submit written requests for waiver of the prohibition in paragraph (b) of this clause to the Contracting O fficer. R equests shall clearly identify-- (1 ) Suspension or debarment; (2) Cancellation of the contract at no cost to the G overnment; or (.3) Termination of the contrast for default. (1 ) The person involved; (2) The nature of the conviction, and resultant sentence O r (4) A n .explanation' -of why a waiver is 'in the interest of punishment imposed; (3) The reasons for the requested waiver; and national security, (g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and relationship of the parties, in all first-tier subcontracts exceeding simplified acquisition threshold in Part 2 of the Federal A cquisition R egulation, except those for commercial items or components.. (h) Pursuant to 1 0 U .S.C. 2408(c), defense contractors and subcontractors may obtain information as to whether a particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by contacting The O ffice of Justice Programs, The Denial of Federal Benefits O ffice, U .S. Department of Justice, telephone (301 ) 809-4904. (End of clause) 1 .3 252.205-7000 PR O VISIO N O F INFO R M A TIO N TO CO O PER A TIVE A G R EEM ENT HO LDER S (DEC 1 991 ) (a) "Definition." "Cooperative agreement holder" means a State or local government; a private, nonprofit organization; a tribal organization (as defined in section 4(c) of the Indian Self- P A GE17OF 59 H H M40 2-0 8-C-0 0 72 Determination and Education A ssistance A ct (Pub. L. 93-268; 25 U .S.C. 450(c))); or an economic enterprise (as defined in section 3(e) of the Indian Financing A ct of 1 974 (Pub. L. 93-362; 25 U .S.C. 1 452(e))) whether such economic enterprise is organized for profit or nonprofit purposes; which has an agreement with the Defense Logistics A gency to furnish procurement technical assistance to business entities. (End- of clause) (b) The Contractor shall provide cooperative agreement holders, upon their request, with a list of those appropriate employees or offices responsible for entering into subcontracts under defense contracts. The list shall include the business address, telephone number, and area of responsibility of each ernploye.e or office. (c) The Contractor need not provide the listing to a particular cooperative agreement holder more frequently" than once a year. 1 .4 252.21 1 -7000 A CQ U ISITIO N STR EA M LINING (DEC 1 991 ) (a) The G overnment's acquisition streamlining objectives are to — (1 ) A cquire systems that meet stated performance requirements; (2) A void over-specification; and (3) Ensure that cost-effective requirements are included in future acquisitions. ffej The- Contractor Shall — (1 ) Prepare and. submit acquisition streamlining recommendations in accordance with the statement cf work of this- contract; and. (2) Format and submit the recommendations as prescribed by data .requirements on the -.contract data requirements list of this contract, (c) The G overnment has the right to accept, modify, or reject the Contractor's recommendations. (d) The Contractor shall insert this clause, including this paragraph (d), in all subcontracts over $1 million, awarded -in the performance of this contract. (End of clause) 1 .5 252.21 1 -7001 A VA ILA BILITY O F SPECIFICA TIO NS, STA NDA R DS, DA TA ITEM DESCR IPTIO NS NO T LISTED IN THE A CQ U ISITIO N STR EA M LINING A ND STA NDA R DIZA TIO N INFO R M A TIO N SYSTEM (A SSIST), A ND PLA NS, DR A W ING S, A ND O THER PER TINENT DO CU M ENTS (M A Y 2006) O fferors may obtain the specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation by submitting a request to: Include the number of the solicitation and the title and number of the specification, standard, plan, drawing, or other pertinent document. (End of provision) 1 .6 252.21 1 7002 A VA ILA BILITY FO R EX A M INA TIO N O F SPECIFICA TIO NS, STA NDA R DS, PLA NS, DR A W ING S, DA TA ITEM DESCR IPTIO NS, A ND O THER PER TINENT DO CU M ENTS (DEC 1 991 ) The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location: (End of provision) 1 .7 252.211-700.3 ITEM IDENTIFICATION AND VALUATION (AUG 2008) (a) "Definitions." A s used in this -clause— (1 ) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique- serial, number within the enterprise identifier; or "Enterprise" means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers .to items.--. "A utomatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. "Concatenated unique item identifier" means— (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. P A GE 18 OF 59 H H M40 2-0 8-C-0 0 72 "Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. "DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. A ll DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html. "DoD unique item identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier, and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier, the original part, lot, or batch number, and the serial number. "Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing ..agency,-. "G overnment's unit acquisition cost" means-­ (1 ) For fixed-price type line, subline, or exhibit line items, the unit price identified in the ■contract at the. time, of delivery; (2) For cost-type or undefinitized line, subLine, or exhibit line items, the Contractor's estimated fully burdened unit cost to the G overnment for each item at the time of delivery; and (3) For items produced under a time-and-mat.erials contract, the Contractor's estimated fully ■burdened- unit .cost t.o -the G overnment at the time' of delivery. "M achine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. "Issuing agency" means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun & Bradstreet's Data U niversal Numbering System (DU NS) Number, G S1 Company Prefix, or Defense Logistics Information System (DLLS) Commercial and G overnment Entity (CA G E) Code). "Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier. "item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts'. "Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical .conditions. "O riginal part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. "Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification! equivalent. "Serial number within the enterprise identifier" or "unique serial number" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. "Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any pthdt like item within a part, lot, or batch number assignment. "Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. "Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, Lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. "U nique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier of a DoD recognized unique identification equivalent. "U