SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-K / A-1
(Mark One)
[X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
For the fiscal year ended December 31, 1995
OR
[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
Commission File No. 0-21232
RECOVERY ENGINEERING, INC.
(Exact name of registrant as specified in its charter)
MINNESOTA 41-1557115
(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
2229 EDGEWOOD AVENUE SOUTH, MINNEAPOLIS, MN 55426
(Address of principal executive offices)
Registrant's telephone number, including area code: (612) 541-1313
Securities registered pursuant to Section 12(b) of the Act: NONE
Securities registered pursuant to Section 12(g) of the Act: COMMON STOCK, $.01
PAR VALUE
(Title of class)
Indicate by check mark whether the registrant (1) has filed all reports required
to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during
the preceding 12 months (or for such shorter period that the registrant was
required to file such reports) and (2) has been subject to such filing
requirements for the past 90 days. Yes __X__ No ____
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405
of Regulation S-K is not contained herein, and will not be contained, to the
best of registrant's knowledge, in definitive proxy or information statements
incorporated by reference in Part III of this Form 10-K or any amendment to this
Form 10-K. __X__
State the aggregate market value of the voting stock held by nonaffiliates of
the registrant. The aggregate market value shall be computed by reference to the
price at which the stock was sold, or the average bid and asked prices of such
stock, as of a specified date within 60 days prior to the date of filing. (See
definition of affiliated in Rule 405, 17 CFR 230.405)
$28,645,000 AS OF MARCH 15, 1996
Indicate the number of shares outstanding of each of the registrant's classes of
common stock, as of the latest practical date.
COMMON STOCK, $.01 PAR VALUE - 4,270,439 AS OF MARCH 15, 1996
DOCUMENTS INCORPORATED BY REFERENCE
Portions of the Annual Report to Shareholders for the year ended December 31,
1995 (the "Annual Report to Shareholders"), are incorporated by reference into
Part II. Portions of the definitive Proxy Statement for the Annual Meeting of
Shareholders to be held on April 25, 1996 (the "Proxy Statement"), and to be
filed within 120 days after the Registrant's fiscal year ended December 31,
1995, are incorporated by reference into Part III.
PART IV
ITEM 14. EXHIBITS, FINANCIAL STATEMENT SCHEDULES AND REPORTS ON FORM 8-K
(a) FINANCIAL STATEMENTS, FINANCIAL STATEMENT SCHEDULES AND EXHIBITS
3. EXHIBITS.
See Index to Exhibits on page 4 of this Report.
SIGNATURES
In accordance with Section 13 or 15(d) of the Exchange Act, the Registrant
has caused this Report to be signed on its behalf by the undersigned, thereunto
duly authorized.
Dated: December 17, 1996. RECOVERY ENGINEERING, INC.
(Registrant)
By /s/Brian F. Sullivan
------------------------------------
Brian F. Sullivan
President and Chief Executive Officer
<TABLE>
<CAPTION>
INDEX TO EXHIBITS
EXHIBIT
NO. DESCRIPTION METHOD OF FILING
- ------- ----------- ----------------
<C> <C> <C>
3.1 Articles of Incorporation of the Company, as Filed as Exhibit 3.1 to the Company's Registration
amended Statement on Form SB-2 (No. 33-57826C) which was
declared effective March 4, 1993, and incorporated
herein by reference pursuant to Rule 12b-32.
3.2 Bylaws of the Company Filed as Exhibit 3.2 to the Company's Registration
Statement on Form SB-2 (No. 33-57826C) which was
declared effective March 4, 1993, and incorporated
herein by reference pursuant to Rule 12b-32.
10.1 Lease Agreement dated December 31, 1993 Filed as Exhibit 10.1 to the Company's Annual Report
between Lemar and Recovery Engineering, Inc. on Form 10-KSB for the fiscal year ended December
31, 1993 (File No. 0-21232) and incorporated herein
by reference pursuant to Rule 12b-32.
10.1.1 First Amendment to Lease Agreement dated Filed as Exhibit 10.1.1 to the Company's Annual
December 2, 1994 between Lemar and Recovery Report on Form 10-KSB for the fiscal year ended
Engineering, Inc. December 31, 1994 (File No. 0-21232) and
incorporated herein by reference pursuant to Rule
12b-32.
10.1.2 Second Amendment to Lease Agreement dated Filed as Exhibit 10.1.2 to the Company's Annual
June 23, 1995 between Lemar and Recovery Report on Form 10-KSB for the fiscal year ended
Engineering, Inc. December 31, 1995 (File No. 0-21232) and
incorporated herein by reference pursuant to Rule
12b-32.
10.3 Form of Distributor Agreement Filed as Exhibit 10.3 to the Company's Registration
Statement on Form SB-2 (No. 33-57826C) which was
declared effective March 4, 1993, and incorporated
herein by reference pursuant to Rule 12b-32.
10.4 Sales Contract dated May 30, 1991, between Filed as Exhibit 10.4 to the Company's Registration
Dow Chemical U.S.A. and Recovery Statement on Form SB-2 (No. 33-57826C) which was
Engineering, Inc. declared effective March 4, 1993, and incorporated
herein by reference pursuant to Rule 12b-32.
10.4.1 Addendum dated September 9, 1993, to Sales Filed as Exhibit 10.4.1 to the Company's
Contract dated May 30, 1991, between Dow Registration Statement on Form SB-2 (No. 33-78292)
Chemical U.S.A. and Recovery Engineering, which was declared effective June 2, 1994, and
Inc. incorporated herein by reference pursuant to Rule
12b-32.
10.6 Recovery Engineering, Inc. 1986 Stock Option Filed as Exhibit 10.6 to the Company's Annual Report
Plan, as amended * on Form 10-KSB for the fiscal year ended December
31, 1993 (File No. 0-21232) and incorporated herein
by reference pursuant to Rule 12b-32.
10.7 Recovery Engineering, Inc. 1993 Director Filed as Exhibit 10.7 to the Company's Annual Report
Stock Option Plan * on Form 10-KSB for the fiscal year ended December
31, 1993 (File No. 0-21232) and incorporated herein
by reference pursuant to Rule 12b-32.
10.8 Recovery Engineering, Inc. 1994 Stock Filed as Exhibit 10.8 to the Company's Annual Report
Purchase Plan * on Form 10-KSB for the fiscal year ended December
31, 1993 (File No. 0-21232) and incorporated herein
by reference pursuant to Rule 12b-32.
10.9 Recovery Engineering, Inc. 1994 Stock Option Filed as Exhibit 10.9 to the Company's Annual Report
and Incentive Plan * on Form 10-KSB for the fiscal year ended December
31, 1993 (File No. 0-21232) and incorporated herein
by reference pursuant to Rule 12b-32.
10.11 Contract between Department of the Air Force Filed as Exhibit 10.11 to the Company's Registration
and Recovery Engineering, Inc. dated July Statement on Form SB-2 (No. 33-78292) which was
13, 1993 (PUR Survivor-35) declared effective June 2, 1994, and incorporated
herein by reference pursuant to Rule 12b-32.
10.12 Contract between Department of the Air Force Filed as Exhibit 10.12 to the Company's Registration
and Recovery Engineering, Inc. dated July Statement on Form SB-2 (No. 33-78292) which was
13, 1993 (PUR Survivor-06) declared effective June 2, 1994, and incorporated
herein by reference pursuant to Rule 12b-32.
10.13 Lease Agreement dated July 12, 1995 between Filed as Exhibit 10.13 to the Company's Annual
Minneapolis Industrial Properties II, Inc. Report on Form 10-K for the fiscal year ended
and Recovery Engineering, Inc. December 31, 1995 (File No.
0-21232) and incorporated herein by reference
pursuant to Rule 12b-32.
10.14 Credit Agreement dated March 7, 1996 between Filed as Exhibit 10.14 to the Company's Annual
First Bank National Association and Recovery Report on Form 10-K for the fiscal year ended
Engineering, Inc. December 31, 1995 (File No.
0-21232) and incorporated herein by reference
pursuant to Rule 12b-32.
10.15 Contract between Department of the Air Force Filed herewith.
and Recovery Engineering, Inc. dated August
1, 1995 (PUR Survivor-06) +
10.16 Contract between Department of the Air Force Filed herewith.
and Recovery Engineering, Inc. dated
September 22, 1995 (PUR Survivor-35) +
11.1 Statement re Computation of Earnings per Filed as Exhibit 11.1 to the Company's Annual Report
Share on Form 10-K for the fiscal year ended December 31,
1995 (File No.
0-21232) and incorporated herein by reference
pursuant to Rule 12b-32.
13.1 1995 Annual Report to Shareholders Filed as Exhibit 13.1 to the Company's Annual Report
on Form 10-K for the fiscal year ended December 31,
1995 (File No.
0-21232) and incorporated herein by reference
pursuant to Rule 12b-32.
21.1 Subsidiaries of the Company Filed as Exhibit 21.1 to the Company's Annual Report
on Form 10-K for the fiscal year ended December 31,
1995 (File No.
0-21232) and incorporated herein by reference
pursuant to Rule 12b-32.
23.1 Consent of Ernst & Young LLP Filed as Exhibit 23.1 to the Company's Annual Report
on Form 10-K for the fiscal year ended December 31,
1995 (File No.
0-21232) and incorporated herein by reference
pursuant to Rule 12b-32.
</TABLE>
* Management contract.
+ Confidential treatment has been requested for portions of this exhibit.
SOLICITATION/CONTRACT
BIDDER/OFFEROR TO COMPLETE BLOCKS 11,13,15,21,22, & 27
KM/CS J
1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350)
RATING DO B9
2. CONTRACT NO. F09603-95-C-0732
3. AWARD/EFFECTIVE DATE
4. SOLICITATION NUMBER F09603-94-R-0040
5. SOLICITATION TYPE ____ SEALED BIDS (IFB) ____ NEGOTIATED (RFP)
6. SOLICITATION ISSUE DATE
7. ISSUED BY: DEPARTMENT OF THE AIR FORCE
WR-ALC/LKK
460 2ND ST STE 221
ROBINS AIR FORCE BASE GA 31098-1640
BUYER: KIM MCDONALD/LKKB/912-926-0874 NO COLLECT CALLS
CODE FA8507
8. THIS ACQUISITION IS
_X_ UNRESTRICTED ___ LABOR SURPLUS AREA CONCERNS
___ SET ASIDE : % FOR ___ COMBINED SMALL BUSINESS & LABOR
SURPLUS AREA CONCERNS
___ SMALL BUSINESS ___ OTHER
SIC : SIZE STANDARD :
9. SOLICITATION: N/A
10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)
___ SUPPLIES ___ SERVICES
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN ____________ CALENDAR
DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT PERIOD) FROM THE
DATE SET FORTH IN BLK 9 ABOVE. THE CONTRACTOR AGREES TO HOLD ITS OFFERED
PRICES FIRM FOR THE ITEMS SOLICITED HEREIN AND TO ACCEPT ANY RESULTING
CONTRACT SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN.
