PANEL, AIRCRAFT

AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) RATING 5. ISSUED BY CODE 6. ADMINISTERED BY (If other than Item 5) CODE 15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15F. AMOUNT15E. UNIT PRICE 7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, State and ZIP Code) 8. DELIVERY FOB ORIGIN OTHER (See below) (4 copies unless otherwise specified) 11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 10 U.S.C. 2304(c) 41 U.S.C. 253(c) 14. ACCOUNTING AND APPROPRIATION DATA 16. TABLE OF CONTENTS (X) SEC. DESCRIPTION PAGE(S) PART I - THE SCHEDULE A SOLICITATION/CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES/COSTS C DESCRIPTION/SPECS./WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17. CONTRACTOR'S NEGOTIATED

AGREEMENT (Contractor is required to sign this document and return 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. SEALED-BID AWARD (Contractor is not required to sign this document. ) Your bid 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 terms 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 bid, and (b) this award/contract. No further contractual document is necessary. (Block 18 should be checked only when awarding a sealed-bid contract.) PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. PAGE(S) PART II - CONTRACT CLAUSES (X) SEC. DESCRIPTION PART IV - REPRESENTATIONS AND INSTRUCTIONS I CONTRACT CLAUSES J LIST OF ATTACHMENTS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L INSTRS., CONDS., AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD 15G. TOTAL AMOUNT OF CONTRACT 19B. NAME OF CONTRACTOR BY AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 26 (REV. 5 /2011 ) 20B. UNITED STATES OF AMERICA BY Previous edition is usable Prescribed by GSA - FAR (48 CFR) 53.214(a) 2. CONTRACT (Proc. Inst. Ident.) NO. SPE4A7-20-D-0135 3. EFFECTIVE DATE 2020 FEB 21 4. REQUISITION/PURCHASE REQUEST/PROJECT NO. CODE 35KC3 FACILITY CODE 8X065 9. DISCOUNT FOR PROMPT PAYMENT Net 30 days ITEM 12 $433,912.50 X 1 X 2 X 7 X 7 X 8 X 19 19A. NAME AND TITLE OF SIGNER (Type or Print) 19C. DATE SIGNED 20A. NAME OF CONTRACTING OFFICER Renee Griffin Renee.Griffin@dla.mil 20C. DATE SIGNED 2020 FEB 21 X SEE SCHEDULE, DO NOT SHIP TO ADDRESS ON THIS PAGE DEF FIN AND ACCOUNTING SVC BSM P O BOX 182317 COLUMBUS OH 43218-2317 USA SL4701 X 1 ( Signature of person authorized to sign) (Signature of Contracting Officer) SPE4A7 DLA AVIATION ASC SUPPLIER OPER AE AND AF DIV 8000 JEFFERSON DAVIS HWY RICHMOND VA 23297 USA Local Admin: Jeremy Prince PARFE09 Tel: 804-279-5994 Email: Jeremy.Prince@dla.mil S1103A DCMA ATLANTA 2300 LAKE PARK DRIVE SMYRNA GA 30080-0000 USA Criticality: PAS : None Twin Services, Inc. 505 Larkspur Court MYRTLE BEACH SC 29579-1730 USA See Schedule 0.000 10. SUBMIT INVOICES TO THE ADDRESS SHOWN IN J PAGE 1 OF 19 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 2 OF 19 PAGES SPE4A7-20-D-0135 THIS COPY OF THE BASIC CONTRACT WAS SYSTEM GENERATED AND IS NOT THE EXECUTABLE COPY OF THE BASIC CONTRACT. PLEASE DISREGARD THIS COPY OF THE BASIC CONTRACT. PLEASE SEE THE ATTACHED EXECUTABLE COPY OF THE BASIC CONTRACT, ALONG WITH ALL OTHER APPLICABLE DOCUMENTS, VIA THE PAPERCLIP ICON ON THE LEFT SIDE OF THIS PDF FILE. THIS IS A 5 YEAR LONG TERM INDEFINITE QUANTITY CONTRACT WITH A 5-YEAR BASE EFFECTIVE FROM 02/21/2020 TO 02/20/2025. THE TOTAL DOLLAR VALUE OF THIS CONTRACT SHALL NOT EXCEED $433,912.50 FOR ALL DELIVERY ORDERS ISSUED AGAINST IT. THIS CONTRACT IS FOR A BASE PERIOD OF 5 YEARS WITH ZERO (0) OPTIONS. THE GOVERNMENT RESERVES THE RIGHT TO PROCURE THIS PART VIA OTHER PROCUREMENT MEANS IN LIEU OF THIS CONTRACT WHEN IT IS DETERMINED TO BE IN THE BEST INTEREST OF THE GOVERNMENT. REASONS INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: FIRST ARTICLE TEST REQUIREMENT IN WORK, FIRST ARTICLE TEST SAMPLES AT TESTING FACILITY, FIRST ARTICLE TEST FAILURE, CONTRACTOR FAILURE TO DELIVER OR DELIVER TIMELY, AND/OR BACKORDERS FOR THIS PART. THIS CONTRACT SHALL BE DEEMED FULLY EXHAUSTED AND/OR FULLY EXPIRED UPON REACHING THE TOTAL CONTRACT VALUE OR THE CONTRACT REACHING THE FINAL EXPIRATION DATE OF 02/20/2025. ALL TERMS AND CONDITIONS OF SOLICITATION SPE4A720R0231 AND TWIN SERVICES, INC. OFFER DATED JANUARY 28, 2020 ARE INCORPORATED BY REFERENCE INTO THIS CONTRACT. THIS IQC IS FOR STOCK BUYS ONLY. NSN 1560-01-329-7504 THE CRITICALITY DESIGNATOR CODE WILL BE REFLECTED ON THE INDIVIDUAL DELIVERY ORDER. FOB DESTINATION, INSPECTION/ACCEPTANCE ORIGIN. DELIVERY: 195 DAYS AFTER RECEIPT OF ORDER “SHIP TO” ADDRESSES