Exhibit
10.36


 


	
  SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

  	
   

  	
  1. Requisition Number

  	
   

  	
   

  
	
   

  	
   

  	
  Offeror To Complete Blocks 12, 17, 23, 24 & 30

  	
   

  	
  SEE
  SCHEDULE

  	
   

  	
   

  
	
  2. Contract No.

  	
   

  	
  3.

  	
  Award/Effective

  	
   

  	
  4.   Order

  	
   

  	
  5.  Solicitation Number

  	
   

  	
  6. Solicitation Issue Date

  
	
  W56HZV-06-C-0203

  	
   

  	
   

  	
  Date:

  	
   

  	
  Number

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  7.   For Solicitation

  	
   

  	
  A.

  	
  Name

  	
   

  	
   

  	
   

  	
  B. Telephone Number 

  	
   

  	
  8. Offer Due Date/Local

  
	
  Information Call

  	
  

  	
   

  	
  REBECCA
  TABOR

  	
   

  	
   

  	
   

  	
  (No Collect Calls)  

  	
   

  	
  Time

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  (586)753-2294

  	
   

  	
   

  
	
  9. Issued By

  	
   

  	
  Code     W56HZV

  	
   

  	
  10. This Acquisition Is

  	
  11.

  	
  Delivery For 

  	
   

  	
  12. Discount

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  FOB

  	
   

  	
  Terms

  
	
   

  	
  TACOM
  WARREN

  	
   

  	
  ý Unrestricted

  	
   

  	
  Destination

  	
   

  	
   

  
	
   

  	
  AMSTA-AO-ABGD

  	
   

  	
  o  Set Aside: %

  	
   

  	
  Unless Block Is

  	
   

  	
   

  
	
   

  	
  WARREN,
  MICHIGAN 48397-5000

  	
   

  	
  For

  	
   

  	
  Marked

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  HTTP://CONTRACTING.TACOM.ARMY.MIL

  	
   

  	
  o  Small Business

  	
   

  	
  o See Schedule

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  o  Hubzone Small 

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  Business

  	
   

  	
  ý 13a. This Contract Is A Rated

  
	
   

  	
   

  	
   

  	
  o  8(A)

  	
   

  	
  Order

  
	
  e-mail: TABORR@TACOM.ARMY.MIL

  	
   

  	
   

  	
   

  	
  Under DPAS (15 CFR 700)

  
	
   

  	
   

  	
  NAICS: 336992

  	
   

  	
   

  
	
   

  	
   

  	
  Size Standard:

  	
   

  	
  13b. Rating:

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
  DXA4

  
	
   

  	
   

  	
   

  	
   

  	
  14.   Method Of Solicitation

  
	
   

  	
   

  	
   

  	
   

  	
  o RFQ

  	
  o IFB

  	
  o RFP

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  15. Deliver To

  	
   

  	
  Code

  	
   

  	
  16.

  	
  Administered By

  	
   

  	
   

  	
   

  	
  Code

  	
  S1103A

  
	
  SEE
  SCHEDULE

  	
   

  	
   

  	
   

  	
   

  	
  DCMA
  ATLANTA

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
  2300
  LAKE PARK DRIVE,

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
  SUITE
  300

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
  SMYRNA,
  GA 30080

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Telephone No.

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  17a. Contractor/Offeror

  	
  Code 1EFH8

  	
  Facility

  	
  18a.

  	
  Payment Will Be Made By

  	
   

  	
   

  	
   

  	
  Code

  	
  HQ0338

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  FORCE
  PROTECTION INDUSTRIES, INC.

  	
   

  	
   

  	
  DFAS
  COLUMBUS CENTER

  	
   

  	
   

  
	
  9801
  HIGHWAY 78

  	
   

  	
   

  	
  SOUTH
  ENTITLEMENT OPERATIONS

  	
   

  	
   

  
	
  LADSON,
  SC 29456-3802

  	
   

  	
   

  	
  PO
  BOX 182264

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  COLUMBUS,
  OHIO 43218-2264

  	
   

  	
   

  
																														



 


	
  Telephone No. (843)740-7015

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  o 17b Check If Remittance Is Different And Put Such

  	
  18b.

  	
  Submit Invoices To Address Shown In Block 18a Unless

  
	
  Address In Offer

  	
  Block Below Is Checked

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  o See Addendum

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  23.

  	
   

  	
   

  
	
  19.

  	
   

  	
  20.

  	
   

  	
  21.

  	
   

  	
  22.

  	
   

  	
  Unit

  	
   

  	
  24.

  
	
  Item
  No.

  	
   

  	
  Schedule Of Supplies/Services

  	
   

  	
  Quantity

  	
   

  	
  Unit

  	
   

  	
  Price

  	
   

  	
  Amount

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  SEE SCHEDULE

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  (Use
  Reverse and/or Attach Additional Sheets As

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Necessary)

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
																					



 


	
  25. Accounting And Appropriation Data

  	
   

  	
  26. Total Award Amount (For Govt. 

  
	
   ACRN: AA 21 62020000066D8030P1351972572
  S20113 W56HZV

  	
   

  	
  Use Only)

  
	
   

  	
   

  	
  $4,999,895.75

  



 


	
  o

  	
  27a. Solicitation Incorporates By Reference FAR
  52.212-1,52.212-4, FAR 52.212-3 And 52.212-5 Are 

  	
   

  	
  o

  	
  o Are Not 

  
	
   

  	
    Attached. Addenda

  	
   

  	
   

  	
  Attached.

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ý

  	
  27b. Contract/Purchase Order Incorporates By
  Reference FAR 52.212-4, FAR 52.212-5 Is Attached. 

  	
   

  	
  ý

  	
  o Are Not 

  
	
   

  	
     Addenda

  	
   

  	
   

  	
  Attached.

  
	
   

  	
   

  	
   

  	
   

  



 

















 


	
  ý   28. Contractor Is Required To Sign This
  Document And Return 2 Copies to 

  	
   

  	
  29. o Award Of Contract:

  
	
  Issuing Office.  Contractor Agrees To Furnish
  And Deliver All Items Set Forth Or

  	
   

  	
  REF.

  	
  Offer Dated

  
	
  Otherwise Identified Above And On Any Additional
  Sheets Subject To The Terms

  	
   

  	
  Your Offer On Solicitation (Block 5),

  
	
  And Conditions Specified Herein.

  	
   

  	
  Including Any Additions Or Changes 

  
	
   

  	
   

  	
  Which Are Set Forth Herein, Is Accepted

  
	
   

  	
   

  	
  As To Items:

  
	
   

  	
   

  	
   

  
	
  30a. Signature Of Offeror/Contractor

  	
   

  	
  31a. United States Of America (Signature Of
  Contracting

  
	
  /s/
  Ted M. McQuinn

  	
   

  	
  Officer)

  
	
   

  	
   

  	
   

  
	
  30b. Name And Title Of Signer (Type Or Print)

  	
  30c. Date

  	
   

  	
  31b. Name Of Contracting Officer

  	
  31c. Date Signed

  
	
   

  	
  Signed

  	
   

  	
  (Type Or Print)

  	
   

  
	
   

  	
   

  	
   

  	
  VICTOR
  J. VAUGHN

  	
   

  
	
   

  	
   

  	
   

  	
  VAUGHNV@TACOM.ARMY.MIL
  (586)574-8283

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Authorized For Local Reproduction

  	
   

  	
  Standard Form 1449 (Rev. 4/2002)

  
	
  Previous Edition Is Not Usable

  	
   

  	
  Prescribed By GSA-FAR (48 CFR) 53.212

  
										



 

















 


	
  19.

  	
   

  	
  20.

  	
   

  	
  21.

  	
   

  	
  22.

  	
   

  	
  23.

  	
   

  	
  24.

  
	
  Item
  No.

  	
   

  	
  Schedule Of Supplies/Services

  	
   

  	
  Quantity

  	
   

  	
  Unit

  	
   

  	
  Unit Price

  	
   

  	
  Amount

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


	
  32a. Quantity In Column 21 Has Been

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  o Received    o
  Inspected    o Accepted, And Conforms To
  The

  	
   

  	
   

  
	
  Contract, Except As Noted:

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  32b. Signature Of Authorized Government.

  	
  32c. Date

  	
   

  	
  32d. Printed Name and Title of Authorized Government 

  
	
  Representative

  	
   

  	
  Representative

  
	
   

  	
   

  	
   

  
	
  32e. Mailing Address of Authorized Government
  Representative

  	
   

  	
  32f. Telephone Number of Authorized Government 

  
	
   

  	
   

  	
  Representative

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  32g. E-Mail of Authorized Government Representative

  
	
   

  	
   

  	
   

  
	
  33. Ship Number

  	
  34.Voucher Number

  	
  35. Amount Verified

  	
   

  	
  36. Payment

  	
  37. Check Number

  
	
   

  	
   

  	
  Correct For

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Partial

  	
  Final

  	
   

  	
   

  	
  o Complete 

  	
  o

  
	
   

  	
   

  	
   

  	
   

  	
  Partial

  	
  Final

  	
   

  
	
  38. S/R Account

  	
  39. S/R Voucher

  	
  40. Paid By

  	
   

  	
   

  	
   

  	
   

  
	
  Number

  	
  Number

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  41a. I Certify This Account Is Correct And Proper For
  Payment

  	
   

  	
  42a. Received By (Print)

  
	
  41b. Signature And Title Of Certifying Officer

  	
  41c. Date

  	
   

  	
  42a. Received At (Location)

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  42c. Date Rec’d (YY/MM/DD)

  	
  42d. Total Containers

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  Standard Form 1449 (Rev. 4/2002) Back

  
													



 

















 


 


	
   

  	
  Reference
  No. of Document Being Continued

  	
   

  
	
  CONTINUATION SHEET

  	
   

  	
   

  
	
   

  	
  PIIN/SIIN  W56HZV-06-C-0203

  	
   

  
	
   

  	
  MOD/AMD

  	
   

  



 


Name of Offeror or Contractor:    FORCE PROTECTION INDUSTRIES,  INC.


 


SUPPLEMENTAL INFORMATION


 


	
   

  	
   

  	
  Regulatory
  Cite

  	
   

  	
  Title

  	
   

  	
  Date

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  1

  	
  52.204-4850

  	
   

  	
  ACCEPTANCE
  APPENDIX

  	
   

  	
  DEC/2005

  
	
   

  	
   

  	
  (TACOM)

  	
   

  	
   

  	
   

  	
   

  



 


(a)           Contract Number W56HZV-06-C-0203 is awarded
to Force Protection Industries, Inc.  The Government accepts your
proposal dated 09 February 2006, signed by Susan Harp, Senior Contract
Administrator of your company.


 


(b)           The contractor, in its proposal, provided
data for various solicitation causes, and that data has been added in this
contract:


 


(c)           Any attachments not included with this
document will be provided by TACOM-Warren directly to the administrative
contracting officer (ACO) via e-mail.  Within one week of this award, any
office not able to obtain these attachments from TACOM’s website
(https://contracting.tacom.army.mil/) and still requiring a copy, can it
request it by sending an e-mail message to the buyer listed on the front page
of this contract.


