DOW-UAP-D111, AAWSAP Solicitation and Original Order, September 2008

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER HHM402-08-C-0072 DATE SEP 22, 2008 a. NAME (b)(3):10 USC 424, (b)(6) 1. REQUISITION NUMBER 679/0001Z/08 5. SOLICITATION NUMBER HHM402-08-R-0211 PAGE 1 OF 59 7. FOR SOLICITATION INFORMATION CALL: 9. ISSUED BY Virginia Contracting Activity ATTN: AE-2 Bolling AFB, Bidg. 6000 Washington DC 20340-5100 CODE HHQ402 71. DELIVERY FOR FOB DESTINA- TION UNLESS BLOCK IS MARKED *| SEE SCHEDULE 15. DELIVER TO See Schedule 12. DISCOUNT TERMS 6. SOLICITATION ISSUE DATE SEP 01, 2008 b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/ LOCAL TIME SEP 10, 2008 2:00 PM ET 10. THIS ACQUISITION IS EX UNRESTRICTED OR ] SET ASIDE: _% FOR: SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: BUSINESS EDWOSB 541990 SERVICE-DISABLED VETERAN-OWNED SIZE STANDARD: SMALL BUSINESS 18 (A) 13a. THIS CONTRACT IS A 13b. RATING RATED ORDER UNDER DPAS (15 CFR 700) CODE 00000 14. METHOD OF SOLICITATION RFQ IFB 16. ADMINISTERED BY CODE Virginia Contracting Activity ATTN: DIAC, AE-2 Building 6000 Washington DC 20340-5100 RFP ZD50 17a. CONTRACTOR/ CODE 00000434 OFFEROR. FACILITY CODE BIGELOW AEROSPACE ADVANCED SPACE STUDIES, LLC 4640 S EASTERN AVE LAS VEGAS NV 891196135 18a. PAYMENT WILL BE MADE BY NSA Finance and Accounting Office P.O. Box 1685; ATTN: DF2111 Ft. George G. Meade MD 20755-6856 CODE NSA01A (b)(3) 26 U.S.C. §§ 6103.6105 (Internal CAGE: 54JU7 Revenue C TENEPHONE NO. DUNS: 827037768 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER ITEM NO. 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED 5* SEE ADDENDUM QUANTITY UNT UNIT PRICE AMOUNT SCHEDULE OF SUPPLIES/SERVICES Please see continuation page for line item details. (Use Reverse and/or Attach Additional Sheets as Necessary) 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA * 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA 28. 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 ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED ARE * ARE (For Govt. Use Only) $21,948,810.00 ARE NOT ATTACHED ARE NOT ATTACHED 30a. SIGNATURE OF OFFEROR/CONTRACTOR 7 29. AWARD OF CONTRACT: REF. DATED YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) OFFER 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 316. NAME OF CONTRACTING OFFICER (6)(3) 10 USC 424, (bY(6) AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE (Type or print) 31c. DATE SIGNED SEP 22, 2008 STANDARD FORM 1449 (REV. 2/2012) Prescribed by GSA - FAR (48 CFR) 53.212

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ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED • INSPECTED 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE • ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: 132c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 36. PAYMENT 37. CHECK NUMBER COMPLETE PARTIAL FINAL 33. SHIP NUMBER 34. VOUCHER NUMBER PARTIAL FINAL 38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR 40. PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE 142a. RECEIVED BY (Print) 42b. RECEIVED AT (Location) 42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS STANDARD FORM 1449 (REV. 2/2012) BACK HHM402-08-C-0072

