Exhibit 10.1


	
  AWARD/CONTRACT

  	
  1. THIS CONTRACT IS A RATED

  	
  RATING

  
	
   

  	
  ORDER UNDER DPAS (15 CFR 350)

  	
  DO-A4A

  



 


	
  2. CONTRACT (Proc. Ist. Ident.) NO. 3.
  EFFECTIVE DATE

  	
  4. REQUISITION/PURCHASE

  
	
  M67854-06-C-5162

  	
  11 Aug 2006

  	
     REQUEST/PROJECT NO.

  
			



 


	
  5. ISSUED BY       CODE M67854

  	
  6. ADMINISTERED BY (If other than Item 5)

  	
  CODE S1103A

  
	
  MARCORSYSCOM

  	
  DCMA ATLANTA

  	
   

  
	
  ATTN CTQ/CAPT ARRATIA J.

  	
  2300 LAKE PARK DRIVE

  	
   

  
	
  2200 LESTER STREET

  	
  SUITE 300

  	
   

  
	
  QUANTICO VA 22134

  	
  SMYNRA GA 30080

  	
   

  



 


	
  7. NAME AND ADDRESS OF CONTRACTOR

  	
  (No., street, city, county, state, and zip code)

  	
  8. DELIVERY

  
	
  FORCE PROTECTION INDUSTRIES, INC.

  	
   

  	
  [   ] FOB ORIGIN

  
	
  MIKE ALDRICH

  	
   

  	
  [X] OTHER 

  	
  (See

  
	
  9801 HIGHWAY 78, #3

  	
   

  	
   

  	
  below)

  
	
  LADSON SC 29456

  	
  9. DISCOUNT FOR PROMPT PAYMENT

  	
   

  
	
   

  	
  Net 30 Days

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  10. SUBMIT INVOICES   1

  	
   

  
	
   

  	
  (4 copies unless otherwise specified)

  	
   

  
	
   

  	
  TO THE ADDRESS

  	
   

  
	
   

  	
  SHOWN IN:

  	
   

  



 


	
  CODE 1EFH8      FACILITY CODE

  	
   

  	
   

  
	
  11. SHIP TO/MARK FOR

  	
  12. PAYMENT WILL BE MADE BY

  	
  CODE HQ0338

  
	
  FORCE PROTECTION INDUSTRIES, INC.

  	
  DFAS COLUMBUS SOUTH ENTITLEMENT

  	
   

  
	
  WAYNE PHILLIPS

  	
  OPS

  	
   

  
	
  9801 HIGHWAY 78, BLDG 1

  	
  P.O. BOX 182264

  	
   

  
	
  LADSON, SC 29456

  	
  COLUMBUS OH 43218-2264

  	
   

  
	
   

  	
   

  	
   

  
	
  13. AUTHORITY FOR USING OTHER

  	
  14.ACCOUNTING AND APPROPRIATION DATA

  	
   

  
	
  THAN FULL AND OPEN COMPETITION

  	
  See Schedule

  	
   

  
	
  [X] 10 U.S.C. 2304(c) (4) [ ] 41 U.S.C. 253(c) (  )

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY
  15D. UNIT 15E. UNIT PRICE 15F. AMOUNT

  



 


FMS REQUIREMENT


CASE UK-P-LTQ


	
  15G. TOTAL AMOUNT OF CONTRACT

  	
   

  	
  $62,905,628.00

  
	
  16. TABLE OF CONTENTS

  	
   

  	
   

  	
   

  
				



 


	
  (X) SEC.

  	
  DESCRIPTION

  	
  PAGE(S) (X) SEC.

  	
  DESCRIPTION

  	
  PAGE(S)

  
	
  PART I
  — THE SCHEDULE

  	
   

  	
  PART II — CONTRACT CLAUSES

  
	
  X A 

  	
  SOLICITATION/CONTRACT FORM 1 X

  	
   

  	
  X I CONTRACT CLAUSES

  	
  11-20

  
	
  X B 

  	
  SUPPLIES OR SERVICES AND PRICES/COSTS

  	
  2-4

  	
  PART III — LIST OF DOCUMENTS,

  
	
   

  	
   

  	
   

  	
  EXHIBITS AND OTHER ATTACHMENTS

  
	
  C

  	
  DESCRIPTION/SPECS./WORK STATEMENT

  	
   

  	
  X J LIST OF ATTACHMENTS

  	
  21

  
	
  X D 

  	
  PACKAGING AND MARKING

  	
  5

  	
  PART IV — REPRESENTATIONS AND INSTRUCTIONS

  
	
  X E

  	
  INSPECTION AND ACCEPTANCE

  	
  6

  	
  K REPRESENTATIONS, CERTIFICATIONS AND

  	
   

  
	
   

  	
   

  	
   

  	
  OTHER STATEMENTS OR OFFERORS

  	
   

  
	
  X F

  	
  DELIVERIES OR PERFORMANCE

  	
  7

  	
   

  	
   

  
	
  X G

  	
  CONTRACT ADMINISTRATION DATA

  	
  8-9

  	
  L INSTRS., CONDS., AND NOTICES TO OFFERORS

  	
   

  
	
  X H

  	
  SPECIAL CONTRACT REQUIREMENTS

  	
  10

  	
  M EVALUATION FACTORS FOR AWARD

  	
   

  
	
  CONTRACTING
  OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

  
						



 


 


	
  17. [X] CONTRACTOR’S NEGOTIATED
  AGREEMENT Contractor is required to sign this document and return 1 copies
  to issuing office.) Contractor agrees to furnish and deliver all items or
  perform all the services set forth or otherwise identified above and on any
  continuation sheets for the consideration stated herein. the rights and
  obligations of the parties to this contract shall be subject to and governed
  by the following documents: (a) this award/contract, (b) the solicitation, if
  any, and (c) such provisions, representations, certifications, and
  specifications, as are attached or incorporated by reference herein. (Attachments
  are listed herein.)

  	
   

  	
  18. [ ] AWARD (Contractor is not required to sign
  this document.) Your offer on Solicitation Number _______  including the additions or changes made by
  you which additions or changes are set forth in full above, is hereby
  accepted as to the items listed above and on any continuation sheets. This
  award consummates the contract which consists of the following documents: (a)
  the Government’s solicitation and your offer, And (b) this award/contract. No
  further Contractual document is necessary.

