\[INSERT FORM HERE\]

PART I - THE SCHEDULE\
\
SECTION B\
SUPPLIES OR SERVICES AND PRICES/COSTS

**DEST:Invis_536870913****B.01 [SUPPLIES OR SERVICES AND
PRICES/COSTSDEST:Invis_1073741825]{.underline}**

> DEST:Invis_134221825

\(a\) **[BASIC CONTRACT YEAR]{.underline}** (12-month period). Prices
should include Federal Excise Tax. No substitutes will be accepted in
place of the items described below:

Minimum Maximum Firm Fixed

Item Quantity Quantity Unit\* Price

[Number Description (Rounds) (Rounds) (1000 Rounds)]{.underline}

1 .40 S&W 165gr FMJ 1,000 4,000,000 \_\_\_\_\_\_\_\_

2 .40 S&W Round Nose Frangible Lead Free 1,000 741,000 \_\_\_\_\_\_\_\_

3 .40 S&W 165gr JHP 1,000 750,000 \_\_\_\_\_\_\_\_

4 .40 S&W 180gr FMJ 1,000 750,000 \_\_\_\_\_\_\_\_

5 9mm 115gr JHP 1,000 750,000 \_\_\_\_\_\_\_\_

6 9mm 115gr FMJ 1,000 3,275,000 \_\_\_\_\_\_\_\_

7 9mm FX Modified Marking Cartridge 1,000 500,000 \_\_\_\_\_\_\_\_

8 9mm Round Nose Frangible Lead Free 1,000 725,000 \_\_\_\_\_\_\_\_

9 .38 Special FX Modified Marking Cartridge 1,000 30,000
\_\_\_\_\_\_\_\_

10 .45 ACP 230gr JHP 1,000 150,000 \_\_\_\_\_\_\_\_

11 .45 ACP 230gr FMJ 1,000 500,000 \_\_\_\_\_\_\_\_

12 .45 ACP Round Nose Frangible Lead Free 1,000 100,000 \_\_\_\_\_\_\_\_

13 .223 55gr Pointed Soft Point 1,000 250,000 \_\_\_\_\_\_\_\_

14 .223 55gr FMJ 1,000 3,000,000 \_\_\_\_\_\_\_\_

15 30-06 Caliber 168gr Premium 1,000 27,500 \_\_\_\_\_\_\_\_

Match BTHP

16 12 Gauge 2-3/4\" #00 Buckshot 1,000 50,000 \_\_\_\_\_\_\_\_

17 12 Gauge 2-3/4\" 1 oz Slug 1,000 50,000 \_\_\_\_\_\_\_\_

18 12 Gauge 2-3/4\" #00 Buckshot 9 Pellets 1,000 50,000 \_\_\_\_\_\_\_\_

Reduced Recoil Load

19 12 Gauge 2-3/4, #7½ Light Target Load 1,000 100,000 \_\_\_\_\_\_\_\_

20 5.56mm Ball Belted or M855 Ball Linked 1,000 500,000 \_\_\_\_\_\_\_\_

(Machine Gun Ammo)

21 40mm T/P Rounds, M781 equivalent 1,000 15,000 \_\_\_\_\_\_\_\_

\*A unit is defined as 1,000 rounds

**B.02 [OPTION TO EXTEND THE DURATION OF THE CONTRACT]{.underline}**

The period of performance of this contract may be extended, at the
unilateral discretion of the Government, by the Contracting Officer
giving written preliminary notice of extension to the contractor within
the period specified in this contract and at least 30 days prior to
contract expiration. The preliminary notice does not commit the
Government to such an extension. The total duration of this contract,
including the exercise of all options stated under this clause, shall
not exceed five years. If the Government exercises any option hereunder,
the modified contract, as extended by the exercised option, shall be
deemed to include this option clause. All contractual terms and
conditions shall apply during the option period. Furthermore, the
contractor agrees that performance under any exercised option shall be
accomplished within the following prices:

\(a\) **[FIRST OPTION YEAR]{.underline}** (12-month period). Prices
should include Federal Excise Tax. No substitutes will be accepted in
place of the items described below:

Minimum Maximum Firm Fixed

Item Quantity Quantity Unit\* Price

[Number Description (Rounds) (Rounds) (1000 Rounds)]{.underline}

1 .40 S&W 165gr FMJ 1,000 4,000,000 \_\_\_\_\_\_\_\_

2 .40 S&W Round Nose Frangible Lead Free 1,000 741,000 \_\_\_\_\_\_\_\_

3 .40 S&W 165gr JHP 1,000 750,000 \_\_\_\_\_\_\_\_

4 .40 S&W 180gr FMJ 1,000 750,000 \_\_\_\_\_\_\_\_

5 9mm 115gr JHP 1,000 750,000 \_\_\_\_\_\_\_\_

6 9mm 115gr FMJ 1,000 3,275,000 \_\_\_\_\_\_\_\_

7 9mm FX Modified Marking Cartridge 1,000 500,000 \_\_\_\_\_\_\_\_

8 9mm Round Nose Frangible Lead Free 1,000 725,000 \_\_\_\_\_\_\_\_

9 .38 Special FX Modified Marking Cartridge 1,000 30,000
\_\_\_\_\_\_\_\_

10 .45 ACP 230gr JHP 1,000 150,000 \_\_\_\_\_\_\_\_

11 .45 ACP 230gr FMJ 1,000 500,000 \_\_\_\_\_\_\_\_

12 .45 ACP Round Nose Frangible Lead Free 1,000 100,000 \_\_\_\_\_\_\_\_

13 .223 55gr Pointed Soft Point 1,000 250,000 \_\_\_\_\_\_\_\_

14 .223 55gr FMJ 1,000 3,000,000 \_\_\_\_\_\_\_\_

15 30-06 Caliber 168gr Premium 1,000 27,500 \_\_\_\_\_\_\_\_

Match BTHP

16 12 Gauge 2-3/4\" #00 Buckshot 1,000 50,000 \_\_\_\_\_\_\_\_

17 12 Gauge 2-3/4\" 1 oz Slug 1,000 50,000 \_\_\_\_\_\_\_\_

18 12 Gauge 2-3/4\" #00 Buckshot 9 Pellets 1,000 50,000 \_\_\_\_\_\_\_\_

Reduced Recoil Load

19 12 Gauge 2-3/4, #7½ Light Target Load 1,000 100,000 \_\_\_\_\_\_\_\_

20 5.56mm Ball Belted or M855 Ball Linked 1,000 500,000 \_\_\_\_\_\_\_\_

(Machine Gun Ammo)

21 40mm T/P Rounds, M781 equivalent 1,000 15,000 \_\_\_\_\_\_\_\_

\*A unit is defined as 1,000 rounds

**[DEST:Invis_1073741825]{.underline}**

> DEST:Invis_134221825

\(a\) **[SECOND OPTION YEAR]{.underline}** (12-month period). Prices
should include Federal Excise Tax. No substitutes will be accepted in
place of the items described below:

Minimum Maximum Firm Fixed

Item Quantity Quantity Unit\* Price

[Number Description (Rounds) (Rounds) (1000 Rounds)]{.underline}

1 .40 S&W 165gr FMJ 1,000 4,000,000 \_\_\_\_\_\_\_\_

2 .40 S&W Round Nose Frangible Lead Free 1,000 741,000 \_\_\_\_\_\_\_\_

3 .40 S&W 165gr JHP 1,000 750,000 \_\_\_\_\_\_\_\_

4 .40 S&W 180gr FMJ 1,000 750,000 \_\_\_\_\_\_\_\_

5 9mm 115gr JHP 1,000 750,000 \_\_\_\_\_\_\_\_

6 9mm 115gr FMJ 1,000 3,275,000 \_\_\_\_\_\_\_\_

7 9mm FX Modified Marking Cartridge 1,000 500,000 \_\_\_\_\_\_\_\_

8 9mm Round Nose Frangible Lead Free 1,000 725,000 \_\_\_\_\_\_\_\_

9 .38 Special FX Modified Marking Cartridge 1,000 30,000
\_\_\_\_\_\_\_\_

10 .45 ACP 230gr JHP 1,000 150,000 \_\_\_\_\_\_\_\_

11 .45 ACP 230gr FMJ 1,000 500,000 \_\_\_\_\_\_\_\_

12 .45 ACP Round Nose Frangible Lead Free 1,000 100,000 \_\_\_\_\_\_\_\_

13 .223 55gr Pointed Soft Point 1,000 250,000 \_\_\_\_\_\_\_\_

14 .223 55gr FMJ 1,000 3,000,000 \_\_\_\_\_\_\_\_

15 30-06 Caliber 168gr Premium 1,000 27,500 \_\_\_\_\_\_\_\_

Match BTHP

16 12 Gauge 2-3/4\" #00 Buckshot 1,000 50,000 \_\_\_\_\_\_\_\_

17 12 Gauge 2-3/4\" 1 oz Slug 1,000 50,000 \_\_\_\_\_\_\_\_

18 12 Gauge 2-3/4\" #00 Buckshot 9 Pellets 1,000 50,000 \_\_\_\_\_\_\_\_

Reduced Recoil Load

19 12 Gauge 2-3/4, #7½ Light Target Load 1,000 100,000 \_\_\_\_\_\_\_\_

20 5.56mm Ball Belted or M855 Ball Linked 1,000 500,000 \_\_\_\_\_\_\_\_

(Machine Gun Ammo)

21 40mm T/P Rounds, M781 equivalent 1,000 15,000 \_\_\_\_\_\_\_\_

> DEST:Invis_134221825

\(a\) **[THIRD OPTION YEAR]{.underline}** (12-month period). Prices
should include Federal Excise Tax. No substitutes will be accepted in
place of the items described below:

Minimum Maximum Firm Fixed

Item Quantity Quantity Unit\* Price

[Number Description (Rounds) (Rounds) (1000 Rounds)]{.underline}

1 .40 S&W 165gr FMJ 1,000 4,000,000 \_\_\_\_\_\_\_\_

2 .40 S&W Round Nose Frangible Lead Free 1,000 741,000 \_\_\_\_\_\_\_\_

3 .40 S&W 165gr JHP 1,000 750,000 \_\_\_\_\_\_\_\_

4 .40 S&W 180gr FMJ 1,000 750,000 \_\_\_\_\_\_\_\_

5 9mm 115gr JHP 1,000 750,000 \_\_\_\_\_\_\_\_

6 9mm 115gr FMJ 1,000 3,275,000 \_\_\_\_\_\_\_\_

7 9mm FX Modified Marking Cartridge 1,000 500,000 \_\_\_\_\_\_\_\_

8 9mm Round Nose Frangible Lead Free 1,000 725,000 \_\_\_\_\_\_\_\_

9 .38 Special FX Modified Marking Cartridge 1,000 30,000
\_\_\_\_\_\_\_\_

10 .45 ACP 230gr JHP 1,000 150,000 \_\_\_\_\_\_\_\_

11 .45 ACP 230gr FMJ 1,000 500,000 \_\_\_\_\_\_\_\_

12 .45 ACP Round Nose Frangible Lead Free 1,000 100,000 \_\_\_\_\_\_\_\_

13 .223 55gr Pointed Soft Point 1,000 250,000 \_\_\_\_\_\_\_\_

14 .223 55gr FMJ 1,000 3,000,000 \_\_\_\_\_\_\_\_

15 30-06 Caliber 168gr Premium 1,000 27,500 \_\_\_\_\_\_\_\_

Match BTHP

16 12 Gauge 2-3/4\" #00 Buckshot 1,000 50,000 \_\_\_\_\_\_\_\_

17 12 Gauge 2-3/4\" 1 oz Slug 1,000 50,000 \_\_\_\_\_\_\_\_

18 12 Gauge 2-3/4\" #00 Buckshot 9 Pellets 1,000 50,000 \_\_\_\_\_\_\_\_

Reduced Recoil Load

19 12 Gauge 2-3/4, #7½ Light Target Load 1,000 100,000 \_\_\_\_\_\_\_\_

20 5.56mm Ball Belted or M855 Ball Linked 1,000 500,000 \_\_\_\_\_\_\_\_

(Machine Gun Ammo)

21 40mm T/P Rounds, M781 equivalent 1,000 15,000 \_\_\_\_\_\_\_\_

\*A unit is defined as 1,000 rounds

\(a\) **[FOURTH OPTION YEAR]{.underline}** (12-month period). Prices
should include Federal Excise Tax. No substitutes will be accepted in
place of the items described below:

Minimum Maximum Firm Fixed

Item Quantity Quantity Unit\* Price

[Number Description (Rounds) (Rounds) (1000 Rounds)]{.underline}

1 .40 S&W 165gr FMJ 1,000 4,000,000 \_\_\_\_\_\_\_\_

2 .40 S&W Round Nose Frangible Lead Free 1,000 741,000 \_\_\_\_\_\_\_\_

3 .40 S&W 165gr JHP 1,000 750,000 \_\_\_\_\_\_\_\_

4 .40 S&W 180gr FMJ 1,000 750,000 \_\_\_\_\_\_\_\_

5 9mm 115gr JHP 1,000 750,000 \_\_\_\_\_\_\_\_

6 9mm 115gr FMJ 1,000 3,275,000 \_\_\_\_\_\_\_\_

7 9mm FX Modified Marking Cartridge 1,000 500,000 \_\_\_\_\_\_\_\_

8 9mm Round Nose Frangible Lead Free 1,000 725,000 \_\_\_\_\_\_\_\_

9 .38 Special FX Modified Marking Cartridge 1,000 30,000
\_\_\_\_\_\_\_\_

10 .45 ACP 230gr JHP 1,000 150,000 \_\_\_\_\_\_\_\_

11 .45 ACP 230gr FMJ 1,000 500,000 \_\_\_\_\_\_\_\_

12 .45 ACP Round Nose Frangible Lead Free 1,000 100,000 \_\_\_\_\_\_\_\_

13 .223 55gr Pointed Soft Point 1,000 250,000 \_\_\_\_\_\_\_\_

14 .223 55gr FMJ 1,000 3,000,000 \_\_\_\_\_\_\_\_

15 30-06 Caliber 168gr Premium 1,000 27,500 \_\_\_\_\_\_\_\_

Match BTHP

16 12 Gauge 2-3/4\" #00 Buckshot 1,000 50,000 \_\_\_\_\_\_\_\_

17 12 Gauge 2-3/4\" 1 oz Slug 1,000 50,000 \_\_\_\_\_\_\_\_

18 12 Gauge 2-3/4\" #00 Buckshot 9 Pellets 1,000 50,000 \_\_\_\_\_\_\_\_

Reduced Recoil Load

19 12 Gauge 2-3/4, #7½ Light Target Load 1,000 100,000 \_\_\_\_\_\_\_\_

20 5.56mm Ball Belted or M855 Ball Linked 1,000 500,000 \_\_\_\_\_\_\_\_

(Machine Gun Ammo)

21 40mm T/P Rounds, M781 equivalent 1,000 15,000 \_\_\_\_\_\_\_\_

\*A unit is defined as 1,000 rounds.