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ITEM NO. SUPPLIES/SERVICES SCHEDULE Continued QUANTITY UNIT UNIT PRICE 0001 0002 0003 0004 0005 Invoicing Address: NSA Finance and Accounting Office P.O. Box 1685; ATTN: DF2111 Ft. George G. Meade MD 20755-6856 COR: AAP Person 1 Bigelow Aerospace Advanced Space Studies, Inc (BAASS) proposal dated 9/3/2008 is incorporated by reference. Contract Type: Firm Fixed Price Base Year: 22 September 2008 - 29 September 2009 Monthly Status Reports Quantity 12 Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 25201 S49205 1SG2 B5P196G1 1106 610000 $2,887,000.00 Period of Performance: 09/22/2008 to 09/21/2009 Project Management Plan for Tasks 3.a.1 - 3.a.12 Quantity 12 Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 25201 S49205 1SG2 B5P196G1 1106 610000 $3,600,000.00 Period of Performance: 09/22/2008 to 09/21/2009 Research Report for Tasks 3.a.1. - 3.a. 12 Quantity 12 Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 25201 S49205 1SG2 B5P196G1 1106 610000 $2,100,000.00 Period of Performance: 09/22/2008 to 09/21/2009 Comprehensive Integrated Threat Assessment Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 25201 S49205 1SG2 B5P196G1 1106 610000 $240,000.00 Period of Performance: 09/22/2008 to 09/21/2009 Travel Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 25201 S49205 1SG2 B5P196G1 1106 610000 $50,000.00 1.00 LO 2,887,000.00 1.00 LO 3,600,000.00 1.00 LO 2,100,000.00 1.00 LO 240,000.00 1.00 LO 50,000.00 PAGE 3 OF 59 HHM402-08-C-0072 AMOUNT 2,887,000.00 3,600,000.00 2,100,000.00 240,000.00 50,000.00

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ITEM NO. SCHEDULE Continued QUANTITY 0006 1001 1002 1003 1004 1005 1006 SUPPLIES/SERVICES Period of Performance: 09/22/2008 to 09/21/2009 Other Direct Costs Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 25201 S49205 1SG2 B5P196G1 1106 610000 $1,123,000.00 Period of Performance: 09/22/2008 to 09/21/2009 Option Year: 22 September 2009 - 21 September 2010 Monthly Status Reports Quantity 12 Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 25201 S49205 CCXX 16P101T1 1106 610000 $1,549,100.00 Period of Performance: 09/22/2009 to 12/21/2010 Project Management Plan for Tasks 3.a.1 - 3.a.12 Quantity 12 Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 25201 S49205 CCXX 16P1011 1106 610000 $4,759,300.00 Period of Performance: 09/22/2009 to 12/21/2010 Research Report for Tasks 3.a.1. - 3.a. 12 Quantity 12 Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 25201 S49205 CCXX 16P1011 1106 610000 $2,870,600.00 Period of Performance: 09/22/2009 to 12/21/2010 Comprehensive Integrated Threat Assessment Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 25201 S49205 CCXX 16P1011 1106 610000 $220,200.00 Period of Performance: 09/22/2009 to 12/21/2010 Travel Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 25201 S49205 CCXX 16P1011 1106 610000 $36,700.00 Period of Performance: 09/22/2009 to 12/21/2010 Other Direct Costs UNIT UNIT PRICE 1.00 LO 1,123,000.00 1.00 LO 1,549,100.00 1.00 LO 4,759,300.00 1.00 LO 2,870,600.00 1.00 LO 220,200.00 1.00 LO 36,700.00 1.00 LO PAGE 4 OF 59 HHM402-08-C-0072 2,494,610.00| AMOUNT 1,123,000.00 1,549,100.00 4,759,300.00 2,870,600.00 220,200.00 36,700.00 2,494,610.00|

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ITEM NO. SUPPLIES/SERVICES SCHEDULE Continued QUANTITY UNIT UNIT PRICE AMOUNT 1007 1008 Accounting and Appropriation Data: 9700100.4400 1102A9 25201 S49205 CCXX 16P1011 $2,494,610.00 Period of Performance: 09/22/2009 to 12/21/2010 Additional Travel Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 25201 S49205 CCXX 16P1011 1106 610000 $18,300.00 Period of Performance: 09/22/2009 to 12/21/2010 UNUSED - This line item is unused but must remain part of the contract to insure proper accounting information is aligned to revised CLINS. Original 0001 from PR Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 25201 S49205 CCXX 16P101T1 1.00 LO 18,300.00 18,300.00 1.00 LO 0.00 0.00 1009 UNUSED - This line item is unused but must remain part of the contract to insure proper accounting information is aligned to revised CLINS. Original 0002 from PR Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 25201 S49205 CCXX 16P1011 1106 610000 $0.00 1.00 LO 0.00 0.00 PAGE 5 OF 59 HHM402-08-C-0072