  



 









 



 


	
  19A. NAME AND TITLE OF SIGNER (Type or print)

  	
   

  	
  20A. NAME AND TITLE OF CONTRACT OFFICER

  
	
   

  	
   

  	
  TEL:

  	
  EMAIL:

  
	
   

  	
   

  	
   

  
	
  19B. NAME OF CONTRACTOR         19C.
  DATE SIGNED

  	
  20B. UNITED STATES OF AMERICA

  
	
   

  	
   

  
	
  BY 

  	
   

  	
   

  	
  BY 

  	
   

  
	
   

  	
  (Signature of person authorized to sign)

  	
   

  	
   

  	
  (Signature of Contracting Officer)

  
	
   

  	
   

  	
   

  
	
  20C. DATE SIGNED

  	
   

  	
   

  
							



 


Section B —
Supplies or Services and Prices


	
  ITEM NO.

  	
  SUPPLIES/SERVICES

  	
  QUANTITY

  	
  UNIT

  	
  UNIT PRICE

  	
  AMOUNT

  
	
  0001

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  MASTER PPV

  	
  86

  	
  Each

  	
  $650,416.00 

  	
  $55,935,776.00 NTE

  
	
   

  	
  FFP

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  In accordance with Performance Specifications,
  Statement of Work.

  	
   

  
	
   

  	
  MILSTRIP No.: PUK245/6215/6001/0LTQ

  	
   

  
	
   

  	
  ACRN: AA

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FOB: Origin

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FMS Case No: UK-P-LTQ

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  NET AMT

  	
  $55,935,776.00

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  ACRN AA

  	
  z

  	
   

  	
   

  	
   

  
	
   

  	
  CIN: M6785406RCF0300

  	
   

  	
   

  	
   

  	
  $27,967,888.00

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
								



 


	
  ITEM NO.

  	
  SUPPLIES/SERVICES

  	
  QUANTITY

  	
  UNIT

  	
  UNIT PRICE

  	
  AMOUNT

  
	
  0002

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Non-Standard Combat

  	
  1

  	
  Lot

  	
  $3,532,868.00

  	
  $3,532,868.00 NTE

  
	
   

  	
  Vehicle Parts

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FFP

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  In accordance with Performance Specifications,
  Statement of Work.

  	
   

  
	
   

  	
  MILSTRIP No.: PUK245/6216/6001/0LTQ

  	
   

  	
   

  
	
   

  	
  ACRN: AB

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FOB: Origin

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FMS Case No: UK-P-LTQ

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  NET AMT

  	
  $3,532,868.00

  
	
   

  	
  ACRN AB

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  CIN: 000000000000000000000000000000

  	
   

  	
  $1,766,434.00

  



 


 


	
  ITEM NO.

  	
  SUPPLIES/SERVICES

  	
  QUANTITY

  	
  UNIT

  	
  UNIT PRICE

  	
  AMOUNT

  
	
  0003

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Technical, Non-Technical

  	
  1

  	
  Lot

  	
  $153,540.00

  	
  $153,540.00 NTE

  
	
   

  	
  Books, Pubs

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FFP

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  In accordance with Performance Specifications,
  Statement of Work.

  	
   

  	
   

  
	
   

  	
  MILSTRIP No.: PUK245/6217/6001/0LTQ

  	
   

  	
   

  
	
   

  	
  ACRN: AC

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FOB: Origin

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FMS Case No: UK-P-LTQ

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  NET AMT

  	
  $153,540.00

  
	
   

  	
  ACRN AC

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  CIN: 000000000000000000000000000000

  	
   

  	
  $76,770.00

  



 









 



 


	
  ITEM NO.

  	
  SUPPLIES/SERVICES

  	
  QUANTITY

  	
  UNIT

  	
  UNIT PRICE

  	
  AMOUNT

  
	
  0004

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  MASTIFF PPV TRAINING

  	
  1

  	
  Lot

  	
  $573,100.00

  	
  $573,100.00 NTE

  
	
   

  	
  FFP

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  In accordance with Performance Specifications,
  Statement of Work.

  	
   

  	
   

  
	
   

  	
  MILSTRIP No.: PUK244/6218/6001/0LTQ

  	
   

  	
   

  
	
   

  	
  ACRN: AD

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FMS Case No: UK-P-LTQ

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  NET AMT

  	
  $573,100.00

  
	
   

  	
  ACRN AD

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  CIN: 000000000000000000000000000000

  	
   

  	
  $286,550.00

  



 


 


	
  ITEM NO.

  	
  SUPPLIES/SERVICES

  	
  QUANTITY

  	
  UNIT

  	
  UNIT PRICE

  	
  AMOUNT

  
	
  0005

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  MASTIFF PPV TRAINING

  	
  1

  	
  Lot

  	
  $2,710,344.00

  	
  $2,710,344.00 NTE

  
	
   

  	
  Field Representative Support

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FFP

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  In accordance with Performance Specifications,
  Statement of Work.

  	
   

  	
   

  
	
   

  	
  MILSTRIP No.: PUK244/6219/8001/0LTQ

  	
   

  	
   

  
	
   

  	
  ACRN: AE

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FMS Case No: UK-P-LTQ

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  NET AMT

  	
  $2,710,344.00

  
	
   

  	
  ACRN AD

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  CIN: 000000000000000000000000000000

  	
   

  	
  $1,355,172.00

  



 


 


	
  ITEM NO.

  	
  SUPPLIES/SERVICES

  	
  QUANTITY

  	
  UNIT

  	
  UNIT PRICE

  	
  AMOUNT

  
	
  0101

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  OPTION

  	
  MASTIFF PPV

  	
  4

  	
  Lot

  	
  $650,416.00

  	
  $2,601,664.00 NTE

  
	
   

  	
  FFP

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  In accordance with Performance Specifications,
  Statement of Work.

  	
   

  	
   

  
	
   

  	
  MILSTRIP No.: PUK245/6215/6001/0LTQ

  	
   

  	
   

  
	
   

  	
  ACRN: AA

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  FOB: Origin

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  NET AMT

  	
  $2,601,664.00

  



 


Section D — Packaging
and Marking


MARKING AND
NOTIFICATION


(1)
Marking Requirements


Marking for
shipping and storage shall be in accordance with MIL-STD-129P, unless relief
has been









 



granted in writing
by the cognizant Procurement Contracting Officer.