nique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.csd.mil/dpap/pdi/uid/uii_types.html. fc): U nique item identifier. (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. (1 ) The Contractor shall provide a unique item identifier for the following: (i) A ll delivered items for which the G overnment's unit acquisition cost is $5,000 or more. (ii) The following items for which the G overnment's unit acquisition cost is less than $5,000; P A GE 19 OF 59 H H M40 2-0 8-C-0 0 72 Contract Line, Subline, or Item Description Exhibit Line Item Number (iii) Subassemblies, components, and parts embedded within delivered items as specified in A ttachment Number (2) The unique item identifier and the component data elements of the DoD unique item identification shall not change over the life of the item. (3) Data syntax and semantics of unique identifiers. The Contractor shall ensure that-- (i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: (A ) A pplication Identifiers (A is) (Format Indicator 05 of ISO /IEC International Standard 1 543-4), in accordance with ISO /IEC International Standard 1 541 8, Information Technology ♦ EA N/U CC A pplication Identifiers and Fact Data Identifiers and M aintenance and A NSI M H 1 0.8.2 Data Identifier and A pplication Identifier Standard, (B) Data Identifiers (Dis) (Format Indicator 06 of ISO /IEC International Standard 1 5434), in accordance with ISO /IEC International Standard 1 541 8, Information Technology # EA N/U CC A pplication Identifiers and Fact Data Identifiers and M aintenance and A NSI M H 1 0.8.2 Data Identifier and A pplication Identifier Standard. (C) Text Element Identifiers (TEIs) (Format Indicator 1 2 of ISO /IEC International Standard 1 5434), in accordance with the A ir Transport A ssociation Common Support Data Dictionary; and (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 1 2 in ISO /IEC International Standard 1 5434, Information Technology # Transfer Syntax for High capacity ■A utomatic 'Data .O aptuf'e M eili. (4) U nique item identifier. (i) The Contractor shall— (1 ) Serialize within the .enterprise identifier; (A ) Determine whether to-- (2) Serialize within the part, lot, or batch number; or (3) O se a DoD recognized unique identification equivalent; and (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, □r batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1 ) of this clause, based on the criteria provided in the version of M IL-STD-1 30, Identification M arking of U .S. M ilitary Property, cited in the contract Schedule. (d) For each item that requires unique item identication under paragraph (c) of this clause, in addition to the information provided as part of the M aterial Inspection and R eceiving R eport specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of, or associated with, the M aterial Inspection and R eceiving R eport, the following information: (.1 ) U nique item identifier-. (2) -U iliqiie' item identifier type. (3) Issuing agency code (if concatenated unique item identifier is used). (4) Enterprise identifier (if concatenated, unique item identifier is used). (5) O riginal part number (if there is serialization within the original part number). (6) Lot or batch number (if there is serialization within the lot or batch number). (7) Current part number (optional and only if not the same as the original part number). (8) Current part number effective date (optional and only if current part number is used). (9) Serial number (if concatenated unique item identifier is used). (1 0) G overnment's- unit acquisition cost. (1 1 ) U nit of measure. (e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c) (l)(iii) of this clause, the Contractor shall report as part of, or associated with, the M aterial Inspection and R eceiving R eport specified elsewhere in this contract, the following information: (1 ) U nique item identifier of the parent item under paragraph (c)(1 ) of this clause that contains the. embedded subassembly, component, or- part. (2) U nique item identifier of the embedded subassembly, component, or part. (3) U nique' item identifier type.++ (ii) The. issuing agency '.Code— (A ) Shall not be placed on the item; and (B) shall be derived from the data qualifier for the enterprise identifier. (4) Issuing agency code (if concatenated unique item identifier is used).++ (5) Enterprise identifier (if concatenated unique item identifier is used).++ P A GE 20 OF 59 H H M40 2-0 8-C-0 0 72 (6) O riginal part number (if there is serialization within the original part number).++ (7) Lot or batch number (if there is serialization within the lot or batch number).++ (8) Current part number (optional and only if not the same as the original part number).++ (9) Current part number effective date (optional and only if current part number is used).++ (1 0) Serial number (if concatenated unique item identifier is used).++ (1 1 ) Description. +4- O nce per item. (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at data_submissian_information.html. http://www.acq.osd.mil/dpap/pdi/uid/ (g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which unique item identification is required in accordance with paragraph (c)(1 ) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s). (End of clause) 1 .8 252.21 1 -7004 A LTER NA TE PR ESER VA TIO N, PA CKA G ING , A ND PA CKING (DEC 1 991 ) (a) The O fferor may submit two unit prices for each item—one based on use of the military preservation, packaging, or packing requirements of the solicitation; and an alternate based on use of commercial or industrial preservation, packaging, or packing of equal or better protection than the military. (b) If the O fferor submits two unit prices, the following information, as a minimum, shall be submitted with the- offer to allow evaluation of the alternate.— (1 ) The per unit/item cost .of commercial -or industrial preservation, packaging,, and packing; (2) The per unit/item cost of military preservation, packaging, arid packing; (3) The description of commercial or industrial preservation, packaging, and packing procedures, including material specifications, when applicable, to include— (i) M ethod of -preservation; (ii) Q uantity per unit package; (Hi) Cleaning/drying treatment; (iv) Preservation treatment; (v) W rapping materials; (vi) Cushioning/dunnage material; (vli) Thickness of cushioning; (viii) U nit container; (lx) U nit package gross weight, and dimensions.; (x) Packing; and (xi) Packing gross weight and dimensions; and (4) Item characteristics, to include— (i) M aterial and finish; (ii.). Net. weight; (i-ii) Net .dimensions; and (iv) Fragility. (c) If the Contracting O fficer does not evaluate or accept the O fferor's proposed alternate commercial or industrial preservation, packaging, or packing, the O fferor agrees to preserve, package, or pack in accordance with the specified military requirements. (End - of provision). 