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Table of Contents 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2008) . 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2007) . 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2008) ...... 52.232-1 PAYMENTS (APR 1984) .. 52.232-25 PROMPT PAYMENT (OCT 2003) 52.233-1 DISPUTES (JUL 2002) ...... 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984) 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) 12 12 12 12 12 SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS. B.1 52.227-17 RIGHTS IN DATA-SPECIAL WORKS (DEC 2007) 13 13 SECTION E INSPECTION AND ACCEPTANCE.. E.1 252.211-7004 ALTERNATE PRESERVATION, PACKAGING, AND PACKING (DEC 1991) 14 14 SECTION F DELIVERIES OR PERFORMANCE. F.1 F .2 52.247-29 F.O.B. ORIGIN (FEB 2006) ... 52.247-34 F.O.B. DESTINATION (NOV 1991) 15 15 16 SECTION I CONTRACT CLAUSES. 17 I.1 1.2 252.203-7000 1252.203-7000) [RESERVED] 17 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2004) ... 17 I. 3 1.4 I. 5 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) .. 17 252.211-7000 ACQUISITION STREAMLINING (DEC 1991) • 18 252.211-7001 AVAILABILITY OF SPECIFICATIONS, STANDARDS, DATA ITEM DESCRIPTIONS NOT LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST), AND PLANS, DRAWINGS, AND OTHER PERTINENT DOCUMENTS (MAY 2006) ....... 18 I. 6 252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC 1991) .18 I.7 1. 8 1. 9 1.10 1.11 1.12 1.13 I.14 I.15 I.16 I.17 252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008) . .18 252.211-7004 ALTERNATE PRESERVATION, PACKAGING, AND PACKING (DEC 1991) 21 252.211-7006 RADIO FREQUENCY IDENTIFICATION (FEB 2007) . 21 252.219-7001 (252.219-7001) [RESERVED] 23 252.219-7002 {252.219-7002} [RESERVED] 23 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (APR 2007) 23 252.219-7005 (252.219-7005) (RESERVED) 24 252.219-7006 (252.219-7006} (RESERVED) 24 252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JUN 2005) . 24 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003) .. 25 252.225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM COMMUNIST CHINESE MILITARY COMPANIES (SEP 2006) . ..25 1.18 1.19 1.20 I.21 1.22 1.23 I. 24 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (MAR 2008) . 25 252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS (JUN 2005) . . 26 252.225-7015 RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (JUN 2005) 26 252.233-7000 1252.233-7000} [RESERVED]. 26 252.242-7002 {252.242-7002) [RESERVED] 26 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) . . 26 52.203-1 (52.203-1) [RESERVED]...... 27 PAGE 6 OF 59 HHM402-08-C-0072

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Table of Contents I .25 1.26 1.27 I.28 I .29 1.30 I.31 1.32 1.33 I.34 1.35 1.36 1.37 1.38 1.39 1.40 I.41 I.42 1.43 1.44 I.45 1.46 1.47 I.48 1.49 I. 50 I.51 1.52 1.53 1.54 I. 55 1.56 1.57 1.58 1.59 1.60 I. 61 I. 62 1.63 1.64 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) . 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) . 52.203-3 GRATUITIES (APR 1984) ...... 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) ... 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995) • 52.203-9 (52.203-9) [RESERVED]...... 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) . 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004) . 52.216-18 ORDERING (OCT 1995) ... ... 52.216-19 ORDER LIMITATIONS (OCT 1995) 52.216-20 DEFINITE QUANTITY (OCT 1995) 52.216-21 REQUIREMENTS (OCT 1995) ... 52.216-22 INDEFINITE QUANTITY (OCT 1995) 52.219-13 (52.219-13) [RESERVED].... 52.219-16 LIQUIDATED DAMAGES --SUBCONTRACTING PLAN (JAN 1999) . 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) . 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) .. 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (DEC 1996) 52.222-26 EQUAL OPPORTUNITY (MAR 2007) 52.222-28 (52.222-28) [RESERVED]..... 52.222-3 CONVICT LABOR (JUN 2003) ... 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, OTHER ELIGIBLE VETERANS. [SEP 2006] - 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, OTHER ELIGIBLE VETERANS (SEP 2006) . • 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2002) . 52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2007) 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003) . 52.232-17 INTEREST (JUN 1996) ....... 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) . 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS (MAR 2000) ... 52.233-1 DISPUTES (JUL 2002) ........ 52.242-10 (52.242-10) [RESERVED]..... 52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) 52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAR 2001) 52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS OR DESIGN CRITERIA (MAR 2001) .. 52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006) 27 27 • 30 30 30 • 31 31 31 32 34 .34 . 35 35 . 36 36 36 37 37 38 42 ..43 . 43 44 44 AND 45 . 47 AND 47 48 49 50 52 53 53 53 . 54 55 55 56 57 59 PAGE 7 OF 59 HHM402-08-C-0072