(2)
Notification Requirements


The Contractor shall provide a Notification of
Availability (NOA) to the designated Freight Forwarder specified in this
section. The notification shall be made at least thirty (30) calendar days
prior to the contractor’s anticipated ship date. The notification should
include the contract number, FMS Case number, line item number (if applicable)
and a brief description of the items to be shipped.


Freight Forwarder
Address:


EMBASSY OF UNITED
KINGDOM

EXEL GLOBAL LOGISTICS IN

GLOBAL FREIGHT MANAGEMENT

45250 SEVERN WAY

STERLING, VA 20166


Section E —
Inspection and Acceptance


INSPECTION AND
ACCEPTANCE TERMS


Supplies/services
will be inspected/accepted at:


	
  CLIN

  	
  INSPECT AT

  	
  INSPECT BY

  	
  ACCEPT AT

  	
  ACCEPT BY

  
	
  0001

  	
  Origin

  	
  Government

  	
  Origin

  	
  Government

  
	
  0002

  	
  Origin

  	
  Government

  	
  Origin

  	
  Government

  
	
  0003

  	
  Origin

  	
  Government

  	
  Origin

  	
  Government

  
	
  0004

  	
  Destination

  	
  Government

  	
  Destination

  	
  Government

  
	
  0005

  	
  Destination

  	
  Government

  	
  Destination

  	
  Government

  
	
  0101

  	
  Origin

  	
  Government

  	
  Origin

  	
  Government

  



 


CLAUSES
INCORPORATED BY REFERENCE


	
  52.246-2

  	
  Inspection Of Supplies—Fixed Price

  	
  AUG 1996

  
	
  52.246-4

  	
  Inspection Of Services—Fixed Price

  	
  AUG 1996

  
	
  52.247-30

  	
  F.O.B. Origin, Contractor’s Facility

  	
  FEB 2006

  



 


Section F —
Deliveries or Performance


DELIVERY
INFORMATION


	
  CLIN

  	
  DELIVERY DATE

  	
  QUANTITY

  	
  SHIP TO ADDRESS

  	
  UIC

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  0001

  	
  09-DEC-2006

  	
  18

  	
  FORCE PROTECTION INDUSTRIES, INC.

  	
   

  
	
   

  	
   

  	
   

  	
  WAYNE PHILLIPS 9801

  	
   

  
	
   

  	
   

  	
   

  	
  HIGHWAY 78, BLDG 1

  	
   

  
	
   

  	
   

  	
   

  	
  LADSON SC 29456

  	
   

  
	
   

  	
   

  	
   

  	
  843-901-0810

  	
   

  
	
   

  	
   

  	
   

  	
  FOB: Origin

  	
   

  



 









 



 


	
  0001

  	
  08-JAN-2007

  	
  12

  	
  (SAME AS PREVIOUS LOCATION)

  	
   

  
	
   

  	
   

  	
   

  	
  FOB: Origin

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  0001

  	
  07-FEB-2007

  	
  15

  	
  (SAME AS PREVIOUS LOCATION)

  	
   

  
	
   

  	
   

  	
   

  	
  FOB: Origin

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  0001

  	
  09-MAR-2007

  	
  20

  	
  (SAME AS PREVIOUS LOCATION)

  	
   

  
	
   

  	
   

  	
   

  	
  FOB: Origin

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  0001

  	
  08-MAY-2007

  	
  21

  	
  (SAME AS PREVIOUS LOCATION)

  	
   

  
	
   

  	
   

  	
   

  	
  FOB: Origin

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  0002

  	
  N/A

  	
  N/A

  	
  N/A

  	
  N/A

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  0003

  	
  N/A

  	
  N/A

  	
  N/A

  	
  N/A

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  0004

  	
  N/A

  	
  N/A

  	
  N/A

  	
  N/A

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  0005

  	
  N/A

  	
  N/A

  	
  N/A

  	
  N/A

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  0101

  	
  01-MAY-2007

  	
  4

  	
  FORCE PROTECTION INDUSTRIES, INC.

  	
   

  
	
   

  	
   

  	
   

  	
  WAYNE PHILLIPS

  	
   

  
	
   

  	
   

  	
   

  	
  9801 HIGHWAY 78, BLDG 1

  	
   

  
	
   

  	
   

  	
   

  	
  LADSON SC 29456

  	
   

  
	
   

  	
   

  	
   

  	
  843-901-0810

  	
   

  
	
   

  	
   

  	
   

  	
  FOB: Origin

  	
   

  



 


CLAUSES INCORPORATED
BY REFERENCE


	
  52.242-17

  	
  Government Delay of Work

  	
  APR 1984

  
	
  52.246-16

  	
  Responsibility For Supplies

  	
  APR 1984

  



 


Section G —
Contract Administration Data


ACCOUNTING AND
APPROPRIATION DATA


AA: 97-11X8242 2880 000 74 802 0 065916 2D PUK245
62156 001 0LTQ

AMOUNT: $27,967,888.00

CIN M6785406RCF0300: $27,967,888.00


AB: 97-11X8242 2880 000 74 802 0 065916 2D PUK245
62166 001 0LTQ

AMOUNT: $1,766,434.00

CIN 0000000000000000000000000000000: $1,766,434.00


AC: 97-11X8242 2880 000 74 802 0 065916 2D PUK245
62176 001 0LTQ

AMOUNT: $76,770.00

CIN 0000000000000000000000000000000: $76,770.00


AD: 97-11X8242 2880 000 74 802 0 065916 2D PUK244
62186 001 0LTQ

AMOUNT: $286,550.00

CIN 0000000000000000000000000000000: $286,550.00









 



 


AE: 97-11X8242 2880 000 74 802 0 065916 2D PUK244
62196 001 0LTQ

AMOUNT: $1,355,172.00

CIN 0000000000000000000000000000000: $1,355,172.00


CLAUSES INCORPORATED BY FULL TEXT


MARCORSYSCOM
WAWF INSTRUCTIONS TO CONTRACTORS


ELECTRONIC
INVOICING PROCEDURES (MARCORSYSCOM Feb 2006)


In compliance with DFARS 252.232-7003, “Electronic
Submission of Payment Request (March 2003)” the United States Marine Corps
(USMC) utilizes WAWF-RA to electronically process vendor request for payment.
The contractor is required to utilize this system when processing invoices and
receiving reports under this contract.