 


[End of Clause]


 


	
   

  	
  2

  	
  52.204-4016

  	
   

  	
  TACOM-WARREN
  ELECTRONIC CONTRACTING

  	
   

  	
  JUN/2005

  
	
   

  	
   

  	
  (TACOM)

  	
   

  	
   

  	
   

  	
   

  



 


(a)           All TACOM solicitations and awards are
distributed on the TACOM Warren Business Opportunities web page (http://contracting.tacom.army.mil/opportunity.htm)
and are no longer available in hard copy.  The TDPs and other documents,
when available electronically, will be an attachment or linked to the
solicitation package on the web.


 


(b)           You may need to use special software to view
documents that we post on the home page.  This viewing software is
freeware, available for download at no cost from commercial web sites like
Microsoft and Adobe.  In cases where such software is required, we provide
a link from our page to the commercial site where the software is
available.  Once you arrive at the software developer’s site, follow their
instructions to download the free viewer.  You then can return to the
TACOM home page.


 


(c)           Unless otherwise authorized in this
solicitation, you are required to submit your offer, bid, or quote
electronically.  Please go to the following webpage for detailed
information about submitting your offer electronically:
http://contracting.tacom.army.mil/ebidnotice.htm


 


Note Regarding Datafax:


 


(1)           When using a datafax to transmit an offer,
the datafax file cannot exceed 3.5 megabytes.  Clearly state Quote, Offer,
or Bid on your fax cover page or on the subject line of the e-mail. Use
only one of the terms Quotation, Offer, or Bid depending on the solicitation
type.  Include your company name and annotate the proper internal TACOM
address for proper internal routing.  The Internal TACOM addresses are:


 

















 


(i)            RFQ:  The contract specialist e-mail
address.  This information can be found on the front of the cover sheet or
the DD Form 1155.


 


(ii)           RFP and Sealed Bidding:  The Internal
TACOM Address is offers@tacom.army.mil


 


(2)           Authentication for datafax submission is
verified by the offeror returned address.


 


(3)           Send datafax to the e-mail address mentioned
above, based on the type of solicitation.  For RFQs, fax to the buyers fax
number as listed in the solicitation.  For RFPs and Sealed Biddings, fax
to the TACOM Network Fax Server at fax number 1-586-574-5527.


 


(4)           Additional information for Datafax Offers:
Submission of Quote, Bid, or Offer may be sent via fax using a personal
computer or a standalone fax machine. If either of these two methods of
transmission is used, it must be sent to the TACOM Network Fax Server at fax
number 1-586-574-5527. If a standalone fax machine is used, the possibility
exists that a confirmation of receipt will not be received.


 


(d)           Any award issued as a result of this
solicitation will be distributed electronically. Awards posted on the TACOM
Warren Business Opportunities web page represent complete OFFICIAL copies
of contract awards and will include the awarded unit price. This is the notice
required by Executive Order 12600 (June 23, 1987) of our intention to
release unit prices in response to any request under the Freedom of Information
Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or
item purchased as it appears in Section B of the contract and is NOT
referring to nor does it include Cost or Pricing data/information. If you
object to such release, and you intend on submitting an offer, notify the PCO
in writing prior to the closing date identified in this solicitation and
include the rationale for your objection consistent with the provisions of
FOIA. A release determination will be made based on rationale given.


 


(e)           If you have questions or need help in using
the Acquisition Center Home Page, call our Electronic Contracting Help Desk at
(586) 574-7059, or send an email message to: acqcenweb@tacom. army.mil. If you
have questions about the content of any specific item posted on our home page,
please call the buyer or point of contact listed for the item. For technical
assistance in doing business with the Government, and doing business
electronically, please visit the Procurement Technical Assistance Center
Website at http://www.sellingtothegovernment.net/index.asp to find a location
near you.


 


[End of Provision]


 


	
   

  	
  3

  	
  52.214-4003

  	
   

  	
  ALL
  OR NONE

  	
   

  	
  MAR/1998

  
	
   

  	
   

  	
  (TACOM)

  	
   

  	
   

  	
   

  	
   

  



 


Offers
in response to this solicitation must be submitted for the total quantity of
the items identified in the solicitation.


 


(1)   ONLY ONE AWARD WILL BE MADE AS A RESULT OF
THIS SOLICITATION.


 


(2)   OFFERS SUBMITTED FOR LESS THAN THE TOTAL
QUANTITIES OF ALL THE ITEMS IN THIS SOLICITATION ARE INELIGIBLE FOR AWARD.


 


[End of Clause]


 


	
   

  	
  4

  	
  52.217-4911

  	
   

  	
  NOTICE
  OF URGENT REQUIREMENT

  	
   

  	
  NOV/2001

  
	
   

  	
   

  	
  (TACOM)

  	
   

  	
   

  	
   

  	
   

  



 

















 


TACOM considers this requirement to be urgent.
Timely performance and delivery are essential. Deliveries ahead of
schedule are encouraged whenever they can be offered without additional cost
to the Government. The Contractor is requested to immediately contact the buyer
or contracting officer identified on the cover page of this document to
notify them of any pending or potential problems and/or suggestions for
contract streamlining that would enable faster deliveries.


 


[End of Provision]


 

















 


	
  ITEM

  NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1001

  	
   

  	
  NSN: 9999-99-999-9999

  SECURITY CLASS:   Unclassified

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1001AA

  	
   

  	
  PRODUCTION
  QUANTITY

  	
   

  	
  1

  	
   

  	
  LO

  	
   

  	
  $

  	
  4,827,555.120

  	
   

  	
  $

  	
  4,827,555.12

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  NOUN:   
  BUFFALO ASL

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PRON:   
  EH61W062EH      PRON AMD: 01 ACRN: AA

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AMS
  CD:    13519700000

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  THE DELIVERY OF THE ASL
  SPARE PARTS (SEE ATTACHMENT 001) TO CHARLESTON AFB SHALL BE AS FOLLOWS:

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  50% -  30 DARO

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  70% -  60 DARO

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  80% -  90 DARO

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  90% - 180 DARO

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  (End of narrative
  B001)

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Packaging and Marketing

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Inspection and
  Acceptance

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  INSPECTION:
    Origin

  	
  ACCEPTANCE: Origin

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Deliveries or
  Performance

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  DOC

  	
  SUPPL

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  REL

  CD

  	
   

  	
  MILSTRIP

  	
   

  	
  ADDR

  	
   

  	
  SIG

  CD

  	
   

  	
  MARK

  FOR

  	
   

  	
  TP CD

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  001

  	
   

  	
  W56HZV63575062

  	
   

  	
  Y00000

  	
   

  	
  M

  	
   

  	
  FB4418

  	
   

  	
  1

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  DEL
  REL CD

  	
   

  	
  QUANTITY

  	
   

  	
  DEL DATE

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  001

  	
   

  	
  1

  	
   

  	
  25-AUG-2006

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB POINT:  
   Destination

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  SHIP TO:   PARCEL
  POST ADDRESS

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  (Y00000)

  	
  SHIPPING INSTRUCTIONS
  FOR CONSIGNEE (SHIP-TO) WILL BE FURNISHED PRIOR TO THE SCHEDULED DELIVERY
  DATE FOR ITEMS REQUIRED UNDER THIS REQUISITION.

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  MARK

  	
  FB4418 437 LOGISTICS
  READ SQD

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOR:

  	
  CM PHN 843 963 4791

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  BLDG 610 307 NORTH
  GRAVES AVE

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  CHARLESTON AFB SC
  29404-4905

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
																													



 

















 


	
  ITEM

  NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1002

  	
   

  	
  PRODUCTION
  QUANTITY

  	
   

  	
  1

  	
   

  	
  EA

  	
   

  	
  $

  	
  156,073.47000

  	
   

  	
  $

  	
  156,073

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  NOUN:   20’
  ISO CONTAINERS

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PRON:  
  EH61W062EH          PRON
  AMD: 01          ACRN: AA

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AMS
  CD:    13519700000

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Packaging and
  Marketing

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inspection and
  Acceptance

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  INSPECTION:
    Origin          
  ACCEPTANCE: Origin

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Deliveries or
  Performance

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  DOC

  	
  SUPPL

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  REL

  CD

  	
   

  	
  MILSTRIP

  	
   

  	
  ADDR

  	
   

  	
  SIG CD

  	
   

  	
  MARK FOR

  	
   

  	
  TP CD

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  001

  	
   

  	
  W56HZV63575062

  	
   

  	
  Y00000

  	
   

  	
  M

  	
   

  	
   

  	
   

  	
  1

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  DEL
  REL CD

  	
   

  	
  QUANTITY

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  001

  	
   

  	
  1

  	
  25-AUG-2006

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB POINT:  
   Destination

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  SHIP TO:   PARCEL
  POST ADDRESS

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  (Y00000)

  	
  SHIPPING INSTRUCTIONS
  FOR CONSIGNEE (SHIP-TO) WILL BE FURNISHED PRIOR TO THE SCHEDULED DELIVERY
  DATE FOR ITEMS REQUIRED UNDER THIS REQUISITION.

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
																																										



 

















 


	
  ITEM

  NO

  	
   

  	
  SUPPLIES/SERVICES

  	
   

  	
  QUANTITY

  	
   

  	
  UNIT

  	
   

  	
  UNIT PRICE

  	
   

  	
  AMOUNT

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1003

  	
   

  	
  NSN: 9999-99-999-9999

  SECURITY CLASS: Unclassified

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1003AA

  	
   

  	
  PRODUCTION
  QUANTITY

  	
   

  	
  1

  	
   

  	
  EA

  	
   

  	
   

  	
  16,267.16000

  	
   

  	
   

  	
  16,267.16

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  NOUN:   
  TRANSPORTATION

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PRON:   
  EH61W062EH             
  PRON AMD:
  01             
  ACRN: AA

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AMS
  CD:    13519700000

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Packaging and
  Marketing

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Inspection and
  Acceptance

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  INSPECTION:
    Origin          
  ACCEPTANCE: Origin

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Deliveries or
  Performance

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  DOC

  	
  SUPPL

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  REL
  CD

  	
   

  	
  MILSTRIP

  	
   

  	
  ADDR

  	
   

  	
  SIG CD

  	
   

  	
  MARK FOR

  	
   

  	
  TP CD

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  001

  	
   

  	
  W56HZV63575062

  	
   

  	
  Y00000

  	
   

  	
  M

  	
   

  	
  FFBFB

  	
   

  	
  1

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  DEL
  REL CD

  	
   

  	
  QUANTITY

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  001

  	
   

  	
  1

  	
   

  	
  25-AUG-2006

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FOB POINT:  
   Destination

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  SHIP TO:   PARCEL
  POST ADDRESS

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  (Y00000)