12. ADMINISTERED BY
DCMAO TWIN CITIES
3001 METRO DR
BLOOMINGTON MN 55425-1573
PAS #: NONE SCD: B
CODE S2401A
13. CONTRACTOR OFFEROR
RECOVERY ENGINEERING INC
2229 EDGEWOOD AVE S
MINNEAPOLIS MN 55426-0000
TELEPHONE NO
___ CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
SIZE CODE: J
CODE OBJ61 FACILITY CODE ____
14. PAYMENT WILL BE MADE BY
DFAS COLUMBUS CENTER
DFAS-CO/GATEWAY DIVISION
P O BOX 182251
COLUMBUS OH 43218-2251
SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK: 14
CODE SC1028
15. PROMPT PAY DISCOUNT: NET 30 CALENDAR DAYS
16. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
___ 10 U.S.C. 2304 (C) (_____) ___ 41 U.S.C. 253 (C) (_____)
17. ITEM NO.
18. SCHEDULE OF SUPPLIES/SERVICES
SEE SCHEDULE
REMITTANCE ADDRESS
REMITTANCE ADDRESS IS SAME AS THE CONTRACTOR'S ADDRESS
CITED IN BLOCK 13
OPTION ITEMS ARE AWARDED BUT NOT EXERCISED AT THIS TIME
19. QUANTITY
20. UNIT
21. UNIT PRICE
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
SEE SECTION G
24. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)
$1,862,640.00
25. _X_ CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL
ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
26. ___ AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER SHOWN IN BLOCK
4 INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS
ACCEPTED AS TO ITEMS :
27. SIGNATURE OF OFFEROR/CONTRACTOR
NAME AND TITLE OF SIGNER (TYPE OR PRINT)
Brian F. Sullivan, President
DATE SIGNED
28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
NAME OF CONTRACTING OFFICER
Jeffrey M. Morgan
DATE SIGNED 08/01/95
PAGE 2 OF 13
CONTRACT NUMBER F09603-95-C-0732
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
- -----------------------------------------------------------------------------
ITEM SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT
- -----------------------------------------------------------------------------
B-1
0001 4610-01-313-6085 3582 EA
MANUAL REVERSE OSMOSIS DESALINATOR (MROD) IAW SECTION C
APPL: COMMON
PR NR: 2R4AMS-94-22RUT-01-02 IM CODE: T3D
PR LI: 0001/0002
FOB: ORIGIN
QTY VAR: 0% OVER 0% UNDER
ACRN: AA
PQA/INSP SITE: ORIGIN ACCEPTANCE: ORIGIN
GOVERNMENT'S REQUIRED DELIVERY SCHEDULE
QTY UNIT DELIVERY SHIP TO REQUISITION NR PRIORITY
480 EA 9 OCT 95 BELOW W58HOZ5177A151 03
480 EA 8 NOV 95
480 EA 8 DEC 95,480 EA 7 JAN 96,480 EA 6 FEB 96,480 EA 8 MAR 96,
480 EA 7 APR 96,222 EA 7 MAY 96
0002 WARRANTY 3582 EA $ -0- $ -0-
PR NR: 2R4AMS-94-22RUT-01-02
PR LI: 0003
ACRN: AA
0003 DATA IN ACCORDANCE 1 LO
WITH DD FORM 1423
ATTACHED HERETO
(A003) QUALITY
CONFORMANCE/ACCEPTANCE TESTING
FOB: DEST
QTY VAR: 0% OVER 0% UNDER
ACRN: AA
INSP SITE: IAW DD FORM 1423 ACCEPTANCE SITE: IAW DD FORM 1423
$_____-0-________ PER LO
NOTE: NO HARDWARE WILL BE ACCEPTED WITHOUT APPROVED MANUALS.
0004 COMMERCIAL DATA/
TECHNICAL MANUALS
IAW TM 86-01 AND
DD FORM 1423 ATTACHED
QTY VAR: 0% OVER 0% UNDER
PR LI: 0002
0004AA DATA (ELIN B001) 2 SE
REVIEW COPIES
FOB: DESTINATION
ACRN: AA
$_____-0-________ PER SET
0004AB DATA (ELIN B002) 1 SE
APPROVED COMMERCIAL
MANUAL
FOB: DESTINATION
ACRN: AA
$_____-0-________ PER SET
PAGE 3 OF 13
CONTRACT NUMBER F09603-95-C-0732
0004AC DATA (ELIN B003) 1 SE
REPRODUCTION MEDIA
FOB: DESTINATION
ACRN: AA
$_____-0-________ PER SET
OPTIONS
B-2 FIRST OPTION PERIOD (THE 365 DAY PERIOD IMMEDIATELY FOLLOWING THE EFFECTIVE
DATE OF THE BASIC CONTRACT).
THE GOVERNMENT MAY INCREASE THE QUANTITY OF SUPPLIES BY REQUIRING DELIVERY OF
OPTION LINE ITEMS IN ANY QUANTITY FROM 1 THROUGH THE MAXIMUM STATED IN THE
SCHEDULE. THIS MAY BE DONE FROM TIME TO TIME WITHIN 365 DAYS AFTER CONTRACT
AWARD.
1001 SAME AS 0001 1 - 1800 EA [Confidential Treatment]
FOB: ORIGIN
PQA/INSP SITE: ORIGIN
ACCEPTANCE: ORIGIN
GOVERNMENT'S REQUIRED DELIVERY SCHEDULE
QTY UNIT DELIVERY SHIP TO REQUISITION NR PRIORITY
1-320 EA EVERY 30 DAYS BELOW NON-MILSTRIP N/A
BEGINNING 60
DAYS *
*AFTER EXERCISE OF OPTION.
1002 WARRANTY 1 - 1800 EA $ -0-
B-3 SECOND OPTION PERIOD (THE 365 DAY PERIOD IMMEDIATELY FOLLOWING THE FIRST
OPTION PERIOD).
THE GOVERNMENT MAY INCREASE THE QUANTITY OF SUPPLIES BY REQUIRING DELIVERY OF
OPTION LINE ITEMS IN ANY QUANTITY FROM 1 THROUGH THE MAXIMUM STATED IN THE
SCHEDULE. THIS MAY BE DONE FROM TIME TO TIME WITHIN 365 DAYS AFTER THE END OF
THE FIRST OPTION PERIOD.
2001 SAME AS 0001 1 - 1800 EA [Confidential Treatment]
FOB: ORIGIN
PQA/INSP SITE: ORIGIN
ACCEPTANCE: ORIGIN
GOVERNMENT'S REQUIRED DELIVERY SCHEDULE
QTY UNIT DELIVERY SHIP TO REQUISITION NR PRIORITY
1-320 EA EVERY 30 DAYS BELOW NON-MILSTRIP N/A
BEGINNING 60
DAYS*
*AFTER EXERCISE OF OPTION.
2002 WARRANTY 1 - 1800 EA $ -0-
B-4 THIRD OPTION PERIOD (THE 365 DAY PERIOD IMMEDIATELY FOLLOWING THE SECOND
OPTION PERIOD).
THE GOVERNMENT MAY INCREASE THE QUANTITY OF SUPPLIES BY REQUIRING DELIVERY OF
OPTION LINE ITEMS IN ANY QUANTITY FROM 1 THROUGH THE MAXIMUM STATED IN THE
SCHEDULE. THIS MAY BE DONE FROM TIME TO TIME WITHIN 365 DAYS AFTER THE END OF
THE SECOND OPTION PERIOD.
3001 SAME AS 0001 1 - 1800 EA [Confidential Treatment]
FOB: ORIGIN
PQA/INSP SITE: ORIGIN ACCEPTANCE: ORIGIN
PAGE 4 OF 13
CONTRACT NUMBER F09603-95-C-0732
GOVERNMENT'S REQUIRED DELIVERY SCHEDULE
QTY UNIT DELIVERY SHIP TO REQUISITION NR PRIORITY
1-320 EA EVERY 30 DAYS BELOW NON-MILSTRIP N/A
BEGINNING 60
DAYS*
*AFTER EXERCISE OF OPTION.
3002 WARRANTY 1 - 1800 EA $ -0-
SHIP TO/MARK FOR:
BRX ACCT (AMSS) CODE: W8007A
RED RIVER ARMY DEPOT
TEXARKANA TX 75507-5000
Contract: (See Face Sheet of Award)
REQUISITION NR: (See Each Item in Schedule)
B-1. CLAUSES AND PROVISIONS
(a) Clause and provisions from the Federal Acquisition Regulation
(FAR) and supplements thereto are incorporated in this document by
reference and in full text. Those incorporated by reference have the
same force and effect as if they were given in full text.
(b) Clauses and provisions in this document will be numbered in
sequence, but will not necessarily appear in consecutive order.
(c) By signature on this contractual document, Contractor certifies
that their Section K, Representations and Certifications previously
submitted or returned herewith are current and applicable. They are
hereby incorporated by reference.
PART I - THE SCHEDULE
SECTION C
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C-1. SPECIFICATIONS, STANDARDS AND DRAWINGS
(IAW FAR 10.008)
Specifications, standards or drawings (as applicable) are
furnished/listed below:
ITEM NR SPECIFICATIONS, STANDARDS AND/OR ATTACHMENTS
ALL ITEMS PURCHASE DESCRIPTION PD94KJE40 DATED 95 MAR 13;
AFMC FORM 762 DATED 95 MAR 13
PART I - THE SCHEDULE
SECTION D
PACKAGING AND MARKING
D-1. PRESERVATION, PACKAGING, PACKING REQUIREMENTS
(IAW FAR 10.004(e), 14.201-2(d), and 15.406-2(d))
If AFMC Form 158 is attached hereto all items shall be preserved,
packaged and packed in accordance with said AFMC Form 158.
D-2. MARKING OF SHIPMENTS
(IAW FAR 10.004(e), 14.201-2(d), and 15.406-2(d)) The
Contractor shall mark all shipments under this contract in accordance
with Section B and the current edition of MIL-STD-129, (and/or 130 if
applicable) "Marking for Shipment and Storage." AFLC Form 53, if
attached, is applicable.
NOTE: SHELF LIFE IS 60 MONTHS.
PAGE 5 OF 13
CONTRACT NUMBER F09603-95-C-0732
PART I - THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
E-460. 5352.246-9000 MATERIAL INSPECTION AND RECEIVING REPORT JAN 1993
(IAW AFMCFARS 5346.370(90))
(a) As specified by DFARS, Appendix F, Table 2, a copy of DD Forms 250
shall be forwarded to the following address:
(1) Forward the purchasing office copy to:
WR-ALC/LKKB, 460 2ND ST, STE 221, ROBINS AFB GA 31098-1640
(2) For shipments involving Military Assistance Program (MAP),
Grant Aid (GA) and Foreign Military Sales (FMS) requirements, an
additional copy shall be sent under separate cover to:
DAO-DE ROBINS/FSB, 236 Milledgeville St, STE F26, Robins
AFB GA 31098-1616
(3) Additional distribution of DD Forms 250 is to be made to the
following address (es).
WR-ALC/LKJMD, 460 SECOND ST STE 221, ROBINS AFB GA
31098-1640 WR-ALC/LKJE, 460 SECOND ST STE 221, ROBINS AFB
GA 31098-1640 ARM PROJECT MANAGER (PM) AVIATION LIFE
SUPPORT EQUIPMENT (ALSE), ATTN: SFAE-AV-LSE, 4300 GOOD
FELLOW BLVD, ST LOUIS MO 63120-1798
(b) These special instructions shall be included in any subcontract
hereunder where the items purchased from the subcontractor are to be
shipped directly to the U.S. Government or to a foreign destination.
(c) If delivery of MAP, GA, or FMS items to foreign destinations is
required, the copies of DD Forms 250 required by DFARS, Appendix F,
Table 2, shall be forwarded to the "ship to" address designated in the
contract.
E-505C. INSPECTION AND ACCEPTANCE AUG 1992
(IAW FAR 46.401(b) and 46.503)
Procurement Quality Assurance (POA)/Inspection will be at RECOVERY
ENGINEERING, INC. 2229 EDGEWOOD AVE S. MINNEAPOLIS, MN 55426 and when
applicable, final inspection and acceptance will be at RECOVERY
ENGINEERING, INC. 2229 EDGEWOOD AVE S., MINNEAPOLIS, MN 55426.
(WR-ALC)
PART I - THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
F-23. 52.212-9 VARIATION IN QUANTITY APR 1984
(IAW FAR 12.403(a))
See schedule for percentage of increase or decrease.
F-24. 52.212-10 DELIVERY OF EXCESS QUANTITIES SEP 1989
(IAW FAR 12.403(b))
F-26. 52.212-13 STOP-WORK ORDER AUG 1989
(IAW FAR 12.505(b)(1))
F-30. 52.247-29 F.O.B. ORIGIN JUN 1988
(IAW FAR 47.303-1(c))
F-35C. F.O.B. ORIGIN
(IAW FAR 47.305(b))
Any supply item applicable to this document shall be delivered:
F.O.B. carrier's equipment at the plant or plants at 2229 EDGEWOOD
AVE S., MINNEAPOLIS MN 55426.