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CLAUSES 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2008) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207) • (4) 252.225-7001, Buy American Act and Balance of Payments Program (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or (1) 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416) • (2) 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637) . (3) 252.219-7004, Small Business Subcontracting Plan (Test Program) (APR 2007) (15 U.S.C. 637 Note) . (JUN 2005) (41 U.S.C. 10a-10d, E.0. 10582) • (5) 252.225-7012, Preference for Certain Domestic Commodities (MAR Bearings (MAR 2006) (Section 8065 of Pub. L. 107-117 and the (6) 252.225-7014, Preference for Domestic Specialty Metals (JUN (10 U.S.C. 2533a) . (7) 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a) . (8) 252.225-7016, Restriction on Acquisition of Ball and Roller same restriction in subsequent DoD appropriations acts. (9) 252.225-7021, Trade Agreements (MAR 2007) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note) . (10) 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779) . (41 U.S.C. 10a-10d abd 19 U.S.C. 3301 note). (11) 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755) . (1) 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (MAR 2007) (ii) (Alternate I) (OCT 2006) of 252.225-7036. (13) 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534 (a) (3)) . (14) 252.226-7001, Utilization of Indian Organizations Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts) . (15) 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320) . (16) 252.227-7037, Validation of Restrictive Markings on Technical (18) 252.237-7019, Training for Contractor Personnel Interacting Data (SEP 1999) (10 U.S.C. 2321) . (17) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227) . with Detainees (SEP 2006) (Section 1092 of Public Law 108-375) . (19) 252.243-7002 Requests for Equitable Adjustment (MAR 1998) (10 U.s.C. 2410) . (i) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) . (ii) Alternate I (MAR 2000) of 252-247-7023. (21) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.225-7014, Preference for Domestic Speciality Metals, PAGE 8 OF 59 HHM402-08-C-0072

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Alternate I (APR 2003) (10 U.S.C. 2533a) . (2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375) . (3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) . (4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) . (End of clause) (iv) Alternate III (MAR 2000) of 252-247-7023. (iii) Alternate II (MAR 2000) of 252-247-7023. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2007) (Reference 52.212-4) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2008) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553) . (2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) • (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402) . (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a) . (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a) . (4) [Reserved] (5) (1) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644) . (ii) Alternate I (Oct 1995) of 52.219-6. (iii) Alternate II (Mar 2004) of 52.219-6. (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644) . (ii) Alternate I (Oct 1995) of 52.219-7. (iii) Alternate II (Mar 2004) of 52.219-7. (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.s.c. 637(d) (2) and (3)) . (8) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d) (4) . (ii) Alternate I (Oct 2001) of 52.219-9. (iii) Alternate II (Oct 2001) of 52.219-9. (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637 (a) (14)) . (10) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637 (d) (4) (F) (i)) . (11 ) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so Disadvantaged Status and Reporting (Apr 2008) (Pub. L. indicate in its offer). (ii) Alternate I (June 2003) of 52.219-23. (12) 52.219-25, Small Disadvantaged Business Participation Program- 7102, and 10 U.S.C. 2323) • 103-355, section 7102, PAGE 9 8F 595 4нм402-08-C-0072