  	
  SHIPPING INSTRUCTIONS
  FOR CONSIGNER (SHIP-TO) WILL BE FURNISHED PRIOR TO THE SCHEDULED DELIVERY
  DATE FOR ITEMS REQUIRED UNDER THIS REQUISITION

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
																																				



 

















 


DELIVERIES
OR PERFORMANCE


 


	
   

  	
   

  	
  Regulatory
  Cite

  	
   

  	
  Title

  	
   

  	
  Date

  
	
  1

  	
   

  	
  52.247-34

  	
   

  	
  F.O.B.
  DESTINATION

  	
   

  	
  NOV/1991

  
	
  2

  	
   

  	
  52.247-48

  	
   

  	
  F.O.B.
  DESTINATION—EVIDENCE OF SHIPMENT (DEVIATION)

  	
   

  	
  FEB/1999

  



 

















 


CONTRACT
ADMINISTRATION DATA


 


	
  LINE

  ITEM

  	
   

  	
  PRON/

  AMS CD/

  MIPR

  	
   

  	
  ACRN

  	
   

  	
  OBLG

  STAT

  	
   

  	
  ACCOUNTING CLASSIFICATION

  	
   

  	
   

  	
   

  	
  JOB

  ORDER

  NUMBER

  	
   

  	
  ACCOUNTING

  STATION

  	
   

  	
  OBLIGATED

  AMOUNT

  	
   

  
	
  1001AA

  	
   

  	
  EH61W062EH

  	
   

  	
  AA

  	
   

  	
  2

  	
   

  	
  21

  	
   

  	
  62020000066D8030P1351972572

  	
   

  	
  S20113

  	
   

  	
  6LUREF

  	
   

  	
  W56HZV

  	
   

  	
  $

  	
  4,827,555.12

  	
   

  
	
   

  	
   

  	
  53202881128

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  A16P5128911C

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1002AA

  	
   

  	
  EH61W062EH

  	
   

  	
  AA

  	
   

  	
  2

  	
   

  	
  21

  	
   

  	
  62020000066D8030P1351972572

  	
   

  	
  S20113

  	
   

  	
  6LUREF

  	
   

  	
  W56HZV

  	
   

  	
  $

  	
  156,073.47

  	
   

  
	
   

  	
   

  	
  53202881128

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  A16P5128911C

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1003AA

  	
   

  	
  EH61W062EH

  	
   

  	
  AA

  	
   

  	
  2

  	
   

  	
  21

  	
   

  	
  62020000066D8030P1351972572

  	
   

  	
  S20113

  	
   

  	
  6LUREF

  	
   

  	
  W56HZV

  	
   

  	
  $

  	
  16,267.16

  	
   

  
	
   

  	
   

  	
  53202881128

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  A16P51281C2T

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  TOTAL

  	
   

  	
  $

  	
  4,999,895.75

  	
   

  



 


	
  SERVICE

  NAME

  	
   

  	
  TOTAL BY

  ACRN

  	
   

  	
  ACCOUNTING CLASSIFICATION

  	
   

  	
   

  	
   

  	
  ACCOUNTING

  STATION

  	
   

  	
  OBLIGATED

  AMOUNT

  	
   

  
	
  Army

  	
   

  	
  AA

  	
   

  	
  21

  	
   

  	
  62020000066D8030P1351972572

  	
   

  	
  S20113

  	
   

  	
  W56HZV

  	
   

  	
  $

  	
  4,999,895.75

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  TOTAL

  	
   

  	
  $

  	
  4,999,895.75

  	
   

  



 


	
   

  	
   

  	
  Regulatory
  Cite

  	
   

  	
  Title

  	
   

  	
  Date

  
	
  1

  	
   

  	
  252.204-7006

  	
   

  	
  BILLING
  INSTRUCTIONS 

  	
   

  	
  OCT/2005

  



 


When
submitting a request for payment, the Contractor shall –


 


(a)          Identify the contract line item(s) on the payment request that
reasonably reflect contract work performance;


 


(b)         Separately identify a payment amount for each contract line item
included in the payment request.


 


[End of clause]


 


	
  2

  	
   

  	
  52.204-4011

  	
   

  	
  PAYMENT
  INSTRUCTIONS FOR THE DEFENSE FINANCE

  	
   

  	
  OCT/2005

  
	
   

  	
   

  	
  (TACOM)
  

  	
   

  	
  AND
  ACCOUNTING SERVICE (DFAS)

  	
   

  	
   

  



 


In
accordance with DFARS PGI 204.7108, the contract shall be paid in accordance
with DFARS PGI 204.7108(d)(5), line item specific by cancellation date.


 


[End of clause]


 

















 


SPECIAL
CONTRACT REQUIREMENTS


 


	
   

  	
   

  	
  Requlatorv Cite

  	
   

  	
  Title

  	
   

  	
  Date

  
	
  1

  	
   

  	
  252.204-7000

  	
   

  	
  DISCLOSURE
  OF INFORMATION

  	
   

  	
  DEC/1991

  
	
  2

  	
   

  	
  252.225-7013

  	
   

  	
  DUTY-FREE
  ENTRY

  	
   

  	
  JUN/2005

  
	
  3

  	
   

  	
  52.204-4005

  	
   

  	
  REQUIRED
  USE OF ELECTRONIC CONTRACTING

  	
   

  	
  SEP/2004

  



 


 (a) All contract awards, modifications
and delivery orders issued by TACOM will be issued electronically. The
contractor has the option to receive these actions either via the WorldWide Web
(WWW) or Electronic Data Interchange (EDI). Many provisions/clauses that appear
“by reference”, meaning only clause titles and regulation site are listed;
their full texts can be found at the website http://farsite.hill.af.mil/


 


(b) In order to be eligible
to receive an award under this solicitation, the successful offeror must be
registered with the Department of Defense (DOD) Central Contractor Registration
(CCR). The CCR registration process may be done electronically at the World
Wide Web (WWW) site: http://www.ccr.gov/ . (In order to be registered to use
EDI, you must use the long form for registration. Certification information,
including information on the EDI 838 TPP, must be furnished to the Contracting
Officer within 60 calendar days after contract award to complete networking
requirements within the Government.)


 


(c) Worldwide Web
Distribution. The contractor will receive an electronic Notice of the Award,
Modification, or Delivery Order via e-mail. If you choose the WWW option, you must
download the file from the appropriate TACOM webpage:


 


Warren:
http://contracting.tacom.army.mil/awd.htm


Rock Island:
httpls://ais.ria.army.mil/AAIS/AWDINFO/index.htm


Picatinny:
http://procnet.pica.army.mil/dbi/DynCBD/award.cfm


Red River Army Depot: http://www.redriver.army.mil/contractingframes/RecentAwards.DPD.cfm


Anniston Army Depot:
http://www.anadprocnet.army.mil/


 


(d) Electronic Data
Interchange. If you choose to receive contract awards, modifications and
delivery orders through EDI, they will be delivered electronically via the
Federal Acquisition Network (FACNET). Federal Standard Version 3050 of Standard
X12 from the American National Standards Institute (ANSI) will be used as the
format for these electronic transactions.


 


(1) You must complete the
EDI 838 Trading Partner Profile, and must agree (i) to subcontract with a DoD
certified VAN or Value Added Service (VAS) provider, or (ii) to become DoD
certified as a Value Added Network (VAN). The EDI 838 Training Partner Profile
is contained in the basic CCR registration form and includes portions of the
registration form which are titled “Optional”.


 


(2) You must select a VAN
from the official DoD approved list. DoD Certified VANs are listed at
http://www.acq.osd.mil/dpap/ebiz/VANs.htm. If your VAN is later removed from
the official list, or if you voluntarily drop your initially selected VAN, then
you must switch to a VAN that remains on the official DoD approved list. You
must maintain an active account on a DoD approved VAN for the entire duration
of the contract, beginning no later than the 60th day after award.


 


(e) Unless otherwise
specified elsewhere in the contract, all data items you are required to provide
under this contract must be submitted electronically. Please go to the
following webpage for detailed information about submitting your offer
electronically: http://contracting.tacom.army.mil/ebidnotice.htm


 


(f) Additional information
can be obtained by sending a message to: acqcenweb@tacom.army.mil or by calling
(586) 574-7059.


 


[End of Clause.]


 

















 


CONTRACT
CLAUSES


 


	
   

  	
   

  	
  Requlatorv Cite

  	
   

  	
  Title

  	
   

  	
  Date

  
	
  1

  	
   

  	
  52.223-3

  	
   

  	
  HAZARDOUS MATERIAL
  IDENTIFICATION AND MATERIAL SAFETY DATA

  	
   

  	
  JAN/1997

  
	
  2

  	
   

  	
  52.229-4

  	
   

  	
  FEDERAL, STATE, AND LOCAL
  TAXES (NONCOMPETITIVE CONTRACT)

  	
   

  	
  APR/2003

  
	
  3

  	
   

  	
  52.232-33

  	
   

  	
  PAYMENT BY ELECTRONIC
  FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION

  	
   

  	
  OCT/2003

  
	
  4

  	
   

  	
  52.233-4

  	
   

  	
  APPLICABLE LAW FOR BREACH
  OF CONTRACT CLAIM

  	
   

  	
  OCT/2004

  
	
  5

  	
   

  	
  52.247-58

  	
   

  	
  LOADING, BLOCKING, AND
  BRACING OF FREIGHT CAR SHIPMENTS

  	
   

  	
  APR/1984

  
	
  6

  	
   

  	
  52.253-1

  	
   

  	
  COMPUTER GENERATED FORMS

  	
   

  	
  JAN/1991

  
	
  7

  	
   

  	
  252.209-7004

  	
   

  	
  SUBCONTRACTING WITH FIRMS
  THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY per DoD
  interim rule, Federal Register 27 Mar 98

  	
   

  	
  MAR/1998

  
	
  8

  	
   

  	
  252.211-7005

  	
   

  	
  SUBSTITUTIONS FOR MILITARY
  OR FEDERAL SPECIFICATIONS AND STANDARDS

  	
   

  	
  NOV/2005

  
	
  9

  	
   

  	
  252.225-7013

  	
   

  	
  DUTY-FREE ENTRY

  	
   

  	
  JAN/2005

  
	
  10

  	
   

  	
  52.212-5

  	
   

  	
  CONTRACT TERMS AND
  CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
  ITEMS

  	
   

  	
  JAN/2006

  



 


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


 


(1)  52.233-3,
Protest After Award (AUG 1996) (31 U.S.C. 3553)


 


(2)  52.233-4, Applicable Law for Breach of Contract Claim
(OCT 2004) (Pub. L. 108-77, 108-78)


 


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


 


[Contracting Officer shall
check as appropriate]


 


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


 


o (2) 52.219-3, Notice of Total HUBZone
Set-Aside (Jan 1999) (15 U.S.C. 657a).


 


o (3) 52.219-4, Notice of Price
Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the
offeror elects to waive the preference, it shall so indicate in its offer) (15
U.S.C. 657a).


