Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 18, 2013 FBO #4163
SOLICITATION NOTICE

49 -- Motor Pool Oil Separators and Components for TTC, Knox

Notice Date

4/16/2013
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

333913 — Measuring and Dispensing Pump Manufacturing
 

Contracting Office

ACC - New Jersey, Center for Contracting and Commerce, Building 10 Phipps RD, Picatinny Arsenal, NJ 07806-5000
 

ZIP Code

07806-5000
 

Solicitation Number

W15QKN13T8201
 

Response Due

4/19/2013
 

Archive Date

6/15/2013
 

Point of Contact

MAJ Robert Heatherly, 9737241605
 

E-Mail Address

ACC - New Jersey
(robert.heatherly@us.army.mil)
 

Small Business Set-Aside

N/A
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation and any resultant award will be in accordance with FAR part 13, Simplified Acquisition Procedures. Solicitation W15QKN-13-T-8201 along with incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2005-65, effective 29 Jan 2013. The NAICS code for this procurement is 333913. There is no set-aside associated with this solicitation. The U.S. Army, Army Contracting Command (ACC) New Jersey, Picatinny Arsenal, NJ 07806, on behalf of the U.S. Army TTC Knox, KY, 41021 has a requirement to acquire brand-name Lawson Product Motor Pool Oil Separators and Components for The Army School Training Center (TTC), Knox to support and facilitate motor pool operations at the Head Quarter facility in accordance with the Statement of Work (SOW) requirements. All information to be furnished in relation to this announcement will be at no cost or obligation to the Government. Closing date for receipt of proposals is 2:00 PM, EDT, 19 April 2013. Any response received after the due date and time will be considered untimely and may not be further considered for evaluation (FAR 15.208(b)). Evaluation and award shall be made in accordance with FAR 13, Simplified Acquisition Procedures. Offerors responding to this announcement shall submit their quote in accordance with FAR 52.212-1 as well as instructions contained within this solicitation. Offerors shall have a valid registration at SAM.gov. Also, please complete and submit provision 52.212-3, Offeror Representations and Certifications- Commercial Items. The offerors quote shall be labeled in a consistent manner with this document. All references to the SOW shall be clearly labeled with appropriate SOW paragraph. Offerors are expected to submit a quote in sufficient detail to allow the Government evaluation without the need for further clarifications. The Government does not assume the duty to search for data to cure problems it finds in quotes. The quote shall be presented in sufficient detail to allow the Government evaluation of the response to the requirements of the request for quote. The Government will not assume offerors possess any capability, understanding or commitment not specified in the quote. All inquiries/questions concerning this procurement, either technical or contractual, shall be submitted via email to the Contracting Office; phone call inquiries will not be accepted. Please submit all inquiries by email to the following: Major Robert Heatherly E-Mail: Robert.heatherly@us.army.mil Statement of Work Motor Pool Oil Separators and Components for TTC, Knox BACKGROUND: The U.S. Army is in need of Motor Pool Oil Separators and Components for The Army School Training Center, Knox (TTC). The Motor Pool Oil Separators and components are needed to support and facilitate normal motor pool operations at the HQ facility. OBJECTIVE: The purpose of this requirement is to procure the Motor Pool Oil Separators and parts requested for TTC Knox that meet the requirements below. SCOPE: The Vendor shall provide all items as required in the Statement of Work. The Government is seeking quotations in an effort to purchase utilizing a firm-fixed price type contract for the items listed in the Requirements Section below. REQUIREMENTS: a.The Vendor shall provide a quote to provide two (2) Motor Pool Oil Separators and Components as listed below. The Vendor's quote shall also include training of Army personnel as delineated below. b.Vendor shall be responsible for shipment, handling, delivery, setup and training of the Motor Pool Oil Separators and the Components at the specified location. c.Freight on Board shall be Destination. d.The two (2) Motor Pool Oil Separators and Components as well as training requirements are as follows and will comprise CLIN 0001 on the anticipated contract: Part # Qty Description 1354925 2ea, 4x65 Gal 1x120 Bulk Lubrication Center 1354901 12ea, 100' Hose Reel 1354936 10ea, Auto Shut Off Filler Nozzle 1354910 10ea, 2 Drum Spill Deck 1354974 2ea, Label Safe Parts Caddy, Large 1354926 48ea, 10m Filter 1354914 6ea, Flexible Grease Hose. 1354944 4ea, Grease Applicator Kit. 1354866 4ea, Drum Opener. 