FOR SHIP TO AND DELIVERY (IF APPLICABLE): SEE SECTION B
F-36. 52.247-34 F.O.B. DESTINATION NOV 1991
(IAW FAR 47.303-6(c))
PAGE 6 OF 13
CONTRACT NUMBER F09603-95-C-0732
F-70. 52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR APR 1984
SHIPMENTS
(IAW FAR 47.305-15(a)(2))
F-71. 52.247-59 F.O.B. ORIGIN-CARLOAD AND TRUCKLOAD SHIPMENTS APR 1984
(IAW FAR 47.305-16(a))
F-74. 52.247-61 F.O.B. ORIGIN-MINIMUM SIZE OF SHIPMENTS APR 1984
(IAW FAR 47.305-16(c))
F-500. 5352.204-9504 NOTIFICATION REGARDING ADMINISTRATIVE PROBLEMS JUL 1992
(IAW WR-ALC FAR SUP 5304.103-95)
If at any time during the performance of this contract administrative
problems should arise which will have an adverse impact on timely
performance by the Contractor or affect the contract price, the
Contractor is required to immediately notify WR-ALC/LKKB, ROBINS AFB GA
31098-1640 and the cognizant administrative contracting officer (ACO).
PART I - THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
G-1. ACCOUNTING AND APPROPRIATION DATA
AA:21 42031 45E5E03 P1430AW401031 BWL4 31EA S23204 W58HOZ
G-400. 5352.212-9000 CONTRACTOR REPORTING REQUIREMENTS JUL 1992
(IAW AFMCFARS 5312.304(90))
Any report required by 15 CFR 700, Subpart D, Section 700.13(d) of the
Defense Priorities and Allocation System regulation relating to an
actual or anticipated delayed shipment, reason for delay, and/or new
projected shipment date is to be sent concurrently by the Contractor to
both the Procuring Contracting Officer (PCO) and the Administrative
Contracting Officer (ACO) within the specified ten (10) calendar days.
PART I - THE SCHEDULE
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H-305. 5352.210-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING OCT 1994
SUBSTANCES (ODS) IN AIR FORCE PROCUREMENTS
(IAW AFFARS 5310.9006(a))
(a) It is the Air Force policy to preserve mission readiness while
minimizing dependency on Class I Ozone Depleting Substances (ODS), and
their release into the environment, to help protect the Earth's
stratospheric ozone layer.
(b) Unless a specific waiver has been approved, Air Force
procurements:
(1) May not include any specification, standard, drawing or other
document that requires the use of a Class I ODS in the design,
manufacture, test, operation, or maintenance of any system,
subsystem, item, component or process; and
(2) May not include any specification, standard, drawing or other
document that establishes a requirement that can only be met by
use of a Class I ODS:
(c) For the purposes of Air Force policy, the following are Class I
ODS:
(1) Halons: 1011, 1202, 1211, 1301 and 2402
(2) Chlorofluorocarbons: (CFCs); CFC-11, CFC-12, CFC-13, CFC-111,
CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213,
CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500,
R-501, R-502, and R-503.
(3) Other Controlled Substances: Carbon Tetrachloride, Methyl
Chloroform, and Methyl Bromide.
PAGE 7 OF 13
CONTRACT NUMBER F09603-95-C-0732
(d) The Air Force has reviewed the requirements specified in this
contract to reflect this policy. Where considered essential, specific
approval has been obtained to require use of the following substances:
Substance Application/Use Quantity (lbs)
NONE
(e) To assist the Air Force in implementing this policy, the
offeror/contractor is encouraged, but not required, to notify the
contracting officer if any Class I ODS not specifically listed above,
is required in the performance of this contract.
PART II - CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE JUN 1988
(IAW FAR 52.107(b))
This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available.
NO FAR PARA CLAUSE TITLE DATE
I-18. 52.203-1 OFFICIALS NOT TO BENEFIT APR 1984
(IAW FAR 3.102-2)
I-19. 52.203-3 GRATUITIES APR 1984
(IAW FAR 3.202)
I-20. 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984
(IAW FAR 3.404(c))
I-21. 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE JUL 1985
GOVERNMENT
(IAW FAR 3.503-2)
I-22. 52.203-7 ANTI-KICKBACK PROCEDURES OCT 1988
(IAW FAR 3.502-3)
I-24. 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT NOV 1990
INTEGRITY--MODIFICATION
(IAW FAR 3.104-10(b))
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set
forth in paragraph (c) of this clause when requested by the Contracting
Officer in connection with the execution of any modification of this
contract.
(c) Certification. As required in paragraph (b) of this clause, the
officer or employee responsible for the modification proposal shall
execute the following certification:
CERTIFICATE OF PROCUREMENT
INTEGRITY--MODIFICATION (NOV 1990)
(1) I, __________________________________ [Name of certifier
am the officer or employee responsible for the preparation of
this modification proposal and hereby certify that, to the
best of my knowledge and belief, with the exception of any
information described in this certification, I have no
information concerning a violation or possible violation of
subsection 27(a), (b), (d), or (f) of the Office of Federal
Procurement Policy Act, as amended* (41 U.S.C. 423),
(hereinafter referred to as "the Act"), as implemented in the
FAR, occurring during the conduct of this procurement
(contract and modification number). (2) As required by
subsection 27(e)(1)(B) of the Act, I further certify that to
the best of my knowledge and belief, each officer, employee,
agent, representative, and consultant of
_________________________________ [Name of Offeror] who has
participated personally and substantially in the preparation
or submission of this proposal has certified that he or she is
familiar with, and will comply with, the requirements of
subsection 27(a) of the Act, as implemented in the FAR, and
will report immediately to me any information concerning a
violation or possible violation of subsections 27(a), (b), (d)
or (f) of the Act, as implemented in the FAR, pertaining to
this procurement.
PAGE 8 OF 13
CONTRACT NUMBER F09603-95-C-0732
(3) Violations or possible violations: (Continue on plain bond
paper if necessary and label Certificate of Procurement
Integrity--Modification (Continuation Sheet), ENTER "NONE" IF
NONE EXISTS) _________________________________________________
______________________________________________________________
______________________________________________________________
[Signature of the officer or employee responsible for the
modification proposal and date]
______________________________________________________________
[Typed name of the officer or employee responsible for the
modification proposal]
______________________________________________________________
*Subsections 27(a), (b), and (d) are effective on December 1,
1990. Subsection 27(f) is effective on June 1, 1991. THIS
CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN
AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE,
FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER
SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE,
SECTION 1001.
(End of certification)
(d) In making the certification in paragraph (2) of the certificate,
the officer or employee of the competing Contractor responsible for the
offer or bid, may rely upon a one-time certification from each
individual required to submit a certification to the competing
Contractor, supplemented by periodic training. These certifications
shall be obtained at the earliest possible date after an individual
required to certify begins employment or association with the
contractor. If a contractor decides to rely on a certification executed
prior to the suspension of section 27 (i.e., prior to December 1,
1989), the Contractor shall ensure that an individual who has so
certified is notified that section 27 has been reinstated. These
certifications shall be maintained by the Contractor for a period of 6
years from the date a certifying employee's employment with the company
ends or, for an agency, representative, or consultant, 6 years from the
date such individual ceases to act on behalf of the contractor.
(e) The certification required by paragraph (c) of this clause is a
material representation of fact upon which reliance will be placed in
executing this modification.
I-25. 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER SEP 1990
ACTIVITY
(IAW FAR 3.104-10(c))
I-25C. 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN JAN 1990
FEDERAL TRANSACTIONS
(IAW FAR 3.808(b))
I-78. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN NOV 1992
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT
(IAW FAR 9.409(b))
I-102. 52.212-8 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS SEP 1990
(IAW FAR 12.304(b))
I-127. 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL FEB 1993
(IAW FAR 15.106-1(b))
I-144. 52.215-33 ORDER OF PRECEDENCE JAN 1986
(IAW FAR 15.406-3(b))
I-193. 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY MAR 1989
PRICED LINE ITEM
(IAW FAR 17.208(e))
For the purposes of this clause the blank(s) are completed as follows:
within OPTION I 365 DAYS AFTER EFFECTIVE DATE OF BASIC CONTRACT
within OPTION II 365 DAYS AFTER END OF THE FIRST OPTION PERIOD
within OPTION III 365 DAYS AFTER END OF THE SECOND OPTION
CONTRACT.
I-214. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND FEB 1990
SMALL DISADVANTAGED BUSINESS CONCERNS
(IAW FAR 19.708(a))
I-220. 52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES AUG 1986
(IAW FAR 19.902)
I-228. 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS APR 1984
(IAW FAR 20.302(a))
I-229. 52.220-4 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM APR 1984
(IAW FAR 20.302(b))
PAGE 9 OF 13
CONTRACT NUMBER F09603-95-C-0732
I-245. 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES APR 1984
(IAW FAR 22.101-1(e), and 22.103-5(a))
I-263. 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT APR 1984
(IAW FAR 22.610(b))
I-264. 52.222-26 EQUAL OPPORTUNITY APR 1984
(IAW FAR 22.810(e))
I-267. 52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE APR 1984
OF SUBCONTRACTS
(IAW FAR 22.810(g))
I-274. 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND APR 1984
VIETNAM ERA VETERANS
(IAW FAR 22.1308(a)(1), and DFARS 222.1308(a)(1))
I-276. 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS APR 1984
(IAW FAR 22.1408(a))
I-278. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS JAN 1988
AND VETERANS OF THE VIETNAM ERA
(IAW FAR 22.1308(b))
I-292. 52.223-2 CLEAN AIR AND WATER APR 1984
(IAW FAR 23.105(b))
I-295. 52.223-6 DRUG-FREE WORKPLACE JUL 1990
(IAW FAR 23.505(b))
I-311. 52.225-10 DUTY-FREE ENTRY APR 1984
(IAW FAR 25.605(a))
For the purposes of this clause the blank(s) are completed as follows:
(f)(3) The notation "UNITED STATES GOVERNMENT, DEPARTMENT OF
DEFENSE, Duty-free entry to be claimed pursuant to Schedule 8,
Part 3, Item No. 832.00 Tariff Schedules of the United States (19
U.S.C. 1202). Upon arrival of shipment at port of entry, District
Director of Customs, please release shipment under 19 CFR 142 and
notify the appropriate contract administration office for
execution of Customs Forms 7501 and 7501-A and any required
duty-free entry certificates."