 


(4)  [Reserved]


 


 (5)


 


o (i) 52.219-6, Notice of Total Small
Business Aside (June 2003) (15 U.S.C. 644).


 


o (ii) Alternate I (Oct 1995) of
52.219-6.


 

















 


o (iii) Alternate II (Mar 2004) of
52.219-6.


 


 (6)


 


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


 


o (ii) Alternate I (Oct 1995) of
52.219-7.


 


o (iii) Alternate II (Mar 2004) of
52.219-7.


 


ý (7) 52.219-8, Utilization of Small
Business Concerns (May 2004) (15 U.S.C. 637(d) (2) and (3)).


 


(8)


 


ý (i) 52.219-9, Small Business
Subcontracting Plan (Jul 2005) (15 U.S.C. 637 (d)(4)).


 


o (ii) Alternate I (Oct 2001) of
52.219-9.


 


o (iii) Alternate II (Oct 2001) of
52.219-9.


 


o (9) 52..219-14, Limitations on
Subcontracting (Dec 1996) (15 U.S.C. 637(a) (14)).


 


(10)


 


ý (i) 52.219-23, Notice of Price
Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005) (10
U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so
indicate in its offer).


 


o (ii) Alternate I (June 2003) of
52.219-23.


 


ý (11) 52.219-25, Small Disadvantaged Business
Participation Program-Disadvantaged Status and Reporting (Oct 1999)(Pub. L.
103-355, section 7102, and 10 U.S.C. 2323).


 


ý (12) 52.219-26, Small Disadvantaged Business
Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355,
section 7102, and 10 U.S.C. 2323).


 


ý (13) 52.219-27, Notice of Total
Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004).


 


ý (14) 52.222-3, Convict Labor
(June 2003) (E.O. 11755).


 


ý (15) 52.222-19, Child Labor-Cooperation with
Authorities and Remedies (Jan 2006) (E.O. 13126).


 


ý (16) 52.222-21, Prohibition of Segregated
Facilities (Feb 1999).


 


ý (17) 52.222-26, Equal Opportunity (Apr 2002)
(E.O. 11246).


 


ý (18) 52.222-35, Equal Opportunity for
Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (Dec 2001) (38 U.S.C. 4212).


 


ý (19) 52.222-36, Affirmative Action for
Workers with Disabilities (Jun 1998) (29 U.S.C. 793).


 

















 


o (20) 52.222-37, Employment Reports on
Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (Dec 2001) (38 U.S.C. 4212).


 


o (21) 52.222-39, Notification of Employee
Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).


 


(22)


 


o (i) 52.223-9, Estimate of Percentage of
Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C.
6962(c) (3) (A) (ii)).


 


o (ii) Alternate I (Aug 2000) of 52.223-9
(42 U.S.C. 6962(i) (2) (C)).


 


o (23) 52.225-1, Buy American Act—Supplies
(June 2003) (41 U.S.C. l0a-l0d).


 


(24)


 


o (i) 52.225-3, Buy American Act—Free
Trade Agreements — Israeli Trade Act (Jan 2006) (41 U.S.C. l0a-l0d, 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286).


 


o (ii) Alternate I (Jan 2004) of
52.225-3.


 


o (iii) Alternate II (Jan 2004) of
52.225-3.


 


ý (25) 52.225-5, Trade Agreements (Jan
2006)(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).


 


ý (26) 52.225-13, Restrictions on Certain
Foreign Purchases (Mar 2005) (E.o.s, proclamations, and statutes administered
by the Office of Foreign Assets Control of the Department of the Treasury).


 


o (27) 52.225-15, Sanctioned European Union
Country End Products (Feb 2000)(E.O. 12849).


 


o (28) 52.225-16, Sanctioned European Union
Country Services (Feb 2000)(E.O. 12849).


 


o (29) 52.232-29, Terms for Financing of
Purchases of Commercial Items (Feb 2002)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).


 


o (30) 52.232-30, Installment Payments for
Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).


 


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


 


ý (32) 52.232-34, Payment by Electronic Funds
Transfer-Other Than Central Contractor Registration (May 1999)(31 U.S.C.
3332)


 


o (33) 52.232-36, Payment by Third Party
(May 1999) (31 U.S.C. 3332).


 


o (34) 52.239-1, Privacy or Security
Safeguards (Aug 1996)(5 U.S.C. 552a).


 


(35)


 


o (i) 52.247-64, Preference for Privately
Owned U.S.-Flag Commercial Vessels (Apr 2003)(46 U.S.C. 1241 and 10
U.S.C.2631).


 


o (ii) Alternate I (Apr 2003) of
52.247-64.


 

















 


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


 


[Contracting Officer check
as appropriate.]


 


o (1) 52.222-41, Service Contract Act of
1965, as Amended (Jul 2005)(41 U.S.C. 351, et seq.).


 


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


 


o (3) 52.222-43, Fair Labor Standards Act
and Service Contract Act — Price Adjustment (Multiple Year and Option
Contracts) (May 1989)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).


 


o (4) 52.222-44, Fair Labor Standards Act
and Service Contract Act — Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41
U.S.C. 351, et seq.).


 


o (5) 52.222-47, SCA Minimum Wages and
Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor
Contractor Collective Bargaining Agreements (CBA) (May 1989)(41 U.S.C.
351, et seq.).


 


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


 


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


 


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


 


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


 


(e)


 


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


 


(i) 52.219-8,
Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)
(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business
concerns) exceeds $500,000 ($1,000,000 for construction of any public
facility), the subcontractor must include 52.219-8 in lower tier subcontracts
that offer subcontracting opportunities.


 

















 


(ii) 52.222-26, Equal
Opportunity (Apr 2002) (E.O. 11246).


 


(iii) 52.222-35, Equal
Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and
Other Eligible Veterans (Dec 2001)(38 U.S.C. 4212).


 


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


 


(v) 52.222-39,
Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec
2004) (E.G. 13201).


 


(vi) 52.222-41, Service
Contract Act of 1965, as Amended (Jul 2005), flow down required for all
subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et
seq.)


 


(vii) 52.247-64,
Preference for Privately-Owned U.S. Flag Commercial Vessels (Apr 2003)(46
U.S.C. Appx 1241 and 10 U.S.C. 2631). Flow down required in accordance with
paragraph (d) of FAR clause 52.247-64.


 


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


 


[End
of Clause]


 


	
  11

  	
   

  	
  252.211-7003

  	
   

  	
  ITEM
  IDENTIFICATION AND VALUATION

  	
   

  	
  JUN/2005

  



 


[Note: The following clause
requires unique item identification marking, or a DoD recognized unique
identification equivalent, for items listed in paragraphs (c)(1)(ii) of the
clause. Unique item identification marking is also required for all items
delivered under the contract for which the government’s acquisition cost (as
defined under ‘Definitions’ below) is $5,000 or more. Unique item
identification marking is required for embedded subassemblies, components, and
parts if listed in paragraph (c)(1)(ii) will read “TBD” fro “to be determined.”
If these items are identified by the government before the time proposals are
due, an amendment to the solicitation will be issued which identifies them. If not,
award will be made on the basis of them not being identified, however the
contract may be later modified to include such identification marking. This
clause also requires the contractor to report the government’s acquisition cost
for each item delivered under the contract. Information concerning these
requirements is available at http://www.acq.osd.mil/uid]


 


(a)          Definitions. As used in this clause—


 


“Automatic
identification device means a device, such as a reader or interrogator, used to
retrieve data encoded on machine-readable media.


 


Concatenated
unique item identifier means


 


(1)          For items that are serialized within the
enterprise identifier, the linking together of the unique identifier data
elements in order of the issuing agency code, enterprise identifier, and unique
serial number within the enterprise identifier; or


 


(2)          For
items that are serialized within the original part, lot, or batch number, the
linking together of the unique identifier data elements in order of the issuing
agency code; enterprise identifier; original part, lot, or batch number; and
serial number within the original part, lot, or batch number.


 

















 


Data
qualifier means a specified character (or string of characters that immediately
precedes a data field that defines the general category or intended use of the
data that follows.


 


DoD
recognized unique identification equivalent means a unique identification
method that is in commercial use and has been recognized by DoD. All DoD
recognized unique identification equivalents are listed at
http://www.acq.osd.mil/dpap/UID/equivalents.html.


 


DoD
unique item identification means a system of raking items delivered to DoD with
unique item identifiers that have machine-readable data elements to distinguish
an item from all other like and unlike items. For items that are serialized
within the enterprise identifier, the unique item identifier shall include the
data elements of the enterprise identifier and a unique serial number. For
items that are serialized within the part, lot, or batch number within the
enterprise identifier, the unique item identifier shall include the data
elements of the enterprise identifier; the original par, lot, or batch number;
and the serial number.


 


Enterprise
means the entity (e.g., a manufacturer or vendor) responsible for assigning
unique item identifiers to items.


 


Enterprise
identifier means a code that is uniquely assigned to an enterprise by an
issuing agency.


 


Governments
unit acquisition cost means


 


(1)          For fixed-price type line, subline, or
exhibit line items, the unit price identified in the contract at the time of
delivery;


 


(2)          For
cost-type or undefinitized line, subline, or exhibit line items, the
contractors estimated fully burdened unit cost to the Government at the time of
delivery.


 


(3)          For
items produced under a time-and-materials contract, the Contractors estimated
fully burdened unit cost to the government at the time of delivery.


 


Issuing
agency means an organization responsible for assigning a non-repeatable
identifier to an enterprise (i.e., Dun & Bradstreets Data universal
Numbering system (DUNS) Number, Uniform Code Council (UCC) / EAN International
(EAN) Company Prefix, or Defense Logistics Information Systems (DLIS)
Commercial and Government Entity (CAGE) Code.


 


Issuing
agency code means a code that designates the registration (or controlling)
authority for the enterprise identifier


 


Item
means a single hardware article or a single unit formed by a grouping of
subassemblies, components, or constituent parts.


 


Lot
or batch number means an identifying number assigned by the enterprise to a
designated group of items, usually referred to as either a lot or a batch, all
of which were manufactured under identical conditions.


 


Machine-readable
means an automatic identification technology media, such as bar codes, contact
memory buttons, radio frequency identification, or optical memory cards.


 


Original
part number means a combination of numbers or letters assigned by the
enterprise at item creation to a class of items with the same form, fit, function
and interface.


 


Parent
item means the item assembly, intermediate component, or subassembly that has
an embedded item with a unique item identifier or DoD recognized unique
identification equivalent.


 


Serial
number within the enterprise identifier means a combination of numbers,
letters, or symbols assigned by the enterprise to an item that provides for the
differentiation of that item from any other like and unlike item and is never
used again within the enterprise.


 

















 


Serial
number within the part, lot, or batch number means a combination of numbers or
letters assigned by the enterprise to an item that provides for the
differentiation of that item from any other like item within a part, lot, or
batch number assignment.


 


Serialization
within the enterprise identifier means each item produced is assigned a serial
number that is unique among all the tangible items produced by the enterprise
and is never used again. The enterprise is responsible for ensuring unique
serialization within the enterprise identifier.