1 .9 252.21 1 -7006 R A DIO FR EQ U ENCY IDENTIFICA TIO N (FEB 2007) (a) Definitions. A s used in this elause- "A dvance shipment notice" means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment. "Bulk commodities" means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, .other bulk wheeled conveyances,- -or pipelines: (1 ) Sand. (2) G ravel. (3) Bulk liquids (water, chemicals, or petroleum products). (4) R eady-mix concrete or similar construction materials. (5) Coal or combustibles such as firewood. (6) A gricultural products such as- seeds, grains, or animal feed. P A GE 21 OF 59 H H M40 2-0 8-C-0 0 72 "Case" means either a M IL-STD-1 29 defined exterior container within a palletized unit load or a M TL-STD-1 29 defined individual shipping container. (2) Beginning M arch 1 , 2007, the only acceptable tags are EPC Class 1 passive R FID tags that meet the EPCglobal Class 1 G eneration 2 specification. Class 0 and Class 1 G eneration 1 tags will no longer be accepted after February 28, 2007. "Electronic Product Code# (EPC)" means an identification scheme for universally identifying physical objects via R FID tags and ether means. The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC tag data standards will define the length and position of this data, without defining its content. "EPCglobal#" means a joint venture between EA N International and the U niform Code Council to establish and support the EPC network as the global standard for immediate, automatic, and accurate identification of any item in the supply chain of any company, in any industry, anywhere in the world. (i) EPC Class 0 passive R FID tags that meet the EPCglobal Class 0 specification; and (ii) EPC Class 1 passive R FID tags that meet the EPCglobal Class 1 specification. This includes both the G eneration 1 and G eneration 2 Class 1 specifications. "Exterior container" means a M IL-STD-1 29 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. A n exterior container may or may not be used as'a shipping container. "Palletized unit load" means a M IL-STD-1 29 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit, a palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. R efer to the Defense Transportation R egulation, DoD 4500.9 R , Part II, Chapter 203, for marking of 4 6 3L System pallets, "Passive R FID tag" means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. (.1 } U ntil February .28, 2007, the oceptable tags are- "R adio Frequency Identification (R FID)* means an automatic identification and data capture technology comprising one or more reader/interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated, inductive or radiating electromagnetic .carriers. (1 ) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive R FID tags, at the case and palletized unit load packaging levels, for shipments of items that- (E) Class- VI - Personal demand items (non-military sales items). "Shipping container" means a M IL-STD-1 29 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and soli.d fiberboard boxes) . ID (i) A re in any of the following classes of supply, as defined in DoD 41 40.1 -R , DoD Supply Chain M ateriel M anagement R egulation, : A PI.1 ,1 1 (A ) Subclass of Class I - Packaged operational rations. (B) Class II - Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment. (C) Class HIP - Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives. (D) Class IV - Construction and barrier materials (A ) Defense Distribution Depot, Susquehanna, PA : DoDA A C W 25G 1 U or SW 31 24; or (F) Subclass of Class VIII - M edical materials (excluding pharmaceuticals, biologicals, and reagents -- suppliers should limit the mixing of excluded and non excluded materials). (G ) Class IX - R epair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical­ peculiar .repair parts:; and (ii) A re being shipped to any of the following locations.: (B) Defense Distribution Depot, San Joaquin, CA : DoDA A C W 62G 2T or SW 3224. (C) Defense Distribution Depot, .A lbany, G A : DoDA A C SW 31 21 . (D) Defense Distribution Depot, A nniston, A L: DoDA A C W 31 G 1 Z or 3W 31 20. (E) Defense Distribution Depot, Barstow, CA : DoDA A C SW 321 5. (F) Defense Distribution Depot, Cherry Point, NC: DoDA A C SW 31 1 3. (G ) Defense Distribution Depot, Columbus, O H: DoDA A C SW 0700. (H) Defense Distribution Depot, Corpus Christi, TX : DoDA A C W 45H08 or SW 3222. P A GE 22 OF 59 H H M4O2-0 8-C-0 O72 (1 } Defense Distribution Depot., Hill, U T: DoDA A C SW 321 0. (Q J Defense Distribution Depot, Tobyhanna, PA : DoDA A C W 25G 1 W or SW 31 1 4. (J) Defense Distribution Depot, Jacksonville, FL: DoDA A C SW 31 22. (K) Defense Distribution Depot, O klahoma City, O K: DoDA A C SW 321 1 . (L) Defense Distribution Depot, Norfolk, VA : DoDA A C SW 31 1 7. (M J Defense Distribution Depot, Puget Sound, W A : DoDA A C SW 321 6. (N) Defense Distribution Depot, R ed R iver, TX : DoDA A C W 45G 1 9 or SW 3227. (0) Defense Distribution Depot, R ichmond, VA : DoDA A C SW 0400. (P) Defense Distribution Depot, San Diego, CA : DoDA A C SW 321 8. (R ) Defense Distribution Depot, W arner R obins, G A : DoDA A C SW 31 1 9. (3) A ir M obility Command Terminal, Charleston A ir Force Base, Charleston, SC: A ir Terminal Identifier Code CHS, (TJ A ir M obility Command Terminal, Naval A ir Station, Norfolk, VA : A ir Terminal Identifier Code NG U . (U ) A ir M obility Command Terminal, Travis A ir Force Base, Fairfield, CA : A ir Terminal Identifier Code SU U .] (V) A location outside the contiguous U nited States when the shipment has been assigned Transportation Priority 1 . (2) The following are excluded from the requirements of paragraph (b) (1 ) of this clause: (i) Shipments-: of bulk commodities. (ii} Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FA R 52.21 301 , Fast Payment Procedures, (c) The Contractor shall ensure that- (1 ) Ensure that the data encoded on each passive R FID tag are unique (i.e., the binary number is never repeated on any and all contracts) and conforms to the requirements in paragraph (d) of this clause; (2) U se passive tags that are readable; and (3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with M IL-STD-1 29 (Section 4.9,2) tag placement specifications. (d) Data syntax and standards. The Contractor shall encode an approved R FID tag using the instructions provided in the EPC# Tag Data Standards in effect at the time of contract award. The EPC# Tag Data Standards are available at .http://www.epcglobalinc.org/standards/ (1 } If the Contractor is an EPCglobal subscriber and possesses