I-352. 52.229-3 FEDERAL, STATE, AND LOCAL TAXES JAN 1991
(IAW FAR 29.401-3)
I-403. 52.232-17 INTEREST JAN 1991
(IAW FAR 32.617(a), and 32.617(b))
I-409. 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
(IAW FAR 32.806(a)(1))
I-410. 52.232-23 ALTERNATE I APR 1984
(IAW FAR 32.806(a)(2))
I-416. 52.232-28 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS APR 1989
(IAW FAR 32.908(d))
I-417. 52.233-1 DISPUTES MAR 1994
(IAW FAR 33.215)
I-538. 52.242-10 F.O.B. ORIGIN--GOVERNMENT BILLS OF LADING OR APR 1984
PREPAID POSTAGE
(IAW FAR 42.1404-2(a))
I-541. 52.242-13 BANKRUPTCY APR 1991
(IAW FAR 42.903)
I-546. 52.243-1 CHANGES--FIXED-PRICE AUG 1987
(IAW FAR 43.205(a)(1))
I-614. 52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE APR 1984
(IAW FAR 46.710(b)(1))
For the purposes of this clause the blank(s) are completed as follows:
(b)(1) 365 DAYS AFTER DELIVERY
(c)(3) 30 DAYS AFTER DISCOVERY OF THE DEFECT
30 DAYS AFTER NOTIFICATION
30 DAYS
(c)(4) 30 DAYS
30 DAYS
I-615. 52.246-18 ALTERNATE I APR 1984
(IAW FAR 46.710(b)(2))
I-636. 52.247-1 COMMERCIAL BILL OF LADING NOTATIONS APR 1984
(IAW FAR 47.104-4(a))
PAGE 10 OF 13
CONTRACT NUMBER F09603-95-C-0732
I-732. 52.252-4 ALTERATIONS IN CONTRACT APR 1984
(IAW FAR 52.107(d))
Portions of this contract are altered as follows:
PARAGRAPH (b) (1), IN CLAUSE 1-615 IS HEREBY REPLACED WITH THE
FOLLOWING: NOTWITHSTANDING INSPECTION AND ACCEPTANCE BY THE GOVERNMENT
OF SUPPLIES FURNISHED UNDER THIS CONTRACT, OR ANY CONDITIONS OF THIS
CONTRACT CONCERNING THE CONCLUSIVENESS THEREOF, THE CONTRACTOR
WARRANTS THAT FOR 365 DAYS AFTER DELIVERY, ALL SUPPLIES FURNISHED
UNDER THIS CONTRACT WILL BE FREE FROM DEFECTS IN DESIGN MATERIAL AND
WORKMANSHIP AND, THAT AT TIME OF DELIVERY ALL SUPPLIES. NOTE THAT
SUBPARAGRAPHS (b) (1)(i), (ii), (iii), (iv) AND (v) UNDER CLAUSE I-615
REMAIN AS STATED IN CLAUSE I-615
I-733. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES APR 1984
(IAW FAR 52.107(f))
(a) The use in this solicitation or contract of any Federal
Acquisition Regulation (48 CFR Chapter 1) clause with an authorized
deviation is indicated by the addition of "(DEVIATION)" after the date
of the clause.
(b) The use in this solicitation or contract of any Defense Federal
Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an
authorized deviation is indicated by the addition of "(DEVIATION)"
after the name of the regulation.
<TABLE>
<CAPTION>
<S> <C> <C> <C>
IA-20. 252.203-7000 STATUTORY PROHIBITION ON COMPENSATION TO FORMER DEC 1991
DEPARTMENT OF DEFENSE EMPLOYEES
(IAW DFARS 203.170-4)
IA-22. 252.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT APR 1993
(IAW DFARS 203.570-5)
IA-40. 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT DEC 1991
HOLDERS
(IAW DFARS 205.470-2)
IA-105. 252.211-7000 TERMINATION--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(20))
IA-106. 252.211-7001 INVOICE AND PROMPT PAYMENT--COMMERCIAL ITEMS MAY 1991
(IAW DFARS at 211.7005(a)(21))
IA-107. 252.211-7002 CHANGES--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(22))
IA-108. 252.211-7003 PATENT AND COPYRIGHT INDEMNIFICATION--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(23))
IA-109. 252.211-7004 INSPECTION AND ACCEPTANCE--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(24))
IA-111. 252.211-7006 TITLE AND RISK OF LOSS--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(26))
IA-112. 252.211-7010 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-- MAY 1991
CONTRACT MODIFICATIONS--COMMERCIAL ITEMS
(IAW DFARS 211.7005(a)(27))
IA-113. 252.211-7011 AUDIT OF CONTRACT MODIFICATIONS--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(28))
IA-114. 252.211-7015 TECHNICAL DATA AND COMPUTER SOFTWARE--COMMERCIAL MAY 1991
ITEMS
(IAW DFARS 211.7005(a)(29))
IA-115. 252.211-7016 TECHNICAL DATA AND COMPUTER SOFTWARE--WITHHOLDING MAY 1991
OF PAYMENT--COMMERCIAL ITEMS
(IAW DFARS 211.7004-1(h)(4))
For the purposes of this clause the blank(s) are completed as follows:
(c) 10%
IA-116. 252.211-7017 CERTIFICATION OF TECHNICAL DATA AND COMPUTER MAY 1991
SOFTWARE CONFORMITY--COMMERCIAL ITEMS
(IAW DFARS 211.7004-1(h)(4))
</TABLE>
(b) All technical data and computer software delivered under this
contract shall be accompanied by the following written certification:
The contractor, __________________________, hereby certifies
that, to the best of its knowledge and belief, the technical data
or computer software delivered herewith under contract number
_____________________________ are complete, accurate, and comply
with all requirements of the contract.
Date: _______________________
Name and Title of
Certifying Official: _______________________
IA-117. 252.211-7021 CLAUSES TO BE INCLUDED IN CONTRACTS WITH MAY 1991
SUBCONTRACTORS AND SUPPLIERS--COMMERCIAL ITEMS
(IAW DFARS 211.7005(a)(30))
PAGE 11 OF 13
CONTRACT NUMBER F09603-95-C-0732
IA-152. 252.215-7000 PRICING ADJUSTMENTS DEC 1991
(IAW DFARS 215.804-8(1))
<TABLE>
<CAPTION>
<S> <C> <C> <C>
IA-230. 252.219-7006 NOTICE OF EVALUATION PREFERENCE FOR SMALL MAY 1994
DISADVANTAGED BUSINESS CONCERNS
(IAW DFARS 219.7003)
For the purposes of this clause, the offeror will complete the
following, if applicable:
[X ] Offeror elects to waive the preference
IA-287. 252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS JAN 1994
PROGRAM
(IAW DFARS 225.109(d))
IA-288. 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS DEC 1991
(IAW DFARS 225.109-70(a))
IA-293. 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES MAY 1994
(IAW DFARS 225.7002-4(a))
IA-295. 252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS DEC 1991
(IAW DFARS 225.7002-4(c))
IA-312D. 252.225-7027 LIMITATION ON SALES COMMISSIONS AND FEES DEC 1991
(IAW DFARS 225.7308(a))
For the purposes of this clause the blank(s) are completed as
follows: AUSTRALIA, TAIWAN, EGYPT, GREECE, ISRAEL, JAPAN, JORDAN,
REPUBLIC OF KOREA, KUWAIT, PAKISTAN, PHILIPPINES, SAUDI ARABIA,
TURKEY, THAILAND, OR VENEZUELA (AIR FORCE).
IA-425. 252.233-7000 CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT MAY 1994
OR RELIEF
(IAW DFARS 233.7001)
IA-648. 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC 1991
(IAW DFARS 243.205-71)
IA-679. 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT DEC 1991
(IAW DFARS 246.370(a))
IA-745. 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA DEC 1991
(IAW DFARS 247.573(b)
</TABLE>
(a) Definitions.
As used in this clause--
(1) "Components" means articles, materials, and supplies
incorporated directly into and products at any level of
manufacture, fabrication, or assembly by the Contractor or any
subcontractor.
(2) "Department of Defense" (DoD) means the Army,
Navy, Air Force, Marine Corps, and defense agencies.
(3) "Foreign flag vessel" means any vessel that is not a
U.S.-flag vessel.
(4) "Ocean transportation" means any transportation aboard a
ship, vessel, boat, barge, or ferry through international
Waters.
(5) "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.
(6) "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.
(7) "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.
PAGE 12 OF 13
CONTRACT NUMBER F09603-95-C-0732
(b) The Contractor shall employ U.S.-flag vessels in the
transportation by sea of any supplies to be furnished in the
performance of this contract. 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.
(c) The Contractor must submit any request for use of other than
U.S.-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.
(d) The Contractor shall, within 30 days after each shipment covered
by this clause, provide the Contracting Officer and the Division of
National Cargo Office of Market Development, Maritime Administration,
U.S. Department of Transportation, 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;
(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 the steamship company.
(e) The Contractor agrees to 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 non-U.S.-flag
ocean transportation; or
(4) Ocean transportation was used and some or all of the
shipments were made on non-U.S.-flag vessels without the written
consent of the Contracting Officer. The Contractor shall
describe these shipments in the following format:
ITEM CONTRACT
DESCRIPTION LINE ITEMS QUANTITY
TOTAL
(f) If 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
non-U.S.-flag vessels in the performance of this contract, the
Contracting Officer is entitled to equitably adjust the contract,
based on the unauthorized use.
(g) The Contractor shall include this clause, including this paragraph
(g) in all subcontracts under this contract, which exceed the small
purchase limitation of section 13.000 of the Federal Acquisition
Regulation.
PAGE 13 OF 13
CONTRACT NUMBER F09603-95-C-0732
IA-746. 252.247-7024 NOTIFICATION OF TRANSPORTATION OF
SUPPLIES BY SEA DEC 1991
(IAW DFARS 247.573(c))
(a) The Contractor has indicated by the response to the solicitation
provision, Representation of Extent of Transportation by Sea, that it
did not anticipate transporting by sea any supplies. If, however,
after the award of this contract, the Contractor learns that supplies,
as defined in the Transportation of Supplies by Sea clause of this
contract, will be transported by sea, the Contractor--
(1) Shall notify the Contracting Officer of that fact; and (2)
Hereby agrees to comply with all the terms and conditions of the
Transportation of Supplies by Sea clause of this contract.
(b) The Contractor shall include this clause, including this paragraph
(b), revised as necessary to reflect the relationship of the
contracting parties, in all subcontracts hereunder.
IA-764. 252.249-7001 NOTIFICATION OF SUBSTANTIAL IMPACT ON
EMPLOYMENT DEC 1991
(IAW DFARS 249.7002(c))
(This clause is applicable to all contracts of $5 million or more and
all contracts with subcontracts of $500,000 or more.)
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J
LIST OF ATTACHMENTS
(All listed attachments are at the end of this document)
NR
FORM NR TITLE DATE OF PAGES
Any attachment(s) hereto which pertain to item(s) not being awarded
will be removed and will not be reproduced in the resultant award.
(IAW WR-ALC FAR SUP 14.201-6(95))
PURCHASE DESCRIPTION 95 MAR 13 7
PD94KJE40
AFMC Form 158 Preservation, Packaging and 94 AUG 29 2
Packing Requirements
AFMC FORM 762 Engineering Data List 95 MAR 13 1
DD Form 1423-1 Exhibit "A", Contract Data 94 SEP 01 1
Requirements List with
Instructions for completing
DD Form 1423
DD Form 1423 Exhibit "B", Contract Data 94 SEP 01 3
Requirements List
TM86-01D TECHNICAL MANUAL 94 AUG 31 35
CONTRACT REQUIREMENTS
PAGE 1 OF 18
SOLICITATION/CONTRACT
BIDDER/OFFEROR TO COMPLETE BLOCKS 11,13,15,21,22, & 27
KM/PC J
1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350)
RATING DO B9
2. CONTRACT NO. F09603-95-C-0928
3. AWARD/EFFECTIVE DATE: 22 SEP 1995
4. SOLICITATION NUMBER F09603-95-R-42210
5. SOLICITATION TYPE ____ SEALED BIDS (IFB) ____ NEGOTIATED (RFP)
6. SOLICITATION ISSUE DATE
7. ISSUED BY: DEPARTMENT OF THE AIR FORCE
WR-ALC/LKK
460 2ND ST STE 221
ROBINS AIR FORCE BASE GA 31098-1640
BUYER: KIM MCDONALD/LKKB/912-926-0874 NO COLLECT CALLS
CODE FA8507
8. THIS ACQUISITION IS
_X_ UNRESTRICTED ___ LABOR SURPLUS AREA CONCERNS
___ SET ASIDE : % FOR ___ COMBINED SMALL BUSINESS &
LABOR SURPLUS AREA CONCERNS
___ SMALL BUSINESS ___ OTHER
SIC : SIZE STANDARD :
9. SOLICITATION: N/A
10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)
___ SUPPLIES ___ SERVICES
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN ____________ CALENDAR DAYS (60
CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH
IN BLK 9 ABOVE. THE CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE
ITEMS SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS
AND CONDITIONS STATED HEREIN.