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(13) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f) . (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632 (a) (2)) • (16) 52.222-3, Convict Labor (June 2003) (E.0. 11755) • (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies Veterans of the Vietnam Era, and Other Eligible Veterans (Feb 2008) (E.0. 13126) • (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) • (19) 52.222-26, Equal Opportunity (Apr 2002) (E.0. 11246) • (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, (22) 52.222-37, Employment Reports on Special Disabled Veterans, (Sept 2006) (38 U.S.C. 4212) • (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793) . Union Dues or Fees (Dec 2004) (E.0. 13201) . Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) . (23) 52.222-39, Notification of Employee Rights Concerning Payment of (24) (1) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts) • (11) Alternate I (Aug 2007) of 52.222-50. (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962 (c) (3) (A) (ii)) . (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962 (i) (2) (C)) . (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) • (27) (i) 52.223-16, IEEE 1680 Standard for the Environmental (28) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. Assessment of Personal Computer Products (Dec 2007) (E.0. 13423) • (ii) Alternate I (Dec 2007) of 52.223-16. 10a-10d) . (29) Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 (i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169. (ii) Alternate I (Jan 2004) of 52.225-3. (iii) Alternate II (Jan 2004) of 52.225-3. (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seg., 19 U.S.C. 3301 note). (31) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.0. 's, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) . (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2007) (42 U.S.C. 5150) . (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150) . (Feb 2002) (41 U.S.C. 255 (f), 10 U.S.C. 2307 (f) ) • (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255 (f), 10 U.S.C. 2307(E) ) . (36) 52.232-33, Payment by Electronic Funds Transfer-Central (37) 52.232-34, Payment by Electronic Funds Transfer-Other than Contractor Registration (Oct 2003) (31 U.S.C. 3332) . Central Contractor Registration (May 1999) (31 U.S.C. 3332) . (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332) . (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.s.c. Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241 (b) and PAGE 10 OF 59 HHM402-08-C-0072

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552a) . (40 ) (1) 52.247-64, Preference for Privately Owned U.S.-Flag (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 10 U.S.C. 2631) • (ii) Alternate I (Apr 1984) of 52.247-64. (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) . (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.) . (3) 52.222-43, Fair Labor Standards Act and Service Contract Act- Price Adjustment (Multiple Year and Option Contracts) (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seg.) . (4) 52.222-44, Fair Labor Standards Act and Service Contract Act- Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seg.) . (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) 16) 52.222-33 Exemp350 tom Application of the Service Contract Act Contracts fro Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seg.) . (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.s.c. 5112 (p) (1)) • (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records- Negotiation. (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii of this paragraph in a subcontract for commercial otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637 (d) (2) and (3)) , in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (i1) 52.222-26, Equal Opportunity (Mar 2007) (E.0. 11246) . (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) . (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793) . (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201) . (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seg.) . (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor PAGE 11 OF 59 HHM402-08-C-0072

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to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) . (x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241 (b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (End of Clause) (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.232-1 PAYMENTS (APR 1984) (Reference 52.232-1) 52.232-25 PROMPT PAYMENT (OCT 2003) (Reference 52.232-25) 52.233-1 DISPUTES (JUL 2002) (Reference 52.233-1) 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers'' parts. This clause takes precedence over any Government inspection and testing required in the contract''s specifications, except for specialized inspections or tests specified to be performed solely by the Government. 52.246-16 (End of Clause) RESPONSIBILITY FOR SUPPLIES (APR 1984) (Reference 52.246-16) PAGE 12 OF 59 HHM402-08-C-0072

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SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS B.1 52.227-17 RIGHTS IN DATA--SPECIAL WORKS (DEC 2007) (a) Definitions. As used in this clause-- "Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental administration, such as financial, administrative, cost or pricing, or management information. "Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. (b) Allocation of Rights. (1) The Government shall have-- (i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause. (ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c) (1) of this clause. The right to limit the release and use of certain data in accordance with paragraph (d) of this clause. (2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c) (1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract. (c) Copyright -- (End of clause) (1) Data first produced in the performance of this contract. (i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when delivered to the Government, as well are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf Government. (ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c) (1) (i) of this clause, the Contracting shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c) (d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in of this contract, nor others to do so, without written permission of the Contracting Officer. Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor#s consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the incorporated in data to which this clause PAGE 13 OF 59 HHM402-08-C-0072