a unique EPC# company prefix, the Contractor may use any of the identity types and encoding instructions described in the most recent EPC Tag Data Standards document to encode tags-. (2) If the Contractor chooses to employ the DoD Identity Type, the Contractor shall use its previously assigned Commercial and G overnment Entity (CA G E) Code and shall encode the tags in accordance with the tag identity type details located at / tag_data.htm. If the Contractor uses a third party packaging house to encode its tags, the CA G E code of the third party packaging house is acceptable, http://www.acq.osd.mil/log/rfid (3) R egardless of the selected encoding scheme, the Contractor is responsible for ensuring that each tag contains a globally unique identifier,. (e) R eceiving report. The Contractor shall electronically submit advance shipment notice(s) with the R FID tag identification (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at l/log/rfid/advance_shipment_ntc.htm. http://www.acq.osd.mi (End of clause) 1 ,1 0' 252.21 9-7001 { 25 2'. 21 9-7 001 } [R ESER VED] 1 .1 1 252.-2 1 9-700'2 {252 ,'21 9-7002 } [R ESER VED] 1 .1 2 252.21 9-7003 SM A LL BU SINESS SU BCO NTR A CTING PLA N (DO D CO NTR A CTS) (A PR 2007) This clause supplements the Federal A cquisition R egulation 52.21 9-9, Small Business Subcontracting Plan, clause of this contract. (a) "Definitions." "Historically black colleges and universities," as used in this clause, means institutions determined by the Secretary of Education to meet the requirements of 34 CFR Section 608.2. The term also means any nonprofit research institution that was an integral part of such a college or university before November 1 4, 1 98-6. "M inority institutions," as used in this clause, means institutions meeting the requirements of Section 1 046(3) of the Higher Education A ct of 1 965 (20 U .S.C. 1 1 35d-5(3)). The term also includes Hispanic-serving institutions as defined in Section 31 6(b)(1 ) of such A ct (20 U .S.C. 1 059c (b){1 }). (b) Except for company or division-wide commercial items subcontracting plans, the term "small disadvantaged business," when used in the FA R 52.21 9-9 clause, includes historically black colleges and universities and minority institutions, in addition to small disadvantaged business concerns. P A GE 23 OF 59 H H M40 2-0 B-C-0 0 72 (c) W ork under the contract or its subcontracts shall be credited toward meeting the small disadvantaged business concern goal required by paragraph (d) of the FA R 52.21 9-9 clause when: (1 ) It is performed on Indian lands or in joint venture with an Indian tribe -or a tribally-owned corporation, and (2} It .meets, the requirements, of 1 0 U .S.C. 2323a. the severely handicapped; and (d) Subcontracts awarded to workshops approved by the Committee for Purchase from People W ho are Blind or Severely Disabled (41 U .S.C. 46-48}, may be counted toward the Contractor's small business subcontracting '.goal. (e) A mentor firm, under the Pilot M entor-Protege Program established under Section 831 of Pub. L. 1 01 -51 0, as amended, may count toward its small disadvantaged business goal, subcontracts awarded— (1 ) Protege firms which are qualified organizations employing (2} Former protege, firms that meet, the criteria in Section (End. o.f clause) 831 (g)(4) of Pub. L. 1 01 -51 0. (f) The master plan approval referred to in paragraph (f) of the FA R 52.21 9-9 clause is approval by the Contractor's cognizant contract administration activity. (g) Tn those subcontracting plans which specifically identify small businesses, the Contractor shall notify the A dministrative Contracting O fficer of any substitutions of firms that are not small businesses for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats- shall be acceptable-. 1 .1 3 . 2-5-2.21 9-7005 ,{:252.21 9-7005} (R ESER VED) 1 .1 4 252.21 9-7006 {252.21 9-7006} (R ESER VED) 1 .1 5 252.225-7001 BU Y A M ER ICA N A CT A ND BA LA NCE O F PA YM ENTS PR O G R A M (JU N 2005) (a) "Definitions." A s used in. this- clause— (1 ) "Component" means an article, material, or supply incorporated directly into an end product. (2) "Domestic end product" means-­ (1 ) A n unmanufactured end product that has been mined or produced in the U nited States; or (ii) A n end product, manufactured in the U nited States if the cost of its qualifying country components and its components that are mined, produced, or manufactured in the U nited States exceeds 50 percent of the cost of all its components. The cost of components includes transportation costs to the place of incorporation into the end product and U .S, duty (whether or not a duty-free entry certificate is issued). Scrap generated, collected, and prepared for processing in the U nited States is considered domestic. A component is considered to have been mined, produced, or manufactured in the U nited States (regardless of its source in fact) if the end product in which it is incorporated is manufactured in the U nited States and the component is of a 'class of kind 'for which the G overnment has determined that— (A ) Sufficient and reasonably available commercial quantities of a satisfactory quality ate not mined, produced, or manufactured in the U nited States; O r (4) "Foreign end product" means an end product other than a domestic end product. (B) It is inconsistent with the public interest to apply the restrictions of the Buy A merican A ct. (3) "End product" means those articles, materials, and supplies to be acquired under this contract for public use. (5) "Q ualifying country" means any country set forth in subsection 225.872-1 of the Defense Federal A cquisition R egulation Supplement (DFA R S}. (6) "Q ualifying country component" means a component mined, produced, or manufactured in a qualifying country-. (A ) Components mined, produced, or manufactured in a qualifying country. (7) "Q ualifying, country end product" means-- (i) A n unmanufactured end product mined or produced in a qualifying country; or (ii) A n end product manufactured in a qualifying country if the cost of the following types of {Components exceeds 50 percent of the cost of all its components: (B) Components mined, produced, or manufactured in the U nited States. (C) Components of foreign origin of a class or kind for which the G overnment has determined that sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the U nited States, (b) This clause implements the Buy A merican A ct (41 U .S.C. Section lO a-d). U nless otherwise specified, this clause applies to all line items in the contract. P A GE 24 OF 59 H H M40 2-0 8-C-0 0 72 (c) The Contractor shall deliver only domestic end products unless, in its offer, it specified delivery of other end products in the Buy A merican A ct--Balanue of Payments Program Certificate provision of the solicitation. If the Contractor certified in its offer that it will deliver a qualifying country end product, the Contractor shall deliver a qualifying country end product or, at the Contractor's option, a domestic end. product,. (End of clause) (8) "U nited States" means the .50. states, the- District of Columbia, and outlying, areas. (d) The contract price does net Include duty for end products or components for which the Contractor will claim dirty-free entry. 