1354894 24ea, Desiccant Breathers. 1354883 10ea, 4 Drum in Line Spill Deck. 1354932 5ea, Utility Lid, Blue e.Vendor shall furnish any applicable manuals to include operator and maintenance manuals with delivery of the aforementioned items. TRAINING OF ARMY PERSONNEL: The Vendor shall provide on-site operator's training on the machine for approximately 8 - 10 Soldiers at the Unit after delivery. Up to 4 hours of instruction with one trainer shall be provided to including the operation and maintenance of the machine. This one-time training shall occur within 14 days after the delivery and acceptance of the machine is complete. At the completion of the training, Soldiers shall be able to take fluid from 55 gallon drum to the unit as well as be able to pour the fluid from the unit to a small container. PLACE OF PERFORMANCE: Delivery and Training Location: Unless otherwise specified, all deliveries and training shall be provided to the following address: TTC Knox ATTN: David Thome 288 Maronde Street Fort Knox, KY 40121 (502) 626-2547 David.thome@usar.army.mil Deliveries and training shall be coordinated in advance with Mr. David Thome to ensure Vendor access to the delivery and training locations. WARRANTY: Motor Pool Oil Separators and components are to be free from defect in materials and workmanship for a period of at least one (1) year under normal use. The warranty period shall begin on the date of set-up at the specified location. PERIOD OF PERFORMANCE: The Motor Pool Oil Separators and Components shall be delivered within 45 days of contract award. The entire scope of this project (which will include training of US Army personnel) shall be completed within 59 days after award of the contract. Basis of Award The basis for award of a contract resulting from this solicitation will be an integrated assessment of the results of the evaluation Factors specified below utilizing the Lowest Priced Technically Acceptable (LPTA) Source Selection methodology. The Government intends to award one (1) Firm Fixed price (FFP) purchase order resulting from this combined synopsis solicitation. Careful, complete and impartial consideration will be given to quotes received in response to the solicitation and the evaluation will be applied in the same manner. The offerors' quotes are presumed to represent their best effort in response to the requirements. Any inconsistency, whether real or apparent, between promised performance and price shall be explained in the quote. Unexplained inconsistencies resulting from the offerors' lack of understanding of the nature and statement of work required may be grounds for rejection of the quote. Relative Weighting of Criteria: Award will be made to the Offeror who represents the LPTA proposal based on the evaluation of the following Factors as outlined below. Factor 1: Technical Capability Factor 2: Price Each Offeror will be evaluated against the evaluation criteria to determine whether the Offeror is capable of delivering an acceptable product in the required amount of time, as described in the solicitation. The government will assign a rating of met or not met for all the Technical requirements. In order to be considered for award, there must be a quote mark of Met for the Technical Capability Factor. Evaluation Factors: Technical Capability: Proposals will be evaluated based on whether or not the offeror's quote meets or does not meet the requirements as set forth in the Statement of Work. The offeror will be assigned an adjectival rating of Met or Not Met. The minimum requirements have been Met if the contractor is able to provide all items listed in the requirements section of the SOW. MET - the rating of Met means the offeror's quote meets all of the requirements delineated in the SOW. NOT MET - The offeror's proposal does not meet the minimum requirements as delineated in the SOW. Price Factor: The Offeror shall submit a price for all items listed in the SOW Requirements. The Government will perform a price analysis to determine price reasonableness in accordance with FAR 15.4041(b). However, if deemed necessary by the Contracting Officer, a cost analysis may be performed per FAR 15.4041(c). A price evaluation will be conducted by totaling the proposed prices for all items in the SOW requirements. For items with a single numeric quantity, the evaluated price will be calculated by multiplying the proposed unit price by the set quantity. Price