 


Serialization
within the part, lot, or batch number means each item of a particular part,
lot, or batch number is assigned a unique serial number within that part, lot,
or batch number assignment. The enterprise is responsible for ensuring unique
serialization within the part, lot, or batch number within the enterprise
identifier.


 


Unique
item identifier means a set of data elements marked on items that is globally
unique and unambiguous.


 


Unique
item identifier type means a designator to indicate which method of uniquely
identifying a part has been used. The current list of accepted unique item
identifier types is maintained at http://acq.osd.mil/dpap/UID/uid_types.html.


 


(b) The Contractor
shall deliver all items under a contract line, subline, or exhibit line item.


 


(c) DoD unique item identification or DoD recognized unique identification
equivalents.


 


(1) The contractor shall
provide DoD unique item identiticaion, or a DoD recognized unique
identification equivalent, for


(i) all delivered items for which the Governments unit acquisition cost
is $5,000 or more; and


(ii) The following items for which the Governments unit acquisition
cost is less than $5,000:


 


Contract Line, Subline, or
Exhibit Line Item Number:  -1-


Item Description: -2-


 


(iii) Subassemblies, components, and parts embedded within delivered
items, specified as follows, or in Attachment -3-.


 


(2)The concatenated unique
item identifier and the component data elements of the DoD unique item
identification or DoD recognized unique identification equivalent shall not
change over the life of the item.


 


(3) Data syntax and
semantics of DoD unique item identification and DoD recognized unique
identification equivalents. The Contractor shall ensure that


 


(i)            The encoded data elements (except issuing
agency code) of the unique item identifier are marked on the item using one of
the following three types of data qualifiers, as determined by the Contractor:


 


(A)  Data Identifiers (DIs) (Format 06) in accordance with ISO/IEC
International Standard 15418, Information Technology EAN/UCC Application
Identifiers and ANSI MH 10 Data identifiers and ANSI MH 10 Data Identifiers and
maintenance.


 


(B)   Application Identifiers (AIs) (Format 05), in accordance with ISO/IEC
International Standard 15418, Information Technology EAN/UCC Application
Identifiers and ANSI MH 10 Data identifiers and ANSI MH 10 Data Identifiers and
maintenance.


 

















 


(C)   Text Element Identifiers (TEIs), in accordance with the DoD
collaborative solution DD format for use until the solution is approved by
ISO/IEC JTC1 SC 31. The DD format is described in Appendix D of the the DoD
Guide to Uniquely Identifying Items, available at
http://www.acq.osd.mil/dpap/UID/guides.htm; and


 


(ii)           The encoded data elements of the unique item identifier conform to
ISO/IEC Internationl Standard 15434, Information Technology Syntax for High
Capacity Automatic Data Capture Media.


 


(4) DoD unique item
identification and DoD recognized unique identification equivalents.


 


(i)
The Contractor shall


 


(A) Determine whether to serialize within the enterprise identifier or
serialize within the part, lot, or batch number; and


 


(B) Place the data elements of the unique item identifier (enterprise
identifier; serial number; and for (c)(1) of this clause, base on the criteria
provided in the version of MIL-STD-130, Identification marking of U.S. Military
Property, cited in the contract 

Schedule.


 


(ii)
The issuing agency code


 


(A) Shall not be placed on the item; and


 


(B) Shall be derived from the data qualifier for the enterprise
identifier.


 


(d) For each item that
requires unique item identification under paragraph (c)(1)(i) or (ii) of this
clause, in addition to the information provided as part of the Material
Inspection and Receiving Report specified elsewhere in this contract, the
Contractor shall report at the time of delivery, either as part of, or
associated with, the Material Inspection and Receiving Report, the following
information:


 


(1) Concatenated unique item
identifier; or DoD recognized unique identification equivalent.


 


(2) Unique item identifier
type.


 


(3) Issuing agency code (if
concatenated unique item identifier is used).


 


(4) Enterprise identifier
(if concatenated unique item identifier is used).


 


(5) Original part number.


 


( 6) Lot or batch number.


 


(7) Current part number (if
not the same as the original part number).


 


(8) Current part number
effective date.


 


(9) Serial number.


 


(10) Governments unit
acquisition cost.


 


(e) For embedded DoD
serially managed subassemblies, components, and parts that require unique item
identification under paragraph (c)(1)(iii) of this clause, the Contractor shall
report at the time of delivery, 


 

















 


either
as part of, or associated with the material Inspection and Receiving Report
specifiec elsewhere in this contract, the following information:


 


(1) Concatenated unique item
identifier or DoD recognized unique identification equivalent of the parent
item delivered under a contract line, subline, or exhibit line item that
contains the embedded subassembly, component, or part.


 


(2) Concatenated unique item
identifier or DoD recognized unique identification equivalent of the embedded
subassembly, component, or part.


 


(3) Unique item identifier
type. **


 


(4) Issuing agency code (if
concatenated unique item identifier is used). **


 


(5) Enterprise identifier
(if concatenated unique item identifier is used). **


 


(6) Original part number. **


 


(7) Lot or batch number. **


 


(8) Current part number (if
not the same as the original part number).**


 


(9) Current part number
effective date. **


 


(10) Serial number. **


 


(11) Unit of measure.


 


(12) Description.


 






** Once per item


 


(f) The contractor shall submit the information required by paragraphs
(d) and (e) of this clause in accordance with the data submission procedures at
http://www.acq.osd.mil/dpap/UID/DataSubmission.htm


 


(g) Subcontracts.
If paragraph (c)(1) of this clause applies, the Contractor shall include this
clause, including this paragraph (g) in all subcontracts issued under this
contract.


 


[End of Clause]


 


	
  12

  	
   

  	
  252.212-7001

  	
   

  	
  CONTRACT
  TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS
  APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS

  	
   

  	
  DEC/2005

  



 


(a) The Contractor
agrees to comply with the following Federal Acquisition Regulation (FAR) clause
which, if checked, is included in this contract by reference to implement a
provision of law applicable to acquisitions of commercial items or components.


 


ý 52.203-3  Gratuities (APR 1984) (10
U.S.C. 2207)


 

















 


(b) The
Contractor agrees to comply with any clause that is checked on the following
list of Defense FAR Supplement clauses which, if checked, is included in this
contract by reference to implement provisions of law or Executive orders
applicable to acquisitions of commercial items or components.


 


ý 252.205-7000  Provision of Information
to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).


 


ý 252.219-7003  Small, Small
Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD
Contracts) (APR 1996) (15 U.S.C. 637).


 


o 252.219-7004  Small, Small
Disadvantaged and Women-Owned Small Business Subcontracting Plan (Test Program)
(JUN 1997) (15 U.S.C. 637 note).


 


o 252.225-7001 Buy American Act and Balance of
Payments Program (JUN 2005) (41 U.S.C. l0a-l0d, E.O. 10582).


 


ý 252.225-7012 Preference for Certain Domestic
Commodities (JUN 2004) (10 U.S.C. 2533a).


 


ý 252.225-7014 Preference for Domestic
Specialty Metals (JUN 2005) (10 U.S.C. 2533a).


 


ý 252.225-7015 Restriction on Acquisition of
Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).


 


ý 252.225-7016  Restriction on
Acquisition of Ball and Roller Bearings (JUN 2005) ( o Alternate I) (APR 2003) (10 U.S.C. 2534 and
Section 8099 of Pub. L. 104-61 and similar sections in subsequent DoD
appropriations acts).


 


ý 252.225-7021  Trade Agreements (DEC
2005) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).


 


o 252.225-7027  Restriction on Contingent
Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).


 


o 252.225-7028  Exclusionary Policies and
Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).


 


o 252.225-7036  Buy American Act—Free
Trade Agreements—Balance of Payments Program (JUN 2005) ( o Alternate I) (JAN 2005) (41 U.S.C. l0a-l0d
and 19 U.S.C. 3301 note).


 


o 252.225-7038  Restriction on
Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).


 


ý 252.226-7001  Utilization of Indian
Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small
Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar
sections in subsequent DoD appropriations acts).


 


ý 252.227-7015 Technical Data—Commercial Items
(NOV 1995) (10 U.S.C. 2320).


 


ý 252.227-7037 Validation of Restrictive
Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).


 


ý 252.232-7003 Electronic Submission of
Payment Requests (JAN 2004) (10 U.S.C. 2227).


 


o 252.237-7019 Training for Contractor
Personnel Interacting with Detainees (SEP 2005) (Section 1092 of Pub.L.

108-375).


 

















 


ý 252.243-7002 Requests for Equitable
Adjustment (MAR 1998) (10 U.S.C. 2410).


 


o 252.247-7023  Transportation of
Supplies by Sea (MAY 2002) ( o
Alternate I) (MAR 2000) ( o Alternate II) (MAR 2000) ( o Alternate III) (MAY 2002) (10 U.S.C.
2631).


 


o 252.247-7024  Notification of
Transportation of Supplies by Sea (MAR 2000) (10 D.S.C. 2631).


 


(c) In
addition to the clauses listed in paragraph (e) of the Contract Terms and
Conditions Required to Implement Statutes or Executive Orders—Commercial Items
clause of this contract (FAR 52.212-5), the Contractor shall include the terms
of the following clauses, if applicable, in subcontracts for commercial items
or commercial components, awarded at any tier under this contract:


 


ý 252.225-7014 Preference for Domestic
Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).


 


o 252.237-7019 Training for Contractor Personnel
Interacting with Detainees (SEP 2005) (Section 1092 of Pub. L.

108-3.75).


 


252.247-7023 Transportation
of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).


 


252.247-7024 Notification of Transportation of Supplies by Sea (MAR
2000) (10 U.S.C. 2631).


 


[End of Clause]


 


	
  13

  	
   

  	
  52.204-7

  	
   

  	
  CENTRAL
  CONTRACTOR REGISTRATION

  	
   

  	
  OCT/2003

  



 


(a) Definitions. As used in this clause—


 


“Central Contractor
Registration (CCR) database” means the primary Government repository for
contractor information required for the conduct of business with the
Government.


 


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


 


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


 


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


 


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


 


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


 


“Registered in the CCR
database” means that-


 


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


 


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


 

















 


(3) The Government has
validated all mandatory data fields and has marked the records “Active.”


 


(b)


 


(1) By submission of an
offer, the offeror acknowledges the requirement that a prospective awardee
shall be registered in the CCR database prior to award, during performance, and
through final payment of any contract, basic agreement, basic ordering
agreement, or blanket purchasing agreement resulting from this solicitation.


 


(2) The offeror shall
enter, in the block with its name and address on the cover page of its
offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number
that identifies the offerors name and address exactly as stated in the offer.
The DUNS number will be used by the Contracting Officer to verify that the
offeror is registered in the CCR database.


 


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


 


(1) An offeror may
obtain a DUNS number-


 


(i) If located within
the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the
Internet at http://www.dnb.com/; or


 


(ii) If located outside
the United States, by contacting the local Dun and Bradstreet office.