WILL BE CITED ON EACH DELIVERY ORDER. ALL DELIVERIES WILL BE WITHIN THE CONTINENTAL UNITED STATES. THE GUARANTEED MINIMUM OF 19 EACH. THERE IS NO GUARANTEE THAT THE GOVERNMENT WILL PLACE ANY ORDERS AFTER THE GUARANTEED MINIMUM HAS BEEN MET. Quantities shown are applicable to the entire base period: Estimated Annual Demand Quantity: 76 each Minimum Delivery Order Quantity: 19 each Maximum Delivery Order Quantity: 76 each Quantity 19-76 Period Year 1: Effective from 02/21/2020 to 02/20/2021 $761.25 Period Year 2: Effective from 02/21/2021 to 02/20/2022 $761.25 Period Year 3: Effective from 02/21/2022 to 02/20/2023 $761.25 Period Year 4: Effective from 02/21/2023 to 02/20/2024 $761.25 Period Year 5: Effective from 02/21/2024 to 02/20/2025 $761.25 The following DLA Aviation Notices are incorporated by reference. The full-text of the notices can be found at: http://www.dla.mil/Aviation/Business/IndustryResources/DLAResourcesforSuppliers/DAANs.aspx DAAN-11-01 Notification of Rejection of Award with Technical Data (September 2016) DAAN-47-02 Carrier Tracking Information in Wide Area Workflow (WAWF) (April 2018) PLACE OF INSPECTION FOR PACKAGING AND ACCEPTANCE OF SUPPLIES: CAGE: 8X065 SWISS PATTERN CORP. 2611 S YALE STREET SANTA ANA, CA 92704 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 3 OF 19 PAGES SPE4A7-20-D-0135 SECTION B SUPPLIES/SERVICES: 1560-01-329-7504 ITEM DESCRIPTION: PANEL, AIRCRAFT RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. THIS NATIONAL STOCK NUMBER AND/OR ASSOCIATED DATA HAS BEEN DETERMINED TO CONTAIN, UTILIZE, OR GENERATE COVERED DEFENSE INFORMATION (CDI). CDI IS UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION OR OTHER INFORMATION(>,)> AS DESCRIBED IN THE CONTROLLED UNCLASSIFIED INFORMATION (CUI) REGISTRY THAT REQUIRES SAFEGUARDING PURSUANT TO DFARS 252.204-7012. RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT RQ001: HIGHER LEVEL CONTRACT QUALITY REQUIREMENTS (MANUFACTURERS AND NON-MANUFACTURERS) RQ002: CONFIGURATION CHANGE MANAGEMENT - ENGINEERING CHANGE PROPOSAL REQUEST FOR VARIANCE (DEVIATION OR WAIVER) RQ009: INSPECTION AND ACCEPTANCE AT ORIGIN RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES SAMPLING: THE SAMPLING METHOD SHALL BE IN ACCORDANCE WITH MIL-STD-1916 OR ASQ H1331, TABLE 1 OR A COMPARABLE ZERO BASED SAMPLING PLAN UNLESS OTHERWISE SPECIFIED BY THE CONTRACT. IF THE APPLICABLE DRAWING, SPECIFICATION, STANDARD, OR QUALITY ASSURANCE PROVISION (QAP) SPECIFIES CRITICAL, MAJOR AND/OR MINOR ATTRIBUTES, THEY SHALL BE ASSIGNED VERIFICAITON LEVELS OF VII, IV AND II OR AQLS OF 0.1, 1.0 AND 4.0 RESPECTIVELY. UNSPECIFIED ATTRIBUTES SHALL BE CONSIDERED AS MAJOR UNLESS SAMPLING PLANS ARE SPECIFIED IN APPLICABLE DOCUMENTS. FOR MIL-STD-1916, THE MANUFACTURER MAY USE THE ATTRIBUTE OR VARIABLE INSPECTION METHOD AT THEIR OPTION OR PER THE CONTRACT. MIL-STD-105/ASQ Z1.4 MAY BE USED TO SET SAMPLE LOT SIZE, BUT ACCEPTANCE WOULD BE ZERO NON-CONFORMANCES IN THE SAMPLE LOT UNLESS OTHERWISE SPECIFIED IN THE CONTRACT. MIL-STD-130N(1) DATED 16 NOV 2012. IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY A BOEING RIGHTS GUARD LICENSE AGREEMENT 01 RESTRICTED TECHNICAL DATA PACKAGE EXISTS FOR THIS ITEM. DATA NON-DISCLOSURE AND DATA DESTRUCTION CONDITIONS APPLY. VENDORS MUST COMPLETE AND RETURN THE FORMS LOCATED IN THE "01 BOEING RIGHTS GUARD" LICENSE AGREEMENT FOLDER AVAILABLE AT https://pcf1x.bsm.dla.mil/cFolders A BOEING LICENSE AGREEMENT 31 RESTRICTED TECHNICAL DATA PACKAGE EXISTS CONTAINING BOEING PROPRIETARY PROCESS SPECIFICATIONS AND STANDARDS FOR THIS ITEM. DATA NON-DISCLOSURE AND DATA DESTRUCTION CONDITIONS APPLY. VENDORS MUST COMPLETE AND RETURN THE FORMS LOCATED IN THE "BOEING" LICENSE AGREEMENT FOLDER AVAILABLE AT https://pcf1x.bsm.dla.mil/cFolders EXCEPTION DATA: 1. Part marking per MIL-STD-130 method per drawing requirements and BAC5307. Marking must include national stock number, part number, current design authority code (98748), actual manufacturer's CAGE code (-----), date of manufacture and "For Military Use Only". Parts will not be marked with the original design authority (Boeing) CAGE code. 2. Delete reference to BAC5005, D2-5000. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 4 OF 19 PAGES SPE4A7-20-D-0135 SECTION B SUPPLY/SERVICE: 1560-01-329-7504 CONT'D 3. Surface texture per ASME B46.1. 4. Dimensions and tolerances per ASME Y14.5M. 5. IUID marking is not required. 6. ADCNW2 applies to drawing 50-3750. Make per ADCNW2. 