1 .1 6 252.225-7002 Q U A LIFYING CO U NTR Y SO U R CES A S SU BCO NTR A CTO R S (A PR 2003) (a) "Definition." "Q ualifying country," as used in this clause, means any country set forth in subsection 225.S72-1 of the Defense Federal A cquisition R egulation (FA R ) Supplement. (b) Subject to the restrictions in section 225.872 of the Defense FA R Supplement, the Contractor shall not preclude qualifying country sources or U .S. sources from competing for subcontracts under this contract. (End of clause) 1 .1 7 252.225-7007 PR O HIBITIO N O N A CQ U ISITIO N O F U NITED STA TES M U NITIO NS LIST ITEM S FR O M CO M M U NIST CHINESE. M ILITA R Y' CO M PA NIES (SEP 200?) (a) Definitions. A s used in this clause— "Communist Chinese military company" means any entity that is— (1 ) A part of the commercial or defense industrial base of the People's R epublic of China; or (2) O wned or controlled by, or affiliated with, an element of the G overnment or armed forces of the People's R epublic of China. "U nited States M unitions List" means the munitions list of the International Traffic in A rms R egulation iri 22 CFR Part 1 .21 . (b) A ny supplies or services covered by the U nited States M unitions List that are delivered under this contract may not be acquired, directly or indirectly, from a Communist Chinese military company. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts for items covered by the U nited States M unitions List. (End of clause) 1 .1 8 252.225-701 2 PR EFER ENCE FO R CER TA IN DO M ESTIC CO M M O DITIES (M A R 2008) (a) "Definitions." A s used in this- clause-— (1 ) "Component" means any item supplied to the G overnment as part of an end product or of another component. (2) "End product" means supplies delivered under a line item of this contract. (b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been been grown, reprocessed, reused, or produced in the U nited States, its possessions, or Puerto R ico: (4) Cotton and. other natural fiber products, (1 ) Food. (2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia. (3.) Tents, tarpaulins, or cavers. (5) W oven silk, or woven silk blends. (.6) Spun silk yarn for'cartridge cloth. (7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics. (ii) Does not exceed the simplified acquisition threshold .in FA R Part 2; (8) Canvas products. (9) W ool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). (1 0) A ny item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed in this paragraph (b). (c) This clause- does not apply— P A GE 25 OF 59 H H M40 2-0 8-C-0 0 72 (1 ) To items listed in section 25.1 04(a) of the Federal A cquisition R egulation (FA R ), or other items for which the G overnment has determined that a satisfactory quality and sufficient quantity ■cannot, be acquired as and when needed at U .S., market' prices; (2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool— (i) Is not more than 1 0 percent of the total price of the end product; and (3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives; (ii) The fibers and yarns are para-aramid fibers and yarns manufactured in the Netherlands. (4) To foods that have been manufactured or processed in the U nited States, its possessions, □r Puerto R ico, regardless of where the foods (and any component if applicable) were grown or produced, except that this clause does apply to fish, shellfish, or seafood manufactured or processed in the U nited States and fish, shellfish, or seafood contained in foods manufactured or processed in the U nited States; (5) To chemical warfare protective clothing produced in the countries listed in subsection 225,872-1 of the Defense FA R . Supplement;, or (6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does aPPly to the synthetic or coated synthetic fabric itself), if- - (i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include— (A ) Draperies, floor coverings, furnishings, and bedding (Federal Supply G roup 72, Household and Commercial Furnishings and A ppliances); (B) Items made in whole or in part of fabric in Federal Supply G roup 83, Textile/leather/ furs/apparel/findings/ tents/flags, or Federal Supply G roup 84, Clothing, Individual Equipment and Insignia; (C) upholstered seats (whether for household, office, or other use); and (D) Parachutes (Federal Supply Class 1 670); or (End of clause) 1 .1 9 252.225-701 4 PR EFER ENCE FO R DO M ESTIC SPECIA LTY M ETA LS (JU N 2005) (a) "Definitions." A s' used in this clause— (1 ) "Q ualifying country" means any country listed in subsection 225,372-1 of the Defense Federal A cquisition R egulation Supplement.. (2) "Specialty metals” means — (1 ) Steel — (A ) W ith a maximum alloy content exceeding one or more of the following limits; manganese, 1 .65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or (B) Containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium; (ii) M etal alloys consisting of nickel, iron-nickel, and cobalt base alloys containing a total of other alloying metals (except iron) in excess of 1 0 percent; (i y) Zirconium and aircbhiurri base alloys. (iii) Titanium and titanium alloys; or (b) A ny specialty metals incorporated in articles delivered under this contract shall be melted in the' U nited- States or its O utlying area. (c) This clause does not apply to specialty metals-- (1 ) M elted in a qualifying country or incorporated in an article manufactured in a qualifying country; or (2) Purchased by a subcontractor' at any tier, (End of clause) 1 .20 252.225-701 5 R ESTR ICTIO N O N A CQ U ISITIO N O F HA ND O R M EA SU R ING TO O LS (JU N 2005) Hand or measuring tools delivered under this contract shall be produced in the U nited States or its outlying areas. (End of clause) 1 .21 252.233-7000 {252.233-7000} [R ESER VED] 1 .22 252.242-7002 {252.242-7002} [R ESER VED] 1 .23 252.243-7001 PR ICING O F CO NTR A CT M O DIFICA TIO NS (DEC 1 991 ) W hen costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in FA R Part 31 and DFA l^g^^^^^ ^^^g^ ggi^tgg^ the date of this contract, apply. (End of Clause) 1 .24 52.203-1 {52.203-1 } [R ESER VED! 1 .25 52.203-1 0 PR ICE O R FEE A DJU STM ENT FO R ILLEG A L O R IM PR O PER A CTIVITY (JA N 1 997} (a) The G