The contractor
shall (i) ensure an Electronic Business Point of Contract (POC) is designated
in Central Contractor Registration at http://www.ccr.gov and (ii) register to
use WAWR-RA at the https://wawf.eb.mil/ within ten (10) days after award of the
contract or modification incorporating WAWF-RA into the contract. Step by step
procedures to register are available at the https://wawf.eb.mil/.


The USMC WAWF-RA
point of contact for this contract is Mr. Thomas Carmody and can be reached on
703 432 3582 or via email at thomas.carmody@usmc.mil.


The contractor is
directed to use the Combo format when processing invoices and receiving
reports. For all requirements, the contractor shall use the Marine Corps
Systems Command DODAAC (M67854) as the DOCAAC for all shipping addresses, even
if the ship-to address is other than the Marine Corps Systems Command.


DFAS-Columbus

P.O. Box 369022

Attn:Kansas-M67443

Columbus, Ohio 43236-9022


E-Mail: CCO-KC-VPIS@DFAS.MIL

PHONE: 1-800-756-4571 #2 then #4

WAWF: https://wawf.eb.mil/

VPIS: https://www.dfas.mil/money/vendor


Data entry information in WAWF:

Payment Office DoDAAC: HQ0338

Issue By DoDAAC: M67854

Admin Office DoDAAC: S1103A

Ship To/Service Acceptor DoDAAC: M67854/EST PG15

Contract Number: M67854-06-C-5162


Before closing out
of an invoice session in WAWF-RA, but after submitting your document or
documents, the contractor will be prompted to send additional email
notifications. The contractor shall click on Send Additional Email
Notifications block on the page that appears. Add the primary point of contact’s
email address (provided above) in the first email address block and add the
alternate point of contact’s email address in the following block. This
additional notification to the government is important to ensure the
appropriate point of contact is aware that the invoice documents have been
submitted into the WAWF-RA System.


NOTE:  The POCs identified above are for WAWF issues
only. Any other contracting questions/problems should be addressed to the POC
identified in Section A of the contract.















 


Section H —
Special Contract Requirements


EXERCISE OF
OPTIONS


EXERCISE
OF OPTIONS


THE CONTRACT LINE ITEM
NUMBERS (CLINs) 0101 IS CONSIDERED OPTION CLINs. The Option shall be exercised
in accordance with FAR 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED
LINE ITEM (MAR 1989), and the Procuring Contracting Officer (PCO) shall exercise
on or before the date provided below:


	
  Option Item

  	
   

  	
  PCO shall
  exercise on or before:

  
	
  0101

  	
   

  	
  On or before 180 days after contract award

  



 


Section I —
Contract Clauses


CLAUSES
INCORPORATED BY REFERENCE


	
  52.202-1

  	
  Definitions

  	
  JUL 2004

  
	
  52.203-3

  	
  Gratuities

  	
  APR 1984

  
	
  52.203-5

  	
  Covenant Against Contingent Fees

  	
  APR 1984

  
	
  52.203-6

  	
  Restrictions On Subcontractor Sales To The Government

  	
  JUL 1995

  
	
  52.203-7

  	
  Anti-Kickback Procedures

  	
  JUL 1995

  
	
  52.203-10

  	
  Price Or Fee Adjustment For Illegal Or Improper
  Activity

  	
  JAN 1997

  
	
  52.203-12

  	
  Limitation On Payments To Influence Certain Federal Transactions

  	
  SEP 2005

  
	
  52.204-2

  	
  Security Requirements

  	
  AUG 1996

  
	
  52.204-4

  	
  Printed or Copied Double-Sided on Recycled Paper

  	
  AUG 2000

  
	
  52.209-6

  	
  Protecting the Government’s Interest When
  Subcontracting With Contractors Debarred, Suspended, or Proposed for
  Debarment

  	
  JAN 2005

  
	
  52.211-5

  	
  Material Requirements

  	
  AUG 2000

  



 


CLAUSES
INCORPORATED BY FULL TEXT


	
  52.217-7

  	
  OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE
  ITEM (MAR 1989)

  	
   

  



 


The Government may
require the delivery of the numbered line item, identified in the Schedule as
an option item, in the quantity and at the price stated in the Schedule. The
Contracting Officer may exercise the option by written notice to the Contractor
within 180 days. Delivery of added items shall continue at the same rate that
like items are called for under the contract, unless the parties otherwise
agree.


(End of clause)


CLAUSES
INCORPORATED BY REFERENCE


	
  52.222-1

  	
  Notice To The Government Of Labor Disputes

  	
  FEB 1997

  
	
  52.222-3

  	
  Convict Labor

  	
  JUN 2003

  
	
  52.222-19

  	
  Child Labor—Cooperation with Authorities and
  Remedies

  	
  JAN 2006

  
	
  52.222-20

  	
  Walsh-Healey Public Contracts Act

  	
  DEC 1996

  
	
  52.222-21

  	
  Prohibition Of Segregated Facilities

  	
  FEB 1999

  
	
  52.222-26

  	
  Equal Opportunity

  	
  APR 2002

  
	
  52.222-29

  	
  Notification Of Visa Denial

  	
  JUN 2003

  
	
  52.222-35

  	
  Equal Opportunity For Special Disabled Veterans,
  Veterans of the Vietnam Era, and Other Eligible Veterans

  	
  DEC 2001

  
	
  52.222-36

  	
  Affirmative Action For Workers With Disabilities

  	
  JUN 1998

  
	
  52.222-37

  	
  Employment Reports On Special Disabled Veterans,
  Veterans Of The Vietnam Era, and Other Eligible Veterans

  	
  DEC 2001

  
	
  52.222-39

  	
  Notification of Employee Rights Concerning Payment
  of Union Dues or Fees

  	
  DEC 2004

  
	
  52.223-3

  	
  Hazardous Material Identification And Material
  Safety Data

  	
  JAN 1997

  
	
  52.223-14

  	
  Toxic Chemical Release Reporting

  	
  AUG 2003

  
	