**B.03 [PRICING OF DELIVERY]{.underline}**

Estimated ordering requirements for FY2003 through FY2008 have been
provided to give all contractors an equal estimate in figuring Free on
Board (F.O.B.) Destination for proposal purposes.

# B.04 ORDER PROCEDURES

> \(a\) Delivery orders, DOE For PR-103b, Optional Form 347/348 and
> Purchasing forms from approved DOE contractors will be placed against
> this contract by the authorized DOE and DOE contractor sites\'
> contained in Section B.06 for the items specified in Section B.01 and
> B.02. This constitutes the contractor\'s only basis of remuneration
> for such orders as required under this contract.
>
> \(b\) Purchasing forms from approved DOE contractors as listed in
> Section B.06 will comply with the terms and conditions of this
> contract. All preprinted forms, terms, and conditions not in
> accordance with this contract will be void.

## B.05 MINIMUM/MAXIMUM DELIVERY ORDER LIMITATIONS

> \(a\) The Contractor will not be obligated to make any delivery
> amounting to less than one case (standard commercial pack) per line
> item, but such deliveries may be ordered by the Government subject to
> acceptance by the Contractor. Failure on the part of the Contractor to
> return the order by mailing or otherwise furnishing it to the ordering
> office within ten (10) working days after receipt shall constitute
> acceptance whereupon all other provisions of this contract shall apply
> to such order.
>
> \(b\) The Contractor shall not be obligated to honor in excess of
> fifteen percent (15%) above the total estimated quantity per line item
> as specified in this contract.
>
> \(c\) Notwithstanding the foregoing, the Contractor shall honor any
> delivery order received which exceeds the maximum limitation set for
> the above unless the order or orders which exceed the maximum
> limitation are returned to the issuing office within ten (10) working
> days from the date of issue thereof, together with a written notice of
> the intent not to make shipment of the items called for and the
> reasons therefore. Upon receipt of this notice, the Government may
> secure the supplies from another source.
>
> \(d\) The Government is not required to order a part of any one
> requirement from the Contractor when such requirement exceeds the
> maximum limitation set forth in (a) above.

## 

## 

## B.06 DELIVERY ORDER AUTHORIZATION

> \(a\) The following listing of DOE and DOE contractor sites and their
> addresses has been approved by the DOE Contracting Officer. Delivery
> orders will only be placed by the contracting offices of the approved
> DOE and DOE contractor sites.

DOE Sites Authorized to Issue Delivery Orders:

### Federal Offices

HEADQUARTERS (HQ)

US Department of Energy

Headquarters Procurement Operations

Attn: Contracting Officer, HR-531

1000 Independence Avenue, SW

Washington, DC 20585

ALBUQUERQUE OPERATIONS OFFICE (AL)

US Department of Energy

Albuquerque Operations Office

Attn: Contracting Officer, CPD

PO Box 5400

Albuquerque, NM 87185-5400

US Department of Energy

Amarillo Area Office

PO Box 30030

Amarillo, TX 79102-0030

US Department of Energy

Kansas City Area Office

2000 E. 95th Street

Kansas City, MO 64131-3095

US Department of Energy

Los Alamos Area Office

528 35th Street

Los Alamos, NM 87544

CHICAGO OPERATIONS OFFICE (CH)

US Department of Energy

Chicago Operations Office

9800 South Cass Avenue

Argonne, IL 60439

US Department of Energy

Brookhaven Area Office

Building 464

53 Bell Avenue

Upton, NY 11973

IDAHO OPERATIONS OFFICE (ID)

US Department of Energy

Idaho Operations Office

785 DOE Place

Idaho Falls, ID 83402

NAVAL REACTORS

US Department of Energy

Pittsburgh Naval Reactors Office

PO Box 109

West Mifflin, PA 15122-0109

US Department of Energy

Schenectady Naval Reactors Office

PO Box 1069

Schenectady, NY 12301-1069

NEVADA OPERATIONS OFFICE (NV)

US Department of Energy

Nevada Operations Office

PO Box 98518

Las Vegas, NV 89193-8518

US Department of Energy

Nevada Test Site

PO Box 296

Mercury, NV 89023

OAKLAND OPERATIONS OFFICE (OAK)

US Department of Energy

Oakland Operations Office

P. O. Box 808

Livermore, CA 94551

OAK RIDGE OPERATIONS OFFICE (OR)

US Department of Energy

Oak Ridge Operations Office

PO Box 2001

Oak Ridge, TN 37831

OHIO FIELD OFFICE (OH)

US Department of Energy

Ohio Field Office

PO Box 3020

Miamisburg, OH 45343-3020

RICHLAND OPERATIONS OFFICE (RL)

US Department of Energy

Richland Operations Office

825 Jadwin Ave.

PO Box 550

Richland, WA 99352

ROCKY FLATS OFFICE (RFO)

US Department of Energy

Rocky Flats Office

PO Box 928

Golden, CO 80401

SAVANNAH RIVER OPERATIONS OFFICE (SR)

US Department of Energy

Savannah River Operations Office

PO Box A

Aiken, SC 29802

STRATEGIC PETROLEUM RESERVE OFFICE

US Department of Energy

Strategic Petroleum Reserve Office

Project Office

900 Commerce Road East

New Orleans, LA 70123

### Contractor Offices

ALBUQUERQUE OPERATIONS OFFICE (AL)

Kansas City Division

Allied Signal Aerospace Co.

PO Box 419159

Kansas City, MO 64141-6159

Los Alamos National Laboratory

Protection Technology Los Alamos

Attn: Contract Administrator, PTLA

PO Box 1400

Los Alamos, NM 87544

Pantex Plant

Mason & Hanger-Silas Mason Co., Inc.

Attn: Procurement Department, Buyer

PO Box 30020

Amarillo, TX 79177

Sandia National Laboratories-California

Sandia Contracting Representatives

PO Box 969

Livermore, CA 94551-0969

Sandia National Laboratories-New Mexico

PO Box 5800

Albuquerque, NM 87185-5800

Sandia National Laboratories-Tonopah

Tonopah Test Range

PO Box 1072

Tonopah, NV 89049

CHICAGO OPERATIONS OFFICE (CH)

Argonne National Laboratory - East

9700 South Cass Avenue

Argonne, IL 60439

Brookhaven National Laboratory

Building 355

50 Brookhaven Avenue

Upton, NY 11973-5000

CENTRAL TRAINING ACADEMY (CTA)

Central Training Academy

Wackenhut Services Incorporated

PO Box 18041, KAFB

Albuquerque, NM 87185

IDAHO OPERATIONS OFFICE (ID)

Argonne National Laboratory - West

Idaho Site

PO Box 2528

Idaho Falls, ID 83403-2528

Idaho National Engineering Laboratory

P.O. Box 1625

Idaho Falls, ID 83415

Lockheed Idaho Technologies Company

Accounts Payable Section

PO Box 1625

Idaho Falls, ID 83415-1625

West Valley Nuclear Services, Inc.

PO Box 191

West Valley, NY 14171

PITTSBURGH NAVAL REACTORS

Attn: Buyer, Laboratory Supplies and Rentals

PO Box 79

West Mifflin, PA 15122-0079

Bettis Atomic Power Laboratory

Westinghouse Electric Corporation

Naval Reactors Facility

Attn: Managers, Materials and Rental

Purchasing

PO Box 2068

Idaho Falls, ID 83403-2068

SCHENECTADY NAVAL REACTORS

Knolls Atomic Power Laboratory

Martin Marietta

Attn: Purchasing Department, Buyer

PO Box 1072

Schenectady, NY 12301

NEVADA OPERATIONS OFFICE (NV)

Wackenhut Services, Inc.

2950 South Highland Drive-Suite E

Las Vegas, NV 89109

OAKLAND OPERATIONS OFFICE (OAK)

University of California

Lawrence Livermore National Laboratory

Site 300 L-818

Corral Hollow Road

Tracy, CA 95376

OAK RIDGE OPERATIONS OFFICE (OR)

Oak Ridge National Laboratories

Martin Marietta Energy Systems, Inc.

Attn: Procurement Division

P.O. Box 2002

Oak Ridge, TN 37831-6501

Portsmouth Gaseous Diffusion Plant

Martin Marietta Energy Systems, Inc.

Attn: Purchasing Department, Buyer

PO Box 700

Piketon, OH 45661

Paducah Gaseous Diffusion Plant (K-25)

Martin Marietta Energy Systems, Inc.

Attn: Specialty Buyer, Purchasing

PO Box 1410

Paducah, KY 42002

RICHLAND OPERATIONS OFFICE (RL)

Westinghouse Hanford Company

General Site Support Procurement

Attn: Procurement Specialist

PO Box 1970

Richland, WA 99352

ROCKY FLATS OFFICE (RFO)

EG&G Rocky Flats, Inc.

Rocky Flats Plant

Procurement, Building 051

PO Box 464

Golden, CO 80402

SAVANNAH RIVER OPERATIONS OFFICE (SR)

Wackenhut Services, Inc.

Savannah River Plant

Attn: Accounting Department

PO Drawer W

Aiken, SC 29802

STRATEGIC PETROLEUM RESERVE OFFICE

DynMcDermott Petroleum Opns Co.

POC: Deborah Hof, PMS-EF-42

850 S. Clearview Parkway

New Orleans, LA 70123

**SECTION C**\
\
**DESCRIPTION/SPECIFICATIONS/WORK STATEMENT**

> **[DEST:Invis_536870913C.01 SPECIFICATIONSDEST:Invis_1073741825\
> ]{.underline}**

Reference Contract Section J, Attachment II.

> **SECTION D**\
> \
> **PACKAGING AND MARKING**

**[D.01 PACKAGING]{.underline}**

\(a\) Packaging of ammunition will conform with the following
requirements of 49 CFR, Federal Motor Carrier Safety Regulations:

> \(1\) Part 172 Subpart B, Hazardous Materials Tables

\(2\) Part 173, General Requirements for Shipping and Packaging

\(3\) Part 173 Subpart C, Classification and Packaging of Class 1

Shipping containers for ammunition will comply with Performance

> Oriented Packaging (POP) requirements of 49 CFR Part 173 Subpart C for
>
> Class 1 explosives.

\(b\) Where special or unusual packaging and/or packing is specified on
an order,

> but not specifically provided for by contract, such packaging/packing
> details
>
> must be the subject of an agreement independently arrived at between
> the
>
> ordering activity and the contractor. At the point that these special
>
> requirements place costs above the agreed to per-unit cost, the
> contractor
>
> and requesting DOE site must obtain approval from the Contracting
> Officer.

# D.02 MARKING

Marking/labeling/placarding of ammunition will conform with the
following requirements of 49 CFR, Federal Motor Carrier Safety
Regulations:

> \(1\) Part 172.Subpart B, Hazardous Materials (HazMat) Tables
>
> \(2\) Part 172, Subpart D, Marking
>
> \(3\) Part 172 Subpart E, Labeling
>
> \(4\) Part 172 Subpart F, Placarding

\(a\) Each shipment of ammunition will be accompanied by shipping
documents

> which include, at a minimum, the following information (refer to 49
> CFR
>
> Subpart B, HazMat Tables, and Subpart C, Shipping Papers):

\(1\) Proper shipping name

\(2\) Hazard Class/Division

\(3\) UN or NA Identification Number

\(4\) Packing Group

\(5\) Total Quantity (weight or volume)

\(6\) If exempt, show \"DOT-E\" and exemption number

\(7\) DOT Explosives Number

\(8\) 24-hour emergency number

\(9\) Certification

All entries will be in English, description will be in proper order,

codes/abbreviations will not be used, the name of the shipper must be on
the

document, and multiple pages will be indicated; e.g., \"1 of 4.\"

\(b\) Each shipment of ammunition will be accompanied by a packing slip
which

will include:

> \(1\) Name/address of consignor
>
> \(2\) Name/address of consignee
>
> \(3\) Contract and Delivery Order number
>
> \(4\) Item number and description of material shipped
>
> \(5\) Lot number of each item
>
> \(6\) Quantity of each item
>
> \(7\) Number of containers

(8) Package number (if any)

    \(c\) For any package, report, or other deliverable being delivered
    to any party

> other than the Contracting Officer, a copy of the document required in
> (b),
>
> above, shall be simultaneously provided to the office administering
> the
>
> contract as identified in Section G.04, \"Contracting Officer\'s
> Representative
>
> (COR)\" of the contract, or if none, the Contracting Officer.

\(d\) Special Instructions - Exterior Container. Marking of cartons and

> shipping containers will be in accordance with 49 CFR Subpart D,
> Marking,
>
> Subpart E, Labeling, and Subpart F, Placarding. DOT- mandated exterior
>
> markings for non-bulk packaging will consist of the following:
>
> \(1\) Proper shipping name (mandatory)
>
> \(2\) UN or NA ID Number (mandatory)
>
> \(3\) Shipper or receiver address (mandatory)
>
> \(4\) Reportable Quantity (RQ) (if required)
>
> \(5\) ORM-D (if required)
>
> \(6\) Orientation arrows (if required)
>
> \(7\) DOE-E and exemption number (if required)
>
> \(8\) Explosive Number (if required)
>
> Other markings required on surfaces of each carton and exterior
> shipping containers will include nomenclature, quantity,
> manufacturer\'s name, and lot number. Contract number and delivery
> order number will also be marked on the outside surface of each
> exterior shipping container.

**SECTION E**\
\
**INSPECTION, TESTING, AND ACCEPTANCE**

# E.01 INSPECTION

> \(a\) The contractor shall be responsible for carrying out its
> obligations under the contract by controlling the quality of each lot
> of ammunition through an acceptable quality control system. (Ref. DOE
> Order 5700.6C/A1 Quality Assurance Program Implementation; and FAR 48
> CFR Ch. 1, Subpart 46.) Upon contract award, the contractor shall
> provide DOE documentation that it has performed standard ammunition
> inspections and testing. The contractor shall also maintain
> substantiating evidence that each lot of ammunition conforms to
> specifications. The contractor shall maintain inspection and testing
> records for DOE verification. Receiving reports from the contractor
> shall note that the lots of ammunition being shipped have been
> inspected and tested as required. The receiving reports shall provide
> an appropriate reference number of such inspection and test data. The
> contractor shall provide DOE with the aforementioned inspection and
> testing documents for verification by the COR.