Inconsistencies: Any significant performance and price inconsistencies, if unexplained in the offeror's quote, raise a fundamental issue of the offeror's understanding of the nature and statement of work required and his/her financial ability to perform the contract, may be grounds for rejection of the quote. Discussions: Each initial quote should contain the offeror's best terms for award. The Government reserves the right to award without discussions. The Contracting Officer will make the determination as to whether or not discussions are necessary. Proposal Instructions: Quotes shall be submitted in the English language via email to Major Robert Heatherly, robert.heatherly@us.army.mil. This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Also, the full text of a clause may be accessed electronically at these addresses: FAR - http://farsite.hill.af.mil/vffara.htm Local Clauses - http://procnet.pica.army.mil/reference/Clauses/locals.htm. CLAUSES INCORPORATED BY REFERENCE 52.204-7 - Central Contractor Registration 52.212-1 - Instructions to Offerors--Commercial Items 52.212-3 - Offeror Representation and Certification - Commercial Items 52.212-4 - Contract Terms and Conditions - Commercial Items 52.233-1 - Disputes 52.232-1 - Payments 52.243-1 - Changes - Fixed Price 52.249-1 - Termination For Convenience Of The Government (Fixed Price) (Short Form) 52.247-34 - F.O.B. Destination 252.203-7002 - Requirements to Inform Employees of Whistleblower Rights 252.204-7003 - Control of Government Personnel Work Product 252.204-7004 - Required Central Contractor Registration 252.204-7006 - Billing Instructions 252.232-7010 - Levies on Contract Payments 252.209-7001 - Disclosure of Ownership or Control by the Government of a Terrorist Country The following Local Clauses are incorporated by Reference: 52.232-4002 - Payment 52.000-4000 - Identification of Contractor Employees 52.215-4005 - Electronic & Non-Electronic Proposal Submission Requirement 52.000-4002 - Level 1 Anti Terrorist Awareness Training Requirements for Contractor Clauses full text: 52.212-2 -- Evaluation -- Commercial Items. Evaluation -- Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: ____________Technical _______________ ____________Price______________________ (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.211-8 TIME OF DELIVERY (JUN 1997) (a) The Government requires delivery to be made according to the following schedule: REQUIRED DELIVERY SCHEDULE Delivery within 45 days after contract award The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. OFFEROR'S PROPOSED DELIVERY SCHEDULE _______________________________________________ Within Days After Date Item No. Quantity of Contract ______________ ______________ ________________ ______________ ______________ ________________ ______________ ______________ ________________ _______________________________________________ (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term quote mark working day quote mark excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected. (End of clause) 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2013) a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). ___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). _X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (11) [Reserved] ___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). ___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (45) 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)). ___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (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.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. (Feb 2013) (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. ____ 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. (1) _X___ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181). (2) _____252.203-7003, Agency Office of the Inspector General (DEC 2012)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509). (3) ____ 252.205-7000, Provision of Information to Cooperative AgreementHolders (DEC 1991) (10 U.S.C. 2416). (4) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts)(AUG 2012) (15 U.S.C. 637). (5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program)(JAN 2011) (15 U.S.C. 637 note). (6)(i) ____ 252.225-7001, Buy American and Balance of Payments Program (DEC 2012) (41 U.S.C. chapter 83, E.O. 10582). (ii) ____Alternate I (OCT 2011) of 252.225-7001. (7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009)(10 U.S.C. 2533b). (8) ____ 252.225-7009,Restriction on Acquisition of Certain Articles ContainingSpecialty Metals (JUN 2012) (10 U.S.C. 2533b). (9) ____ 