  52.224-1

  	
  Privacy Act Notificatio

  	
   

  
	
  52.225-14

  	
  Inconsistency Between English Version And
  Translation Of Contract

  	
  FEB 2000

  



 









 



 


	
  52.227-1

  	
  Authorization and Consent

  	
  JUL 1995

  
	
  52.227-2

  	
  Notice and Assistance Regarding Patent and Copyright
  Infringement

  	
  AUG 1996

  
	
  52.227-3

  	
  Patent Indemnity

  	
  APR 1984

  
	
  52.228-3

  	
  Worker’s Compensation Insurance (Defense Base Act)

  	
  APR 1984

  
	
  52.228-4

  	
  Worker’s Compensation and War-Hazard Insurance
  Overseas

  	
  APR 1984

  
	
  52.228-4

  	
  Worker’s Compensation and War-Hazard Insurance
  Overseas

  	
  APR 1984

  
	
  52.229-3

  	
  Federal, State And Local Taxes

  	
  APR 2003

  
	
  52.229-4

  	
  Federal, State, And Local Taxes (State and Local
  Adjustments)

  	
  APR 2003

  
	
  52.229-6

  	
  Taxes—Foreign Fixed-Price Contracts

  	
  JUN 2003

  
	
  52.232-1

  	
  Payments

  	
  ARP 1984

  
	
  52.232-8

  	
  Discounts for Prompt Payment

  	
  FEB 2002

  
	
  52.232-11

  	
  Extras

  	
  APR 1984

  
	
  52.232-17

  	
  Interest

  	
  JUN 1996

  
	
  52.232-23

  	
  Assignment of Claims

  	
  JAN 1986

  
	
  52.232-23 Alt I

  	
  Assignment of Claims (Jan 1986) — Alternate I

  	
  APR 1984

  
	
  52.232-25

  	
  Prompt Payment

  	
  OCT 2003

  
	
  52.232-32

  	
  Performance-Based Payments

  	
  FEB 2002

  
	
  52.233-1

  	
  Disputes

  	
  JUL 2002

  
	
  52.233-1 Alt I

  	
  Disputes (Jul 2002) — Alternate I

  	
  DEC 1991

  
	
  52.233-3

  	
  Protest After Award

  	
  AUG 1996

  
	
  52.242-13

  	
  Bankruptcy

  	
  JUL 1995

  
	
  52.242-15

  	
  Stop-Work Order

  	
  AUG 1989

  
	
  52.243-1

  	
  Changes—Fixed Price

  	
  AUG 1987

  
	
  52.246-23

  	
  Limitation of Liability

  	
  FEB 1997

  
	
  52.246-24

  	
  Limitation of Liability—High Value Items

  	
  FEB 1997

  
	
  52.246-24 Alt I

  	
  Limitation of Liability—High Value Items (Feb 1997)
  — Alternate I

  	
  APR 1984

  
	
  52.246-25

  	
  Limitation Of Liability—Services

  	
  FEB 1997

  
	
  52.247-63

  	
  Preference For U.S. Flag Air Carriers

  	
  JUN 2003

  
	
  52.249-2

  	
  Termination For Convenience Of The Government
  (Fixed-Price)

  	
  MAY 2004

  
	
  52.249-8

  	
  Default (Fixed-Price Supply & Service)

  	
  APR 1984

  
	
  52.253-1

  	
  Computer Generated Forms

  	
  JAN 1991

  
	
  252.203-7001

  	
  Prohibition On Persons Convicted of Fraud or Other
  Defense-Contract-Related Felonies

  	
  DEC 2004

  
	
  252.203-7002

  	
  Display of DOD Hotline Poster

  	
  DEC 1991

  
	
  252.204-7000

  	
  Disclosure of Information

  	
  DEC 1991

  
	
  252.204-7003

  	
  Control of Government Personnel Work Product

  	
  APR 1992

  
	
  252.204-7004 Alt A

  	
  Central Contractor Registration (52.204-7) Alternate
  A

  	
  NOV 2003

  
	
  252.209-7004

  	
  Subcontracting With Firms That Are Owned or
  Controlled By The Government of a Terrorist Country

  	
  MAR 1998

  
	
  252.223-7004

  	
  Drug Free Work Force

  	
  SEP 1988

  
	
  252.225-7001

  	
  Buy American Art And Balance Of Payments Program

  	
  JUN 2005

  
	
  252.223-7002

  	
  Qualifying Country Sources As Subcontractors

  	
  APR 2003

  
	
  252.225-7004

  	
  Reporting of Contract Performance Outside the United
  States and Canada—Submission after Award

  	
  JUN 2005

  
	
  252.225-7012

  	
  Preference For Certain Domestic Commodities

  	
  JUN 2004

  
	
  252.225-7013

  	
  Duty-Free Entry

  	
  JUN 2006

  
	
  252.225-7016

  	
  Restriction On Acquisition Of Ball and Roller
  Bearings

  	
  MAR 2006

  
	
  252.225-7028

  	
  Exclusionary Policies And Practices Of Foreign
  Government

  	
  APR 2003

  
	
  252.225-7041

  	
  Correspondence in English

  	
  JUN 1997

  
	
  252.225-7042

  	
  Authorization to Perform

  	
  APR 2003

  
	
  252.228-7003

  	
  Capture and Detention

  	
  DEC 1991

  
	
  252.229-7006

  	
  Value Added Tax Exclusion (United Kingdom)

  	
  JUN 1997

  
	
  252.229-7008

  	
  Relief From Import Duty (United Kingdom)

  	
  JUN 1997

  
	
  252.229-7008

  	
  Assignment of Claims (Overseas)

  	
  JUN 1997

  



 









 



 


	
  252.232-7010

  	
  Levies on Contract Payments

  	
  SEP 2005

  
	
  252.232-7001

  	
  Choice of Law (Overseas)

  	
  JUN 1997

  
	
  252.243-7001

  	
  Pricing Of Contract Modifications

  	
  DEC 1991

  
	
  252.243-7001

  	
  Pricing Of Contract Modifications

  	
  DEC 1991

  
	
  252.243-7002

  	
  Requests for Equitable Adjustment

  	
  MAR 1998

  
	
  252.247-7024

  	
  Notification Of Transportation Of Supplies By Sea

  	
  MAR 2000

  