(b) Inspection of all items under this contract shall be accomplished by
    the DOE COR or any other authorized personnel, as authorized on the
    delivery order form.

(c) Upon receipt, each shipment shall be physically inspected for
    caliber, quantity, damage, packaging, and marking.

[]{.mark}

# E.02 TESTING

(a) At its option and upon contract award, DOE may randomly select and
    test a lot of ammunition by shipping it to a recognized and
    certified testing laboratory with significant experience in
    ballistics and small arms ammunition testing. The following
    parameters will be measured:

    1.  Conformity of case, bullet, dimensions, and assembly to SAAMI
        specifications;

    2.  Pressure levels;

    3.  Muzzle velocity (low, average, and high muzzle velocity);

    4.  Accuracy to include average spread and extreme spread.

> \(b\) If necessary, DOE shall conduct performance testing as follows:

1.  Designated members of the Nonproliferation and National Security
    Institute (NNSI) Live Firing Range (LFR) staff and/or armorers will
    ensure that the ammunition meet special requirements such as
    functionality, reliability, and accuracy when utilized in the
    appropriate weapons used at approved NNSI training courses. The
    baseline for this portion of the evaluation shall be current
    standard training ammunition with weapons issued from the NNSI
    armory.

2.  The standard required for the ammunition sample shall be to attain
    the same reliability and accuracy as the current training
    ammunition.

3.  The accuracy evaluation will be conducted by firing three five-round
    groups of the current training ammunition from the selected weapon.
    These groups will be documented. The same weapon will be used to
    fire the test lot ammunition in three separate five-round groups on
    the same type of target at the same distance under the same
    conditions. The test lot groups will be documented and compared to
    the current training ammunition.

4.  Pistol ammunition shall be fired at 25 yards and rifle ammunition
    shall be fired at 100 yards.

5.  Any problems encountered during this phase of the performance
    testing with the baseline ammunition and/or the test lot ammunition
    will be documented and analyzed.

6.  A chronograph may be used to determine average muzzle velocities in
    the FPS of the test ammunition if deemed necessary by the DOE COR.

> \(c\) The results of the laboratory and performance testing as
> outlined in paragraphs (a) and (b) of this section will be analyzed
> and a decision made as to whether the ammunition meets DOE's
> requirements.

(d) DOE will maintain a record at each site for each type of ammunition
    that fails the physical inspection. Examples of where ammunition
    fails a physical inspection may be a result of incorrect caliber or
    quantity, visible damage, or improper, incorrect, or inconsistent
    packaging and/or markings.

(e) DOE will maintain records at each site of any bad, defective, or
    non-conforming ammunition detected during use. Examples of bad,
    defective, or non-conforming ammunition during use includes high
    primers, inverted primers, failure to fire, and any other problem
    encountered during use. The records will include the following
    information: manufacture, caliber, lot number, and type of
    malfunction. Each site will submit a copy of this report to the DOE
    COR as identified in Section G.04 of the contract.

# E.03 ACCEPTANCE

Acceptance of all work effort under this contract (including reporting
requirements) shall be accomplished by the DOE Contracting Officer, the
COR, or any other duly-authorized representative.

**SECTION F**

**DELIVERIES OR PERFORMANCE\
**

**[DEST:Invis_536870913]{.underline}****[F.01 PERIOD OF
PERFORMANCEDEST:Invis_1073741825\
]{.underline}**

All work under this contract, including completion of all reports, shall
be completed within one year after the effective date of this contract.
All work under the contract may be extended for four additional one-year
periods in accordance with section B.02, \"Option to Extend the Duration
of the Contract\" for four additional years.

**[F.02 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB
1998)]{.underline}\
**\
This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this/these
address(es):\
\
[http://www.pr.doe.gov/pr6.html]{.underline}CS_3785\
[http://www.arnet.gov/far/]{.underline}CS_3786\
[http://www.pr.doe.gov/dear.html]{.underline}CS_3787

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

> NUMBER DATE TITLE
>
> 52.242-15 AUG 1989 STOP-WORK ORDER
>
> 52.247-34 NOV 1991 F.O.B. DESTINATION

**[DEST:Invis_536870913]{.underline}****[F.03 52.211-16 VARIATION IN
QUANTITY (APR 1984)DEST:Invis_1073741825\
]{.underline}**

\(a\) A variation in the quantity of any item called for by this
contract will not be accepted unless the variation has been caused by
conditions of loading, shipping, or packing, or allowances in
manufacturing processes, and then only to the extent, if any, specified
in paragraph (b) of this clause.

\(b\) The permissible variation shall be limited to:

> [10]{.underline} percent increase
>
> [10]{.underline} percent decrease
>
> This increase or decrease shall apply to each quantity as specified by
> delivery order.

**[DEST:Invis_536870913]{.underline}****[F.04 REQUIRED DELIVERY
SCHEDULEDEST:Invis_1073741825\
]{.underline}**

> The Government requires delivery to be made according to the schedule
> as set forth in the individual Delivery Orders.

# F.05 SHIPMENT ADDRESS

> The contractor shall place a call to each office authorized to receive
> shipments 24 hours prior to shipping. Call number and contact person
> will be specified on each Delivery Order.
>
> Shipments shall be made only to the addresses specified on the
> individual Delivery Orders.

**SECTION G**\
\
**CONTRACT ADMINISTRATION DATA**

**[G.01 CORRESPONDENCE PROCEDURES\
]{.underline}**

> To promote timely and effective administration, correspondence
> submitted under this contract, shall be subject to the following
> procedures:
>
> \(a\) [Technical Correspondence]{.underline}. Technical correspondence
> (as used herein, excludes technical correspondence where patent or
> technical data issues are involved and correspondence which proposes
> or otherwise involves waivers, deviations, or modifications to the
> requirements, terms, or conditions, of this contract) shall be
> addressed to the Contracting Officer\'s Representative, with an
> information copy of the correspondence to the Contracting Officer or
> Contract Specialist.
>
> \(b\) [Other Correspondence]{.underline}. Other than technical
> correspondence shall be addressed to the Contracting Officer, or
> Contract Specialist, with information copies of the correspondence to
> the Contracting Officer\'s Representative and to the Patent Counsel
> (if patent or technical data issues are involved). The contractor
> shall use the Contract Specialist as the focal point of contact.
>
> \(c\) [The DOE Contracting Officer and Contract Specialist\'s
> Address]{.underline}
>
> The Contracting Officer and Contract Specialist\'s name, address, and
> phone number are as follows:
>
> [Contracting Officer]{.underline}\
> \
> Department of Energy\
> Albuquerque Operations Office\
> Contracts and Procurement Division
>
> P.O. Box 5400\
> Pennsylvania & H Streets, Bldg. 20388\
> Albuquerque, NM 87185-5400\
> ATTN: Martha L. Youngblood\
> Telephone Number: (505) 845-4268
>
> [Contract Specialist]{.underline}
>
> Department of Energy
>
> Albuquerque Operations Office
>
> Contracts and Procurement Division
>
> P.O. Box 5400
>
> Pennsylvania & H Streets, Bldg. 20388
>
> Albuquerque, NM 87185-5400
>
> ATTN: Patsy J. Garcia
>
> Telephone Number: (505) 845-6196
>
> [Subject Line(s)]{.underline}. All correspondence shall contain a
> subject line commencing with the contract number, contractor\'s name,
> and topic

[G.02 BILLING INSTRUCTIONS]{.underline}

Purchasing agent and delivery order forms will clearly indicate the
authorized Purchasing Office and Payment Office as authorized in section
B.06. Each authorized ordering site will make payments for its order
within 30 days of receipt.

[G.03 INVOICE REQUIREMENTS]{.underline}

(a) The contractor shall submit the original and two copies of invoices
    to the DOE site on the Delivery Order, and a copy shall be forwarded
    to the COR as identified in G.04.

(b) To constitute a proper invoice, the following information must be
    included:\
    \
    (1) Contract number: [DE-AC04-03AL67842]{.underline}\
    (2) Delivery Order number:
    [\_\_\_\_\_\_\_\_\_\_]{.underline}CS_6598;\
    (3) Contractor name;\
    (4) Date of invoice;\
    (5) Invoice number;\
    (6) Total amount of invoice;\
    (7) Items delivered;

\(8\) Cumulative amount invoiced to date; and

> \(9\) Name, title, phone number, and complete mailing address of
> responsible official to whom payment is to be sent..

#### G.04 THE DOE COR

The contractor shall use the DOE COR as the point of contact on
technical matters:

Albuquerque Operations Office\
P.O. Box 5400\
Albuquerque, NM 87185-5400\
ATTN: Robbie Smith, CTA

Telephone No. (505) 845-5170

**SECTION H**\
\
**SPECIAL CONTRACT REQUIREMENTS**

[H.01 MODIFICATION AUTHORITY\
]{.underline}

> Notwithstanding any of the other provisions of this contract, the
> Contracting Officer shall be the only individual authorized to:
>
> \(a\) accept nonconforming work;
>
> \(b\) waive any requirement of this contract; or
>
> \(c\) modify any terms or conditions of this contract.

**[H.02 INCORPORATION OF REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFEROR\
]{.underline}**

The Representations, Certifications, and Other Statements of Offeror,
completed by the contractor, and dated
[\_\_\_\_\_\_\_\_\_\_]{.underline}CS_7567 (to be completed prior to
award), are hereby incorporated by reference.

H.03 RELEASE OF INFORMATION

> Any proposed public release of information including publications,
> exhibits, or audiovisual productions pertaining to the work called for
> in this contract shall be submitted for approval prior to actual
> printing and distribution. Approval authority is DOE Headquarters
> (HQ), HQ Office of Placement and Administration, Washington, DC.
> Proposed releases are to be submitted to DOE-AL, Office of
> Intergovernmental and External Affairs, Albuquerque, New Mexico,
> 87185. All proposed releases should conform to the requirements of the
> applicable DOE Orders pertaining to the public release of information.

**[DEST:Invis_536870913]{.underline}****[H.04 RESPONSIBILITY OF THE
CONTRACTORDEST:Invis_1073741825\
]{.underline}**

> **T**he contractor shall be responsible for the configuration of
> ammunition ordered under this contract while under the manufacturer\'s
> warranty. The contractor shall coordinate with the manufacturer the
> return of any configuration of ammunition that fails to conform to the
> specifications while under warranty. The contractor shall be
> responsible for the pickup and return of any ammunition that fails to
> conform during the warranty period. The contractor shall provide a
> point of contact for notification purposes.

### **H.05 COMMERCIAL ADVERTISING**

The contractor agrees that his commercial advertisements will not:

> \(a\) Directly or indirectly constitute an endorsement by the DOE or
> any member thereof of the contractor\'s product or service;
>
> \(b\) Indicate or imply in any manner U.S. DOE or any member thereof
> of the contractor\'s product or service;
>
> \(c\) Contain reference to contract numbers or other contractual
> details.

**PART II - CONTRACT CLAUSES**\
\
**SECTION I**\
\
**CONTRACT CLAUSES**

**[I.01 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)\
]{.underline}**\
This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this/these
address(es):\
\
[http://www.pr.doe.gov/pr6.html]{.underline}CS_3785\
[http://www.arnet.gov/far/]{.underline}CS_3786\
[http://www.pr.doe.gov/dear.html]{.underline}CS_3787

> I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
>
> NUMBER DATE TITLE
>
> 52.203-3 APR 1984 GRATUITIES
>
> 52.203-5 APR 1984 CONVENANT AGAINST CONTINGENT FEES
>
> 52.203-8 JAN 1997 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
> ILLEGAL OR IMPROPER ACTIVITY
>
> 52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER
> ACTIVITY
>
> 52.203-12 JUN 1997 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
> TRANSACTIONS
>
> 52.204-4 AUG 2000 PRINTING/COPYING DOUBLED-SIDED ON RECYCLED PAPER
>
> 52.209-6 JUL 1995 PROTECTING THE GOVERNMENT\'S INTEREST WHEN
> SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
> DEBARMENT
>
> 52.212-4 FEB 2002 CONTRACT TERMS AND CONDITIONS\-- COMMERCIAL ITEMS
>
> 52.215-2 JUN 1999 AUDIT AND RECORDS\--NEGOTIATION
>
> 52.215-8 OCT 1997 ORDER OF PRECEDENCE -- UNIFORM CONTRACT FORMAT
>
> 52.215-14 OCT 1997 INTEGRITY OF UNIT PRICES Alternate I (OCT 1997)
>
> 52.217-9 MAR 2000 OPTION TO EXTEND THE TERM OF THE CONTRACT
>
> 52.222-20 DEC 1996 WALSH-HEALEY PUBLIC CONTRACTS ACT
>
> 52.223-3 JAN 1997 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL
> SAFETY DATA ALT I (JUL 1995)
>
> 52.223-6 MAY 2001 DRUG-FREE WORKPLACE
>
> 52.227-1 JUL 1995 AUTHORIZATION AND CONSENT
>
> 52.227-2 AUG 1996 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
> INFRINGEMENT
>
> 52.229-3 JAN 1991 FEDERAL, STATE, AND LOCAL TAXES
>
> 52.229-5 APR 1984 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR
> PUERTO RICO
>
> 52.232-1 APR 1984 PAYMENTS
>
> 52.232-8 FEB 2002 DISCOUNTS FOR PROMPT PAYMENT
>
> 52.232-17 JUN 1996 INTEREST
>
> 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS
>
> 52.232-25 FEB 2002 PROMPT PAYMENT
>
> 52.233-1 JUL 2002 DISPUTES Alternate I (DEC 1991)
>
> 52.242-13 JUL 1995 BANKRUPTCY
>
> 52.243-1 AUG 1987 CHANGES - FIXED-PRICE
>
> 52.246-17 MAY 2001 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE
>
> 52.249-2 SEP 1996 TERMINATION FOR CONVENIENCE OF THE\
> GOVERNMENT (FIXED-PRICE)
>
> 52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)
>
> 52.253-1 JAN 1991 COMPUTER GENERATED FORMS
>
> **[I.02 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
> ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)\
> ]{.underline}**
>
> \(a\) If the Government receives information that a contractor or a
> person has engaged in conduct constituting a violation of subsection
> (a), (b), (c), or (d) of Section 27 of the Office of Federal
> Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by
> section 4304 of the 1996 National Defense Authorization Act for Fiscal
> Year 1996 (Pub. L. 104-106), the Government may\--
>
> \(1\) Cancel the solicitation, if the contract has not yet been
> awarded or issued; or
>
> \(2\) Rescind the contract with respect to which\--
>
> \(i\) The Contractor or someone acting for the Contractor has been
> convicted for an offense where the conduct constitutes a violation of
> subsection 27 (a) or (b) of the Act for the purpose of either\--
>
> \(A\) Exchanging the information covered by such subsections for
> anything of value; or
>
> \(B\) Obtaining or giving anyone a competitive advantage in the award
> of a Federal agency procurement contract; or
>
> \(ii\) The head of the contracting activity has determined, based upon
> a preponderance of the evidence, that the Contractor or someone acting
> for the Contractor has engaged in conduct constituting an offense
> punishable under subsections 27(e)(1) of the Act.
>
> \(b\) If the Government rescinds the contract under paragraph (a) of
> this clause, the Government is entitled to recover, in addition to any
> penalty prescribed by law, the amount expended under the contract.
>
> \(c\) The rights and remedies of the Government specified herein are
> not exclusive, and are in addition to any other rights and remedies
> provided by law, regulation, or under this contract. \[End of Clause\]

**[I.03 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS\--COMMERCIAL ITEMS (JUN 2000)\
]{.underline}**\
(a) The Contractor agrees to comply with the following FAR clauses,
which are incorporated in this contract by reference, to implement
provisions of law or executive orders applicable to acquisitions of
commercial items:

> \(1\) 52.222-3, Convict Labor (E.O. 11755).
>
> \(2\) 52.225-13, Restrictions on Certain Foreign Purchases (E.O.\'s
> 12722, 12724, 13059, and 13067).
>
> \(3\) 52.233-3, Protest after Award (31 U.S.C. 3553).