252.225-7012,Preference for Certain Domestic Commodities (FEB 2013) (10 U.S.C. 2533a). (10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools(JUN 2005) (10 U.S.C. 2533a). (11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts). (12) _____252.225-7017, Photovoltaic Devices (DEC 2012) (Section 846 of Pub.L. 111-383). (13)(i) ____ 252.225-7021, Trade Agreements (DEC 2012) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (ii) ____ Alternate I (OCT 2011) of 252.225-7021. (iii) ____Alternate II (OCT 2011) of 252.225-7021. (14) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (15) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (16)(i) ____ 252.225-7036, Buy American-Free Trade Agreements- Balance of Payments Program (DEC 2012) (41 U.S.C. chapter 83 and 19 U.S.C. 3301note). (ii) ___ Alternate I (JUN 2012) of 252.225-7036. (iii) ___ Alternate II (NOV 2012) of 252.225-7036. (iv) ___ Alternate III (JUN 2012) of 252.225-7036. (v) ___ Alternate IV (NOV 2012) of 252.225-7036. (vi) ___ Alternate V (NOV 2012) of 252.225-7036. (17) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN2005) (10 U.S.C. 2534(a)(3)). (18) ____ 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383). (19) ____ 252.226-7001, Utilization of Indian Organizations, Indian-OwnedEconomic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts). (20)____ 252.227-7013, Rights in Technical Data-Noncommercial Items (FEB 2012), if applicable (see 227.7103-6(a)). (21) ____ 252.227-7015, Technical Data-Commercial Items (DEC 2011)(10 U.S.C. 2320). (22) ___ 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see 227.7102-4(c). (23) _X___ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (24) ____ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84) (25) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). (26) ____ 252.243-7002, Requests for Equitable Adjustment (DEC 2012) (10 U.S.C. 2410). (27) ____252.246-7004, Safety of Facilities, Infrastructure, and Equipment For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84). (28) ____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417). (29)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023. (iii) ____ Alternate II (MAR 2000) of 252.247-7023. (iv) ____ Alternate III (MAY 2002) of 252.247-7023. (30) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (31) ____ 252.247-7027, Riding Gang Member Requirements (OCT 2011) (Section 3504 of Pub. L. 110-417). (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: (1) 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383). (2) 252.227-7013, Rights in Technical Data-Noncommercial Items (FEB 2012), if applicable (see 227.7103-6(a)). (3) 252.227-7015, Technical Data-Commercial Items (DEC 2011), if applicable (see 227.7102-4(a)). (4) 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see 227.7102-4(c)). (5) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). (6) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). (7) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417). (8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C 2631). (9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (End of Clause) 52.246-4000 - Acceptance [ ] Acceptance will be at the Contractor's plant. [X] Acceptance will be at destination. 52.246-4001 GOVERNMENT PROCUREMENT QUALITY OCT/2010 ASSURANCE ACTIONS Government Procurement Quality Assurance (PQA) actions will be accomplished by the Governments Quality Assurance Representative (QAR) at: [] Contractors Plant [X] Destination [] Other: The Contractor's plant except for tests conducted at a Government Facility or Proving Ground. JM&L 193 - Commercial Packaging Requirements 52.211-4000 COMMERCIAL PACKAGING REQUIREMENTS OCT/2010 1. Packaging - Preservation, packaging, packing, unitization and marking furnished by the supplier shall provide protection for a minimum of one year, provide for multiple handling, redistribution and shipment by any mode and meet or exceed the following requirements. 1.1 Cleanliness - Items shall be free of dirt and other contaminants which would contribute to the deterioration of the item or which would require cleaning by the customer prior to use. Coatings and preservatives applied to the item for protection are not considered contaminants. 1.2 Preservation - Items susceptible to corrosion or deterioration shall be provided protection such as preservative coatings, volatile corrosion inhibitors, desiccants, water-proof and/or water-vapor-proof barriers. 1.3 Cushioning - Items requiring protection from physical and mechanical damage (e.g. fragile, sensitive, critical material) or which could cause physical damage to other items, shall be protected by wrapping, cushioning, pack compartmentalization, or other means to mitigate shock and vibration and prevent damage during handling and shipment. 