overnment, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of subsection 27 (a), (b), or (c) of the O ffice of Federal Procurement Policy A ct, as amended (41 U .S.C. 423), as implemented in section 3.1 04 of the FederaJ A cquisition R egulation. (b) The price or fee reduction referred to in paragraph (a) of this clause shall be— (1 ) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award; (2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor” specified in the contract; (3J For.cost—plus-award-fee contracts— (i) The base fee established in the contract at the time of contract award; (ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point. (4) For fixed-price-incentive contracts, the- G overnment my— (i) R educe the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or (5) For firm-fixed-price contracts, by 1 0 percent of the initial contract price or a profit amount determined by the Contracting O fficer from records or documents in existence prior to the date of the contract award. (End of Clause) (ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting O fficer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price. (c) The G overnment may, at its election, reduce a prime contractor''s price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the A ct by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the ■subcontract was first definitively priced.. (d) In addition to the remedies in paragraphs (a) and (c) of this clause, the G overnment may terminate this contract for default. The rights and remedies of the G overnment specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this .contract. 1 .26 52.203-1 2 LIM ITA TIO N O N PA YM ENTS TO INFLU ENCE CER TA IN FEDER A L TR A NSA CTIO NS (SEP 2007) '(■a) Definitions. A s. used in this clause-- "A gency" means "executive agency" as defined in Federal A cquisition R egulation (FA R ) 2.1 01 . "Covered Federal action" means any of the following actions: (1 ) A warding any Federal contract. (2) M aking any Federal grant, (3) M aking .any Federal loan. (4) Entering into any cooperative agreement. "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self­ Determination and Education A ssistance A ct (25 U .S.C. 450b) and include A laskan Natives. (5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a M ember of Congress, an officer or employee of Congress, or an employee of a M ember of Congress in connection with any covered Federal action. P A GE 27 OF 59 H H M40 2-0 B-C-0 0 72 "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "O fficer or employee of an agency" includes the following individuals who are employed by an agency: (1 ) A n individual who is appointed to a position in the G overnment under Title 5, U nited States Code, including a position under a temporary appointment. (2) A member of the uniformed services, as defined in subsection 1 01 [3), Title 37, U nited States Code . (3) A special G overnment employee, as defined in section 202, Title 1 8, U nited. States Code. (4) A n individual who is a member of a Federal advisory committee, as defined by the Federal A dvisory Committee A ct, Title 5, U nited States Code, appendix 2. "R easonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law. "R easonable compensation” means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal G overnment. "R ecipient" includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law. "R egularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 1 30 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. A n officer or employee who is employed by such person for less than 1 30 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 1 30 working days. "State" means a State of the U nited States, the District of Columbia, or an outlying area of the U nited States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers. (c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions.: (b) Prohibition. 31 U .S.C. 1 352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a M ember of Congress, an officer or employee of Congress, or an employee of a M ember of Congress in connection with any covered Federal actions, In accordance with 31 U .S.C. 1 352 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a M ember of Congress, an officer or employee of Congress, or an employee of a M ember of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract. (1 ) The term appropriated funds does not include profit or fee from a covered Federal action. (2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the G overnment will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds. (A l The qualities and characteristics (including individual demonstrations J of the personas products or services, conditions or terms of sale, and service capabilities; or (1 ) A gency and legislative liaison by Contractor employees.. (i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time. (ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern-- (3) O nly those communications and services expressly authorized by paragraphs (c)(1 ) and (2) of this clause are permitted. (B) The application or adaptation of the person#s products or services for an agencySs use. P A GE 28 OF 59 H H M40 2-0 8-C-0 0 72 (iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and (v) M aking capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business A ct, as amended by Pub.. L.. 95-507, and .subsequent amendments. (2) Professional and technical .services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. (ii) A ny reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (iii) A s used in paragraph (c)(2) of this clause, "professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline (for examples,, see FA R 3.803(a) (2) (iii)) . (iv) R equirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and. any other requirements in the actual award documents. (d) Disclosure, (1 ) If the Contractor did not submit O M B Standard Form ILL, Disclosure of Lobbying A ctivities, with its offer, but registrants under the Lobbying Disclosure A ct of 1 995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit O M B Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services. (2) If the Contractor did submit O M B Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FA R 52.203-1 1 , Certification and Disclosure R egarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 1 0 of the O M B Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting O fficer within 30 days an updated disclosure using O M B Standard Form LLL, (1 ) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FA R 52.203-1 1 , Certification and Disclosure R egarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $1 00,000 under this contract. The Contractor or subcontractor that awards