\(b\) The Contractor agrees to comply with the FAR clauses in this
paragraph (b) which the contracting officer has indicated as being
incorporated in this contract by reference to implement provisions of
law or executive orders applicable to acquisitions of commercial items
or components:

> [XX]{.underline}CS_1675 (1) 52.203-6, Restrictions on Subcontractor
> Sales to the Government, with Alternate I (41 U.S.C. 253g and 10
> U.S.C. 2402).
>
> [\_\_]{.underline}CS_1676 (2) 52.219-3, Notice of HUBZone Small
> Business Set-Aside (Jan 1999).
>
> [\_]{.underline}CS_1677 (3) 52.219-4, Notice of Price Evaluation
> Preference for HUBZone Small Business Concerns (Jan 1999) (if the
> offeror elects to waive the preference, it shall so indicate in its
> offer).
>
> [\_\_]{.underline}CS_1678 (4) (i) 52.219-5, Very Small Business
> Set-Aside (Pub. L. 103-403, section 304, Small Business
> Reauthorization and Amendments Act of 1994).
>
> [\_\_]{.underline}CS_1679 (ii) Alternate I to 52.219-5
>
> [\_\_]{.underline}CS_1680 (iii) Alternate II to 52.219-5
>
> [XX]{.underline}CS_1681 (5) 52.219-8, Utilization of Small Business
> Concerns (15 U.S.C. 637 (d)(2) and (3)).
>
> [\_\_]{.underline}CS_1682 (6) (i) 52.219-9, Small Business
> Subcontracting Plan (15 U.S.C. 637 (d)(4)).
>
> [\_\_]{.underline}CS_1685 (ii) Alternate II of 52.219-9.
>
> [\_\_]{.underline}CS_1683 (7) 52.219-14, Limitations on Subcontracting
> (15 U.S.C. 637(a)(14)).
>
> [\_\_]{.underline}CS_1684 (8) (i) 52.219-23, Notice of Price
> Evaluation Adjustment for Small Disadvantaged Business Concerns (Pub.
> L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects
> to waive the adjustment, it shall so indicate in its offer).
>
> [\_\_]{.underline}CS_1685 (ii) Alternate I of 52.219-23.
>
> [\_\_]{.underline}CS_1686 (9) 52.219-25, Small Disadvantaged Business
> Participation Program\--Disadvantaged Status and Reporting (Pub. L.
> 103-355, section 7102, and 10 U.S.C. 2323).
>
> [\_\_]{.underline}CS_1687 (10) 52.219-26, Small Disadvantaged Business
> Participation Program\--Incentive Subcontracting (Pub. L. 103-355,
> section 7102, and 10 U.S.C. 2323).
>
> [XX]{.underline}CS_1688 (11) 52.222-21, Prohibition of Segregated
> Facilities (Feb 1999).
>
> [XX]{.underline}CS_1689 (12) 52.222-26, Equal Opportunity (E.O.
> 11246).
>
> [XX]{.underline}CS_1690 (13) 52.222-35, Affirmative Action for
> Disabled Veterans and Veterans of the Vietnam Era. (38 U.S.C. 4212).
>
> [XX]{.underline}CS_1691 (14) 52.222-36, Affirmative Action for Workers
> with Disabilities (29 U.S.C. 793).
>
> [XX]{.underline}CS_1692 (15) 52.222-37, Employment Reports on Disabled
> Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212).
>
> [\_\_]{.underline}CS_1693 (16) 52.225-1, Buy American Act\--Balance of
> Payments Program\-- Supplies (41 U.S.C. 10a-10d).
>
> [\_\_]{.underline}CS_1694 (17) (i) 52.225-3, Buy American Act\--North
> American Trade Agreement\--Israeli Trade Act\--Balance of Payments
> Program (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note).
>
> [\_\_]{.underline}CS_1695 (ii) Alternate I of 52.225-3.
>
> [\_\_]{.underline}CS_1696 (iii) Alternate II of 52.225-3.
>
> [\_\_]{.underline}CS_1697 (18) 52.225-5, Trade Agreements (19 U.S.C.
> 2501, et seq., 19 U.S.C. 3301 note).
>
> [\_\_]{.underline}CS_1698 (19) 52.225-15, Sanctioned European Union
> Country End Products (E.O. 12849).
>
> [\_\_]{.underline}CS_1699 (20) 52.225-16, Sanctioned European Union
> Country Services (E.O. 12849).
>
> [\_\_]{.underline}CS_1799 (21) \[Reserved.\]
>
> [\--]{.underline}CS_1700 (22) 52.232-33, Payment by Electronic Funds
> Transfer\-- Central Contractor Registration (31 U.S.C. 3332).
>
> [XX]{.underline}CS_1701 (23) 52.232-34, Payment by Electronic Funds
> Transfer\-- Other than Central Contractor Registration (31 U.S.C.
> 3332).
>
> [\_\_]{.underline}CS_1702 (24) 52.232-36, Payment by Third Party (31
> U.S.C. 3332).
>
> [\_\_]{.underline}CS_1703 (25) 52.239-1, Privacy or Security
> Safeguards (5 U.S.C. 552a).
>
> [\_\_]{.underline}CS_1704 (26) (i) 52.247-64, Preference for Privately
> Owned U.S.-Flag Commercial Vessels (46 U.S.C. 1241).
>
> [\_\_]{.underline}CS_1705 (26) (ii) Alternate I of 52.247-64.
>
> \(c\) The Contractor agrees to comply with the FAR clauses in this
> paragraph (c), applicable to commercial services, which the
> Contracting Officer has indicated as being incorporated in this
> contract by reference to implement provisions of law or executive
> orders applicable to acquisitions of commercial items or components:
>
> [\_\_]{.underline}CS_1802 (1) 52.222-41, Service Contract Act of 1965,
> As amended (41 U.S.C. 351, et seq.).
>
> [\_\_]{.underline}CS_1803 (2) 52.222-42, Statement of Equivalent Rates
> for Federal Hires (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
>
> [\_\_]{.underline}CS_1804 (3) 52.222-43, Fair Labor Standards Act and
> Service Contract Act-Price Adjustment (Multiple Year and Option
> Contracts) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
>
> [\_\_]{.underline}CS_1805 (4) 52.222-44, Fair Labor Standards Act and
> Service Contract Act-Price Adjustment (29 U.S.C. 206 and 41 U.S.C.
> 351, et seq.).
>
> [\_\_]{.underline}CS_1806 (5) 52.222-47, SCA Minimum Wages and Fringe
> Benefits Applicable to Successor Contract Pursuant to Predecessor
> Contractor Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et
> seq.).
>
> [\_\_]{.underline}CS_1807 (6) 52.222-50, Non-displacement of Qualified
> Workers (Executive Order 12933).
>
> \(d\) Comptroller General Examination of Record. The Contractor agrees
> to comply with the provisions of paragraph (d) if this contract was
> awarded using other than sealed bid, is in excess of the simplified
> acquisition threshold, and does not contain the clause at 52.215-2,
> Audit and Records\--Negotiation.
>
> \(1\) The Comptroller General of the United States, or an authorized
> representative of the Comptroller General, shall have access to and
> right to examine any of the Contractor\'s directly pertinent records
> involving transactions related to this contract.
>
> \(2\) The Contractor shall make available at its offices at all
> reasonable times the records, materials, and other evidence for
> examination, audit, or reproduction, until 3 years after final payment
> under this contract or for any shorter period specified in FAR Subpart
> 4.7, Contractor Records Retention, of the other clauses of this
> contract. If this contract is completely or partially terminated, the
> records relating to the work terminated shall be made available for 3
> years after any resulting final termination settlement. Records
> relating to appeals under the disputes clause or to litigation or the
> settlement of claims arising under or relating to this contract shall
> be made available until such appeals, litigation, or claims are
> finally resolved.
>
> \(3\) As used in this clause, records include books, documents,
> accounting procedures and practices, and other data, regardless of
> type and regardless of form. This does not require the Contractor to
> create or maintain any record that the Contractor does not maintain in
> the ordinary course of business or pursuant to a provision of law.
>
> \(e\) Notwithstanding the requirements of the clauses in paragraphs
> (a), (b), (c) or (d) of this clause, the Contractor is not required to
> include any FAR clause, other than those listed below (and as may be
> required by an addenda to this paragraph to establish the
> reasonableness of prices under Part 15), in a subcontract for
> commercial items or commercial components\--
>
> \(1\) 52.222-26, Equal Opportunity (E.O. 11246);
>
> \(2\) 52.222-35, Affirmative Action for Disabled Veterans and Veterans
> of the Vietnam Era (38 U.S.C. 4212);
>
> \(3\) 52.222-36, Affirmative Action for Workers with Disabilities (29
> U.S.C. 793); and
>
> \(4\) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
> Vessels (46 U.S.C. 1241) (flow down not required for subcontracts
> awarded beginning May 1, 1996). \[End of Clause\]
>
> **[I.04 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION
> OTHER THAN COST OR PRICING DATA\--MODIFICATIONS (OCT 1997) ALTERNATE
> IV (OCT 1997)\
> ]{.underline}**
>
> \(a\) Submission of cost or pricing data is not required.
>
> \(b\) Provide information described below:
>
> [\_\_\_None\_\_\_\_\_\_\_]{.underline}CS_3396\
> \[End of Clause\]

**[I.05 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER\--OTHER THAN
CENTRAL CONTRACTOR REGISTRATION (MAY 1999)\
]{.underline}**