12. ADMINISTERED BY
DCMAO TWIN CITIES
3001 METRO DR
BLOOMINGTON MN 55425-1573
PAS #: NONE SCD: C
CODE S2401A
13. CONTRACTOR OFFEROR
RECOVERY ENGINEERING INC
2229 EDGEWOOD AVE S
MINNEAPOLIS MN 55426-0000
TELEPHONE NO
___ CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
SIZE CODE: J
CODE OBJ61 FACILITY CODE ____
14. PAYMENT WILL BE MADE BY
DFAS COLUMBUS CENTER
DFAS-CO/GATEWAY DIVISION
P O BOX 182251
COLUMBUS OH 43218-2251
SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK: 14
CODE SC1028
15. PROMPT PAY DISCOUNT: NET 30 CALENDAR DAYS
16. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
___ 10 U.S.C. 2304 (C) (_____) ___ 41 U.S.C. 253 (C) (_____)
17. ITEM NO.
18. SCHEDULE OF SUPPLIES/SERVICES
SEE SCHEDULE
REMITTANCE ADDRESS:
REMITTANCE ADDRESS IS SAME AS THE CONTRACTOR'S ADDRESS CITED
IN BLOCK 13
ACCELERATED/CONSOLIDATED DELIVERIES ARE ACCEPTABLE.
19. QUANTITY
20. UNIT
21. UNIT PRICE
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
SEE SECTION G
24. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)
$2,311,860.00
25. _X_ CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 5 COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR
OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT TO THE TERMS
AND CONDITIONS SPECIFIED HEREIN.
26. ___ AWARD OF CONTRACT : YOUR OFFER ON SOLICITATION NUMBER SHOWN IN BLOCK 4
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO
ITEMS :
27. SIGNATURE OF OFFEROR/CONTRACTOR
/s/ BRIAN F. SULLIVAN / Recovery Engineering, Inc.
NAME AND TITLE OF SIGNER (TYPE OR PRINT)
Brian Sullivan, President
DATE SIGNED 09/21/95
28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
/s/ JEFFREY M. MORGAN
NAME OF CONTRACTING OFFICER
Jeffrey M. Morgan
DATE SIGNED 09/22/95
PAGE 2 OF 18
CONTRACT NUMBER F09603-95-C-0928
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
- --------------------------------------------------------------------------------
ITEM SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT
- --------------------------------------------------------------------------------
0001 4610-01-313-6086 xx xx xxxx xxxx
MANUAL REVERSE OSMOSIS
DESALINATOR (MROD)
IAW SECTION C
APPL: COMMON
PR NR: FD2060-95-42210, N00019-95-MP-AH05P IM CODE: T3D
PR L/I: 0001 (BOTH PR'S)
0001AA SAME AS ITEM 0001 2300 EA [Confidential Treatment]
FOB: ORIGIN
QTY VAR: OVER 0% UNDER 0%
ACRN: AA
PQA/INSP SITE: ORIGIN ACCEPTANCE SITE: ORIGIN
GOVERNMENT'S REQUIRED DELIVERY SCHEDULE
QTY UNIT ON OR BEFORE SHIP TO REQUISITION NR PRIORITY
160 EA 15 DEC 95 BELOW NON-MILSTRIP N/A
160 EA 15 JAN 96 BELOW NON-MILSTRIP N/A
160 EA 15 FEB 96 BELOW NON-MILSTRIP N/A
160 EA 15 MAR 96 BELOW NON-MILSTRIP N/A
160 EA 15 APR 96 BELOW NON-MILSTRIP N/A
160 EA 15 MAY 96 BELOW NON-MILSTRIP N/A
160 EA 15 JUN 96 BELOW NON-MILSTRIP N/A
160 EA 15 JUL 96 BELOW NON-MILSTRIP N/A
160 EA 15 AUG 96 BELOW NON-MILSTRIP N/A
160 EA 15 SEP 96 BELOW NON-MILSTRIP N/A
160 EA 15 OCT 96 BELOW NON-MILSTRIP N/A
160 EA 15 NOV 96 BELOW NON-MILSTRIP N/A
160 EA 15 DEC 96 BELOW NON-MILSTRIP N/A
160 EA 15 JAN 97 BELOW NON-MILSTRIP N/A
60 EA 15 FEB 97 BELOW NON-MILSTRIP N/A
0001AB SAME AS ITEM 0001 572 EA [Confidential Treatment]
FOB: ORIGIN
QTY VAR: OVER 0% UNDER 0%
ACRN: AB
PQA/INSP SITE: ORIGIN ACCEPTANCE SITE: ORIGIN
GOVERNMENT'S REQUIRED DELIVERY SCHEDULE
QTY UNIT ON OR BEFORE SHIP TO REQUISITION NR PRIORITY
160 EA 15 DEC 95 BELOW NON-MILSTRIP N/A
160 EA 15 JAN 96 BELOW NON-MILSTRIP N/A
160 EA 15 FEB 96 BELOW NON-MILSTRIP N/A
92 EA 15 MAR 96 BELOW NON-MILSTRIP N/A
0002 WARRANTY APPLICABLE TO 2300 EA $ -0- $ -0-
CLIN 0001AA ITEMS
PR: N00019-95-MP-AH05P
PR LI: 0003
ACRN: AA
PAGE 3 OF 18
CONTRACT NUMBER F09603-95-C-0928
0003 WARRANTY APPLICABLE TO 572 EA $ -0- $ -0-
CLIN 0001AB ITEMS
PR: FD2060-95-42210
PR LI: 0003
ACRN: AB
0004 DATA IAW DD FORM 1423 1 LO
ATTACHED HERETO
(A001) QUALITY
CONFORMANCE INSPECTION
AND TEST PROCEDURES
FOB: DEST
QTY VAR: 0% OVER 0% UNDER
PR NR: N00019-95-MP-AH05P
PR LI: 0002
ACRN: AA
INSP SITE: IAW DD FORM 1423 ACCEPTANCE SITE: IAW DD FORM 1423
$ -0-
0005 DATA IAW DD FORM 1423 1 LO
ATTACHED HERETO
(A002) TEST/INSPECTION
REPORTS
FOB: DEST
QTY VAR: 0% OVER 0% UNDER
ACRN: AA
PR NR: N00919-95-MP-AH05P
PR LI: 0002
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0-
NOTE: NO HARDWARE WILL BE ACCEPTED WITHOUT APPROVED MANUALS.
0006 COMMERCIAL DATA/
TECHNICAL MANUALS IAW
TM86-01 AND DD FORM
1423'S ATTACHED.
0006AA DATA (ELIN A003) 1 SE
REVIEW COPY
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
ACRN: AA
PR NR: N00919-95-MP-AH05P
PR LI: 0002
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
0006AB DATA (ELIN A004) 2300 SE
PACK-UP DATA
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
ACRN: AA
PR NR: N00919-95-MP-AH05P
PR LI: 0002
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
0006AC DATA (ELIN A005) 572 SE
PACK-UP DATA
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
ACRN: AB
PR NR: FD2060-95-42210
PR LI: 0002
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
PAGE 4 OF 18
CONTRACT NUMBER F09603-95-C-0928
0006AD DATA (ELIN A006) 20 SE
BACK-UP STOCK QTY
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
ACRN: AA
PR NR: N00919-95-MP-AH05P
PR LI: 0002
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
OPTIONS
FIRST OPTION PERIOD (THE 365 DAY PERIOD IMMEDIATELY FOLLOWING THE EFFECTIVE
DATE OF THE BASIC CONTRACT).
THE GOVERNMENT MAY REQUIRE THE DELIVERY OF INCREASED QUANTITIES OF ITEMS, THE
EXACT QUANTITY OF WHICH CANNOT BE PREDICTED IN ADVANCE. THE GOVERNMENT MAY
INCREASE THE QUANTITY OF SUPPLIES TO BE DELIVERED UNDER THE CONTRACT BY
EXERCISING ANY ITEM FROM TIME TO TIME WITHIN 365 DAYS AFTER CONTRACT AWARD UNTIL
THE MAXIMUM QUANTITY FOR EACH ITEM HAS BEEN REACHED.
1001 SAME AS 0001 1-2300 EA [Confidential Treatment]
FOB: ORIGIN
INSP SITE: ORIGIN
ACCEPT SITE: ORIGIN
GOVERNMENT'S REQUIRED DELIVERY SCHEDULE
QTY UNIT ON OR BEFORE SHIP TO REQUISITION NR PRIORITY
1-2300 EA 160 EA * BELOW NON-MILSTRIP N/A
*EVERY 30 DAYS BEGINNING 90 DAYS AFTER EXERCISE OF OPTION.
1002 WARRANTY APPLICABLE 1-2300 EA $ -0-
TO CLIN 1001 ITEMS
1003 DATA IAW DD FORM 1423 1 LO
ATTACHED HERETO (ELIN B001)
QUALITY CONFORMANCE INSP
AND TEST PROCEDURES
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0-
1004 DATA IAW DD FORM 1423 1 LO
ATTACHED HERETO (ELIN B002)
TEST/INSPECTION REPORTS
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0-
NOTE: NO HARDWARE WILL BE ACCEPTED WITHOUT APPROVED MANUALS
1005 COMMERCIAL DATA/
TECHNICAL MANUALS IAW
TM 86-01 AND DD FORM 1423
ATTACHED HERETO
1005AA DATA (ELIN B003) 1 SE
REVIEW COPY
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
PAGE 5 OF 18
CONTRACT NUMBER F09603-95-C-0928
1005AB DATA (ELIN B004) 1-2300 SE
PACK-UP DATA
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
1005AC DATA (ELIN B005) 20 SE
BACK-UP STOCK QTY
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
SECOND OPTION PERIOD (THE 730 DAY PERIOD IMMEDIATELY FOLLOWING THE EFFECTIVE
DATE OF THE BASIC CONTRACT).
THE GOVERNMENT MAY REQUIRE THE DELIVERY OF INCREASED QUANTITIES OF ITEMS, THE
EXACT QUANTITY OF WHICH CANNOT BE PREDICTED IN ADVANCE. THE GOVERNMENT MAY
INCREASE THE QUANTITY OF SUPPLIES TO BE DELIVERED UNDER THE CONTRACT BY
EXERCISING ANY ITEM FROM TIME TO TIME WITHIN 730 DAYS AFTER CONTRACT AWARD UNTIL
THE MAXIMUM QUANTITY FOR EACH ITEM HAS BEEN REACHED.
2001 SAME AS 0001 1-2300 EA [Confidential Treatment]
FOB: ORIGIN
INSP SITE: ORIGIN
ACCEPT SITE: ORIGIN
GOVERNMENT'S REQUIRED DELIVERY SCHEDULE
QTY UNIT ON OR BEFORE SHIP TO REQUISITION NR PRIORITY
1-2300 EA 160 EA * BELOW NON-MILSTRIP N/A
*EVERY 30 DAYS BEGINNING 90 DAYS AFTER EXERCISE OF OPTION.
2002 WARRANTY APPLICABLE TO 1-2300 EA $ -0-
CLIN 2001 ITEMS
2003 DATA IAW DD FORM 1423 1 LO
ATTACHED HERETO (ELIN C001)
QUALITY CONFORMANCE INSP
AND TEST PROCEDURES
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0-
2004 DATA IAW DD FORM 1423 1 LO
ATTACHED HERETO (ELIN C002)
TEST/INSPECTION REPORTS
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0-
NOTE: NO HARDWARE WILL BE ACCEPTED WITHOUT APPROVED MANUALS
2005 COMMERCIAL DATA/
TECHNICAL MANUALS IAW
TM 86-01 AND DD FORM 1423
ATTACHED HERETO
2005AA DATA (ELIN C003) 1 SE
REVIEW COPY
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
PAGE 6 OF 18
CONTRACT NUMBER F09603-95-C-0928
2005AB DATA (ELIN C004) 1-2300 SE
PACK-UP DATA
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
2005AC DATA (ELIN C005) 20 SE
BACK-UP STOCK QTY
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
THIRD OPTION PERIOD (THE 1095 DAY PERIOD IMMEDIATELY FOLLOWING THE EFFECTIVE
DATE OF THE BASIC CONTRACT).