7. Finish code F-6.10 states: Apply no finish. ...END OF EXCEPTIONS... DIGITAL MYLAR DATA EXISTS FOR THIS NSN, AND WILL BE INCLUDED IN THE TECHNICAL DATA PACKAGE PROVIDED BY DLA. IF UNABLE TO USE THE DATA IN THE DIGITAL FORMAT PROVIDED, THE CONTRACTOR WILL BE RESPONSIBLE FOR HAVING THE DATA CONVERTED TO THE NECESSARY FORMAT (I.E. MYLAR FILM), THROUGH A THIRD PARTY AND BEAR THE ASSOCIATED COSTS WHEN CONVERTING FROM DIGITAL TO STABLE BASED FORMAT, THE DIGITAL MYLAR SHALL BE PLOTTED ON STABLE BASE MATERIAL, WHILE MAINTAINING THE DIMENSIONAL ACCURACY DEMANDS OF THE UNDIMENSIONED DRAWING. THIS INCLUDES BUT IS NOT LIMITED TO: VERIFY THE PLOT OF THE MYLAR(S) FOR DIMENSIONAL ACCURACY AS OUTLINED IN ASME Y14.31. ACCURACY SHALL BE DETERMINED VERTICALLY, HORIZONTALLY AND DIAGONALLY. ENSURE THAT THE INDIVIDUAL GRID UNITS ARE WITHIN THE TOLERANCE OF (+,-) 0.005 INCHES AND (+,-) 0.007 INCHES DIAGONALLY. TOTAL GRID TOLERANCE SHALL BE (+,-) 0.010 INCHES AND (+,-) 0.014 INCHES DIAGONALLY. DRAWINGS WITH DIMENSIONAL ACCURACY POINTS SUCH AS TRAMMEL POINTS SHALL BE MEASURED TO WITHIN CENTERLINE (+,-) 0.010 INCHES AND (+,-) 0.014 INCHES DIAGONALLY. REGISTRATION MARKS SUCH AS THOSE USED ON CIRCUIT CARDS SHALL BE MEASURED TO WITHIN (+,-) 0.005 INCHES AND (+,-) 0.007 INCHES DIAGONALLY. CRITICAL APPLICATION ITEM IAW BASIC DRAWING NR 81205 50-3750 REVISION NR C DTD 04/26/1960 PART PIECE NUMBER: 50-3750-2 IAW REFERENCE DRAWING NR 81205 BAC5807 REVISION NR N DTD 08/19/1996 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 BAC5331 REVISION NR D DTD 01/13/2011 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 BAC5331 REVISION NR D DTD 03/28/2000 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 BAC5807 REVISION NR N DTD 08/14/2003 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 BAC5322 REVISION NR B DTD 12/21/2011 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 50-3750/2 REVISION NR C DTD 10/23/1956 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 BAC5322 REVISION NR B DTD 08/02/2006 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 BAC5300-1 REVISION NR H DTD 09/01/2006 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 BAC5300-2 REVISION NR H DTD 09/01/2006 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 50-3750 REVISION NR C DTD 01/31/2008 PART PIECE NUMBER: CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 5 OF 19 PAGES SPE4A7-20-D-0135 SECTION B SUPPLY/SERVICE: 1560-01-329-7504 CONT'D IAW REFERENCE DRAWING NR 81205 BAC5300-2 REVISION NR H DTD 09/15/2014 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 BAC5300-1 REVISION NR H DTD 06/23/2014 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 81205 BAC5300 REVISION NR N DTD 12/05/2016 PART PIECE NUMBER: ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT . 0001 1560-01-329-7504 0.000 EA $ 761.25 $ 433,912.50 PANEL,AIRCRAFT PRICING TERMS: Firm Fixed Price SUPPLIES/SERVICES: 1560-01-329-7504 Delivery CLIN Price (in days) . 0001 $ 761.25 195 QTY VARIANCE: PLUS 0% MINUS 0% INSPECTION POINT: ORIGIN ACCEPTANCE POINT: ORIGIN FOB: DESTINATION DELIVERY DATE: FOB PAYMENT METHOD: CONTRACTOR PLACE of INSPECTION for SUPPLIES: 8X065 SWISS PATTERN CORP. 2611 S Yale St SANTA ANA CA 92704-5227 USA PLACE OF PACKAGING: 8X065 SWISS PATTERN CORP. 2611 S Yale St SANTA ANA CA 92704-5227 USA PLACE of INSPECTION for PACKAGING: 8X065 SWISS PATTERN CORP. 2611 S Yale St SANTA ANA CA 92704-5227 USA PREP FOR DELIVERY: PKGING DATA-QUP:001 IF MATERIAL IS CONSIDERED HAZARDOUS IAW FED-STD-313, PACKAGE IN ACCORDANCE WITH TQ REQUIREMENT IP025. IF THE MATERIAL IS NOT CONSIDERED HAZARDOUS, IN ACCORDANCE WITH FED-STD-313, THE MATERIAL SHALL BE COMMERCIALLY PACKAGED IN ACCORDANCE WITH ASTM D3951. All Section “D” Packaging and Marking Clauses take precedence over ASTM D3951 The Unit of Issue (U/I) and Quantity per Unit Pack (QUP) will be as specified in the contract/purchase order. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 6 OF 19 PAGES SPE4A7-20-D-0135 SECTION B SUPPLY/SERVICE: 1560-01-329-7504 CONT'D GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date . 