> \(a\) [Method of payment]{.underline}. (1) All payments by the
> Government under this contract shall be made by electronic funds
> transfer (EFT) except as provided in paragraph (a)(2) of this clause.
> As used in this clause, the term \"EFT\" refers to the funds transfer
> and may also include the payment information transfer.
>
> \(2\) In the event the Government is unable to release one or more
> payments by EFT, the Contractor agrees to either\--
>
> \(i\) Accept payment by check or some other mutually agreeable method
> of payment; or
>
> \(ii\) Request the Government to extend payment due dates until such
> time as the Government makes payment by EFT (but see paragraph (d) of
> this clause).
>
> \(b\) [Mandatory submission of Contractor\'s EFT
> information]{.underline}. (1) The Contractor is required to provide
> the Government with the information required to make payment by EFT
> (see paragraph (j) of this clause). The Contractor shall provide this
> information directly to the office designated in this contract to
> receive that information (hereafter: \"designated office\") by
> [\_\_\_\_\_\_\_\_\_\_]{.underline}CS_3579. If not otherwise specified
> in this contract, the payment office is the designated office for
> receipt of the Contractor\'s EFT information. If more than one
> designated office is named for the contract, the Contractor shall
> provide a separate notice to each office. In the event that the EFT
> information changes, the Contractor shall be responsible for providing
> the updated information to the designated office(s).
>
> \(2\) If the Contractor provides EFT information applicable to
> multiple contracts, the Contractor shall specifically state the
> applicability of this EFT information in terms acceptable to the
> designated office. However, EFT information supplied to a designated
> office shall be applicable only to contracts that identify that
> designated office as the office to receive EFT information for that
> contract.
>
> \(c\) [Mechanisms for EFT payment]{.underline}. The Government may
> make payment by EFT through either the Automated Clearing House (ACH)
> network, subject to the rules of the National Automated Clearing House
> Association, or the Fedwire Transfer System. The rules governing
> Federal payments through the ACH are contained in 31 CFR part 210.
>
> \(d\) [Suspension of payment]{.underline}. (1) The Government is not
> required to make any payment under this contract until after receipt,
> by the designated office, of the correct EFT payment information from
> the Contractor. Until receipt of the correct EFT information, any
> invoice or contract financing request shall be deemed not to be a
> proper invoice for the purpose of prompt payment under this contract.
> The prompt payment terms of the contract regarding notice of an
> improper invoice and delays in accrual of interest penalties apply.
>
> \(2\) If the EFT information changes after submission of correct EFT
> information, the Government shall begin using the changed EFT
> information no later than 30 days after its receipt by the designated
> office to the extent payment is made by EFT. However, the Contractor
> may request that no further payments be made until the updated EFT
> information is implemented by the payment office. If such suspension
> would result in a late payment under the prompt payment terms of this
> contract, the Contractor\'s request for suspension shall extend the
> due date for payment by the number of days of the suspension.
>
> \(e\) [Liability for uncompleted or erroneous transfers]{.underline}.
> (1) If an uncompleted or erroneous transfer occurs because the
> Government used the Contractor\'s EFT information incorrectly, the
> Government remains responsible for\--
>
> \(i\) Making a correct payment; (ii) Paying any prompt payment penalty
> due; and (iii) Recovering any erroneously directed funds.
>
> \(2\) If an uncompleted or erroneous transfer occurs because the
> Contractor\'s EFT information was incorrect, or was revised within 30
> days of Government release of the EFT payment transaction instruction
> to the Federal Reserve System, and\--
>
> \(i\) If the funds are no longer under the control of the payment
> office, the Government is deemed to have made payment and the
> Contractor is responsible for recovery of any erroneously directed
> funds; or
>
> \(ii\) If the funds remain under the control of the payment office,
> the Government shall not make payment and the provisions of paragraph
> (d) shall apply.
>
> \(f\) [EFT and prompt payment]{.underline}. A payment shall be deemed
> to have been made in a timely manner in accordance with the prompt
> payment terms of this contract if, in the EFT payment transaction
> instruction released to the Federal Reserve System, the date specified
> for settlement of the payment is on or before the prompt payment due
> date, provided the specified payment date is a valid date under the
> rules of the Federal Reserve System.
>
> \(g\) [EFT and assignment of claims]{.underline}. If the Contractor
> assigns the proceeds of this contract as provided for in the
> assignment of claims terms of this contract, the Contractor shall
> require as a condition of any such assignment, that the assignee shall
> provide the EFT information required by paragraph (j) of this clause
> to the designated office, and shall be paid by EFT in accordance with
> the terms of this clause. In all respects, the requirements of this
> clause shall apply to the assignee as if it were the Contractor. EFT
> information that shows the ultimate recipient of the transfer to be
> other than the Contractor, in the absence of a proper assignment of
> claims acceptable to the Government, is incorrect EFT information
> within the meaning of paragraph (d) of this clause.
>
> \(h\) [Liability for change of EFT information by financial
> agent]{.underline}. The Government is not liable for errors resulting
> from changes to EFT information provided by the Contractor\'s
> financial agent.
>
> \(i\) [Payment information]{.underline}. The payment or disbursing
> office shall forward to the Contractor available payment information
> that is suitable for transmission as of the date of release of the EFT
> instruction to the Federal Reserve System. The Government may request
> the Contractor to designate a desired format and method(s) for
> delivery of payment information from a list of formats and methods the
> payment office is capable of executing. However, the Government does
> not guarantee that any particular format or method of delivery is
> available at any particular payment office and retains the latitude to
> use the format and delivery method most convenient to the Government.
> If the Government makes payment by check in accordance with paragraph
> (a) of this clause, the Government shall mail the payment information
> to the remittance address in the contract.
>
> \(j\) [EFT information]{.underline}. The Contractor shall provide the
> following information to the designated office. The Contractor may
> supply this data for this or multiple contracts (see paragraph (b) of
> this clause). The Contractor shall designate a single financial agent
> per contract capable of receiving and processing the EFT information
> using the EFT methods described in paragraph (c) of this clause.
>
> \(1\) The contract number (or other procurement identification
> number).
>
> \(2\) The Contractor\'s name and remittance address, as stated in the
> contract(s).
>
> \(3\) The signature (manual or electronic, as appropriate), title, and
> telephone number of the Contractor official authorized to provide this
> information.
>
> \(4\) The name, address, and 9-digit Routing Transit Number of the
> Contractor\'s financial agent.
>
> \(5\) The Contractor\'s account number and the type of account
> (checking, saving, or lockbox).
>
> \(6\) If applicable, the Fedwire Transfer System telegraphic
> abbreviation of the Contractor\'s financial agent.
>
> \(7\) If applicable, the Contractor shall also provide the name,
> address, telegraphic abbreviation, and 9-digit Routing Transit Number
> of the correspondent financial institution receiving the wire transfer
> payment if the Contractor\'s financial agent is not directly on-line
> to the Fedwire Transfer System; and, therefore, not the receiver of
> the wire transfer payment. \[End of Clause\]

**[I.06 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR
1984)]{.underline}**

**[\
]{.underline}**(a) The use in this solicitation or contract of any
Federal Acquisition Regulation (48 CFR Chapter 1) clause with an
authorized deviation is indicated by the addition of \"(DEVIATION)\"
after the date of the clause.

> \(b\) The use in this solicitation or contract of any [Department of
> Energy]{.underline}CS_3321 clause with an authorized deviation is
> indicated by the addition of \"(DEVIATION)\" after the name of the
> regulation. \[End of Clause\]

**[I.07 52.202-1 DEFINITIONS (OCT 1995) (As Modified by 952.202-1) (MAR
1985)\
]{.underline}**(a) \"Head of Agency\" means the Secretary, Deputy
Secretary or Under Secretary of the Department of Energy and the
Chairman, Federal Energy Regulatory Commission.

> \(b\) \"Commercial component\" means any component that is a
> commercial item.
>
> \(c\) \"Commercial item\" means\--
>
> \(1\) Any item other than real property, that is of a type customarily
> used for nongovernmental purposes and that\--
>
> \(i\) Has been sold, leased, or licensed to the general public; or
>
> \(ii\) Has been offered for sale, lease, or license to the general
> public;
>
> \(2\) Any item that evolved from an item described in paragraph (c)(1)
> of this clause through advances in technology or performance and that
> is not yet available in the commercial marketplace, but will be
> available in the commercial marketplace in time to satisfy the
> delivery requirements under a Government solicitation;
>
> \(3\) Any item that would satisfy a criterion expressed in paragraphs
> (c)(1) or (c)(2) of this clause, but for\--
>
> \(i\) Modifications of a type customarily available in the commercial
> marketplace; or
>
> \(ii\) Minor modifications of a type not customarily available in the
> commercial marketplace made to meet Federal Government requirements.
> \"Minor\" modifications means modifications that do not significantly
> alter the nongovernmental function or essential physical
> characteristics of an item or component, or change the purpose of a
> process. Factors to be considered in determining whether a
> modification is minor include the value and size of the modification
> and the comparative value and size of the final product. Dollar values
> and percentages may be used as guideposts, but are not conclusive
> evidence that a modification is minor;
>
> \(4\) Any combination of items meeting the requirements of paragraphs
> (c)(1), (2), (3), or (5) of this clause that are a type customarily
> combined and sold in combination to the general public;
>
> \(5\) Installation services, maintenance services, repair services,
> training services, and other services if such services are procured
> for support of an item referred to in paragraphs (c)(1), (2), (3), or
> (4) of this clause, and if the source of such services\--
>
> \(i\) Offers such services to the general public and the Federal
> Government contemporaneously and under similar terms and conditions;
> and
>
> \(ii\) Offers to use the same work force for providing the Federal
> Government with such services as the source uses for providing such
> services to the general public;
>
> \(6\) Services of a type offered and sold competitively in substantial
> quantities in the commercial marketplace based on established catalog
> or market prices for specific tasks performed under standard
> commercial terms and conditions. This does not include services that
> are sold based on hourly rates without an established catalog or
> market price for a specific service performed;
>
> \(7\) Any item, combination of items, or service referred to in
> subparagraph (c)(1) through (c)(6), notwithstanding the fact that the
> item, combination of items, or service is transferred between or among
> separate divisions, subsidiaries, or affiliates of a Contractor; or
>
> \(8\) A non-developmental item, if the procuring agency determines the
> item was developed exclusively at private expense and sold in
> substantial quantities, on a competitive basis, to multiple State and
> local governments.
>
> \(d\) \"Component\" means any item supplied to the Federal Government
> as part of an end item or of another component.
>
> \(e\) \"Non-developmental item\" means\--
>
> \(1\) Any previously developed item of supply used exclusively for
> governmental purposes by a Federal agency, a State or local
> government, or a foreign government with which the United States has a
> mutual defense cooperation agreement;
>
> \(2\) Any item described in paragraph (e)(1) of this definition that
> requires only minor modification or modifications of a type
> customarily available in the commercial marketplace in order to meet
> the requirements of the procuring department or agency; or
>
> \(3\) Any item of supply being produced that does not meet the
> requirements of paragraph (e)(1) or (e)(2) solely because the item is
> not yet in use.
>
> \(f\) \"Contracting Officer\" means a person with the authority to
> enter into, administer, and/or terminate contracts and make related
> determinations and findings. The term includes certain authorized
> representatives of the Contracting Officer acting within the limits of
> their authority as delegated by the Contracting Officer.
>
> \(g\) Except as otherwise provided in this contract, the term
> \"subcontracts\" includes, but is not limited to, purchase orders and
> changes and modifications to purchase orders under this contract.
>
> \(h\) The term \"DOE\" means the Department of Energy and \"FERC\"
> means the Federal Energy Regulatory Commission. \[End of Clause\]

**[I.08 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS
OF THE VIETNAM ERA (APR 1998) AS MODIFIED BY DOE HQ 99-03 (MAY 1999)\
]{.underline}**

> \(a\) [Definitions]{.underline}. As used in this clause\--
>
> \"All employment openings\" includes all positions except executive
> and top management, those positions that will be filled from within
> the contractor\'s organization, and positions lasting 3 days or less.
> This term includes full-time employment, temporary employment of more
> than 3 days\' duration, and part-time employment.
>
> \"Appropriate office of the State employment service system,\" means
> the local office of the Federal-State national system of public
> employment offices with assigned responsibility to serve the area
> where the employment opening is to be filled, including the District
> of Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin
> Islands.
>
> \"Positions that will be filled from within the Contractor\'s
> organization\" means employment openings for which no consideration
> will be given to persons outside the Contractor\'s organization
> (including any affiliates, subsidiaries, and parent companies) and
> includes any openings that the Contractor proposes to fill from
> regularly established \"recall\" lists. The exception does not apply
> to a particular opening once an employer decides to consider
> applicants outside of its organization.
>
> \"Veteran of the Vietnam era means a person who\--
>
> \(1\) Served on active duty for a period of more than 180 days, any
> part of which occurred between August 5, 1964, and May 7, 1975, and
> was discharged or released there from with other than a dishonorable
> discharge; or
>
> \(2\) Was discharged or released from active duty for a
> service-connected disability if any part of such active duty was
> performed between August 5, 1964 and May 7, 1975.
>
> \(b\) [General]{.underline}. (1) Regarding any position for which the
> employee or applicant for employment is qualified, the Contractor
> shall not discriminate against the individual because the individual
> is a disabled veteran or a veteran of the Vietnam era. The Contractor
> agrees to take affirmative action to employ, advance in employment,
> and otherwise treat qualified disabled veterans and veterans of the
> Vietnam era without discrimination based upon their disability or
> veterans\' status in all employment practices such as \--
>
> \(i\) Employment;
>
> \(ii\) Upgrading;
>
> \(iii\) Demotion or transfer;
>
> \(iv\) Recruitment;
>
> \(v\) Advertising;
>
> \(vi\) Layoff or termination;
>
> \(vii\) Rates of pay or other forms of compensation; and
>
> \(viii\) Selection for training, including apprenticeship.
>
> \(2\) The Contractor agrees to comply with the rules, regulations, and
> relevant orders of the Secretary of Labor (Secretary) issued under the
> Vietnam Era Veterans\' Readjustment Assistance Act of 1972 (the Act),
> as amended.
>
> \(c\) [Listing openings]{.underline}. (1) The Contractor agrees to
> list all employment openings existing at contract award or occurring
> during contract performance, at an appropriate office of the State
> employment service system in the locality where the opening occurs.
> These openings include those occurring at any Contractor facility,
> including one not connected with performing this contract. An
> independent corporate affiliate is exempt from this requirement.
>
> \(2\) State and local government agencies holding Federal contracts of
> \$25,000 or more shall also list all employment openings with the
> appropriate office of the State employment service.
>
> \(3\) The listing of employment openings with the State employment
> service system is required at least concurrently with using any other
> recruitment source or effort and involves the obligations of placing a
> bona fide job order, including accepting referrals of veterans and
> non-veterans. This listing does not require hiring any particular job
> applicant or hiring from any particular group of job applicants and is
> not intended to relieve the Contractor from any requirements of
> Executive orders or regulations concerning nondiscrimination in
> employment.
>
> \(4\) Whenever the Contractor becomes contractually bound to the
> listing terms of this clause, it shall advise the State employment
> service system, in each State where it has establishments, of the name
> and location of each hiring location in the State. As long as the
> Contractor is contractually bound to these terms and has so advised
> the State system, it need not advise the State system of subsequent
> contracts. The Contractor may advise the State system when it is no
> longer bound by this contract clause.
>
> \(d\) [Applicability]{.underline}. (1) This clause does not apply to
> the listing of employment openings that occur and are filled outside
> the 50 States, the District of Columbia, the Commonwealth of Puerto
> Rico, Guam, and the Virgin Islands.
>
> \(2\) The terms of paragraph (c) above of this clause do not apply to
> openings that the Contractor proposes to fill from within its own
> organization or under a customary and traditional employer-union
> hiring arrangement. This exclusion does not apply to a particular
> opening once an employer decides to consider applicants outside of its
> own organization or employer-union arrangement for that opening.
>
> \(e\) [Postings]{.underline}. (1) The Contractor agrees to post
> employment notices stating
>
> \(i\) The Contractor\'s obligation under the law to take affirmative
> action to employ and advance in employment qualified disabled veterans
> and veterans of the Vietnam era, and
>
> \(ii\) The rights of applicants and employees.
>
> \(2\) These notices shall be posted in conspicuous places that are
> available to employees and applicants for employment. They shall be in
> a form prescribed by the Deputy Assistant Secretary for Federal
> Contract Compliance Programs, Department of Labor (Deputy Assistant
> Secretary), and provided by or through the Contracting Officer.
>
> \(3\) The Contractor shall notify each labor union or representative
> of workers with which it has a collective bargaining agreement or
> other contract understanding, that the Contractor is bound by the
> terms of the Act, and is committed to take affirmative action to
> employ, and advance in employment, qualified disabled veterans and
> veterans of the Vietnam era.
>
> \(f\) [Noncompliance]{.underline}. If the Contractor does not comply
> with the requirements of this clause, appropriate actions may be taken
> under the rules, regulations, and relevant orders of the Secretary
> issued pursuant to the Act.
>
> \(g\) [Subcontracts]{.underline}. The Contractor shall include the
> terms of this clause in every subcontract or purchase order of
> \$25,000 or more unless exempted by rules, regulations, or orders of
> the Secretary. The Contractor shall act as specified by the Deputy
> Assistant Secretary to enforce the terms, including action for
> noncompliance. \[End of Clause\]

[**PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS**\
]{.underline}\
**SECTION J**\
\
**LIST OF ATTACHMENTS**

### ATTACHMENT DESCRIPTION NO. OF PAGES

I Specifications 2

[**PART IV - REPRESENTATIONS AND INSTRUCTIONS**\
]{.underline}\
**SECTION K**\
\
**REPRESENTATIONS, CERTIFICATIONS, AND**\
\
**OTHER STATEMENTS OF OFFERORS**

**FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)**

**[K.01 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS\--
COMMERCIAL ITEMS (FEB 2000) Alternate III (JAN 1999)\
]{.underline}**

\(a\) [Definitions]{.underline}. As used in this provision:

\"Emerging small business\" means a small business concern whose size is
no greater than 50 percent of the numerical size standard for the
standard industrial classification code 1310 designated.