the subbofttrapt shall retail! the declaration. (e) Penalties. (1 ) A ny person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U .S.C. 1 352. A n imposition of a civil penalty does not prevent the G overnment from seeking any other remedy that may be applicable. (2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure- form. (f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision. (g) Subcontracts, (2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting O fficer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontr act file of the awarding Contractor. (3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $1 00,000. (End of Clause) P A GE 29 OF 59 H H M40 2-0 8-C-0 0 72 1 .27 52.203-3 G R A TU ITIES (A PR 1 984) (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another fepr esent at ive— (1 ) O ffered ar gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the. G overnment; and (2) intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) of this clause, the G overnment is entitled-- (1 ) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 1 0 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the G overnment provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. (End of Clause) 1 .28 52.203-5 CO VENA NT A G A INST CO NTING ENT FEES (A PR 1 984) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the G overnment shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain G overnment contracts nor holds itself out as being able to obtain any G overnment contract or contracts through improper influence. "Bona fide employee," as used, in this clause, means a person, employed by a contractor and subject to the contractor''s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain G overnment contracts nor holds out as being able to obtain any G overnment contract or contracts through improper influence. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a G overnment contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a G overnment employee or officer to give consideration or to act regarding a G overnment contract on any basis' other than the merits of the matter. (End of Clause) 1 .29 52.203-6 R ESTR ICTIO NS O N SU BCO NTR A CTO R SA LES TO THE G O VER NM ENT (SEP 2006) (a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual cr prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the G overnment of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on 'production' contract. (b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are. otherwise authorized by law or regulation. (c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold. (End of Clause) P A GE 30 OF 59 H H M40 2-0 B-C-0 0 72 1 .30 52.203-7 A NTI-KICKBA CK PR O CEDU R ES (JU L 1 995) (a) "Definitions." "Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to-, a prime contract. (1 ) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract ■entered into in- connection with such prime contract, and. "Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. "Prime contract," as used in this clause, means a contract or contractual action entered into by the U nited States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the. U nited: States.- "Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent ■of .a prime Contractor. "Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "Subcontractor," as used in this clause, (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b)' of this clause. "Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor. (b) The A nti-Kickback A ct of 1 986 (41 U .S.C. 51 -58) (the A ct), prohibits any person from-- (1 ) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, ar attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the U nited States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (c) (1 ) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business-relationships. (2) W hen the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice. (4) The Contracting O fficer may (i) offset the amount of the kickback against any monies owed by the U nited States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting O fficer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the G overnment unless the G overnment has already offset those monies under subdivision (c)(4)(1 ) □f this clause. In either case, the Prime Contractor shall notify the Contracting O fficer when the ■monies are-withheld. (5) The Contractor agrees to incorporate the substance of this clause, including paragraph (c)(5) but excepting paragraph (c)(1 ), in all subcontracts under this contract which exceed $1 00,000. (End of Clause) 1 .31 52.203-9 {52.203-9} [R ESER VED] 1 .32 52.209-6 PR O TECTING THE G O VER NM ENT'S INTER EST W HEN SU BCO NTR A CTING W ITH CO NTR A CTO R S DEBA R R ED, SU SPENDED, O R PR O PO SED FO R DEBA R M ENT (SEP 2006) P A GE 31 OF 59 H H M40 2-0 B-C-0 0 72 (a) The G overnment suspends or debars Contractors to protect the G overnment’’s interests. The Contractor shall not enter into any subcontract in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. (b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $30,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal G overnment. (c) A corporate officer or a designee of the Contractor shall notify the Contracting O fficer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see far 9.404 for information on the Excluded Parties List System). The notice must include the following: (!')■ The- name of the subcontractor, (2) The Contractor’’s knowledge of the reasons for the subcontractor being in the Excluded Parties List System. (3) The compelling reason (s) for doing business with the subcontractor notwithstanding its inclusion in the .Excluded Parties- List System.. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the G overnment’’s interests when dealing with such subcontractor in view of the specific basis for the party''s debarment, suspension, or proposed debarment. (End of Clause) 1 .33 52.21 5-1 INSTR U CTIO NS TO O FFER O R S—CO M PETITIVE A CQ U ISITIO N (JA N 2004) (a) "Definitions." A s used in. this provision—. "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting O fficer''s discretion, result in the offeror being allowed to revise its proposal. "In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. "Proposal modification" is a change made to a proposal before the solicitation1's closing date and time, or made in response to an amendment, or made to correct a- mistake at any time before award. "Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting O fficer as the result of negotiations. "Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day. (b) "A mendments to solicitations." If this solicitation is amended, all terms and conditions