2. Unit package 2.1 Unit Package - A unit package shall be so designed and constructed that it will contain the contents with no damage to the item(s), and with minimal damage to the unit pack during shipment and storage in the shipping container, and will allow subsequent handling. The outermost component of the unit package shall be a container such as a sealed bag, carton or box. 2.2 Unit Package Quantity - Unless otherwise specified, the unit package quantity shall be one each part, set, assembly, kit, etc. 3. Intermediate Package 3.1 Intermediate Packaging - The use of intermediate packaging is required whenever one or more of the following conditions exist: a. The quantity is over one (1) gross of the same national stock number. b. Use enhances handling and inventorying. c. The exterior surface of the unit pack is a barrier bag. d. The unit pack is less than 64 cubic inches. e. The weight of the unit pack is less than five (5) pounds and no dimension is over twelve (12) inches. Intermediate container shall be limited to a maximum of 100 unit packs, a net load of 40 pounds, or a maximum volume of 1.5 cubic feet, whichever occurs first. 4. Packing 4.1 Unit packages and intermediate packages not meeting the requirements for a shipping container shall be packed in shipping containers. All shipping containers shall be the most cost effective and shall be of the minimum cube to contain and protect the items. 4.2 Shipping Containers - The shipping container (including any necessary blocking, bracing, cushioning, or waterproofing) shall comply with the regulations of the carrier used and shall provide safe delivery to the destination at the lowest tariff cost. The shipping container shall be capable of multiple handling, stacking at least ten feet high, and storage under favorable conditions (such as enclosed facilities) for a minimum of one year. 5. Unitization: Shipments of identical items going to the same destination shall be palletized if they have a total cubic displacement of 50 cubic feet or more unless skids or other forklift handling features are included on the containers. Pallet loads must be stable, and to the greatest extent possible, provide a level top for ease of stacking. A palletized load shall be of a size to allow for placement of two loads high and wide in a conveyance. The weight capacity of the pallet must be adequate for the load. The preferred commercial expendable pallet is a 40 x 48 inch, 4-way entry pallet although variations may be permitted as dictated by the characteristics of the items being unitized. The load shall be contained in a manner that will permit safe handling during shipment and storage. 6. Marking All unit packages, intermediate packs, exterior shipping containers, and, as applicable, unitized loads shall be marked in accordance with MIL-STD-129, Revision P, Change Notice 4, Date 19 September 2007 including bar coding. The contractor is responsible for application of special markings as discussed in the Military Standard regardless of whether specified in the contract or not. Special markings include, but are not limited to, shelf-life markings, structural markings, and transportation special handling markings. The marking of pilferable and sensitive materiel will not identify the nature of the materiel. NOTE: Passive RFID tagging is required in all contracts that contain DFARS clause 252.211-7006. Contractors must check the solicitation and/or contract for this clause. For details and most recent information, see http://www.acq.osd.mil/log/rfid/index.htm for the current DoD Suppliers' Passive RFID Information Guide and Supplier Implementation Plan. If the item has Unique Item Identifier (UII) markings then the UII needs to be 2D bar coded and applied on the unit package, intermediate and exterior containers, and the unit load. 7. Hazardous Materials 7.1 A hazardous material is defined as a substance which has been determined by the Department of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. (This includes all items listed as hazardous in Title 49 CFR and other applicable modal regulations effective at the time of shipment.) Ammunition and explosives (Hazard Class 1) are special cases and must be properly hazard classified and registered with the competent authority of the United States (Department of Transportation). 