 


(2) The offeror should
be prepared to provide the following information:


 


(i) Company legal
business name.


 


(ii) Tradestyle, doing
business, or other name by which your entity is commonly recognized.


 


(iii) Company physical
street address, city, state and Zip Code.


 


(iv) Company mailing
address, city, state and Zip Code (if separate from physical).


 


(v) Company telephone
number.


 


(vi) Date the company
was started.


 


(vii) Number of
employees at your location.


 


(viii) Chief executive
officer/key manager.


 


(ix) Line of business
(industry).


 


(x) Company Headquarters
name and address (reporting relationship within your entity).


 


(d) If
the Offeror does not become registered in the CCR database in the time
prescribed by the Contracting Officer, the Contracting Officer will proceed to
award to the next otherwise successful registered Offeror.


 


(e) Processing
time, which normally takes 48 hours, should be taken into consideration when
registering. Offerors who are not registered should consider applying for
registration immediately upon receipt of this solicitation.


 

















 


(f) The
Contractor is responsible for the accuracy and completeness of the data within
the CCR database, and for any liability resulting from the Governments reliance
on inaccurate or incomplete data. To remain registered in the CCR database
after the initial registration, the Contractor is required to review and
update on an annual basis from the date of initial registration or subsequent
updates its information in the CCR database to ensure it is current, accurate
and complete. Updating information in the CCR does not alter the terms and
conditions of this contract and is not a substitute for a properly executed
contractual document.


 


(1)


 


(i) If a Contractor has
legally changed its business name, “doing business as” name, or division name
(whichever is shown on the contract), or has transferred the assets used in
performing the contract, but has not completed the necessary requirements
regarding novation and change-of-name agreements in Subpart 42.12, the
Contractor shall provide the responsible Contracting Officer a minimum of one
business days written notification of its intention to:


 


(A) Change the name in
the CCR database;


 


(B) Comply with the
requirements of Subpart 42.12 of the FAR;


 


(C) Agree in writing to the timeline and procedures specified by
the responsible Contracting Officer. The Contractor must provide with the
notification sufficient documentation to support the legally changed name.


 


(ii) If the Contractor
fails to comply with the requirements of paragraph (g)(1)(i) of this
clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of
this clause, and, in the absence of a properly executed novation or
change-of-name agreement, the CCR information that shows the Contractor to be
other than the Contractor indicated in the contract will be considered to be
incorrect information within the meaning of the “Suspension of Payment”
paragraph of the electronic funds transfer (EFT) clause of this contract.


 


(2) The Contractor
shall not change the name or address for EFT payments or manual payments, as
appropriate, in the CCR record to reflect an assignee for the purpose of
assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees
shall be separately registered in the CCR database. Information provided to the
Contractors CCR record that indicates payments, including those made by EFT, to
an ultimate recipient other than that Contractor will be considered to be
incorrect information within the meaning of the “Suspension of payment”
paragraph of the EFT clause of this contract.


 


(g) Offerors and
Contractors may obtain information on registration and annual confirmation
requirements via the Internet at http://www.ccr.gov/ or by calling
1-888-227-2423, or 269-961-5757.


 


	
  14

  	
   

  	
  52.211-16

  	
   

  	
  VARIATION
  IN QUANTITY

  	
   

  	
  APR/1984

  



 


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


 


(b) The permissible
variation shall be limited to:


 


ZERO percent increase; and


ZERO percent decrease.


 


This increase or decrease shall apply to THE TOTAL CONTRACTUAL
QUANTITY.


 


[End of Clause]


 

















 


	
  15

  	
   

  	
  52.212-4

  	
   

  	
  CONTRACT
  TERMS AND CONDITIONS—COMMERCIAL ITEMS

  	
   

  	
  SEP/2005

  



 


(a) Inspection/Acceptance.
The Contractor shall only tender for acceptance those items that conform to the
requirements of this contract. The Government reserves the right to inspect or
test any supplies or services that have been tendered for acceptance. The Government
may require repair or replacement of nonconforming supplies or reperformance of
nonconforming services at no increase in contract price. The Government must
exercise its post-acceptance rights —


 


(1) Within a reasonable
time after the defect was discovered or should have been discovered; and


 


(2) Before any
substantial change occurs in the condition of the item, unless the change is
due to the defect in the item.


 


(b) Assignment.
The Contractor or its assignee may assign its rights to receive payment due as
a result of performance of this contract to a bank, trust company, or other
financing institution, including any Federal lending agency in accordance with
the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes
payment (e.g., use of the Governmentwide commercial purchase card), the
Contractor may not assign its rights to receive payment under this contract.


 


(c) Changes. Changes in
the terms and conditions of this contract may be made only by written agreement
of the parties.


 


(d) Disputes. This
contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.
601-613). Failure of the parties to this contract to reach agreement on any
request for equitable adjustment, claim, appeal or action arising under or
relating to this contract shall be a dispute to be resolved in accordance with
the clause at FAR 52.233-1, Disputes, which is incorporated herein by
reference. The Contractor shall proceed diligently with performance of this
contract, pending final resolution of any dispute arising under the contract.


 


(e) Definitions. The
clause at FAR 52.202-1, Definitions, is incorporated herein by reference.


 


(f) Excusable delays.
The Contractor shall be liable for default unless nonperformance is caused by
an occurrence beyond the reasonable control of the Contractor and without its
fault or negligence such as, acts of God or the public enemy, acts of the
Government in either its sovereign or contractual capacity, fires, floods,
epidemics, quarantine restrictions, strikes, unusually severe weather, and
delays of common carriers. The Contractor shall notify the Contracting Officer
in writing as soon as it is reasonably possible after the commencement of any
excusable delay, setting forth the full particulars in connection therewith,
shall remedy such occurrence with all reasonable dispatch, and shall promptly
give written notice to the Contracting Officer of-the cessation of such
occurrence.


 


(g) Invoice.


 


(1) The Contractor
shall submit an original invoice and three copies (or electronic invoice, if
authorized) to the address designated in the contract to receive invoices. An
invoice must include —


 


(i) Name and address of
the Contractor;


 


(ii) Invoice date and
number;


 


(iii) Contract number,
contract line item number and, if applicable, the order number;


 


(iv) Description,
quantity, unit of measure, unit price and extended price of the items
delivered;


 

















 


(v) Shipping number and
date of shipment, including the bill of lading number and weight of shipment if
shipped on Government bill of lading;


 


(vi) Terms of any
discount for prompt payment offered;


 


(vii) Name and address
of official to whom payment is to be sent;


 


(viii) Name, title, and
phone number of person to notify in event of defective invoice; and


 


(ix) Taxpayer Identification
Number (TIN). The Contractor shall include its TIN on the invoice only if
required elsewhere in this contract.


 


(x) Electronic funds
transfer (EFT) banking information.


 


(A) The Contractor shall include EFT banking information on the
invoice only if required elsewhere in this contract.


 


(B) If EFT banking information is not required to be on the
invoice, in order for the invoice to be a proper invoice, the Contractor shall
have submitted correct EFT banking information in accordance with the applicable
solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic
Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by
Electronic Funds Transfer-Other Than Central Contractor Registration), or
applicable agency procedures.


 


(C) EFT banking information is not required if the Government
waived the requirement to pay by EFT.


 


(2) Invoices will be
handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office
of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.


 


(h) Patent indemnity.
The Contractor shall indemnify the Government and its officers, employees and
agents against liability, including costs, for actual or alleged direct or
contributory infringement of, or inducement to infringe, any United States or
foreign patent, trademark or copyright, arising out of the performance of this
contract, provided the Contractor is reasonably notified of such  claims and proceedings.


 


(i) Payment. Payment
shall be made for items accepted by the Government that have been delivered to
the delivery destinations set forth in this contract. The Government will make
payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and OMB
prompt payment regulations at 5 CFR part 1315. In connection with any discount
offered for early payment, time shall be computed from the date of the invoice.
For the purpose of computing the discount earned, payment shall be considered
to have been made on the date which appears on the payment check or the
specified payment date if an electronic funds transfer payment is made.


 


(j) Risk of loss. Unless the
contract specifically provides otherwise, risk of loss or damage to the
supplies provided under this contract shall remain with the Contractor until,
and shall pass to the Government upon:


 


(1) Delivery of the
supplies to a carrier, if transportation is f.o.b. origin; or


 


(2) Delivery of the
supplies to the Government at the destination specified in the contract, if
transportation is f.o.b. destination.


 


(k) Taxes. The contract
price includes all applicable Federal, State, and local taxes and duties.


 

















 


(1) Termination for the
Government’s convenience. The Government reserves the right to terminate this
contract, or any part hereof, for its sole convenience. In the event of such
termination, the Contractor shall immediately stop all work hereunder and shall
immediately cause any and all of its suppliers and subcontractors to cease
work. Subject to the terms of this contract, the Contractor shall be paid a
percentage of the contract price reflecting the percentage of the work
performed prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using its
standard record keeping system, have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards
or contract cost principles for this purpose. This paragraph does not give the
Government any right to audit the Contractor’s records. The Contractor shall
not be paid for any work performed or costs incurred which reasonably could
have been avoided.


 


(m) Termination for cause.
The Government may terminate this contract, or any part hereof, for cause in
the event of any default by the Contractor, or if the Contractor fails to
comply with any contract terms and conditions, or fails to provide the
Government, upon request, with adequate assurances of future performance. In
the event of termination for cause, the Government shall not be liable to the
Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the Government for any and all rights and
remedies provided by law. If it is determined that the Government improperly
terminated this contract for default, such termination shall be deemed a
termination for convenience.


 


(n) Title. Unless specified
elsewhere in this contract, title to items furnished under this contract shall
pass to the Government upon acceptance, regardless of when or where the
Government takes physical possession.


 


(o) Warranty. The Contractor
warrants and implies that the items delivered hereunder are merchantable and
fit for use for the particular purpose described in this contract.


 


(p) Limitation of liability.
Except as otherwise provided by an express warranty, the Contractor will not be
liable to the Government for consequential damages resulting from any defect or
deficiencies in accepted items.


 


(q) Other compliances. The
Contractor shall comply with all applicable Federal, State and local laws,
executive orders, rules and regulations applicable to its performance
under this contract.


 


(r) Compliance with laws
unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.
1352 relating to limitations on the use of appropriated funds to influence
certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit;
40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41
U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating
to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423
relating to procurement integrity.


 


(s) Order of precedence. Any
inconsistencies in this solicitation or contract shall be resolved by giving
precedence in the following order:


(1) The
schedule of supplies/services.


 


(2) The Assignments,
Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique
to Government Contracts paragraphs of this clause.


 


(3) The clause at
52.212-5.


 


(4) Addenda to this
solicitation or contract, including any license agreements for computer
software.


 


(5) Solicitation
provisions if this is a solicitation.


 


(6) Other paragraphs of
this clause.


 

















 


(7) The Standard
Form 1449.


 


(8) Other documents,
exhibits, and attachments.