 


CLAUSES
INCORPORATED BY FULL TEXT


52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS
FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)


(a) If the
Government receives information that a contractor or a person has engaged in
conduct constituting a violation of subsection (a),(b),(c), or (d) of Section
27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) (the Act),
as amended by section 4304 of the 1996 National Defense Authorization Act for
Fiscal Year 1996 (Pub. L. 104-106), the Government may—


(1) Cancel the
solicitation, if the contract has not yet been awarded or issued; or


(2) Rescind the
contract with respect to which—


(i) The Contractor
or someone acting for the Contractor has been convicted for an offense where
the conduct constitutes a violation of subsection 27(a) or (b) of the Act for
the purpose of either—


(A) Exchanging the
information covered by such subsections for anything of value; or


(B) Obtaining or
giving anyone a competitive advantage in the award of a Federal agency
procurement contract; or


(ii) The head of
the contracting activity has determined, based upon a preponderance of the
evidence, that the Contractor or someone acting for the Contractor has engaged
in conduct constituting an offense punishable under subsections 27(e)(1) of the
Act.


(b) If the
Government rescinds the contract under paragraph (a) of this clause, the
Government is entitled to recover, in addition to any penalty prescribed by
law, the amount expended under the contract.


(c) The rights and
remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law, regulation, or under
this contract.


(End of clause)


52.216-24               LIMITATION OF GOVERNMENT
LIABILITY (APR 1984)


(a) In performing
this contract, the Contractor is not authorized to make expenditures or incur
obligations exceeding $31,762,522.50 dollars.


(b) The maximum
amount for which the Government shall be liable if this contract is terminated
is $31, 762,522.50 dollars.


(End of clause)


52.222-26               EQUAL OPPORTUNITY (APR 2002)
ALTERNATE I (FEB 1999)


Notice. The
following terms of this clause are waived for this contract: none are waived.


(a) Definition.
United States, as used in this clause, 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) If, during any
12-month period (including the 12 months preceding the award of this contract),
the Contractor has been or is awarded nonexempt Federal contracts and/or
subcontracts that have an aggregate value in excess of $10,000, the Contractor
shall comply with paragraphs (b)(1) through (b)(11) of this clause, except for
work performed outside the United States by employees who were not recruited
within the United States. Upon request, the Contractor shall provide information
necessary to determine the applicability of this clause.









 



 


(1) The Contractor
shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. However, it shall not be a
violation of this clause for the Contractor to extend a publicly announced
preference in employment to Indians living on or near an Indian reservation, in
connection with employment opportunities on or near an Indian reservation, as
permitted by 41 CFR 60-1.5.


(2) The Contractor
shall take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color,
religion, sex or national origin. This shall include, but not be limited to,
(i) employment, (ii) upgrading, (iii) demotion, (iv) transfer), (v)
recruitment, (vi) layoff or termination, (vii) rates of pay or other forms of
compensation, and (viii) selection for training, including apprenticeship.


(3) The Contractor
shall post in conspicuous places available to employees and applicants for
employment the notices to be provided by the Contracting Officer that explain
this clause.


(4) The Contractor
shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin.


(5) The Contractor
shall send, to each labor union or representative of workers with which it has
a collective bargaining agreement or other contract or understanding, the
notice to be provided by the Contracting Officer advising the labor union or
workers’ representative of the Contractor’s commitments under this clause, and
post copies of the notice in conspicuous places available to employees and
applicants for employment.


(6) The Contractor
shall comply with Executive Order 11246, as amended, and the rules,
regulations, and orders of the Secretary of Labor.


(7) The Contractor
shall furnish to the contracting agency all information required by Executive
Order 11246, as amended, and by the rules, regulations, and orders of the
Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1),
or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor
has filed within the 12 months preceding the date of contract award, the
Contractor shall, within 30 days after contract award, apply to either the
regional Office of Federal Contract Compliance Programs (OFCCP) or the local
office of the Equal Employment Opportunity Commission for the necessary forms.


(8) The Contractor
shall permit access to its premises, during normal business hours, by the
contracting agency or the OFCCP for the purpose of conducting on-site
compliance evaluations and complaint investigations. The Contractor shall
permit the Government to inspect and copy any books, accounts, records
(including computerized records), and other material that may be relevant to
the matter under investigation and pertinent to compliance with Executive Order
11246, as amended, and rules and regulations that implement the Executive
Order.


(9) If the OFCCP
determines that the Contractor is not in compliance with this clause or nay
rule, regulation, or order of the Secretary of Labor, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may
be declared ineligible for further Government contracts, under the procedures
authorized in Executive Order 11246, as amended. In addition, sanctions may be
imposed and remedies invoked against the Contractor as provided in Executive
Order 11246, as amended; in the rules, regulations, and orders of the Secretary
of Labor; or as otherwise provided by law.


(10) The
Contractor shall include the terms and conditions of subparagraphs (b)(1)
through (11) of this clause in every subcontract or purchase order that is not
exempted by the rules, regulations, or orders of the Secretary of Labor issued
under Executive Order 11246, as amended, so that these terms and conditions will
be binding upon each subcontractor or vendor.


(11) The
Contractor shall take such action with respect to any subcontract or purchase
order as the contracting officer may direct as a means of enforcing these terms
and conditions, including sanctions for noncompliance; provided, that if the
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of any direction, the Contractor may
request the United States to enter into the litigation to protect the interests
of the United States.


(c)
Notwithstanding any other clause in this contract, disputes relative to this
clause will be governed by the procedures in 41 CFR 60-1.1.


(End of clause)


52.222-35  EQUAL OPPORTUNITY FOR SPECIAL DISABLED
VETERANS, VETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (DEC 2001)
ALTERNATE I (DEC 2001)


Notice: The
following term(s) of this clause are waived for this contract; none are waived.









 



 


(a) Definitions.
As used in this clause—


All employment
openings means all positions except executive and top management, those
positions that will be filled from within the Contractor’s organization, and
positions lasting 3 days or less. This term includes full-time employment,
temporary employment of more than 3 days duration, and part-time employment.