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SECTION E INSPECTION AND ACCEPTANCE 252.211-7004 ALTERNATE PRESERVATION, PACKAGING, AND PACKING (DEC 1991) (a) The Offeror may submit two unit prices for each item--one based on use of the military preservation, packaging, or packing requirements of the solicitation; and an alternate based on use of commercial or industrial preservation, packaging, or packing of equal or better protection than the military. (b) If the Offeror submits two unit prices, the following information, as a minimum, shall be submitted with the offer to allow evaluation of the alternate-- (1) The per unit/item cost of commercial or industrial preservation, packaging, and packing; (2) The per unit/item cost of military preservation, packaging, and packing; (3) The description of commercial or industrial preservation, packaging, and packing procedures, including material specifications, when applicable, to include-- (viii) Unit container; (i) Method of preservation; (ii) Quantity per unit package; (iii) Cleaning/drying treatment; (iv) Preservation treatment; (v) Wrapping materials; (vi) Cushioning/dunnage material; (vii) Thickness of cushioning; (ix) Unit package gross weight and dimensions; (x) Packing; and (xi) Packing gross weight and dimensions; and (4) Item characteristics, to include-- (i) Material and finish; (ii) Net weight; (iii) Net dimensions; and (iv) Fragility. (c) If the Contracting Officer does not evaluate or accept the Offeror's proposed alternate commercial or industrial preservation, packaging, or packing, the Offeror agrees to preserve, package, or pack in accordance with the specified military requirements. (End of provision) PAGE 14 OF 59 HHM402-08-C-0072

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SECTION F DELIVERIES OR PERFORMANCE F.1 52.247-29 F.O.B. ORIGIN (FEB 2006) (a) The term "f.o.b. origin," as used in this clause, means free of expense to the Government delivered-- (1) On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a designated point in the city, county, and State from which the shipment will be made and from which line-haul transportation service (as distinguished from switching, local drayage, or other terminal service) will begin; (2) To, and placed on, the carrier''s wharf (at shipside, within reach of the ship''s loading shipping point is within a port transportation service) or the carrier''s freight station; (3) To a U.S. Postal Service facility; or (4) If stated in the solicitation, to any Government designated point located within the same city or commercial zone as the f.o.b. origin point specified in the contract (the Federal Motor Carrier Safety Administration prescribes commercial zones at Subpart B of 49 CFR part 372) - (b) The Contractor shall-- (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge; (1) (i) Pack and mark the shipment to comply with contract specifications; or (i) Order specified carrier equipment when requested by the Government; or (ii) If not specified, order appropriate carrier equipment not in excess of capacity to (3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier''s conveyance as required by carrier rules and regulations; (4) Be responsible for any loss of and/or damage to (i) Occurring before delivery to the carrier; (ii) Resulting from improper packing and marking; or (i) A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are applicable; (iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor on or in the carrier''s conveyance; (5) Complete the Government bill of lading supplied by the ordering agency or, when a Government bill of lading is not supplied, prepare a commercial bill of lading or other transportation receipt. (ii) The seals affixed to the conveyance with their serial numbers or other identification; (iii) Lengths and capacities of cars or trucks ordered and furnished; (6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency. (iv) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and ZIP code of consignee, routing, etc.; (v) Special instructions or annotations requested by the ordering agency for commercial bills of lading; e.g., "This shipment is the property of, and the freight charges paid to the carrier (s) will reimbursed by, the Government"; and (vi) The signature of the carrier''s agent and the date the shipment is received by the (c) These Contractor responsibilities are specified for performance at the plant or plants at which the supplies are to be finally inspected and accepted, unless the facilities for shipment by carrier''s equipment are not available at the Contractor''s plant, in which case the responsibilities shall be performed f.o.b. the point or points in the same or nearest city where the specified carrier''s facilities are available; subject, however, to the following qualifications: (1) If the Contractor''s shipping plant is located in the State of Alaska or Hawaii, the Contractor shall deliver the supplies listed for shipment outside Alaska or Hawaii to the port of loading in Alaska or Hawaii, respectively, as specified in the contract, at Contractor''s expense, and to that extent the contract shall be "f.o.b. destination." (2) Notwithstanding paragraph (c) (1) of this clause, if the Contractor''s shipping plant is located in the State of Hawaii, and the contract requires delivery to be made by container service, the Contractor shall deliver the supplies, at the Contractor''s expense, to the container yard in the same or nearest city where seavan container service is available. PAGE 15 OF 59 HHM402-08-C-0072

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(End of Clause) F.2 52.247-34 F.O.B. DESTINATION (NOV 1991) (a) The term "f.o.b. destination," as used in this clause, means-- (1) Free of expense to the Government, on board the carrier''s conveyance, at a specified delivery point where the consignee''s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (b) The Contractor shall-- (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (2) Supplies shall be delivered to the destination consignee''s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. (End of Clause) PAGE 16 OF 59 HHM402-08-C-0072