THE GOVERNMENT MAY REQUIRE THE DELIVERY OF INCREASED QUANTITIES OF ITEMS, THE
EXACT QUANTITY OF WHICH CANNOT BE PREDICTED IN ADVANCE. THE GOVERNMENT MAY
INCREASE THE QUANTITY OF SUPPLIES TO BE DELIVERED UNDER THE CONTRACT BY
EXERCISING ANY ITEM FROM TIME TO TIME WITHIN 1095 DAYS AFTER CONTRACT AWARD
UNTIL THE MAXIMUM QUANTITY FOR EACH ITEM HAS BEEN REACHED.
3001 SAME AS 0001 1-2300 EA [Confidential Treatment]
FOB: ORIGIN
INSP SITE: ORIGIN
ACCEPT SITE: ORIGIN
GOVERNMENT'S REQUIRED DELIVERY SCHEDULE
QTY UNIT ON OR BEFORE SHIP TO REQUISITION NR PRIORITY
1-2300 EA 160 EA * BELOW NON-MILSTRIP N/A
*EVERY 30 DAYS BEGINNING 90 DAYS AFTER EXERCISE OF OPTION.
3002 WARRANTY APPLICABLE TO 1-2300 EA $ -0-
CLIN 3001 ITEMS
3003 DATA IAW DD FORM 1423 1 LO
ATTACHED HERETO (ELIN D001)
QUALITY CONFORMANCE INSP
AND TEST PROCEDURES
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0-
3004 DATA IAW DD FORM 1423 1 LO
ATTACHED HERETO (ELIN D002)
TEST/INSPECTION REPORTS
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0-
NOTE: NO HARDWARE WILL BE ACCEPTED WITHOUT APPROVED MANUALS
3005 COMMERCIAL DATA/
TECHNICAL MANUALS IAW
TM 86-01 AND DD FORM 1423
ATTACHED HERETO
3005AA DATA (ELIN D003) 1 SE
REVIEW COPY
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
PAGE 7 OF 18
CONTRACT NUMBER F09603-95-C-0928
3005AB DATA (ELIN D004) 1-2300 SE
PACK-UP DATA
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
3005AC DATA (ELIN D005) 20 SE
BACK-UP STOCK QTY
FOB: DESTINATION
QTY VAR: 0% OVER 0% UNDER
INSP SITE: IAW DD FORM 1423 ACCEPT SITE: IAW DD FORM 1423
$ -0- PER SET
NOTE: An option is considered to have been exercised at the time the
Government deposits written notification to the Contractor in the mails.
In event of overlapping deliveries due to exercise of option, the
Contractor shall not be required to deliver more than 160 EACH in any
30-day period.
SPECIAL NOTICE APPLICABLE TO DFARS 252.242-7000 "POSTAWARD CONFERENCE"
In reference to DFARS 252.242-7000, Postaward Conference, the Air Force
does not anticipate convening a Postaward Conference. In the event a
Postaward Conference is convened, an equitable adjustment to the contract
price will be negotiated.
(WR-ALC)
SHIP TO/MARK FOR: (APPL ITEM 0001AA)
NAVAIR ISS FACILITY
BLDG 612, BAY 12
MCAS BEAUFORT
BEAUFORT SC 29904-5010
Contract: (See Face Sheet of Award)
REQUISITION NR: (See Each Item in Schedule)
SHIP TO/MARK FOR: (APPL ITEM 0001AB)
The Contractor shall request shipping instructions from WR-ALC/LKJMD,
ATTN: SARAH HARRELL, Robins AFB, GA 31098-1640, 912-926-6688, 30 days
prior to availability of material for shipment.
NOTE: SERIAL NUMBER AND PART NUMBER SHALL BE PLACED ON THE OUTSIDE
PACKAGE AND DD FORM 250.
B-1. CLAUSES AND PROVISIONS
(a) Clauses and provisions from the Federal Acquisition Regulation (FAR)
and supplements thereto are incorporated in this document by reference
and in full text. Those incorporated by reference have the same force and
effect as if they were given in full text.
(b) Clauses and provisions in this document will be numbered in sequence,
but will not necessarily appear in consecutive order.
(c) By signature on this contractual document, Contractor certifies that
their Section K, Representations and Certifications previously submitted
or returned herewith are current and applicable. They are hereby
incorporated by reference.
PART I - THE SCHEDULE
SECTION C
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C-1. SPECIFICATIONS, STANDARDS AND DRAWINGS
(IAW FAR 10.008)
Specifications, standards or drawings (as applicable) are
furnished/listed below:
ITEM NR SPECIFICATIONS, STANDARDS AND/OR ATTACHMENTS
ALL ITEMS PURCHASE DESCRIPTION 95 KJE06 DTD 25 JUN 95 AND
AFMC FORM 762 DTD 25 JUN 95.
PAGE 8 OF 18
CONTRACT NUMBER F09603-95-C-0928
PART I - THE SCHEDULE
SECTION D
PACKAGING AND MARKING
NOTE: SHELF LIFE IS 60 MONTHS.
D-1. PRESERVATION, PACKAGING, PACKING REQUIREMENTS
(IAW FAR 10.004(e), 14.201-2(d), and 15.406-2(d))
If AFMC Form 158 is attached hereto all items shall be preserved,
packaged and packed in accordance with said AFMC Form 158.
D-430. ITEM IDENTIFICATION MARKING AND SHELF LIFE ITEM
PROVISIONS
(IAW AFMCI 23-102, Part 2, Chapter 6, Paragraph 6.3)
Requirements set forth below shall apply to any contract issued thereon
and will take precedence over other inconsistent requirements herewith.
All standards, bulletins, and publications referenced herein shall be
of the issue in effect on the date of this document.
1. PHYSICAL MARKING OF ITEMS:
MIL-STD-130: Items shall be marked in accordance with
MIL-STD-130.
- The National Stock Number (NSN), and when assigned,
the Configuration Item Identifier (CII), serial number,
and military type designation information shall be
marked on major assemblies, units, groups, and sets.
- Special attention must be given to requirements
governing the application of the actual manufacturer's
Federal Supply Code for Manufacturers (FSCM) to the
physical item.
- Items which are excluded in accordance with paragraph
1.1 of MIL-STD-130, revision G, shall be marked in
accordance with the appropriate document.
2. PACKAGE AND CONTAINER MARKING: Shipments will not be made until the
NSN has been assigned, unless specifically authorized by the
Contracting Officer.
MIL-STD-129/ASTM-D-3951:
a. Interior packages and shipping containers shall be marked in
accordance with MIL-STD-129 when Military packing is specified
and ASTM-D-3951 when commercial packaging is specified. The
requirements of paragraph 2.h apply regardless of which packaging
is utilized.
(1) Design manufacturer's name, trademark or manufacturer's
code (from Cataloging Handbook H4-1 or H4-2), identifying
number, and serial number, when applicable, shall be
included in the identification marking.
(2) When applicable, the Air Force project designator code
shall be included as the last line of the address marking
and the project name related to the project code shall be
marked in the clear on the exterior shipping container.
b. Tags and labels, when required, shall be contractor's tags or
labels conforming to the requirements of MIL-STD-129 or as
approved by the procuring activity. Contractor's forms which
indicate serviceable condition shall not be any shade of green or
red. Labels are authorized to be used on metal containers. Items
requiring technical order (T.O.) certification shall be annotated
on inner and outer container tags or label with T.O. compliance.
c. When dummy containers are used in a unitized load, the dummy
containers shall be clearly marked "DUMMY CONTAINER" and located
in the load so that the marking will be plainly visible to
receiving and storage personnel.
d. All interior packages and shipping containers for articles and
materials classified as hazardous or restricted under provisions
of Title 49, Code of Federal Regulations, or AFR 71-4/DLAM
4145.3/TM 38-250/NAVSUP PUB 505/MCO P 4030.19 shall be marked,
regardless of exemption for mode of transportation, with proper
shipping name of item; flash point of all liquids having a flash
point of 200 degrees F. or below; and percentage concentration of
acids and corrosive liquids. In addition, the quantity of each
hazardous or restricted material included in a container shall be
annotated adjacent to the shipping name of the item, e.g., Acetic
Acid (80% concentration) -- 1 qt.
e. On shipments of firearms regardless of mode of transportation,
selected elements of identification and contractor data markings
shall be omitted or obliterated in accordance with the
requirements of MIL-STD-129 regarding sensitive items and packing
lists shall be placed only inside the containers.
PAGE 9 OF 18
CONTRACT NUMBER F09603-95-C-0928
f. Special markings for packages and containers when specified on
AFMC Form 158 shall be complied with as a part of MIL-STD-129.
g. All special coated terneplate containers shall be marked with
the legend "CAUTION--DO NOT REUSE AS FOOD CONTAINERS."
h. Bar code markings in accordance with MIL-STD-129 and
MIL-STD-1189 shall apply to all units, intermediate and exterior
containers for all items going into stock regardless of package
size or levels of package specified (including commercial
packaging). In addition to the NSN/NATO stock number, the
exterior shipping container shall include the 13 digit contract
number (plus, if applicable, the four digit call number).
Excluded from Bar Code Marking are:
(1) Foreign Military Sales.
(2) Direct Vendor Delivery (DVD)/Government Furnished
Equipment (GFE) shipments.
(3) Multipack Exterior Shipping Containers. (Unit and
intermediate containers do require a bar coded NSN/NATO stock
number. However, the next container (unit or intermediate)
inside the multipack will also require a bar coded NSN/NATO
stock number and contract number with call number, if
applicable, in the lower right hand corner).
(4) All unpacked or uncrated items; e.g., vehicles, tires,
etc.
i. Shipments of wheeled items weighing 2,000 pounds or more and
scheduled for transportation by military aircraft will be marked
with the individual axle weights in accordance with MIL-STD-129.
3. WARRANTED ITEMS: When the contract contains warranty requirements,
warranty information shall be applied on containers and items as
follows:
a. Container markings shall be as specified in MIL-STD-129. The
period or conditions of the warranty shall be specifically
stated, i.e., landings, flight hours, operating hours, days from
shipping date, etc. b. Items shall be marked in accordance with
requirements of MIL-STD-130. Markings shall be located in a
manner so as to be conspicuous to the person removing the item
from service. When no deleterious effect or functional
degradation is caused, the markings shall be black letters on
yellow FED-STD- 595 color 13655) background. The marking shall
include the same period or condition required on the containers.
PART I - THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
E-460. 5352.246-9000 MATERIAL INSPECTION AND RECEIVING REPORT JAN 1993
(IAW AFMCFARS 5346.370(90))
(a) As specified by DFARS, Appendix F, Table 2, a copy of DD Forms 250
shall be forwarded to the following address:
(1) Forward the purchasing office copy to:
WR-ALC/LKKB, 460 SECOND ST SUITE 221, ROBINS AFB GA 31098-1640
(2) For shipments involving Military Assistance Program (MAP),
Grant Aid (GA) and Foreign Military Sales (FMS) requirements, an
additional copy shall be sent under separate cover to:
DAO-DE ROBINS/FSB, 236 Milledgeville St, STE F26, Robins AFB
GA 31098-1616
(3) Additional distribution of DD Forms 250 is to be made to the
following address (es).
COMMANDER, NAVAL AIR SYSTEMS COMMAND
ARLINGTON VA 22243-5120
ATTN: JUNE BELL
WR-ALC/LKJMD
460 SECOND ST, STE 221
ROBINS AFB GA 31098-1640
PAGE 10 OF 18
CONTRACT NUMBER F09603-95-C-0928
(b) These special instructions shall be included in any subcontract
hereunder where the items purchased from the subcontractor are to be
shipped directly to the U.S. Government or to a foreign destination.