Executive and top
management means any employee—


(1) Whose primary
duty consists of the management of the enterprise in which the individual is
employed or of a customarily recognized department or subdivision thereof;


(2) Who customarily
and regularly directs the work of two or more other employees;


(3) Who has the
authority to hire or fire other employees or whose suggestions and
recommendations as to the hiring or firing and as to the advancement and
promotion or any other change of status of other employees will be given
particular weight;


(4) Who
customarily and regularly exercises discretionary powers; and


(5) Who does not
devote more than 20 percent or, in the case of an employee of a retail or
service establishment, who does not devote more than 40 percent of total hours
of work in the work week to activities that are not directly and closely
related to the performance of the work described in paragraphs (1) through (4)
of this definition. This paragraph (5) does not apply in the case of an
employee who is in sole charge of an establishment or a physically separated
branch establishment, or who owns at least a 20 percent interest in the
enterprise in which the individual is employed.


Other eligible
veteran means any other veteran who served on active duty during a war or in a
campaign or expedition for which a campaign badge has been authorized.


Positions that
will be filled from within the Contractor’s organization means employment
openings for which the Contractor will give no consideration to persons outside
the Contractor’s organization (including any affiliates, subsidiaries, and
parent companies) and includes any openings the Contractor proposes to fill
from regularly established recall lists. The exception does not apply to a particular
opening once an employer decides to consider applicants outside of its
organization.


Qualified special
disabled veteran means a special disabled veteran who satisfies the requisite
skill, experience, education, and other job-related requirements of the
employment position such veteran holds or desires, and who, with or without
reasonable accommodation, can perform the essential functions of such position.


Special disabled
veteran means—


(1) A veteran who
is entitled to compensation (or who but for the receipt of military retired pay
would be entitled to compensation) under laws administered by the Department of
Veterans Affairs for a disability—


(i) Rated at 30
percent or more; or


(ii) Rated at 10
or 20 percent in the case of a veteran who has been determined under 38 U.S.C.
3106 to have a serious employment handicap (i.e., a significant impairment of
the veteran’s ability to prepare for, obtain, or retain employment consistent
with the veteran’s abilities, aptitudes, and interests); or


(2) A person who
was discharged or released from active duty because of a service-connected
disability.


Veteran of the
Vietnam era means a person who—


(1) Served on
active duty for a period of more than 180 days and was discharged or released
from active duty with other than a dishonorable discharge, if any part of such
active duty occurred-


(i) In the
Republic of Vietnam between February 28, 1961, and May 7, 1975; or


(ii) Between
August 5, 1964, and May 7, 1975, in all other cases;


(2) Was discharged
or released from active duty for a service-connected disability if any part of
the active duty was performed—









 



 


(i) In the
Republic of Vietnam between February 28, 1961, and May 7, 1975; or


(ii) Between
August 5, 1964, and May 7, 1975, in all other cases.


(b) General. (1)
The Contractor shall not discriminate against the individual because the
individual is the special disabled veteran, a veteran of the Vietnam era, or
other eligible veteran, regarding any position for which the employee or
applicant for employment is qualified. The Contractor shall take affirmative
action to employ, advance in


employment, and
otherwise treat qualified special disabled veterans, veterans of the Vietnam
era, and other eligible veterans without discrimination based upon their
disability or veterans’ status in all employment practices such as—


(i) Recruitment,
advertising, and job application procedures;


(ii) Hiring,
upgrading, promotion, award of tenure, demotion, transfer, layoff, termination,
right of return from layoff and rehiring;


(iii) Rate of pay
or any other form of compensation and changes in compensation;


(iv) Job
assignments, job classifications, organizational structures, positions
descriptions, lines of progression, and seniority lists;


(v) Leaves of
absence, sick leave, or any other leave;


(vi) Fringe
benefits available by virtue of employment, whether or not administered by the
Contractor;


(vii) Selection
and financial support for training, including apprenticeship, and on-the-job
training under 38 U.S.C. 3687, professional meetings, conferences, and other
related activities, and selection for leaves of absence to pursue training;


(viii) Activities
sponsored by the Contractor including social or recreational programs; and


(ix) Any other
term, condition, or privilege of employment.


(2) The Contractor
shall comply with the rules, regulations, and relevant orders of the Secretary
of Labor issued under the Vietnam Era Veterans’ Readjustment Assistance Act of
1972 (the Act), as amended (38 U.S.C. 4211 and 4212).


(c) Listing
openings. (1) The Contractor shall immediately list all employment openings
that exist at the time of the execution of this contract and those which occur
during the performance of this contract, including those not generated by this
contract, and including those occurring at an establishment of the Contractor
other than the one where the contract is being performed, but excluding those
of independently operated corporate affiliates, at an appropriated local public
employment service office of the State wherein the opening occurs. Listing
employment openings with the U.S. Department of Labor’s America’s Job Bank
shall satisfy the requirement to list jobs with the local employment service
office.


(2) The Contractor
shall make the listing of employment openings with the local employment service
office at least concurrently with using any other recruitment source or effort
and shall involve the normal obligations of placing a bona fide job order,
including accepting referrals of veterans and nonveterans. This listing of employment
openings does not require hiring any particular job applicant of hiring from
any particular group of job applicants and is not intended to relieve the
Contractor from any requirements of Executive orders or regulations concerning
nondiscrimination in employment.


(3) Whenever the
Contractor becomes contractually bound to the listing terms of this clause, it
shall advise the State public employment agency in each State where it has
establishments of the name and location of each hiring location in the State.
As long as the Contractor is contractually bound to these terms and has so
advised the State agency, it need not advise the State agency of subsequent
contracts. The Contractor may advise the State agency when it is no longer
bound by this contract clause.


(d) Applicability.
This clause does not apply to the listing of employment openings that occur and
are filled outside the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands of the United States, and Wake Island.


(e) Postings. (1)
The Contractor shall post employment notices in conspicuous places that are
available to employees and applicants for employment.


(2) The employment
notices shall—


(i) State the
rights of applicants and employees as well as the Contractor’s obligation under
the law to take affirmative action to employ and advance in employment
qualified employees and applicants who are special disabled veterans, veterans
of the Vietnam era, and other eligible veterans; and









 



 


(ii) Be in a form
prescribed by the Deputy Assistance Secretary for Federal Contract Compliance
Programs, Department of Labor (Deputy Assistant Secretary of Labor), and proved
by or through the Contracting Officer.