0001 N/A N/A N/A N/A N/A N/A * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION E - INSPECTION AND ACCEPTANCE 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014) FAR As prescribed in 46.311, insert the following clause: (a) The Contractor shall comply with the higher-level quality standard(s) listed below. Title Number Date Tailoring ISO 9001:2015 [Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.] (b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in- (1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or (2) When the technical requirements of a subcontract require- (i) Control of such things as design, work operations, in-process control, testing, and inspection; or (ii) Attention to such factors as organization, planning, work instruction, documentation control, and advanced metrology. (End of Clause) 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR SECTION F - DELIVERIES OR PERFORMANCE 52.247-34 F.O.B. DESTINATION (NOV 1991) FAR 52.247-48 F.O.B. DESTINATION - EVIDENCE OF SHIPMENT (FEB 1999) FAR 52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR As prescribed in 47.305-16(b)(1), insert the following clause: (a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately. This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in paragraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will be based on the shipping characteristics submitted by the offeror whose offer produces the highest transportation costs or in the absence thereof, by the Contracting Officer's best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping characteristics had been accurate. (1) To be completed by the offeror: (i) Type of container: Wood Box [ ] Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (Specify) ; (ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify) ; (iii) Size of container: ” (Length), × ” (Width), × ” (Height) = Cubic Ft; (iv) Number of items per container each; (v) Gross weight of container and contents Lbs; (vi) Palletized/skidded [ ] Yes [ ] No; (vii) Number of containers per pallet/skid ; (viii) Weight of empty pallet bottom/skid and sides Lbs; (ix) Size of pallet/skid and contents Lbs Cube ; (x) Number of containers or pallets/skids per railcar * CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION F - DELIVERIES OR PERFORMANCE (CONTINUED) (A) Size of railcar (B) Type of railcar (xi) Number of containers or pallets/skids per trailer * (A) Size of trailer Ft (B) Type of trailer * Number of complete units (line item) to be shipped in carrier's equipment. (2) To be completed by the Government after evaluation but before contract award: (i) Rate used in evaluation ; (ii) Tender/Tariff ; (iii) Item . (b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements, which are specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which differ from those used for evaluation in accordance with paragraph (a) of this clause. (End of clause) SECTION I - CONTRACT CLAUSES 52.202-1 DEFINITIONS (NOV 2013) FAR 52.203-3 GRATUITIES (APR 1984) FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014) FAR 52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) FAR 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008) DFARS 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2018) FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) DFARS CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT 2016) DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (OCT 2015) FAR 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008) FAR 252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS (a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments. (b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2). (c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall (1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted; (2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation; (3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and (4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process. (d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications or standards: (Offeror insert information for each SPI process) SPI Process: Facility: Military or Federal Specification or Standard: Affected Contract Line Item Number, Subline Item Number, Component, or Element: (e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror (1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but (2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers. (End of clause) 252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT OFFSETS (JUN 2018) DFARS 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-O0003) (JAN 2019) FAR (a) This clause does not apply to the unrestricted portion of a partial set-aside. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) (b) Definition. As used in this clause -- “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set- aside or sole source award under the HUBZone Program. (c) Applicability. This clause applies only to -- (1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants; (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and (3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for -- (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded. (f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (End of clause) 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEVIATION 2019-O0003) (JAN 2019) FAR (a) Definitions. As used in this clause -- “Service-disabled veteran-owned small business concern” -- (1) Means a small business concern -- i. Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and ii. The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set- aside or sole source award under the HUBZone Program. (b) Applicability. This clause applies only to -- (1) Contracts that have been set aside or reserved for service-disabled veteran-owned small business concerns; (2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns; and (3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) General. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation will be made to a service-disabled veteran- owned small business concern. (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Agreement. By submission of an offer and execution of a contract, a service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for -- (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; (2) Supplies (other than acquisition from a nonmanufacturer of the supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded. (f) Joint venture. A joint venture may be considered a service-disabled veteran owned small business concern if -- (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran- owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4) The joint venture meets the requirements of 13 CFR 125.15(b). (g) Nonmanufacturer. Unless SBA has waived the requirements of paragraphs (g)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a service- disabled veteran-owned small business concern that provides an end item it did not manufacture, process, or produce, shall -- (i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; (ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and (iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery. (2) Paragraph (g)(1) of this clause does not apply to construction or service contracts. (End of clause) 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) FAR As prescribed in 19.309(c), insert the following clause: (a) Definitions. As used in this clause. Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts. (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number . [Contractor to sign and date and insert authorized signer's name and title]. (End of clause) 52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020) FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016) FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) FAR 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2017) DFARS CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2016), ALT I (DEC 2016) DFARS 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016) DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) DFARS 252.225-7013 DUTY-FREE ENTRY (MAY 2016) DFARS 252.227-7013 RIGHTS IN TECHNICAL DATA - NONCOMMERCIAL ITEMS (FEB 2014) 252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011) DFARS 252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013) DFARS 252.227-7030 TECHNICAL DATA - WITHHOLDING OF PAYMENT (MAR 2000) DFARS 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) FAR 52.232-17 INTEREST (MAY 2014) FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) DFARS As prescribed in 232.7004(b), use the following clause: (a) Definitions. As used in this clause- “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. “Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). (Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. (Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”) (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”) (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system. (Contracting Officer: Insert applicable email addresses or “Not applicable.”) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. (Contracting Officer: Insert applicable information or “Not applicable.”) (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS 52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR 52.242-13 BANKRUPTCY (JUL 1995) FAR 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS As prescribed in 243.205-71, use the following clause: CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) (a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations. (b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor: I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief. (Official's Name) (Title) (c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including (1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and (2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required. (d) The certification requirement in paragraph (b) of this clause does not apply to (1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or (2) Final adjustments under an incentive provision of the contract. (End of clause) 52.244-2 SUBCONTRACTS (OCT 2010) FAR As prescribed in 44.204(a)(1), insert the following clause: (a) Definitions. As used in this clause -- “Approved purchasing system” means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR). “Consent to subcontract” means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract. “Subcontract” means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause. (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that -- (1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or (2) Is fixed-price and exceeds -- (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts: (e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) consent is required under paragraph (b), (c), or (d) of this clause, including the following information: (i) A description of the supplies or services to be subcontracted. (ii) Identification of the type of subcontract to be used. (iii) Identification of the proposed subcontractor. (iv) The proposed subcontract price. (v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions. (vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract. (vii) A negotiation memorandum reflecting -- (A) The principal elements of the subcontract price negotiations; (B) The most significant considerations controlling establishment of initial or revised prices; (C) The reason certified cost or pricing data were or were not required; (D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price; (E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. (2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause. (f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination -- (1) Of the acceptability of any subcontract terms or conditions; (2) Of the allowability of any cost under this contract; or (3) To relieve the Contractor of any responsibility for performing this contract. (g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i). (h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government. (i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3. (j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: (End of clause) 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996) FAR 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) DFARS 252.244-7001 CONTRACTING PURCHASING SYSTEM ADMINISTRATION (MAY 2014) DFARS 252.247-7023 TRANSPORATION OF SUPPLIES BY SEA -- BASIC (FEB 2019) DFARS (a) Definitions. As used in this clause -- CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) “Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor. “Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. “Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel. “Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. “Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract. “Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea. (i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination. (ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing. “U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States. (b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. (2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if -- (i) This contract is a construction contract; or (ii) The supplies being transported are -- (A) Noncommercial items; or (B) Commercial items that -- (1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment); (2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or (3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. (c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that -- (1) U.S.