(c) If delivery of MAP, GA, or FMS items to foreign destinations is
required, the copies of DD Forms 250 required by DFARS, Appendix F,
Table 2, shall be forwarded to the "ship to" address designated in the
contract.
E-505C. INSPECTION AND ACCEPTANCE AUG 1992
(IAW FAR 46.401(b) and 46.503)
Procurement Quality Assurance (PQA)/Inspection will be at RECOVERY
ENGINEERING INC., 2229 EDGEWOOD AVE S., MINNEAPOLIS MN 55426 and when
applicable, final inspection and acceptance will be at RECOVERY
ENGINEERING INC., 2229 EDGEWOOD AVE S., MINNEAPOLIS MN 55426. (WR-ALC)
PART I - THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
F-26. 52.212-13 STOP-WORK ORDER AUG 1989
(IAW FAR 12.505(b)(1))
F-30. 52.247-29 F.O.B. ORIGIN JUN 1988
(IAW FAR 47.303-1(c))
F-35C. F.O.B. ORIGIN
(IAW FAR 47.305(b))
Any supply item applicable to this document shall be delivered:
F.O.B. carrier's equipment at the plant or plants at 2229 EDGEWOOD AVE
S., MINNEAPOLIS MN 55426.
FOR SHIP TO AND DELIVERY (IF APPLICABLE): SEE SECTION B
<TABLE>
<CAPTION>
<S> <C> <C> <C>
F-70. 52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR APR 1984
SHIPMENTS
(IAW FAR 47.305-15(a)(2))
F-71. 52.247-59 F.O.B. ORIGIN-CARLOAD AND TRUCKLOAD SHIPMENTS APR 1984
(IAW FAR 47.305-16(a))
F-74. 52.247-61 F.0.B. ORIGIN-MINIMUM SIZE OF SHIPMENTS APR 1984
(IAW FAR 47.305-16(c))
F-500. 5352.204-9504 NOTIFICATION REGARDING ADMINISTRATIVE PROBLEMS JUL 1992
(IAW WR-ALC FAR SUP 5304.103-95)
</TABLE>
If at any time during the performance of this contract administrative
problems should arise which will have an adverse impact on timely
performance by the Contractor or affect the contract price, the
Contractor is required to immediately notify WR-ALC/LKKB, ROBINS AFB GA
31098-1640 and the cognizant administrative contracting officer (ACO).
PART I - THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
G-1. ACCOUNTING AND APPROPRIATION DATA
AA:1751810 43SY N0001995AFOPNO1 000 AA A02 0 N68342 2D
000000 SY160 000 0000
AB:5753080.175 47E8 842990 000000 00000 000000 503300 F0330L
PAGE 11 OF 18
CONTRACT NUMBER F09603-95-C-0928
G-51. TRANSPORTATION APPROPRIATION CHARGEABLE
The Transportation Allotment Identification (TAI) relates directly to
the above ACRN(s). For example the TAI "TAA" is for the same line
item(s) as ACRN "AA".
FMS TRANSPORTATION ALLOTMENT SHALL BE USED ONLY WHEN SHIPMENT ON
GOVERNMENT BILL OF LADING IS AUTHORIZED
Insert 3 if movement via surface mode or 2 if movement via airlift in
place of any "#" shown.
Insert last digit of current fiscal year in place of any asterisk "*"
shown when material is shipped.
TAI ALLOTMENT
TAA: 1751810 43SY N0001995AFOPNO1 000 AA A02 0 N68342 2D 000000
SY160 000 0000
TAB: F8D4*#O
G-400. 5352.212-9000 CONTRACTOR REPORTING REQUIREMENTS JUL 1992
(IAW AFMCFARS 5312.304(90))
Any report required by 15 CFR 700, Subpart D, Section 700.13(d) of the
Defense Priorities and Allocation System regulation relating to an
actual or anticipated delayed shipment, reason for delay, and/or new
projected shipment date is to be sent concurrently by the Contractor
to both the Procuring Contracting Officer (PCO) and the Administrative
Contracting Officer (ACO) within the specified ten (10) calendar days.
PART I - THE SCHEDULE
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H-305. 5352.210-9000 ELIMINATION OF USE OF CLASS I OZONE
DEPLETING SUBSTANCES (ODS) IN AIR FORCE
PROCUREMENTS OCT 1994
(IAW AFFARS 5310.9006(a))
(a) It is the Air Force policy to preserve mission readiness while
minimizing dependency on Class I Ozone Depleting Substances (ODS), and
their release into the environment, to help protect the Earth's
stratospheric ozone layer.
(b) Unless a specific waiver has been approved, Air Force
procurements:
(1) May not include any specification, standard, drawing or other
document that requires the use of a Class I ODS in the design,
manufacture, test, operation, or maintenance of any system,
subsystem, item, component or process; and
(2) May not include any specification, standard, drawing or other
document that establishes a requirement that can only be met by
use of a Class I ODS.
(c) For the purposes of Air Force policy, the following are Class I
ODS:
(1) Halons: 1011, 1202, 1211, 1301 and 2402
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111,
CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213,
CFC-214, CFC-215, CFC- 216, and CFC-217, and the blends R-500,
R-501, R-502, and R-503.
(3) Other Controlled Substances: Carbon Tetrachloride, Methyl
Chloroform, and Methyl Bromide.
(d) The Air Force has reviewed the requirements specified in this
contract to reflect this policy. Where considered essential, specific
approval has been obtained to require use of the following substances:
Substance Application/Use Quantity (lbs)
NONE
(e) To assist the Air Force in implementing this policy, the
offeror/contractor is encouraged, but not required, to notify the
contracting officer if any Class I ODS not specifically listed above,
is required in the performance of this contract.
PAGE 12 OF 18
CONTRACT NUMBER F09603-95-C-0928
PART II - CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE JUN 1988
(IAW FAR 52.107(b))
This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available.
NO FAR PARA CLAUSE TITLE DATE
I-18. 52.203-1 OFFICIALS NOT TO BENEFIT APR 1984
(IAW FAR 3.102-2)
1-19. 52.203-3 GRATUITIES APR 1984
(IAW FAR 3.202)
1-20. 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984
(IAW FAR 3.404(c))
1-21. 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE JUL 1995
GOVERNMENT
(IAW FAR 3.503-2)
I-22. 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995
(IAW FAR 3.502-3)
1-24. 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT NOV 1990
INTEGRITY--MODIFICATION
(IAW FAR 3.104-10(b))
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set
forth in paragraph (c) of this clause when requested by the Contracting
Officer in connection with the execution of any modification of this
contract.
(c) Certification. As required in paragraph (b) of this clause, the
officer or employee responsible for the modification proposal shall
execute the following certification:
CERTIFICATE OF PROCUREMENT
INTEGRITY--MODIFICATION (NOV 1990)
(1) I, _______________________________ [Name of certifier]
am the officer or employee responsible for the preparation
of this modification proposal and hereby certify that, to
the best of my knowledge and belief, with the exception of
any information described in this certification, I have no
information concerning a violation or possible violation of
subsection 27(a), (b), (d), or (f) of the Office of Federal
Procurement Policy Act, as amended* (41 U.S.C. 423),
(hereinafter referred to as "the Act"), as implemented in
the FAR, occurring during the conduct of this procurement
(contract and modification number).
(2) As required by subsection 27(e)(1)(B) of the Act, I
further certify that to the best of my knowledge and belief,
each officer, employee, agent, representative, and
consultant of ______________________________ [Name of
Offeror] who has participated personally and substantially
in the preparation or submission of this proposal has
certified that he or she is familiar with, and will comply
with, the requirements of subsection 27(a) of the Act, as
implemented in the FAR, and will report immediately to me
any information concerning a violation or possible violation
of subsections 27(a), (b), (d) or (f) of the Act, as
implemented in the FAR, pertaining to this procurement.
(3) Violations or possible violations: (Continue on plain
bond paper if necessary and label Certificate of Procurement
Integrity--Modification (Continuation Sheet), ENTER "NONE"
IF NONE EXISTS)
____________________________________________________________
____________________________________________________________
____________________________________________________________
[Signature of the officer or employee responsible for the
modification proposal and date
____________________________________________________________
[Typed name of the officer or employee responsible for the
modification proposal]
____________________________________________________________
*Subsections 27(a), (b), and (d) are effective on December
1, 1990. Subsection 27(f) is effective on June 1, 1991.
PAGE 13 OF 18
CONTRACT NUMBER F09603-95-C-0928
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION
OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE,
FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER
SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE,
SECTION 1001.
(End of certification)
(d) In making the certification in paragraph (2) of the certificate,
the officer or employee of the competing Contractor responsible for
the offer or bid, may rely upon a one-time certification from each
individual required to submit a certification to the competing
Contractor, supplemented by periodic training. These certifications
shall be obtained at the earliest possible date after an individual
required to certify begins employment or association with the
contractor. If a contractor decides to rely on a certification
executed prior to the suspension of section 27 (i.e., prior to
December 1, 1989), the Contractor shall ensure that an individual who
has so certified is notified that section 27 has been reinstated.
These certifications shall be maintained by the Contractor for a
period of 6 years from the date a certifying employee's employment
with the company ends or, for an agency, representative, or
consultant, 6 years from the date such individual ceases to act on
behalf of the contractor.
(e) The certification required by paragraph (c) of this clause is a
material representation of fact upon which reliance will be placed in
executing this modification.
<TABLE>
<CAPTION>
<S> <C> <C> <C>
I-25. 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER SEP 1990
ACTIVITY
(IAW FAR 3.104-10(c))
I-25C. 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN JAN 1990
FEDERAL TRANSACTIONS
(IAW FAR 3.808(b))
I-78. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN JUL 1995
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT
(IAW FAR 9.409(b))
I-102. 52.212-8 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS SEP 1990
(IAW FAR 12.304(b))
I-127. 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL JUL 1995
(IAW FAR 15.106-1(b))
I-144. 52.215-33 ORDER OF PRECEDENCE JAN 1986
(IAW FAR 15.406-3(b))
I-193. 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY MAR 1989
PRICED LINE ITEM
(IAW FAR 17.208(e))
For the purposes of this clause the blank(s) are completed as follows:
within OPTION I 365 DAYS AFTER EFFECTIVE DATE OF BASIC CONTRACT
within OPTION II 365 DAYS AFTER END OF THE FIRST OPTION PERIOD
within OPTION III 365 DAYS AFTER END OF THE SECOND OPTION CONTRACT
I-214. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND FEB 1990
SMALL DISADVANTAGED BUSINESS CONCERNS
(IAW FAR 19.708(a))
I-220. 52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES AUG 1986
(IAW FAR 19.902)
I-228. 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS JUL 1995
(IAW FAR 20.302(a))
I-229. 52.220-4 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM APR 1984
(IAW FAR 20.302(b))
I-245. 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES APR 1984
(IAW FAR 22.101-1(e), and 22.103-5(a))
I-263. 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT APR 1984
(IAW FAR 22.610(b))
I-264. 52.222-26 EQUAL OPPORTUNITY APR 1984
(IAW FAR 22.810(e))
I-267. 52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE APR 1984
OF SUBCONTRACTS
(IAW FAR 22.810(g))
I-274. 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND APR 1984
VIETNAM ERA VETERANS
(IAW FAR 22.1308(a)(1), and DFARS 222.1308(a)(1))
</TABLE>
PAGE 14 OF 18
CONTRACT NUMBER F09603-95-C-0928
<TABLE>
<CAPTION>
<S> <C> <C> <C>
I-276. 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS APR 1984
(IAW FAR 22.1408(a))
I-278. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS JAN 1988
AND VETERANS OF THE VIETNAM ERA
(IAW FAR 22.1308(b))
I-292. 52.223-2 CLEAN AIR AND WATER APR 1984
(IAW FAR 23.105(b))
I-295. 52.223-6 DRUG-FREE WORKPLACE JUL 1990
(IAW FAR 23.505(b))
I-311. 52.225-10 DUTY-FREE ENTRY APR 1984
</TABLE>
(IAW FAR 25.605(a))
For the purposes of this clause the blank(s) are completed as
follows: (f)(3) The notation "UNITED STATES GOVERNMENT,
DEPARTMENT OF DEFENSE. Duty-free entry to be claimed pursuant
to Schedule 8, Part 3, Item No. 832.00 Tariff Schedules of the
United States (19 U.S.C. 1202). Upon arrival of shipment at
port of entry, District Director of Customs, please release
shipment under 19 CFR 142 and notify the appropriate contract
administration office for execution of Customs Forms 7501 and
7501-A and any required duty-free entry certificates."