(3) The Contractor
shall ensure that applicants or employees who are special disabled veterans are
informed of the contents of the notice (e.g., the Contractor may have the
notice read to a visually disabled veteran, or may lower the posted notice so
that it can be read by a person in a wheelchair).


(4) The Contractor
shall notify each labor union or representative of workers with which it has a
collective bargaining agreement, or other contract understanding, that the
Contractor is bound by the terms of the Act and is committed to take
affirmative action to employ, and advance in employment, qualified special
disabled veterans, veterans of the Vietnam era, and other eligible veterans.


(f) Noncompliance.
If the Contractor does not comply with the requirements of this clause, the
Government may take appropriate actions under the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act.


(g) Subcontracts.
The Contractor shall insert the terms of this clause in all subcontracts or
purchase orders of $25,000 or more unless exempted by rules, regulations, or
orders of the Secretary of Labor. The Contractor shall act as specified by the
Deputy Assistant Secretary of Labor to enforce the terms, including action for
noncompliance.


(End of clause)


52.223-10               WASTE REDUCTION PROGRAM (AUG
2000)


(a) Definitions.
As used in this clause—


Recycling means
the series of activities, including collection, separation, and processing, by
which products or other materials are recovered from the solid waste stream for
use in the form of raw materials in the manufacture of products other than fuel
for producing heat or power by combustion.


Waste prevention
means any change in the design, manufacturing, purchase, or use of materials or
products (including packaging) to reduce their amount or toxicity before they
are discarded. Waste prevention also refers to the reuse of products or
materials.


Waste reduction
means preventing or decreasing the amount of waste being generated through
waste prevention, recycling, or purchasing recycled and environmentally
preferable products.


(b) Consistent
with the requirements of Section 701 of Executive Order 13101, the Contractor
shall establish a program to promote cost-effective waste reduction in all
operations and facilities covered by this contract. The Contractor’s programs
shall comply with applicable Federal, State, and local requirements,
specifically including Section 6002 of the Resource Conservation and Recovery
Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247).


(End of clause)


52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
(OCT 2004)


United States law
will apply to resolve any claim of breach of this contract.


(End of clause)


52.252-2 CLAUSES INCORPORATED BY REFERENCE (FED 1998)


This contract
incorporates one or more clauses by reference, with the same force and effect
as if they were given in full text. Upon request, the Contracting Officer will
make their full text available. Also, the full text of a clause may be accessed
electronically at this/these address(es):


http://www.arnet.gov/far/


(End of clause)









 



 


252.201-7000         CONTRACTING OFFICER’S REPRESENTATIVE
(DEC 1991)


(a) “Definition.
Contracting officer’s representative” means an individual designated in
accordance with subsection 201.602-2 of the Defense Federal Acquisition
Regulation Supplement and authorized in writing by the contracting officer to
perform specific technical or administrative functions.


(b) If the
Contracting Officer designates a contracting officer’s representative (COR),
the Contractor will receive a copy of the written designation. It will specify
the extent of the COR’s authority to act on behalf of the contracting officer.
The COR is not authorized to make any commitments or changes that will affect
price, quality, quantity, delivery, or any other term or condition of the
contract.


(End of clause)


252.217-7027         CONTRACT DEFINITIZATION (OCT 1998)


(a) A Firm Fixed
Price Contract is contemplated. The Contractor agrees to begin promptly
negotiating with the Contracting Officer the terms of a definitive contract
that will include (1) all clauses required by the Federal Acquisition
Regulation (FAR) on the date of execution of the undefinitized contract action,
(2) all clauses required by law on the dated of execution of the definitive
contract action, and (3) any other mutually agreeable clauses, terms, and
conditions. The Contractor agrees to submit a fixed price proposal and cost or
pricing data supporting its proposal.


(b) The schedule
for definitizing this contract is as follows (insert target date for
definitization of the contract action


and dates for
submission of proposal, beginning of negotiations, and, if appropriate,
submission of the make-or-buy and subcontracting plans and cost or pricing
data).


	
  EVENT

  	
   

  	
  DATE

  
	
  NTE Proposal & ROM Received

  	
   

  	
  Received, date 18 July 2006

  
	
  Letter Contract Award

  	
   

  	
  10 August 2006

  
	
  Baseline Definitization Proposal Received

  	
   

  	
  8 September 2006

  
	
  Technical Evaluation Received

  	
   

  	
  8 September 2006

  
	
  Pre-Negotiation Clearance Approved

  	
   

  	
  10 October 2006

  
	
  Negotiations Complete

  	
   

  	
  20 October 2006

  
	
  Post Negotiation Clearance Approved

  	
   

  	
  25 October 2006

  
	
  Definitive Contract Executed

  	
   

  	
  25 October 2006

  



 


(c) If agreement
on a definitive contact action to supersede this undefinitized contract action
is not reached by the target date in paragraph (b) of this clause, or within
any extension of it granted by the Contracting Officer, the Contracting Officer
may, with the approval of the head of the contracting activity, determine a reasonable
price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to
Contractor appeal as provided in the Disputes clause. In any event, the
Contractor shall proceed with completion of the contract, subject only to the
Limitation of Government Liability clause.


(1) After the
Contracting Officer’s determination of price or fee, the contract shall be
governed by—


(i) All clauses
required by the FAR on the date of execution of this undefinitized contract
action for either fixed-price or cost-reimbursement contracts, as determined by
the Contracting Officer under this paragraph (c);


(ii) All clauses
required by law as of the date of the Contracting Officer’s determination; and


(iii) Any other
clauses, terms, and conditions mutually agreed upon.


(2) To the extent
consistent with paragraph (c)(1) of this clause, all clauses, terms, and
conditions included in this undefinitized contract action shall continue in
effect, except those that by their nature apply only to an undefinitized
contract action.









 



 


(d) The definitive
contract resulting from this undefinitized contract action will include a
negotiated firm-fixed price contract in no event to exceed $62,905,628.00.


(End of clause)


Section J — List
of Documents, Exhibit and Other Attachments


Exhibit/Attachment
Table of Contents


	
  DOCUMENT TYPE

  	
  DESCRIPTION

  	
  PAGES

  	
  DATE

  
	
  Attachment 1

  	
  Attachment B:

  Performance

  Specifications

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Attachment 2

  	
  Attachment A: Statement of Work