\"Small business concern\" means a concern, including its affiliates,
that is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR Part 121 and size
standards in this solicitation.

\"Women-owned small business concern\" means a small business concern\--

\(1\) Which is at least 51 percent owned by one or more women or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

\"Women-owned business concern\" means a concern which is at least 51
percent owned by one or more women; or in the case of any publicly owned
business, at least 51 percent of its stock is owned by one or more
women; and whose management and daily business operations are controlled
by one or more women.

\(b\) [Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C.
7701)]{.underline}. (Not applicable if the offeror is required to
provide this information to a central contractor registration database
to be eligible for award.)

\(1\) All offerors must submit the information required in paragraphs
(b)(3) through (b)(5)of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the Internal Revenue Service (IRS).

\(2\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror\'s relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror\'s TIN.

\(3\) [Taxpayer Identification Number (TIN)]{.underline}.

\[\_\] TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_.\
\
\[\_\] TIN has been applied for.\
\
\[\_\] TIN is not required because:

\[\_\] Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;

\[\_\] Offeror is an agency or instrumentality of a foreign government;

\[\_\] Offeror is an agency or instrumentality of the Federal
Government.

\(4\) [Type of organization]{.underline}.

\[\_\] Sole proprietorship;

\[\_\] Partnership;

\[\_\] Corporate entity (not tax-exempt);

\[\_\] Corporate entity (tax-exempt);

\[\_\] Government entity (Federal, State, or local);

\[\_\] Foreign government;

\[\_\] International organization per 26 CFR 1.6049-4;

\[\_\] Other \_\_\_\_\_\_\_\_\_\_\_\_\_.

\(5\) [Common parent]{.underline}.

\[\_\] Offeror is not owned or controlled by a common parent;

\[\_\] Name and TIN of common parent:

Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
TIN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(c\) Offerors must complete the following representations when the
resulting contract is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District of Columbia. Check all that apply.

\(1\) [Small business concern]{.underline}. The offeror represents as
part of its offer that it \[\_\] is, \[\_\] is not a small business
concern.

\(2\) [Small disadvantaged business concern]{.underline}. \[Complete
only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.\] The offeror represents, for
general statistical purposes, that it \[\_\] is, \[\_\] is not a small
disadvantaged business concern as defined in 13 CFR 124.1002.

\(3\) [Women-owned small business concern]{.underline}. \[Complete only
if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.\] The offeror represents that it
\[\_\] is, \[\_\] is not a women-owned small business concern.

\(4\) [Women-owned business concern (other than small business
concern)]{.underline}. \[Complete only if the offeror is a women-owned
business concern and did not represent itself as a small business
concern in paragraph (c)(1) of this provision.\] The offeror represents
that it \[\_\] is a women-owned business concern.

\(5\) [Tie bid priority for labor surplus area concerns]{.underline}. If
this is an invitation for bid, small business offerors may identify the
labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors)
amount to more than 50 percent of the contract price:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(6\) Small Business Size for the Small Business Competitiveness
Demonstration Program and for the Targeted Industry Categories under the
Small Business Competitiveness Demonstration Program. \[Complete only if
the offeror has represented itself to be a small business concern under
the size standards for this solicitation.\]

\(i\) \[Complete only for solicitations indicated in an addendum as
being set-aside for emerging small businesses in one of the four
designated industry groups (DIGs).\] The offeror represents as part of
its offer that it \[\_\] is, \[\_\] is not an emerging small business.

\(ii\) \[Complete only for solicitations indicated in an addendum as
being for one of the targeted industry categories (TICs) or four
designated industry groups (DIGs).\] Offeror represents as follows:

\(A\) Offeror\'s number of employees for the past 12 months (check the
Employees column if size standard stated in the solicitation is
expressed in terms of number of employees); or

\(B\) Offeror\'s average annual gross revenue for the last 3 fiscal
years (check the Average Annual Gross Number of Revenues column if size
standard stated in the solicitation is expressed in terms of annual
receipts).\
(Check one of the following):\
\
Number of Employees Average Annual Gross Revenues\
\
\_\_ 50 or fewer \_\_ \$1 million or less\
\_\_ 51-100 \_\_ \$1,000,001-\$2 million\
\_\_ 101-250 \_\_ \$2,000,001-\$3.5 million\
\_\_ 251-500 \_\_ \$3,500,001-\$5 million\
\_\_ 501-750 \_\_ \$5,000,001-\$10 million\
\_\_ 751-1,000 \_\_ \$10,000,001-\$17 million\
\_\_ Over 1,000 \_\_ Over \$17 million

\(7\) \[Complete only if the solicitation contains the clause at FAR
52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged
Business Concerns, or FAR 52.219-25, Small Disadvantaged Business
Participation Program\--Disadvantaged Status and Reporting, and the
offeror desires a benefit based on its disadvantaged status.\]

\(i\) [General]{.underline}. The offeror represents that either\--

\(A\) It \[\_\] is, \[\_\] is not certified by the Small Business
Administration as a small disadvantaged business concern and identified,
on the date of this representation, as a certified small disadvantaged
business concern in the database maintained by the Small Business
Administration (PRO-Net), and that no material change in disadvantaged
ownership and control has occurred since its certification, and, where
the concern is owned by one or more individuals claiming disadvantaged
status, the net worth of each individual upon whom the certification is
based does not exceed \$750,000 after taking into account the applicable
exclusions set forth at 13 CFR 124.104(c)(2); or

\(B\) It \[\_\] has, \[\_\] has not submitted a completed application to
the Small Business Administration or a Private Certifier to be certified
as a small disadvantaged business concern in accordance with 13 CFR 124,
Subpart B, and a decision on that application is pending, and that no
material change in disadvantaged ownership and control has occurred
since its application was submitted.

\(ii\) \[\_\] [Joint Ventures under the Price Evaluation Adjustment for
Small Disadvantaged Business Concerns]{.underline}. The offeror
represents, as part of its offer, that it is a joint venture that
complies with the requirements in 13 CFR 124.1002(f) and that the
representation in paragraph (c)(7)(i) of this provision is accurate for
the small disadvantaged business concern that is participating in the
joint venture. \[The offeror shall enter the name of the small
disadvantaged business concern that is participating in the joint
venture:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]

\(8\) (Reserved)

\(9\) HUBZone small business concern. \[Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of
this provision.\] The offeror represents as part of its offer that\--

\(i\) It \[\_\] is, \[\_\] is not a HUBZone small business concern
listed, on the date of this representation, on the List of Qualified
HUBZone Small Business Concerns maintained by the Small Business
Administration, and no material change in ownership and control,
principal place of ownership, or HUBZone employee percentage has
occurred since it was certified by the Small Business Administration in
accordance with 13 CFR part 126; and

\(ii\) It \[\_\] is, \[\_\] is not a joint venture that complies with
the requirements of 13 CFR part 126, and the representation in paragraph
(c)(9)(i) of this provision is accurate for the HUBZone small business
concern or concerns that are participating in the joint venture. \[The
offeror shall enter the name or names of the HUBZone small business
concern or concerns that are participating in the joint venture:\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]

Each HUBZone small business concern participating in the joint venture
shall submit a separate signed copy of the HUBZone representation.

\(d\) [Representations required to implement provisions of Executive
Order 11246\--]{.underline}

\(1\) [Previous contracts and compliance]{.underline}. The offeror
represents that\--

\(i\) It \[\_\] has, \[\_\] has not, participated in a previous contract
or subcontract subject either to the Equal Opportunity clause of this
solicitation; and

\(ii\) It \[\_\] has, \[\_\] has not filed all required compliance
reports.

\(2\) [Affirmative Action Compliance]{.underline}. The offeror
represents that\--

\(i\) It \[\_\] has developed and has on file, \[\_\] has not developed
and does not have on file, at each establishment, affirmative action
programs required by rules and regulations of the Secretary of Labor (41
CFR parts 60-1 and 60-2), or

\(ii\) It \[\_\] has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.

\(e\) [Certification Regarding Payments to Influence Federal
Transactions (31 U.S.C. 1352)]{.underline}. (Applies only if the
contract is expected to exceed \$100,000.) By submission of its offer,
the offeror certifies to the best of its knowledge and belief that no
Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress on his or her behalf in connection with
the award of any resultant contract.

\(f\) [Buy American Act\--Balance of Payments Program
Certificate]{.underline}. (Applies only if the clause at Federal
Acquisition Regulation (FAR) 52.225-1, Buy American Act\--Balance of
Payments Program\--Supplies, is included in this solicitation.)

\(1\) The offeror certifies that each end product, except those listed
in paragraph (f)(2) of this provision, is a domestic end product as
defined in the clause of this solicitation entitled \"Buy American
Act\--Balance of Payments Program\--Supplies\" and that the offeror has
considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The offeror shall list as
foreign end products those end products manufactured in the United
States that do not qualify as domestic end products.

\(2\) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
(List as necessary)

\(3\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25.

\(g\) (1) [Buy American Act\--North American Free Trade Agreement\--
Israeli Trade Act\--Balance of Payments Program
Certificate]{.underline}. (Applies only if the clause at FAR 52.225-3,
Buy American Act\--North American Free Trade Agreement\--Israeli Trade
Act\--Balance of Payments Program, is included in this solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic
end product as defined in the clause of this solicitation entitled \"Buy
American Act\--North American Free Trade Agreement\--Israeli Trade
Act\-- Balance of Payments Program\" and that the offeror has considered
components of unknown origin to have been mined, produced, or
manufactured outside the United States.

\(ii\) The offeror certifies that the following supplies are NAFTA
country end products or Israeli end products as defined in the clause of
this solicitation entitled \"Buy American Act\--North American Free
Trade Agreement\--Israeli Trade Act\--Balance of Payments Program\":

[NAFTA Country or Israeli End Products]{.underline}

LINE ITEM NO. COUNTRY OF ORIGIN\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
(List as necessary)

\(iii\) The offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (g)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled \"Buy
American Act\--North American Free Trade Agreement\--Israeli Trade
Act\--Balance of Payments Program.\" The offeror shall list as other
foreign end products those end products manufactured in the United
States that do not qualify as domestic end products.

[Other Foreign End Products]{.underline}

LINE ITEM NO. COUNTRY OF ORIGIN\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
(List as necessary)

(iv)The Government will evaluate offers in accordance with the policies
and procedures of FAR Part 25.

\(2\) [Buy American Act\--North American Free Trade Agreements\--Israeli
Trade Act\--Balance of Payments Program Certificate, Alternate I (Feb
2000)]{.underline}. If Alternate I to the clause at FAR 52.225-3 is
included in this solicitation, substitute the following paragraph
(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

\(g\) (1) (ii) The offeror certifies that the following supplies are
Canadian end products as defined in the clause of this solicitation
entitled \"Buy American Act\--North American Free Trade
Agreement\--Israeli Trade Act\--Balance of Payments Program\":

[Canadian End Products]{.underline}

LINE ITEM NO.\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
(List as necessary)

\(3\) [Buy American Act\--North American Free Trade Agreements\--Israeli
Trade Act\--Balance of Payments Program Certificate, Alternate II (Feb
2000)]{.underline}. If Alternate II to the clause FAR 52.225-3 is
included in this solicitation, substitute the following paragraph
(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

\(g\) (1) (ii) The offeror certifies that the following supplies are
Canadian end products or Israeli end products as defined in the clause
of this solicitation entitled \"Buy American Act\--North American Free
Trade Agreement\--Israeli Trade Act\--Balance of Payments Program\":

[Canadian or Israeli End Products]{.underline}

LINE ITEM NO. COUNTRY OF ORIGIN\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
(List as necessary)

\(4\) [Trade Agreements Certificate.]{.underline} (Applies only if the
clause at FAR 52.225-5, Trade Agreements, is included in this
solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (g)(4)(ii) of this provision, is a U.S.-made, designated
country, Caribbean Basin country, or NAFTA country end product, as
defined in the clause of this solicitation entitled \"Trade
Agreements.\"

\(ii\) The offeror shall list as other end products those end products
that are not U.S.-made, designated country, Caribbean Basin country, or
NAFTA country end products.

[Other End Products]{.underline}

LINE ITEM NO. COUNTRY OF ORIGIN\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
(List as necessary)

\(iii\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25. For line items subject to the
Trade Agreements Act, the Government will evaluate offers of U.S.-made,
designated country, Caribbean Basin country, or NAFTA country end
products without regard to the restrictions of the Buy American Act or
the Balance of Payments Program. The Government will consider for award
only offers of U.S.-made, designated country, Caribbean Basin country,
or NAFTA country end products unless the Contracting Officer determines
that there are no offers for such products or that the offers for such
products are insufficient to fulfill the requirements of the
solicitation.