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SECTION I CONTRACT CLAUSES I.1 252.203-7000 (252.203-7000) [RESERVED] 1.2 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2004) (a) "Definitions." As used in this clause-- (1) "Arising out of a contract with the DoD" means any act in connection with-- (1) Attempting to obtain; (ii) Obtaining; or (iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of Defense (DoD) • (2) "Conviction of fraud or any other felony" means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which sentence has been imposed. (3) "Date of conviction" means the date judgment was entered against the individual. (2) On the board of directors of the Contractor; (3) As a consultant, agent, or representative for the (b) Any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract with the DoD is prohibited from serving-- (1) In a management or supervisory capacity on this contract; Contractor; or (4) In any other capacity with the authority to influence, advise, or control the decisions of the Contractor with paragraph (b) of this clause; or the contractor or first-tier subcontractor. regard to this contract. (c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the date of conviction. (d) 10 U.S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 if convicted of (1) Employing a person under a prohibition specified in (2) Allowing such a person to serve on the board of directors of (e) In addition to the criminal penalties contained in 10 U.S.C. 2408, the Government may consider other available remedies, such as-- (f) The Contractor may submit written requests for waiver of the prohibition in paragraph (b) of this clause to the Contracting Officer. Requests shall clearly identify-- (1) Suspension or debarment; (2) Cancellation of the contract at no cost to the Government; or (3) Termination of the contract for default. (1) The person involved; (2) The nature of the conviction and resultant sentence or (4) An explanation of why a waiver is in the interest of punishment imposed; (3) The reasons for the requested waiver; and (g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and relationship of the parties, in all first-tier subcontracts exceeding simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation, except those for commercial items or components. (h) Pursuant to 10 U.S.C. 2408 (c), defense contractors and subcontractors may obtain information as to whether a particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by contacting The Office of Justice Programs, The Denial of Federal Benefits Office, U.S. Department of Justice, telephone (301) 809-4904. (End of clause) 1.3 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) (a) "Definition." "Cooperative agreement holder" means a State or local government; a private, nonprofit organization; a tribal organization (as defined in section 4(c) of the Indian Self- PAGE 17 OF 59 HHM402-08-C-0072

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Determination and Education Assistance Act (Pub. L. 93-268; 25 U.S.C. 450 (c))); or an economic enterprise (as defined in section 3(e) of the Indian Financing Act of 1974 (Pub. L. 93-362; 25 U.S.C. 1452 (e) )) whether such economic enterprise is organized for profit or nonprofit purposes; which has an agreement with the Defense Logistics Agency to furnish procurement technical assistance to business entities. (End of clause) of each employee or office. (c) The Contractor need not provide the listing to a particular cooperative agreement holder more frequently than once a year. I.4 252.211-7000 ACQUISITION STREAMLINING (DEC 1991) (a) The Government's acquisition streamlining objectives are to-- (1) Acquire systems that meet stated performance requirements; (2) Avoid over-specification; and (3) Ensure that cost-effective requirements are included in future acquisitions. (b) The Contractor shall-- (1) Prepare and submit acquisition streamlining recommendations in accordance with the statement of work of this contract; and (2) Format and submit the recommendations as prescribed by data requirements on the contract data requirements list of this contract. (c) The Government has the right to accept, modify, or reject the Contractor's recommendations. (d) The Contractor shall insert this clause, including this paragraph (d), in all subcontracts over $1 million, awarded in the performance of this contract. (End of clause) I.5 252.211-7001 AVAILABILITY OF SPECIFICATIONS, STANDARDS, DATA ITEM DESCRIPTIONS NOT LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST), AND PLANS, DRAWINGS, AND OTHER PERTINENT DOCUMENTS (MAY 2006) Offerors may obtain the specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation by submitting a request to: Include the number of the solicitation and the title and number of the specification, standard, plan, drawing, or other pertinent document. (End of provision) I.6 252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC 1991) The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location: (End of provision) 1.7 252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008) (a) "Definitions." As used in this clause-- (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or "Enterprise" means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. "Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. "Concatenated unique item identifier" means-- (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. PAGE 18 OF 59 HHM402-08-C-0072