 


(9) The specification.


 


(t) Central Contractor
Registration (CCR).


 


(1) Unless exempted by an
addendum to this contract, the Contractor is responsible during performance and
through final payment of any contract for the accuracy and completeness of the
data within the CCR database, and for any liability resulting from the
Government’s reliance on inaccurate or incomplete data. To remain registered in
the CCR database after the initial registration, the Contractor is required to
review and update on an annual basis from the date of initial registration or
subsequent updates its information in the CCR database to ensure it is current,
accurate and complete. Updating information in the CCR does not alter the terms
and conditions of this contract and is not a substitute for a properly executed
contractual document.


 


(2)  (i) If a
Contractor has legally changed its business name, “doing business as” name, or
division name (whichever is shown on the contract), or has transferred the
assets used in performing the contract, but has not completed the necessary
requirements regarding novation and change-of-name agreements in FAR subpart
42.12, the Contractor shall provide the responsible Contracting Officer a
minimum of one business day’s written notification of its intention to (A) change
the name in the CCR database; (B) comply with the requirements of subpart
42.12; and (C) agree in writing to the timeline and procedures specified
by the responsible Contracting Officer.The Contractor must provide with the
notification sufficient documentation to support the legally changed name.


 


(ii) If the Contractor
fails to comply with the requirements of paragraph (t)(2)(i) of this
clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of
this clause, and, in the absence of a properly executed novation or
change-of-name agreement, the CCR information that shows the Contractor to be
other than the Contractor indicated in the contract will be considered to be
incorrect information within the meaning of the “Suspension of Payment” paragraph
of the electronic funds transfer (EFT) clause of this contract.


 


(3) The Contractor
shall not change the name or address for EFT payments or manual payments, as
appropriate, in the CCR record to reflect an assignee for the purpose of
assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall
be separately registered in the CCR database. Information provided to the
Contractor’s CCR record that indicates payments, including those made by EFT,
to an ultimate recipient other than that Contractor will be considered to be
incorrect information within the meaning of the “Suspension of payment”
paragraph of the EFT clause of this contract.


 


(4) Offerors and
Contractors may obtain information on registration and annual confirmation
requirements via the internet at http://www.ccr.gov or by calling
1-888-227-2423 or 269-961-5757.


 


[End of Clause]


 


	
  16

  	
   

  	
  52.222-39

  	
   

  	
  NOTIFICATION
  OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES

  	
   

  	
  DEC/2004

  



 


(a) Definition. As used
in this clause—


 


United States means the 50
States, the District of Columbia, Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.


 


(b) Except
as provided in paragraph (e) of this clause, during the term of this
contract, the Contractor shall post a notice, in the form of a poster,
informing employees of their rights concerning union 


 

















 


membership
and payment of union dues and fees, in conspicuous places in and about all its
plants and offices, including all places where notices to employees are
customarily posted. The notice shall include the following information (except
that the information pertaining to National Labor Relations Board shall not be
included in notices posted in the plants or offices of carriers subject to the
Railway Labor Act, as amended (45 U.S.C. 151-188)).


 


Notice to Employees


 


Under Federal law, employees
cannot be required to join a union or maintain membership in a union in order
to retain their jobs.  Under certain conditions, the law permits a union
and an employer to enter into a union-security agreement requiring employees to
pay uniform periodic dues and initiation fees.  However, employees who are
not union members can object to the use of thier payments for certain purposes
and can only be required to pay their share of union costs relating to
collective bargaining, contract administration, and grievance adjustment.


 


If you do not want to pay
that portion of dues or fees used to support activities not related to
collective bargaining, contract administration, or grievance adjustment, you
are entitled to an appropriate reduction in your payment. If you believe that
you have been required to pay dues or fees used in part to support activities
not related to collective bargaining, contract administration, or grievance
adjustment, you may be entitled to a refund and to an appropriate reduction in
future payments.


 


For further information
concerning your rights, you may wish to contact the National Labor Relations
Board (NLRB} either at one of its Regional offices or at the following address
or toll free number:


 


National Labor Relations
Board


Division of Information


1099 14th Street, N.W.


Washington, DC 20570


1-866-667-6572


1-866-316-6572 (TTY)


 


To locate the nearest NLRB
office, see NLRB’s website at http://www.nlrb.gov.


 


(c) The
Contractor shall comply with all provisions of Executive Order 13201 of
February 17, 2001, and related implementing regulations at 29 CFR part
470, and orders of the Secretary of Labor.


 


(d) In
the event that the Contractor does not comply with any of the requirements set
forth in paragraphs (b), (c), or (g), the Secretary may direct that this
contract be cancelled, terminated, or suspended in whole or in part, and
declare the Contractor ineligible for further Government contracts in
accordance with procedures at 29 CFR part 470, Subpart B—Compliance
Evaluations, Complaint Investigations and Enforcement Procedures. Such other
sanctions or remedies may be imposed as are provided by 29 CFR part 470, which
implements Executive Order 13201, or as are otherwise provided by law.


 


(e) The
requirement to post the employee notice in paragraph (b) does not apply to—


 


(1) Contractors and
subcontractors that employ fewer than 15 persons;


 


(2) Contractor
establishments or construction work sites where no union has been formally
recognized by the Contractor or certified as the exclusive bargaining
representative of the Contractor’s employees;


 


(3) Contractor
establishments or construction work sites located in a jurisdiction named in
the definition of the United States in which the law of that jurisdiction
forbids enforcement of union-security agreements;


 

















 


(4) Contractor
facilities where upon the written request of the Contractor, the Department of
Labor Deputy Assistant Secretary for Labor-Management Programs has waived the
posting requirements with respect to any of the Contractor’s facilities if the
Deputy Assistant Secretary finds that the Contractor has demonstrated that—


 


(i) The facility is in
all respects separate and distinct from activities of the Contractor related to
the performance of a contract; and


 


(ii) Such a waiver will
not interfere with or impede the effectuation of the Executive order; or


 


(5) Work outside the
United States that does not involve the recruitment or employment of workers
within the United States.


 


(f) The
Department of Labor publishes the official employee notice in two variations;
one for contractors covered by the Railway Labor Act and a second for all other
contractors. The Contractor shall—


(1) Obtain the required
employee notice poster from the Division of Interpretations and Standards,
Office of 

Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue,
NW, Room N-5605, Washington, DC 20210, or from any field office of the
Department’s Office of Labor-Management Standards or Office of Federal Contract
Compliance Programs;


 


(2) Download a copy of
the poster from the Office of Labor-Management Standards website at
http://www.olms.dol.gov; or


 


(3) Reproduce and use
exact duplicate copies of the Department of Labor’s official poster.


 


(g) The Contractor
shall include the substance of this clause in every subcontract or purchase
order that exceeds the simplified acquisition threshold, entered into in
connection with this contract, unless exempted by the Department of Labor
Deputy Assistant Secretary for Labor-Management Programs on account of special
circumstances in the national interest under authority of 29 CFR 470.3 (c). For
indefinite quantity subcontracts, the Contractor shall include the substance of
this clause if the value of orders in any calendar year of the subcontract is
expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR
part 470, Subpart B—Compliance Evaluations, Complaint Investigations and
Enforcement Procedures, the Secretary of Labor may direct the Contractor to
take such action in the enforcement of these regulations, including the
imposition of sanctions for noncompliance with respect to any such subcontract
or purchase order. If the Contractor becomes involved in litigation with a
subcontractor or vendor, or is threatened with such involvement,  as a result of such direction, the Contractor
may request the United States, through the Secretary of Labor, to enter into
such litigation to protect the interests of the United States.


 


[End
of clause]


 


	
  17

  	
   

  	
  52.223-11

  	
   

  	
  OZONE-DEPLETING
  SUBSTANCES

  	
   

  	
  MAY/2001

  



 


(a)  Definition.  Ozone-depleting
substance, as used in this clause, means any substance the Environmental
Protection Agency designates in 40 CFR part 82 as –


 


(1)  Class I, including, but not limited to,
chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or


 


(2) Class II, including but
not limited to, hydrochlorofluorocarbons


 


(b)  The Contractor shall label products which
contain or are manufactured with ozone-depleting substances in the manner and
to the extent required by 42 U.S.C. 7671j(b), (c), and (d) and 40 CFR Part 82,
Subpart E, as follows:


 

















 


	
  WARNING:

  	
  Contains
  (or manufactured with, if applicable)
                          
  *                         ,
  a substance(s) which harm(s) public health and environment by destroying
  ozone in the upper atmosphere.

  



 






*The Contractor shall insert the name of the substance(s).


 


	
  18

  	
   

  	
  252.246-7000

  	
   

  	
  MATERIAL
  INSPECTION AND RECEIVING REPORT

  	
   

  	
  MAR/2003

  



 


(a) At the time of each
delivery of supplies or services under this contract, the Contractor shall
prepare and furnish to the Government a material inspection and receiving
report in the manner and to the extent required by Appendix F, Material Inspection
and Receiving Report, of the Defense FAR Supplement.


(b) Contractor submission of the material inspection and receiving
information required by Appendix F of the Defense FAR Supplement by using the
Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA) electronic form (see
paragraph (b)(1) of the clause at 252.232-7003} fulfills the requirement
for a material inspection and receiving report (DD Form 250).


 


(End
of clause)


 


	
  19

  	
   

  	
  52.204-4005

  (TACOM)

  	
   

  	
  REQUIRED
  USE OF ELECTRONIC CONTRACTING

  	
   

  	
  JUN/2004

  



 


(a) All contract
awards, modifications and delivery orders issued by TACOM will be issued
electronically.  The contractor has the option to receive these actions
either via the Worldwide Web (WWW) or Electronic Data Interchange (EDI). 
Many provisions/clauses that appear “by reference”, meaning only clause titles
and regulation site are listed; their full texts can be found at the website
http://farsite.hill.af.mil/


 


(b) In order to be
eligible to receive an award under this solicitation, the successful offeror
must be registered with the  Department
of Defense (DOD) Central Contractor Registration (CCR).  The CCR
registration process may be done electronically at the World Wide Web (WWW)
site: http://www.ccr.gov/.  (In order to be registered to use EDI, you must
use the long form for registration. Certification information, including
information on the EDI 838 TPP, must be furnished to the Contracting Officer
within 60 calendar days after contract award to complete networking
requirements within the Government.)


 


(c) Worldwide Web Distribution.  The contractor will receive an
electronic Notice of the Award, Modification, or Delivery Order via
e-mail.  If you choose the WWW option, you must download the file from the
appropriate TACOM webpage:


 


Warren: http://contracting.tacom.army.mil/awards_official.htm


Rock Island:
http://aais.ria.army.mil/AAIS/AWDINFO/index.htm


Picatinny:
http://procnet.pica.army.mil/Contracts/Index.htm


Red River Army Depot:
http://www.redriver.army.mil/contracting/Awards


Anniston Army Depot: http://www.anadprocnet.army.mil


 


(d) Electronic
Data Interchange.  If you choose to receive contract awards, modifications
and delivery orders through EDI, they will be delivered electronically via the
Federal Acquisition Network (FACNET).  Federal Standard Version 3050 of
Standard X12 from the American National Standards Institute (ANSI) will be used
as the format for these electronic transactions.