\(h\) [Certification Regarding Debarment, Suspension or Ineligibility
for Award (Executive Order 12549)]{.underline}. The offeror certifies,
to the best of its knowledge and belief, that\--

\(1\) The offeror and/or any of its principals \[\_\] are, \[\_\] are
not presently debarred, suspended, proposed for debarment, or declared
ineligible for the award of contracts by any Federal agency, and

\(2\) \[\_\] Have, \[\_\] have not, within a three-year period preceding
this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a Federal, state or local
Government contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, or receiving stolen
property; and \[\_\] are, \[\_\] are not presently indicted for, or
otherwise criminally or civilly charged by a Government entity with,
commission of any of these offenses.

\[End of Provision\]

**[K.02 52.215-6 PLACE OF PERFORMANCE\-- (OCT 1997)\
]{.underline}**

> \(a\) The offeror or respondent, in the performance of any contract
> resulting from this solicitation, ( )intends, ( )does not intend
> \[*check applicable block*\] to use one or more plants or facilities
> located at a different address from the address of the offeror or
> respondent as indicated in this proposal or response to request for
> information.
>
> \(b\) If the offeror or respondent checks \"intends\" in paragraph (a)
> of this provision, it shall insert in the following spaces the
> required information:

  ------------------------------------------ ------------------------------------------------
  Place of Performance\                      Name and Address of Owner and Operator of the
  (Street Address, City,\                    Plant or Facility if Other than Offeror or
  State, County, Zip Code)                   Respondent

                                             

                                             

                                             

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ------------------------------------------ ------------------------------------------------

**[K.03 Certification of Representations and
Certifications]{.underline}**

By signing below, the bidder/offeror certifies, under penalty of law,
that the representations and certifications are accurate, current, and
complete. The bidder/offeror further certifies that it will notify the
Contracting Officer of any changes to these representations and
certifications. The representations and certifications made by the
bidder/offeror, as contained herein, concern matters within the
jurisdiction of an agency of the United States and the making of false,
fictitious, or fraudulent representation or certification may render the
maker subject to prosecution under 18 U.S.C. 1001.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Signature of the Officer or Employee\
Responsible for the Bid/Offer\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Typed Name and Title of the Officer or Employee\
Responsible for the Bid/Offer\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Date of Execution\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Name of Organization\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Street\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
City, State\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Solicitation Number

**SECTION L**\
\
**INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS**

**[L.01 Instructions to Offerors-Commercial Items (Oct 2000)\
]{.underline}**

> \(a\) *North American Industry Classification System (NAICS) code and
> small business size standard*. The NAICS code and small business size
> standard for this acquisition appear in Block 10 of the solicitation
> cover sheet (SF 1449). However, the small business size standard for a
> concern which submits an offer in its own name, but which proposes to
> furnish an item which it did not itself manufacture, is 500 employees.
>
> \(b\) *Submission of offers*. Submit signed and dated offers to the
> office specified in this solicitation at or before the exact time
> specified in this solicitation. Offers may be submitted on the SF
> 1449, letterhead stationery, or as otherwise specified in the
> solicitation. As a minimum, offers must show-

1.  The solicitation number;

2.  The time specified in the solicitation for receipt of offers;

> \(3\) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient
    detail to evaluate compliance with the requirements in the
    solicitation. This may include product literature, or other
    documents, if necessary;

> \(5\) Terms of any express warranty;

(6) Price and any discount terms;

> \(7\) \"Remit to\" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR
    52.212-3;

(9) Acknowledgment of Solicitation Amendments;

> \(10\) Past performance information, to include recent and relevant
> contracts for the same or similar items and other references
> (including contract numbers, points of contact with telephone numbers
> and other relevant information) (see M.04(2)); and
>
> \(11\) If the offer is not submitted on the SF 1449, include a
> statement specifying the extent of agreement with all terms,
> conditions, and provisions included in the solicitation. Offers that
> fail to furnish required representations or information, or reject the
> terms and conditions of the solicitation may be excluded from
> consideration.
>
> \(c\) *Period for acceptance of offers*. The offeror agrees to hold
> the prices in its offer firm for 30 calendar days from the date
> specified for receipt of offers, unless another time period is
> specified in an addendum to the solicitation.
>
> \(d\) *Product samples*. When required by the solicitation, product
> samples shall be submitted at or prior to the time specified for
> receipt of offers. Unless otherwise specified in this solicitation,
> these samples shall be submitted at no expense to the Government, and
> returned at the sender\'s request and expense, unless they are
> destroyed during preaward testing.
>
> \(e\) *Multiple offers*. Offerors are encouraged to submit multiple
> offers presenting alternative terms and conditions or commercial items
> for satisfying the requirements of this solicitation. Each offer
> submitted will be evaluated separately.
>
> \(f\) *Late submissions, modifications, revisions, and withdrawals of
> offers.*
>
> \(1\) Offerors are responsible for submitting offers, and any
> modifications, revisions, or withdrawals, so as to reach the
> Government office designated in the solicitation by the time specified
> in the solicitation.
>
> (2)(i) Any offer, modification, revision, or withdrawal of an offer
> received at the Government 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 Officer determines that accepting the late offer would not
> unduly delay the acquisition; and-
>
> \(A\) If it was transmitted through an electronic commerce method
> authorized by the solicitation, it was received at the initial point
> of entry to the Government infrastructure not later than 5:00 p.m. one
> working day prior to the date specified for receipt of offers; or
>
> \(B\) There is acceptable evidence to establish that it was received
> at the Government installation designated for receipt of offers and
> was under the Government\'s control prior to the time set for receipt
> of offers; or
>
> \(C\) If this solicitation is a request for proposals, it was the only
> proposal received.
>
> \(ii\) However, a late modification of an otherwise successful offer,
> that makes its terms more favorable to the Government, will be
> considered at any time it is received and may be accepted.
>
> \(3\) Acceptable evidence to establish the time of receipt at the
> Government installation includes the time/date stamp of that
> installation on the offer wrapper, other documentary evidence of
> receipt maintained by the installation, or oral testimony or
> statements of Government personnel.
>
> \(4\) If an emergency or unanticipated event interrupts normal
> Government processes so that offers cannot be received at the
> Government office designated for receipt of offers by the exact time
> specified in the solicitation, and urgent Government requirements
> preclude amendment of the solicitation or other notice of an extension
> of the closing date, the time specified for receipt of offers will be
> deemed to be extended to the same time of day specified in the
> solicitation on the first work day on which normal Government
> processes resume.
>
> \(5\) Offers may be withdrawn by written notice received at any time
> before the exact time set for receipt of offers. Oral offers in
> response to oral solicitations may be withdrawn orally. If the
> solicitation authorizes facsimile offers, offers may be withdrawn via
> facsimile received at any time before the exact time set for receipt
> of offers, subject to the conditions specified in the solicitation
> concerning facsimile offers. An offer may be withdrawn in person by an
> offeror or its authorized representative if, before the exact time set
> for receipt of offers, the identity of the person requesting
> withdrawal is established and the person signs a receipt for the
> offer.
>
> \(g\) *Contract award (not applicable to Invitation for Bids*). The
> Government intends to evaluate offers and award a contract without
> discussions with offerors. Therefore, the offeror\'s initial offer
> should contain the offeror\'s best terms from a price and technical
> standpoint. However, the Government reserves the right to conduct
> discussions if later determined by the Contracting Officer to be
> necessary. The Government may reject any or all offers if such action
> is in the public interest; accept other than the lowest offer; and
> waive informalities and minor irregularities in offers received.
>
> \(h\) *Multiple awards*. The Government may accept any item or group
> of items of an offer, unless the offeror qualifies the offer by
> specific limitations. Unless otherwise provided in the Schedule,
> offers may not be submitted for quantities less than those specified.
> The Government reserves the right to make an award on any item for a
> quantity less than the quantity offered, at the unit prices offered,
> unless the offeror specifies otherwise in the offer.
>
> \(I\) *Data Universal Numbering System (DUNS) Number.* (Applies to
> offers exceeding \$25,000.) The offeror shall enter, in the block with
> its name and address on the cover page of its offer, the annotation
> \"DUNS\" followed by the DUNS number that identifies the offeror\'s
> name and address. If the offeror does not have a DUNS number, it
> should contact Dun and Bradstreet to obtain one at no charge. An
> offeror within the United States may call 1-800-333-0505. The offeror
> may obtain more information regarding the DUNS number, including
> locations of local Dun and Bradstreet Information Services offices for
> offerors located outside the United States, from the Internet home
> page at http://www.customerservice@dnb.com. If an offeror is unable to
> locate a local service center, it may send an e-mail to Dun and
> Bradstreet at globalinfo@mail.dnb.com.

**[L.02 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE
(SEP 1990)\
]{.underline}**

Any contract awarded as a result of this solicitation will be \[[\[
\]]{.underline}CS_3552\] DX rated order; \[[\[X\]]{.underline}CS_3516\]
DO rated order certified for national defense use under the Defense
Priorities and Allocations System (DPAS)(15 CFR 700), and the Contractor
will be required to follow all of the requirements of this regulation.
\[End of Provision\]

**[L.03 52.216-1 TYPE OF CONTRACT (APR 1984)\
]{.underline}**

The Government contemplates award of a [firm-fixed
price]{.underline}CS_3345 contract resulting from this solicitation.
\[End of Provision\]

##### **L.04 ALTERNATE BID INFORMATION**

Alternate bids are not solicited, are not desired, and shall not be
considered.

**[L.05 52.233-2 SERVICE OF PROTEST (SEP 1996) (As Modified by
952.233-2) (AUG 1996)\
]{.underline}**

\(a\) Protests, as defined in Section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgment of receipt from:

> Department of Energy\
> Albuquerque Operations Office\
> Contracts and Procurement Division P.O. Box 5400\
> Pennsylvania & H Streets, Bldg. 20388\
> Albuquerque, NM 87185-5400\
> ATTN: Martha L. Youngblood\
> Telephone Number: (505)845-4268

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

\(c\) Another copy of a protest filed with the General Accounting Office
shall be furnished to the following address within the time periods
described in paragraph (b) of this clause: U.S. Department of Energy,
Assistant General Counsel for Procurement and Financial Assistance
(GC-61), 1000 Independence Avenue, S.W., Washington, DC 20585, Fax:
(202) 586-4546.

\[End of Provision\]

**[L.06 952.233-4 NOTICE OF PROTEST FILE AVAILABILITY (SEP 1996)\
]{.underline}**

\(a\) If a protest of this procurement is filed with the General
Accounting Office (GAO) in accordance with 4 CFR Part 21, any actual or
prospective offeror may request the Department of Energy to provide it
with reasonable access to the protest file pursuant to FAR
33.104(a)(3)(ii), implementing section 1065 of Public Law 103-355. Such
request must be in writing and addressed to the contracting officer for
this procurement.

\(b\) Any offeror who submits information or documents to the Department
for the purpose of competing in this procurement is hereby notified that
information or documents it submits may be included in the protest file
that will be available to actual or prospective offerors in accordance
with the requirements of FAR 33.104(a)(3)(ii), The Department will be
required to make such documents available unless they are exempt from
disclosure pursuant to the Freedom of Information Act. Therefore,
offerors should mark any documents as to which they would assert that an
exemption applies. (See 10 CFR part 1004.).

\[End of Provision\]

**[L.07 952.233-5 AGENCY PROTEST REVIEW (SEP 1996)\
]{.underline}**

Protests to the Agency will be decided either at the level of the Head
of the Contracting Activity or at the Headquarters level. The Department
of Energy\'s agency protest procedures, set forth in 933.103, elaborate
on these options and on the availability of a suspension of a
procurement that is protested to the agency. The Department encourages
potential protesters to discuss their concerns with the contracting
officer prior to filing a protest. \[End of Provision\]

**[L.08 TIME, DATE, AND PLACE PROPOSALS ARE DUE\
]{.underline}**

\(a\) Mailed PROPOSALS/BIDS shall be marked as follows:

From:\
[\_\_\_\_\_\_\_\_\_\_]{.underline}CS_5435\
[\_\_\_\_\_\_\_\_\_\_]{.underline}CS_5436\
[\_\_\_\_\_\_\_\_\_\_]{.underline}CS_5437\
[\_\_\_\_\_\_\_\_\_\_]{.underline}CS_5438

To:\
Department of Energy\
Albuquerque Operations Office\
Contracts and Procurement Division/[N]{.underline}CS\_-1\
P.O. Box 5400\
Albuquerque, NM 87185-5400\
ATTN: Patsy J. Garcia\
Solicitation No.: DE-RP04-03AL67842

Due: 4[:00 PM MST]{.underline}CS_3099 [January 3,
2003]{.underline}CS_3097\
(Time) (Date)

**NOTICE TO DOE MAIL ROOM: DO NOT OPEN. THIS IS A PROPOSAL/BID UNDER THE
ABOVE-IDENTIFIED SOLICITATION.**

\(b\) [Handcarried PROPOSALS/BIDS]{.underline}. Due to security
concerns, hand carried proposals will not be accepted for this
solicitation.

\(c\) Expressed-Mailed PROPOSALs shall be marked as follows:

From:\
[\_\_\_\_\_\_\_\_\_\_]{.underline}CS_5435\
[\_\_\_\_\_\_\_\_\_\_]{.underline}CS_5436\
[\_\_\_\_\_\_\_\_\_\_]{.underline}CS_5437

To:\
Department of Energy\
Albuquerque Operations Office\
Texas and H Streets (Bldg. 20388)\
Kirtland AFB (East)\
Albuquerque, NM 87116\
ATTN: Patsy J. GarciaCS\_-1\
\
Solicitation No.: DE-RP04-03AL67842

Due: [4:00 PM MST]{.underline}CS_3099 [January 3,
2003]{.underline}CS_3097\
(Time) (Date)

\(d\) All PROPOSAL/BID are due NO LATER THAN 4[:00 PM
MST]{.underline}CS_3099 p.m. (day of week, date) local time on [January
3, 2003]{.underline}CS_3097. (CAUTION: See the applicable provision
describing treatment of late submissions, modifications, and withdrawals
of PROPOSAL/BID.) \[End of Provision\]

###### **L09 AMENDMENT OF THE SOLICITATION**

The only method by which any of the terms of this solicitation may be
modified is by an express, formal amendment to the solicitation
generated by the issuing office, and posted to the internet site. No
other communication made at any scheduled pre-proposal conference or
subsequent discussions, whether oral or in writing, will modify or
supersede the terms of this solicitation. Receipt of an amendment to a
solicitation by an offeror must be acknowledged in accordance with the
solicitation provision "Amendments to Solicitations". Such
acknowledgment must be received prior to the hour and specified for
receipt of offers.

**[L.10 THE DOE ISSUING OFFICE\
]{.underline}**\
Department of Energy\
Albuquerque Operations Office\
Office of Contracts and Procurement\
P.O. Box 5400\
Albuquerque, NM 87185-5400

ATTN: Patsy J. Garcia

**[L.11 NUMBER OF AWARDS\
]{.underline}**

It is anticipated that there will be one or more award(s) resulting from
this solicitation. The Government reserves the right to make any number
of awards, or no award, if it is considered to be in the Government\'s
best interest to do so. \[End of Provision\]

**[L.12 EXPENSES RELATED TO PROPOSAL OR BID SUBMISSIONS\
]{.underline}**

This solicitation does not commit the Government to pay any costs
incurred in the submission of any proposal or bid; in making necessary
studies or designs for the preparation thereof; or to acquire or
contract for any services. \[End of Provision\]

**[L.13 PREPROPOSAL CONFERENCE\--NOT CONTEMPLATED\
]{.underline}**

There will be no preproposal conference held for this solicitation.
\[End of Provision\]

**[L.14 CLASSIFIED MATERIAL\--NONE\
]{.underline}**

Performance under the proposed contract DOES NOT involve access to
classified material.

\[End of Provision\]

**[L.15 RESPONSIBLE PROSPECTIVE CONTRACTORS\
]{.underline}**

The general and additional minimum standards for responsible prospective
contractors set forth at FAR 9.1 apply. The Government may use one or
more methods available to determine contractor responsibility. \[End of
Provision\]

**[L.16 INFORMATION CONCERNING AWARD\
]{.underline}**

Written notice to unsuccessful proposer's or bidders and contract award
information will be promptly released in accordance with applicable FAR
or DEAR parts. \[End of Provision\]

**[L.17 DISPOSITION OF PROPOSALS OR BIDS\
]{.underline}**

Proposals or bids will not be returned (except in the case for timely
withdrawals) and will be appropriately dispositioned. \[End of
Provision\]

**[L.18 BRAND NAME OR EQUAL\
]{.underline}**

As used in this clause, the term \"brand name\" includes identification
of products by make and model.