<TABLE>
<CAPTION>
<S> <C> <C> <C>
I-352. 52.229-3 FEDERAL, STATE, AND LOCAL TAXES JAN 1991
(IAW FAR 29.401-3)
I-403. 52.232-17 INTEREST JAN 1991
(IAW FAR 32.617(a), and 32.617(b))
I-409. 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
(IAW FAR 32.806(a)(1))
I-410. 52.232-23 ALTERNATE I APR 1984
(IAW FAR 32.806(a)(2))
I-416. 52.232-28 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS APR 1989
(IAW FAR 32.908(d))
I-417. 52.233-1 DISPUTES MAR 1994
(IAW FAR 33.215)
I-538. 52.242-10 F.O.B. ORIGIN--GOVERNMENT BILLS OF LADING OR APR 1984
PREPAID POSTAGE
(IAW FAR 42.1404-2(a))
I-541. 52.242-13 BANKRUPTCY APR 1991
(IAW FAR 42.903)
I-614. 52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE APR 1984
</TABLE>
(IAW FAR 46.710(b)(1))
For the purposes of this clause the blank(s) are completed as
follows:
(b)(1) 365 days after delivery
(c)(3) 395 days after delivery of the nonconforming supplies
30 days after notification
30 days
(c)(4) 395 days
395 days
I-615. 52.246-18 ALTERNATE I APR 1984
(IAW FAR 46.710(b)(2))
I-636. 52.247-1 COMMERCIAL BILL OF LADING NOTATIONS APR 1984
(IAW FAR 47.104-4)
I-732. 52.252-4 ALTERATIONS IN CONTRACT APR 1984
(IAW FAR 52.107(d))
Portions of this contract are altered as follows:
PARAGRAPH (b) (1), IN CLAUSE I-615 IS HEREBY REPLACED WITH THE
FOLLOWING:
NOTWITHSTANDING INSPECTION AND ACCEPTANCE BY THE GOVERNMENT OF
SUPPLIES FURNISHED UNDER THIS CONTRACT, OR ANY CONDITIONS OF THIS
CONTRACT CONCERNING THE CONCLUSIVENESS THEREOF, THE CONTRACTOR
WARRANTS THAT FOR 365 DAYS AFTER DELIVERY, ALL SUPPLIES FURNISHED
UNDER THIS CONTRACT WILL BE FREE FROM DEFECTS IN DESIGN MATERIAL AND
WORKMANSHIP AND, THAT, AT TIME OF DELIVERY ALL SUPPLIES.
NOTE THAT SUBPARAGRAPHS (b) (1) (i), (ii), (iii), (iv) AND (v) UNDER
CLAUSE I-615 REMAIN AS STATED IN CLAUSE I-615.
PAGE 15 OF 18
CONTRACT NUMBER F09603-95-C-0928
I-733. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES APR 1984
(IAW FAR 52.107(f))
(a) The use in this solicitation or contract of any Federal
Acquisition Regulation (48 CFR Chapter 1) clause with an authorized
deviation is indicated by the addition of "(DEVIATION)" after the
date of the clause.
(b) The use in this solicitation or contract of any Defense Federal
Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an
authorized deviation is indicated by the addition of "(DEVIATION)"
after the name of the regulation.
<TABLE>
<CAPTION>
<S> <C> <C> <C>
IA-20. 252.203-7000 STATUTORY PROHIBITION ON COMPENSATION TO FORMER DEC 1991
DEPARTMENT OF DEFENSE EMPLOYEES
(IAW DFARS 203.170-4)
IA-22. 252.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT APR 1993
(IAW DFARS 203.570-5)
IA-40. 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT DEC 1991
HOLDERS
(IAW DFARS 205.470-2)
IA-105. 252.211-7000 TERMINATION--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(20))
IA-106. 252.211-7001 INVOICE AND PROMPT PAYMENT--COMMERCIAL ITEMS MAY 1991
(IAW DFARS at 211.7005(a)(21))
IA-107. 252.211-7002 CHANGES--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(22))
IA-108. 252.211-7003 PATENT AND COPYRIGHT INDEMNIFICATION--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(23))
IA-109. 252.211-7004 INSPECTION AND ACCEPTANCE--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(24))
IA-111. 252.211-7006 TITLE AND RISK OF LOSS--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(26))
IA-112. 252.211-7010 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-- MAY 1991
CONTRACT MODIFICATIONS--COMMERCIAL ITEMS
(IAW DFARS 211.7005(a)(27))
IA-113. 252.211-7011 AUDIT OF CONTRACT MODIFICATIONS--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7005(a)(28))
IA-114. 252.211-7015 TECHNICAL DATA AND COMPUTER SOFTWARE--COMMERCIAL MAY 1991
ITEMS
(IAW DFARS 211.7005(a)(29))
IA-115. 252.211-7016 TECHNICAL DATA AND COMPUTER SOFTWARE--WITHHOLDING MAY 1991
OF PAYMENT--COMMERCIAL ITEMS
(IAW DFARS 211.7004-1(h)(4))
</TABLE>
For the purposes of this clause the blank(s) are completed as
follows:
(c) 10%
IA-116. 252.211-7017 CERTIFICATION OF TECHNICAL DATA AND COMPUTER
SOFTWARE CONFORMITY--COMMERCIAL ITEMS MAY 1991
(IAW DFARS 211.7004-1(h)(4))
(b) All technical data and computer software delivered under this
contract shall be accompanied by the following written certification:
The contractor, _____________________________, hereby certifies
that, to the best of its knowledge and belief, the technical
data or computer software delivered herewith under contract
number _______________________ are complete, accurate, and
comply with all requirements of the contract.
Date: ____________________
Name and Title of
Certifying Official: ____________________
IA-117. 252.211-7021 CLAUSES TO BE INCLUDED IN CONTRACTS WITH
SUBCONTRACTORS AND SUPPLIERS--COMMERCIAL
ITEMS MAY 1991
(IAW DFARS 211.7005(a)(30))
IA-230. 252.219-7006 NOTICE OF EVALUATION PREFERENCE FOR SMALL
DISADVANTAGED BUSINESS CONCERNS MAY 1995
(IAW DFARS 219.7003)
For the purposes of this clause, the offeror will complete the
following, if applicable:
______ Offeror elects to waive the preference
PAGE 16 OF 18
CONTRACT NUMBER F09603-95-C-0928
<TABLE>
<CAPTION>
<S> <C> <C> <C>
IA-287. 252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS JAN 1994
PROGRAM
(IAW DFARS 225.109(d))
(The balance of Payments Program is not applicable when the
estimated cost of the product or service is at or below $100,000)
IA-288. 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS DEC 1991
(IAW DFARS 225.109-70(a))
IA-293. 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES MAY 1994
(IAW DFARS 225.7002-4(a))
IA-295. 252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS DEC 1991
(IAW DFARS 225.7002-4(c))
IA-312D. 252.225-7027 LIMITATION ON SALES COMMISSIONS AND FEES DEC 1991
(IAW DFARS 225.7308(a))
For the purposes of this clause the blank(s) are completed as
follows: AUSTRALIA, TAIWAN, EGYPT, GREECE, ISRAEL, JAPAN,
JORDAN, REPUBLIC OF KOREA, KUWAIT, PAKISTAN, PHILIPPINES, SAUDI
ARABIA, TURKEY, THAILAND, OR VENEZUELA (AIR FORCE).
IA-312E. 252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN DEC 1991
GOVERNMENTS
(IAW DFARS 225.7308(b))
IA-399. 252.231-7000 SUPPLEMENTAL COST PRINCIPLES DEC 1991
(IAW DFARS 231.100-70)
IA-422. 252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON AUG 1992
FINDING OF FRAUD
(IAW DFARS 232.111-70)
IA-425. 252.233-7000 CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT MAY 1994
OR RELIEF
(IAW DFARS 233.7001)
IA-648. 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC 1991
(IAW DFARS 243.205-71)
IA-679. 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT DEC 1991
(IAW DFARS 246.370(a))
IA-745. 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA DEC 1991
(IAW DFARS 247.573(b)
</TABLE>
(a) Definitions.
As used in this clause--
(1) "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.
(2) "Department of Defense" (DoD) means the Army, Navy,
Air Force, Marine Corps, and defense agencies.
(3) "Foreign flag vessel" means any vessel that is not a
U.S.-flag vessel.
(4) "Ocean transportation" means any transportation aboard a
ship, vessel, boat, barge, or ferry through international
Waters.
(5) "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.
(6) "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.
(7) "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.
PAGE 17 OF 18
CONTRACT NUMBER F09603-95-C-0928
(b) The Contractor shall employ U.S.-flag vessels in the transportation by sea
of any supplies to be furnished in the performance of this contract. 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.
(c) The Contractor must submit any request for use of other than U.S.-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.
(d) The Contractor shall, within 30 days after each shipment covered by this
clause, provide the Contracting Officer and the Division of National Cargo,
Office of Market Development, Maritime Administration, U.S. Department of
Transportation, 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;
(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 the steamship company.
(e) The Contractor agrees to 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 non-U.S.-flag ocean
transportation; or
(4) Ocean transportation was used and some or all of the shipments were
made on non-U.S.-flag vessels without the written consent of the
Contracting Officer. The Contractor shall describe these shipments in
the following format:
ITEM CONTRACT
DESCRIPTION LINE ITEMS QUANTITY
TOTAL
(f) If 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 non-U.S.-flag vessels in the performance of
this contract, the Contracting Officer is entitled to equitably adjust the
contract, based on the unauthorized use.
(g) The Contractor shall include this clause, including this paragraph (g) in
all subcontracts under this contract, which exceed the small purchase limitation
of section 13.000 of the Federal Acquisition Regulation.
PAGE 18 OF 18
CONTRACT NUMBER F09603-95-C-0928
IA-746. 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES DEC 1991
BY SEA (IAW DFARS 247.573(c))
(a) The Contractor has indicated by the response to the solicitation
provision, Representation of Extent of Transportation by Sea, that it
did not anticipate transporting by sea any supplies. If, however,
after the award of this contract, the Contractor learns that supplies,
as defined in the Transportation of Supplies by Sea clause of this
contract, will be transported by sea, the Contractor--
(1) Shall notify the Contracting Officer of that fact; and
(2) Hereby agrees to comply with all the terms and conditions of
the Transportation of Supplies by Sea clause of this contract.
(b) The Contractor shall include this clause, including this paragraph
(b), revised as necessary to reflect the relationship of the
contracting parties, in all subcontracts hereunder.
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J
LIST OF ATTACHMENTS
(All listed attachments are at the end of this document)
NR
FORM NR TITLE DATE OF PAGES
PURCHASE DESCRIPTION 25 JUN 95 6
PD95KJE06
AFMC FORM 762 Engineering Data List 25 JUN 95 1
AFMC Form 158 Preservation, Packaging and 09 DEC 94 2
Packing Requirements
DD Form 1423 Exhibit "A", Contract Data 25 JUN 95 6
Requirements List
DD Form 1423 Exhibit "B", Contract Data 25 JUN 95 5
Requirements List
DD Form 1423 Exhibit "C", Contract Data 25 JUN 95 5
Requirements List
DD Form 1423 Exhibit "D", Contract Data 25 JUN 95 5
Requirements List
AIR FORCE TECHNICAL MANUAL 16 MAY 95 7
CONTRACT REQUIREMENTS
TM 86-01