that are not amended remain unchanged. O fferors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). (c) "Submission, modification, revision, and withdrawal of proposals." (1 ) U nless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed .envelopes' -or packages (iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. O fferors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c) (1 ) (i) and (c) (1 ) (1 1 ) of this ■provision. (2) The first, page cf the proposal must show— (i) The solicitation number; (ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic ■address if available); (iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’'s behalf with the G overnment in connection with this sb licit at ion; and (v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent''s authority, unless that evidence has been ■.previously- furnished, to. the issuing office. (3) "Submission, modification, revision, and withdrawal of proposals." (i) O fferors are responsible for submitting proposals, and any modifications or revisions, so as to reach the G overnment office designated in the solicitation by the time specified in the P A GE 32 OF 59 H H M40 2-0 S -C-0 0 72 solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated G overnment office on the date that proposal or revision is due. (ii) (A ) A ny proposal, modification, or revision received at the G overnment office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting O fficer determines that accepting the late offer would not unduly delay the acquisition; and— (1 ) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the G overnment infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) There is acceptable evidence to establish that it was received at the G overnment installation designated for receipt of offers and was under the G overnment''s control prior to the time set for receipt of offers; or (4 J U nless otherwise specified in the solicitation, the offeror may propose to provide any item .or combination of items. (3) It is the only proposal received. (B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the G overnment, will be considered at any time it is received and may be accepted. (iii) A cceptable evidence to establish the time of receipt at the G overnment installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of G overnment personnel. (iv) If an emergency or unanticipated event interrupts normal G overnment processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent G overnment requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to he extended to the same time of day specified in the solicitation on the first work day on which normal G overnment processes resume. (v) Proposals may be withdrawn by written notice received at any time before award. O ral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.21 5-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award. (5) O fferors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U .S. dollars, unless the provision at FA R 52.225-IT, Evaluation of Foreign Currency O ffers, is included in the solicitation. (6) O fferors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. (7) O fferors may submit revised proposals only if requested or allowed by the Contracting O fficer. (8) Proposals may be withdrawn at any time before award. W ithdrawals are effective upon receipt of notice by the Contracting officer, U se or disclosure of data contained on this sheet is subject to the restriction on the title page -of this proposal, (d) "O ffer expiration date." Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by ■the offeror) . (e) "R estriction on disclosure and use of data." O fferors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the G overnment except for evaluation purposes, shall-- (-1 ) M ark the title page with the following legend: Thia proposal includes data that shall not be disclosed outside the G overnment and shall not be duplicated, used, or disciosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with the submission of this data, the G overnment shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the G overnment''s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and (2) M ark each sheet of data it wishes to restrict with the following legend: (f) "Contract award." P A GE 33 OF 59 H H M40 2-0 8-C-0 0 72 (1 ) The G overnment intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation. (2) The G overnment may reject any or all proposals if such action is in the G overnment''s interest. (3) The G overnment may waive informalities and minor irregularities in proposals received. (7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by.the G overnment. (4) The G overnment intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in far 1 5.306(a)). Therefore, the offeror''s initial proposal should contain the offeror''s best terms from a cost or price and technical standpoint. The G overnment reserves the right to conduct discussions if the Contracting O fficer later determines them to be necessary. If the Contracting O fficer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting O fficer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. (5) The G overnment reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal. (6) The G overnment reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the G overnment'1 s best interest to do. so. (8) The G overnment may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. U nbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting O fficer determines that the lack of balance poses an unacceptable risk tt the ‘G overnment. (9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk. (1 0) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party. (1 1 ) If a post-award debriefing is given to requesting offerors, the G overnment shall disclose ■the following information', it applicable: (i) The agency1 's evaluation of the significant weak or deficient factors in the debriefed offeror''s offer. (ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (iii| The overall ranking of all offerors, when any ranking was developed by the agency during source selection, (iv) A summary■of the rationale for award. (v) For acquisitions of commercial items, the make and model of the item to be delivered by Che successful offeror . (vi) R easonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) 1 .34 52.21 6-1 8 O R DER ING (O CT 1 995) (a) A ny supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders, may be- issued from 'through (b) A ll delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the G overnment deposits the order in the mail. O rders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) 1 .3 5 5 2.21 6-1 9 O R DER LIM ITA TIO NS