\(a\) If the items being acquired in this solicitation have been
identified in the schedule by a \"brand name or equal\" description,
such identification is intended to be descriptive, not restrictive, and
is to indicate the quality and characteristics of the product(s) that
will be satisfactory. Offers of \"equal\" products (including products
of the manufacturer other than the one described by brand name) will be
considered for award if such products are clearly identified in the
offer and are determined by the Government to fully meet the salient
characteristics and requirements listed in the solicitation.

\(b\) Unless the offeror clearly indicates that an \"equal\" product is
being offered, the offer shall be considered as the \"brand name\"
product referenced in the solicitation.

\(c\) (1) If the offeror proposes to furnish an \"equal\" product, the
brand name, if any, of the product to be furnished shall be inserted in
the space provided in the solicitation, or such product shall be
otherwise clearly identified in the offer. The evaluation and the
determination as to equal ness of the product offered shall be the
responsibility of the Government and will be based on information
furnished by the offeror, or identified in the offer, as well as other
information reasonably available to the purchasing activity. CAUTION TO
OFFERORS. The purchasing activity is not responsible for locating or
securing any information which is not identified in the offer, yet is
reasonably available to the purchasing activity. To ensure that
sufficient information is available, the offeror must furnish as a part
of the offer all descriptive material (such as cuts, illustrations,
drawings, or other information) necessary for the purchasing activity to
(i) determine whether the product offered meets the salient
characteristics and requirements of the solicitation, and (ii) establish
exactly what the offeror proposes to furnish and what the Government
would be bound to purchase by making an award. The information furnished
may include specific references to information previously furnished or
to information otherwise available to the purchasing activity.

\(2\) If the offeror proposes to modify a product to make it conform to
the requirements of the solicitation, the following shall be included in
the offer: (i) a clear description of such proposed modifications and
(ii) clearly marked descriptive material to show the proposed
modifications.

\(3\) Modifications proposed to make a product conform to a brand name
product will not be considered after the due date for offers. \[End of
Provision\]

**[L.19 SOLICITATION INFORMATION ON THE INTERNET\
]{.underline}**

\(a\) Solicitation. A copy of this solicitation will be located on the
Department of Energy, Albuquerque Operations Office Home Page at the
following world wide web (www) address.

[http://www.doeal.gov.cpd/curnt97.html]{.underline}CS_3079

\(b\) References

Federal Acquisition Circular (FAC) =
[http://www.gsa.gov/far/fac/facs.html]{.underline}CS_3266

DOE and AL Directives =
[http://www.explorer.doe.gov:1776/htmls/directives.html]{.underline}CS_3024\
\[End of Provision\]

**[L.20 COST/PRICING SUMMARY]{.underline}**

Cost Exhibit L-1, "Cost/Pricing Summary" shall be completed by the
Contractor. Failure to provide all forms requested and follow
instructions may render offer non-responsive. For purposes of this
proposal and for uniformity in bidding, \$10,000.00 per year has been
used as the value of shipping in Exhibit L-1.

**SECTION L**\
\
**LIST OF ATTACHMENTS**

### ATTACHMENT DESCRIPTION NO. OF PAGES

I Cost/Pricing Summary 1

#########  

######### SECTION M

**EVALUATION FACTORS FOR AWARD**

**M.01 [EVALUATION OF PROPOSALS]{.underline}**

####### This acquisition will be conducted pursuant to the policies and procedures in Federal Acquisition Regulation (FAR) Part 15 and Department of Energy Acquisition Regulation (DEAR) Part 915. DOE has established a source evaluation team (SET) to evaluate the proposals and conduct any necessary performance testing for this acquisition. Proposals will be evaluated by the SET members in accordance with applicable procedures contained in FAR Part 15, DEAR Part 915, and the Evaluation Factors hereinafter described. 

(a) The instructions set forth in Section L are designed to provide
    guidance to the offeror concerning the documentation that will be
    evaluated by the SET. The offeror must furnish adequate and specific
    information in its response.

\(c\) A proposal will be eliminated from further consideration before
the initial ratings if the proposal is so grossly and obviously
deficient as to be totally unacceptable on its face. For example, a
proposal will be deemed unacceptable if it does not represent a
reasonable initial effort to address itself to the essential
requirements of the RFP, or if it clearly demonstrates that the offeror
does not understand the requirements of the RFP. In the event that a
proposal is rejected, a notice will be sent to the offeror stating the
reason(s) that the proposal will not be considered for further
evaluation under this solicitation.

\(d\) Prior to an award, a finding will be made regarding whether any
possible Organizational Conflict of Interest (OCI) exists with respect
to the apparent successful offeror(s) or whether there is little or no
likelihood that such conflict exists. In making this determination, DOE
will consider the representation required by Section K of this
solicitation. An award will be made if there is no OCI or if any
potential OCI can be appropriately avoided or mitigated.

\(e\) For the purpose of evaluation information on an Offeror's
experience and past performance, DOE will consider information on all of
those companies comprising the Offeror's "contractor team arrangement"
who are responsive to the supply requirements of this contract.

\(f\) The Government intends to evaluate proposals and award one or more
contracts without discussions with Offerors (but clarifications as
described in FAR 15.306(a) may be required). Therefore, the Offeror's
initial proposal should contain the Offeror's best terms. The Government
reserves the right to conduct discussions if the Contracting Officer
later determines them to be necessary.

\(g\) Any deviations or exceptions to the terms of the model contract
may make the offer unacceptable for award with or without discussions.
If an offeror proposes exceptions to the terms and conditions of the
contract, the Government may make an award without discussions to
another Offeror that did not take exception to the terms and conditions
of the contract.

\(h\) An overall rating of unacceptable in technical capability may
result in the elimination of the proposal from further consideration
regardless of the rating of the other criteria (Experience/Past
Performance and/or Price).

####### **M.02 BASIS FOR CONTRACT AWARD**

The Government intends to award one or more contract(s) to the
responsible offeror whose proposal is responsive to the solicitation and
is determined to be the best value to the Government. Selection of the
best value to the Government will be achieved through a process of
evaluating each Offeror's proposal against the Evaluation Criteria
described below. In determining the best value to the Government, the
Technical Capability and Experience/Past Performance, are significantly
more important than the Price evaluation criteria.

####### 

####### **M.03 OVERALL IMPORTANCE OF EVALUATION CRITERIA**

The evaluation factors in M.04 below are listed in order of importance,
i.e., Technical Capability is more important than Experience/Past
Performance and Experience/Past Performance is more important than
Price.

####### **M.04 FAR 52.212-2 EVALUATION CRITERIA-- COMMERCIAL ITEMS (JAN 1999)**

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

**(1) [Technical Capability]{.underline}** of the item offered to meet
the Government supply requirements as follows:

> \(a\) Ammunition Specifications
>
> DOE considers ammunition reliability, quality, and consistency of
> performance to be crucial factors. Therefore, to receive full credit
> under this sub-criterion, all training and duty ammunition as
> specified in Sections B.01 and B.02 of this solicitation shall meet or
> exceed SAAMI, ANSI, NATO, or military specifications for training and
> duty ammunition. Offerors shall submit documentation (e.g.,
> certificate of compliance, etc.) that all training and duty ammunition
> are in compliance with SAAMI, ANSI, NATO, or military specifications.
>
> If some other standard for ammunition manufacturing is used other than
> SAAMI, ANSI, NATO, or military specifications for ammunition
> manufacturing, the offeror must specify which standard is being used
> and explain how the standard is similar or equivalent to the standards
> under SAAMI, ANSI, NATO, or military specifications for training and
> duty ammunition. If no standard for ammunition manufacturing is used,
> the offeror must specify: "NO STANDARD FOR AMMUNITION MANUFACTURING IS
> USED."
>
> If the offeror fails to list which standard for ammunition
> manufacturing is being used or fails to specify that no standard for
> ammunition manufacturing is used, DOE will consider this to be
> non-responsive and may eliminate the offeror's proposal from further
> consideration regardless of the rating of the other criteria. In
> addition, if some other standard is used other than SAAMI, ANSI, NATO,
> or military specifications, and the offeror fails to explain how the
> standard is similar or equivalent to SAAMI, ANSI, NATO, or military
> specifications, DOE will consider this to be non-responsive and may
> eliminate the offeror's proposal from further consideration regardless
> of the rating of the other criteria.
>
> \(b\) Contractor Ammunition Inspection and Quality Control Testing
> Program
>
> An evaluation will be made based primarily on the Offeror's
> demonstrated present and past experience in conducting and maintaining
> an on-going ammunition inspection and quality control testing program
> for each type of ammunition being proposed. Offerors shall submit
> documentation on how they conduct sampling, inspection, and maintain
> quality control of the ammunition being produced.
>
> Offerors shall also submit OSHA 174, Material Safety Data Sheets
> (MSDS) for each category (handgun, shotgun, rifle, machine gun, and/or
> grenade) or each type of ammunition (caliber) being proposed, where
> applicable.
>
> See http://www.osha-slc.gov/Publications/MSDS/msdsform.html for OSHA
> 174.
>
> **(2)** **[Experience/Past Performance]{.underline}**
>
> The Offeror's past performance will be evaluated on the information
> furnished by both the offeror and its customers on similar ammunition
> supply contracts during the past four (4) years and in place for at
> least 3 months. The Government will consider the currency and
> relevance of the Offeror's past performance information, the source of
> the information, context of data, and general trends in performance.
> If the offeror does not have a record of relevant past performance
> information on similar supply contracts, or past performance
> information is otherwise not available, the offeror will not be
> evaluated favorably or unfavorably on past performance. The offeror's
> discussion of past performance problems and the corrective actions
> taken toward resolution, awards or special recognition received will
> be evaluated.
>
> **(3) [Price]{.underline}**
>
> The Offeror's cost proposal will be evaluated to determine the best
> value to the Government. For purposes of award, the proposals will be
> evaluated by preparing a price analysis. The results of the analyses
> will be considered in performing an integrated assessment of the
> proposals leading to the selection of a successful offeror.

(a) The Government intends to evaluate proposals and award one or more
    contracts without discussions.

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

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

####### **M.05 F.O.B. DESTINATION EVALUATION**

> Bids received on a basis other than F.O.B. Destination (see FAR
> 52.247-34 "F.O.B. Destination) will be considered non-responsive and
> therefore will be rejected.

SPECIFICATIONS ATTACHMENT I

If an offeror, manufacturer, source, product or service covered by a
qualification requirement has already met the standards specified, the
relevant information noted below should be provided.

Offeror\'s Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Manufacturer\'s Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Source\'s Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Item Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Service Identification
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Test Number
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (to the
extent known)

Even though a product or service subject to a qualification requirement
is not itself an end item under this contract, the product,
manufacturer, or source must nevertheless be qualified at the time of
award of this contract. This is necessary whether the Contractor or a
subcontractor will ultimately provide the product or service in
question. If, after award, the Contracting Officer discovers that an
applicable qualification requirement was not in fact met at the time of
award, the Contracting Officer may either terminate this contract for
default or allow performance to continue if adequate consideration is
offered and the action is determined to be otherwise in the
Government\'s best interests.

If an offeror, manufacturer, source, product or service has met the
qualification requirement but is not yet on a qualified products list,
qualified manufacturers list, or qualified bidders list, the offeror
must submit evidence of qualification prior to award of this contract.
Unless determined to be in the Government\'s interest, award of this
contract shall not be delayed to permit an offeror to submit evidence of
qualification.

Any change in location or ownership of the plant where a previously
qualified product or service was manufactured or performed requires
reevaluation of the qualification. Similarly, any change in location or
ownership of a previously qualified manufacturer or source requires
reevaluation of the qualification. The reevaluation must be accomplished
before the date of award.

(End of clause)

######## 

######## 

######## 

Section J, Attachment I

Page 1 of 2

# SPECIFICATIONS

I. Handgun, shotgun, and rifle ammunition shall meet or exceed SAAMI,
ANSI, North Atlantic Treaty Organization (NATO), military
specifications, or other similar or equivalent specification/standard
for handgun, shotgun, and rifle ammunition.

In the event the ammunition specified is not included in the appropriate
SAAMI, ANSI, NATO, or military specifications, dimensions shall meet the
most closely listed cartridge and pressures and shall be within the
factory stated limits for the following firearms:

9mm Handgun/SMG

> Smith and Wesson, Models 5906 and 3906

Sig Sauer, Models 226 and 225

Berretta, Model 92F

H&K, MP-5, MP-5SD and P-7

Colt, 9mm SMG

Glock, Models 17 and 19

38 SPC Handguns

> Smith and Wesson, L and K frame revolvers, 4 inch

.40 S&W handguns

> Glock, Models 22 and 23
>
> HK USP

.45 Handguns

> Colt, Model 1911
>
> Smith and Wesson, Models 4506 and 4516

Sig Sauer, Model 220

.223/5.56mm Rifles and Machineguns

Colt and other manufacturers, Models, and variations of M-16/AR -- 15,
M-4

H&K, Models 23, 33, 53

.308/7.62 mm Rifles and Machineguns

Military M-14

H&K, Models G-3, 21 and 91

Remington, Model 700

FN Model 240

Velocity measurements shall be stated and consistent within + or --
(five percent) of the stated velocity.

II\. The tolerance for the amount of grain for all cartridges is:

To 100 grains: + or -- 2%

100 grains and up: + or -- 1 ½ %

III\. Shell casings shall be brass for handgun and rifle ammunition.

IV\. Shell casings for shotgun for 00 buck and slug ammunition shall be
of contrasting colors; e.g., 00 buck casings red, and slug casings
green.