7.2 Packaging and marking for hazardous material shall comply with the requirements for the mode of transport and the applicable performance packaging contained in the following documents: a. International Air Transport: International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air b. International Vessel Transport: International Maritime Dangerous Goods Code (IMDG) c. Domestic Transport: Code of Federal Regulations (CFR) Title 49 d. Military Air Transport: Joint Service Regulation AFMAN24-204/TM38-250/NAVSUP PUB 505/MCO P4030.19/DLAM 4145.3. 7.3 If the shipment originates from outside the continental United States, the shipment shall be prepared in accordance with the regulations of the Competent Authority of the nation of origin and in accordance with regulations of all applicable carriers. 7.4 A Product Material Safety Data Sheets (MSDS) is required to be included with every unit pack and intermediate container and shall be included with the packing list inside a waterproof sealed pouch attached to the outside of the package. 8. Wood Packaging Materials - Heat Treatment and Marking of Wood Packaging Materials: In accordance with the requirements of International Standards for Phytosanitary Measures (ISPM) 15, the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). WPM is defined as wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frames, and cleats. Packaging materials exempt from the requirements are materials that have undergone a manufacturing process such as corrugated fiberboard, plywood, particleboard, veneer and oriented strand board. All WPM shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) lumber and certified by an accredited agency recognized by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org). All materials must include certification markings in accordance with ALSC standards and be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved DUNNAGE stamp. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. 9. Quality Assurance -The contractor is responsible for establishing a quality system. Full consideration to examinations, inspections, and tests will be given to ensure the acceptability of the commercial package. 52.232-4004 ARMY ELECTRONIC INVOICING INSTRUCTIONS NOV/2011 Contractor shall submit payment request using the following method(s) as mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office. [X] Wide Area Workflow (WAWF) (see instructions below) [] Web Invoicing System (WInS) (https://ecweb.dfas.mil) [] American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats (http://www.X12.org and http://www.dfas.mil/ecedi) [ ] Other (please specify)_______________________ DFAS POC and Phone: _________________________ WAWF is the preferred method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractors electing to use WAWF shall (i) register to use WAWF at https://wawf.eb.mil and (ii) ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10)calendar days after award of this contract/order. WAWF Instructions: Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS)________TBD______________ at ___TBD______________or faxed to ______TBD_____________. Please have your purchase order/contract number ready when calling about payments. You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment. The following codes and information will be required to assure successful flow of WAWF documents. TYPE OF DOCUMENT [check as appropriate] [ ] Commercial Item Financing [ ] Construction Invoice (Contractor Only) [ ] Invoice (Contractor Only) [X] Invoice and receiving Report (COMBO) [ ] Invoice as 2-in-1 (Services only) [ ] Performance Based Payment (Government Only) [ ] Progress Payment (Government Only) [ ] Cost Voucher (Government Only) [ ] Receiving Report (Government Only) [ ] Receiving Report with Unique Identification (UID) Data (Government Only) UID is a new globally unique quote mark part identifier quote mark containing data elements used to track DOD parts through their life cycle. [ ] Summary Cost Voucher (Government Only) CAGE CODE: ____TBD____ ISSUE BY DODAAC: ___W15QKN__ ADMIN BY DODAAC: __W15QKN__ INSPECT BY DODAAC: ___TBD___ ACCEPT BY DODAAC: ____TBD_____ SHIP TO DODAAC: ___W90G6Q___ PAYMENT OFFICE FISCAL STATION CODE: ________________ EMAIL POINTS OF CONTACT LISTING: _robert.heatherly@us.army.mil_ INSPECTOR: ____TBD____ ACCEPTOR: _______TBD_______ RECEIVING OFFICE POC: _ David.thome@usar.army.mil_ CONTRACT ADMINISTRATOR: __Major Robert Heatherly__ CONTRACTING OFFICER: __Amanda Bortak__ ADDITIONAL CONTACT: ________________ For more information contact: __robert.heatherly@us.army.mil__ 52.224-4001 DISCLOSURE OF UNIT PRICE INFORMATION OCT/2010 This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.
 

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