-flag vessels are not available for timely shipment; (2) The freight charges are inordinately excessive or unreasonable; or (3) Freight charges are higher than charges to private persons for transportation of like goods. (d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum -- (1) Type, weight, and cube of cargo; (2) Required shipping date; (3) Special handling and discharge requirements; (4) Loading and discharge points; (5) Name of shipper and consignee; (6) Prime contract number; and (7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose. (e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information: (1) Prime contract number; CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 19 PAGES CONTINUED ON NEXT PAGE SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) (2) Name of vessel; (3) Vessel flag of registry; (4) Date of loading; (5) Port of loading; (6) Port of final discharge; (7) Description of commodity; (8) Gross weight in pounds and cubic feet if available; (9) Total ocean freight in U.S. dollars; and (10) Name of steamship company. (f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief -- (1) No ocean transportation was used in the performance of this contract; (2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; (3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or (4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format: * ITEM DESCRIPTION CONTRACT LINE ITEMS QUANTITY TOTAL (g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use. (h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall -- (1) Notify the Contracting Officer of that fact; and (2) Comply with all the terms and conditions of this clause. (i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows: (1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. (2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. (End of clause) 52.248-1 VALUE ENGINEERING (OCT 2010) FAR *** These data, furnished under the Value Engineering clause of contract , shall not be disclosed outside the Government or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Government's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations. *** (End of clause) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 19 PAGES SPE4A7-20-D-0135 SECTION I - CONTRACT CLAUSES (CONTINUED) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) FAR 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR Standard Element ZB_204_7018 has no Title 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR SECTION J - LIST OF ATTACHMENTS List of Attachments File Name Description ATTACH_CONTRACT CONTRACTSPE4A72 ATTACH_SOLICITATION SF33.pdf CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE OF PAGES CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE OF PAGES CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE OF PAGES CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE OF PAGES CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE OF PAGES CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE OF PAGES CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE OF PAGES AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 5. ISSUED BY CODE 6. ADMINISTERED BY (If other than Item 5) CODE 15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15F. AMOUNT 15E. UNIT PRICE 7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, State and ZIP Code) 8. DELIVERY FOB ORIGIN OTHER (See below) (4 copies unless otherwise specified) 11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 10 U.S.C. 2304(c) 41 U.S.C. 253(c) 14. ACCOUNTING AND APPROPRIATION DATA 16. TABLE OF CONTENTS (X) SEC. DESCRIPTION PAGE(S) PART I - THE SCHEDULE A SOLICITATION/CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES/COSTS C DESCRIPTION/SPECS./WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17. CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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. SEALED-BID AWARD (Contractor is not required to sign this document. ) Your bid 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 terms 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 bid, and (b) this award/contract. No further contractual document is necessary. (Block 18 should be checked only when awarding a sealed-bid contract.) PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. PAGE(S) PART II - CONTRACT CLAUSES (X) SEC. DESCRIPTION PART IV - REPRESENTATIONS AND INSTRUCTIONS I CONTRACT CLAUSES J LIST OF ATTACHMENTS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L INSTRS., CONDS., AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD 15G. TOTAL AMOUNT OF CONTRACT 19B. NAME OF CONTRACTOR BY AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 26 (REV. 5 /2011 ) 20B. UNITED STATES OF AMERICA BY Previous edition is usable Prescribed by GSA - FAR (48 CFR) 53.214(a) ( Signature of person authorized to sign) (Signature of Contracting Officer) 10. 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