 


(1)  You must complete
the EDI 838 Trading Partner Profile, and must agree (i) to subcontract
with a DoD certified VAN or Value Added Service (VAS) provider, or (ii) to
become DoD certified as a Value Added Network (VAN).  The EDI 838 Training
Partner Profile is contained in the basic CCR registration form and includes
portions of the registration form which are titled “Optional”.


 

















 


(2)  You must select a
VAN from the official DoD approved list.  DoD Certified VANs are listed at
http://www.acq.osd.mil/ec/ecip/index.htm.  If your VAN is later removed
from the official list, or if you voluntarily drop your initially selected VAN,
then you must switch to a VAN that remains on the official DoD approved
list.  You must maintain an active account on a DoD approved VAN for the
entire duration of the contract, beginning no later than the 60th day after
award.


 


(e) Unless
otherwise specified elsewhere in the contract, all data items you are required
to provide under this contract must be submitted electronically. 
Acceptable formats include:


 


(1) Microsoft* 2002
Office Products (TACOM can currently read Office 2002* and lower.): Word,
Excel, Powerpoint, or Access


 


(2) 100 or 250 MEGABYTE
ZIP*-DISK, 3 1/2 INCH DISK, or 650 MEGABYTE CD ROM


 


(3) E-MAIL (Maximum
size of each e-mail message is be three and one-half (3.5) megabytes).


 


(4) Other electronic
formats.  Before submitting your data in any other electronic format,
please e-mail the buyer identified on the face of the contract, with e-mail
copy-furnished to amsta-idq@tacom.army.mil, to obtain a decision as to the
format’s acceptability.  This e-mail must be received by the buyer not
later than ten calendar days before the required data submission date.


 


NOTE:  The above formats may be submitted in compressed form using
self-extracting files.


 


(f) Additional
information can be obtained by sending a message to: acqcenweb@tacom.army.mil
or by calling (586) 574-7059.


 


[End
of Clause]


 


	
  20

  	
   

  	
  52.204-4009

  (TACOM)

  	
   

  	
  MANDATORY
  USE OF CONTRACTOR TO GOVERNMENT ELECTRONIC COMMUNICATION

  	
   

  	
  MAR/2005

  



 


(a) All references in the
contract to the submission of written documentation shall mean electronic
submission.  All electronic submissions shall be in the formats and media
described in the website: http://contracting.tacom.army.mil/ebidnotice.htm


 


(b) This
shall include all written unclassified communications between the Government
and the Contractor except contract awards and contract modifications which
shall be posted on the internet. Return receipt shall be used if a commercial
application is available. Classified information shall be handled in full
accordance with the appropriate security requirements.


 


(c) In
order to be contractually binding, all Government communications requiring a
Contracting Officer signature must be sent from the Contracting Officer’s
e-mail address.  The Contractor shall designate the personnel with
signature authority who can contractually bind the contractor.  All
binding contractor communication shall be sent from this contractor e-mail
address(es).


 


(d) Upon
award, the Contractor shall provide the Contracting Officer with a list of
e-mail addresses for all administrative and technical personnel assigned to
this contract.


 


(e) Unless exempted by the
Procuring Contracting Officer in writing, all unclassified written
communication after contract award shall be transmitted electronically.


 


[End
of Clause]


 


	
  21

  	
   

  	
  52.223-4000

  (TACOM)

  	
   

  	
  ENVIRONMENTAL,
  SAFETY, AND ENERGY STANDARDS AND REGULATIONS

  	
   

  	
  SEP/1978

  



 

















 


(a) The
contract price includes Contractor compliance with all federal vehicle
emission, fuel economy, safety, and noise requirements and standards,
hereinafter referred to as requirements, affecting the supplies to be
delivered under this contract which, as of the time of bid opening in the case
of sealed bidding, or as of the time for receipt of Best and Final Offers
(BAFOs) in the case of a negotiated solicitation, were in effect or scheduled
to become effective during the term of this contract.


 


(b) In
the event any of these requirements are subsequently changed (i.e., altered,
rescinded or postponed) and such changes have not been otherwise provided for
prior to the award of this contract, and compliance is mandatory upon the
Contractor, and such changes cause an increase or decrease in the cost of, or
time required to perform the contract, Contractor compliance with these changes
shall be subject to equitable adjustment.


 


(c) If
any of these requirements are changed as described above, but compliance is
optional on the part of the Contractor, the Contractor shall promptly notify
the Government in writing and the Procuring Contracting Officer (PCO) shall
have the right to decide whether the supplies yet to be accepted and delivered
to the Government shall incorporate the optional changes.  After receipt
of this written notice the PCO shall provide timely written advice to the
Contractor of the Government’s decision and, if applicable, the effective data
of such change(s).  If the PCO’s election constitutes a change which
causes an increase or decrease in the cost of, or time required to perform this
contract, Contractor compliance therewith shall be subject to equitable
adjustment.


 


*
* *


 


	
  22

  	
   

  	
  52.246-4005
  (TACOM)

  	
   

  	
  INSPECTION
  AND ACCEPTANCE POINTS: ORIGIN

  	
   

  	
  FEB/1995

  



 


The Government’s inspection
and acceptance of the supplies offered under this order shall take place at
ORIGIN.  Offerer must specify below the exact name and address of his
facility, or his subcontractor’s facility, where supplies to be furnished under
this order will be available for origin inspection


 


	
  Contractor’s
  Plant:

  	
   

  	
   

  
	
   

  	
   

  	
  (Name
  and Address)

  
	
   

  	
   

  
	
  Subcontractor’s
  Plant:

  	
   

  	
   

  
	
   

  	
   

  	
  (Name
  and Address)

  
				



 


[End of Clause]


 


	
  23

  	
   

  	
  52.246-4026
  (TACOM}

  	
   

  	
  LOCAL
  ADDRESS FOR DD FORM 250

  	
   

  	
  MAR/2005

  



 


(a) The
contractor must provide a copy of each Material Inspection and Receiving Report
(DD 250) pertaining to this contract, to the addresses given below, using
either of the following methods:


 


(1) Our first preference is
for you to use electronic mail (e-mail), using the following e-mail address:
DD250@tacom.army.mil


If Wide Area Workflow (WAWF) is used, the .pdf format version of the
Material Inspection and Receiving Report from WAWF will be submitted.


 


(2) Our second preference is
for you to use data facsimile (datafax) transmission, using this fax
number:  (586) 574-7788 and use “DD250 mailbox” in the “to:” block of your
fax cover or header sheet.


 


In either method, do not mix DD250s from more than one contract in a
single transmmission.  That is, you may submit multiple DD250s in a single
transmission, but they must all be against the same contract.


 

















 


(b) These
copies meet the requirements for the Purchasing Office copy and the Army
Inventory Control Manager copy listed in tables 1 and 2 of DFARS Appendix F.


 


(c) The
DD250 form may be found, in three different formats, on the World Wide Web at
http://www.dtic.mil/whs/directives/infomgt/forms/forminfo/forminfopage2126.html


 


[End
of Clause]


 


	
  24

  	
   

  	
  52.246-4028

  (TACOM)

  	
   

  	
  INSPECTION
  POINT: ORIGIN

  	
   

  	
  FEB/1994

  



 


We will inspect the supplies
as described elsewhere in this solicitation/contract before
acceptance.   Fill-in the location, contractor’s or subcontractor’s
plant, where origin inspection will occur.


 


	
  CONTRACTOR’S
  PLANT:

  	
   

  
	
   

  	
  (Name)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  (Address)

  	
  (City)

  	
  (County)

  	
  (State)

  	
  (Zip)

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  SUBCONTRACTOR’S
  PLANT:

  	
   

  
	
   

  	
  (Name)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  (Address)

  	
  (City)

  	
  (County)

  	
  (State)

  	
  (Zip)

  



 


[End
of Clause]


 


	
  25

  	
   

  	
  52.247-4005

  (TACOM)

  	
   

  	
  SHIPMENT
  OF SUPPLIES AND DETENTION OF CARRIER’S EQUIPMENT

  	
   

  	
  AUG/2003

  



 


(a) Unless otherwise
directed, shipment items under this contract in following order of priority:


 


(1)  Government/Commercial Bills of Lading or US
Postal Service;


 


(2)   Prepaid Commercial Bill(s) of Lading with
transportation charges entered as a separate item on the invoice; or


 


(3)   As otherwise instructed when the contract
prohibits use of Government funds for transportation costs.


 


(b) The Contractor will
request:


 


(1)   Government Bills of Lading and


 


(2)   Routing and other instructions, including
Defense Transportation Regulation (DTR), DOD Regulation 4500.9-R-Part 2 Cargo
Movement, as to the methods of shipment to be followed by the Contractor, or


 


(c)   The Contractor and
subcontractor(s) must allow prompt and convenient access of carrier’s equipment
to loading docks or platforms where the contract items supplies will be loaded.
Any charges for detention of carrier’s equipment shall be for the account of
the Contractor, except when the detention is required or caused by the
Government.


 

















 


[End
of Clause]


 


	
  25

  	
   

  	
  52.247-4016

  (TACOM)

  	
   

  	
  HEAT
  TREATMENT AND MARKING OF WOOD PACKAGING MATERIALS

  	
   

  	
  AUG/2005

  



 


Boxes/pallets and any wood
used as inner packaging made of non-manufactured wool shall be heat-treated.
All non-manufactured wood used in packaging shall be heat treated to a core
temperature of 56 degrees Celsius for a minimum of 30 minutes. The box/pallet
manufacturer and the manufacturer of wood used as inner packaging shall be
affiliated with an inspection agency accredited by the board of review of the
American Lumber Standard Committee. The box/pallet manufacturer and the
manufacturer of wood used as inner packaging shall ensure traceability to the
original source of heat treatment.


 


Marking.
Each box/pallet shall be marked to show the conformance to the International
Plant Protection Convention Standard. The quality mark shall be placed on both
ends of the outer packaging, between the end cleats or end battens; on two
sides of the pallet. Foreign manufacturers shall have the heat treatment of
non-manufactured wood products verified in accordance with their National Plant
Protection Organization’s compliance program. In addition, wood used as dunnage
for blocking and bracing shall be ordered with ALSC certified marking for
dunnage or the markings may be applied locally at two foot intervals.


 


[End of Clause]


 


LIST
OF ATTACHMENTS


 


	
  List of

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  Number

  	
   

  	
   

  	
   

  
	
  Addenda

  	
   

  	
  Title

  	
   

  	
  Date

  	
   

  	
  of Pages

  	
   

  	
  Transmitted By

  	
   

  
	
  Attachment 001

  	
   

  	
  AUTHORIZED
  STOCKAGE LIST (ASL)

  	
   

  	
   

  	
   

  	
  007