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"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. "DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by Dod. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html. "DoD unique item identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier, and a unique For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier include the data elements of the enterprise identifier, the original part, lot, or batch number, and the serial number. "Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing "Government's unit acquisition cost" (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government for each item at the time of delivery; and (3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery. "Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. "Issuing agency" means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, or Defense Logistics Information System (DLIS) Commercial and Government Entity (CAGE) "Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier. "Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. "Lot or batch number" means an identifying number assigned by the enterprise to a designated of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. "Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. "Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identificationi equivalent. "Serial number within the enterprise identifier" or "unique serial number" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. "Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment. "Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. "Serialization within the part, lot, or batch number™ means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. "Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier of a DoD recognized unique identification equivalent. "Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html. (c) Unique item identifier. (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. (1) The Contractor shall provide a unique item identifier for the following: (i) All delivered items for which the Government's unit acquisition cost is $5,000 or more. (i1) The following items for which the Government's unit acquisition cost is less than $5, 000: PAGE 19 OF 59 HHM402-08-C-0072

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Contract Line, Subline, or Exhibit Line Item Number Item Description (iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number (2) The unique item identifier and the component data elements of the DoD unique item identification shall not change over the life of the item. (3) Data syntax and semantics of unique identifiers. The Contractor shall ensure that-- (i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology # EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (B) Data Identifiers (DIs) 15434), in accordance with ISO/IEC International Standard 15418, Information Technology # EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and DRea Date rationa standard (11) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology # Transfer Syntax for High Capacity Automatic Data Capture Media. (4) Unique item identifier. (i) The Contractor shall-- (1) Serialize within the enterprise identifier; (A) Determine whether to-- (2) Serialize within the part, lot, or batch number; or (3) Use a DoD recognized unique identification equivalent; and (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c) (1) of this clause, based on the criteria provided in the version of MIL-STD-130, Identification Marking of U.S. Military Property, cited in the contract Schedule. (d) For each item that requires unique item identication under paragraph (c) of this clause, in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of, or associated with, the Material Inspection and Receiving Report, the following (1) Unique item identifier. (2) Unique item identifier type. (3) Issuing agency code (if concatenated unique item identifier is used) . (4) Enterprise identifier (if concatenated unique item identifier is used). (5) Original part number (if there is serialization within the original part number). (6) Lot or batch number (if there is serialization within the lot or batch number). (7) Current part number (optional and only if not the same as the original part number). (8) Current part number effective date (optional and only if current part number is used) . (9) Serial number (if concatenated unique item identifier is used) . (10) Government's unit acquisition cost. (e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c) (1) (iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the information: (1) Unique item identifier of the parent item under paragraph (c) (1) of this clause that contains the embedded subassembly, component, or part. (2) Unique item identifier of the embedded subassembly, component, or part. (3) Unique item identifier type.++ (ii) The issuing agency code-- (A) Shall not be placed on the item; and (B) Shall be derived from the data qualifier for the enterprise identifier. rom the late qualitie for the ang (4) Issuing agency code (if concatenated unique item identifier is used) . ++ (5) Enterprise identifier (if concatenated unique item identifier is used).++ PAGE 20 OF 59 HHM402-08-C-0072

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(6) Original (7) Lot or batch number (if there is serialization within the lot or (8) Current part number (optional and only if not the same as the original part number).++ (9) Current part number effective date (optional and only if current (10) Serial number (if concatenated unique item identifier is used) .++ (11) Description. ++ Once per item. (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.a cq.osd.mil/dpap/pdi/uid/ data_submission_information.html. (g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which unique item identification is required in accordance with paragraph (c) (1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract (s) • (End of clause) I.8 252.211-7004 ALTERNATE PRESERVATION, PACKAGING, AND PACKING (DEC 1991) (a) The Offeror may submit two unit prices for each item--one based on use of the military preservation, packaging, requirements of the solicitation; and an alternate based on use commercial or industrial preservation, packaging, or packing of equal or better protection than the military. (b) If the Offeror submits two unit prices, the following information, as a minimum, shall be submitted with the offer to allow evaluation of the alternate -- (1) The per unit/item cost of commercial or industrial preservation, packaging, and packing; (2) The per unit/item cost of military preservation, packaging, and packing; (3) The description of commercial or industrial preservation, packaging, and packing procedures, including material specifications, when applicable, to include-- (i) Method of preservation; (ii) Quantity per unit package; (iii) Cleaning/drying treatment; (iv) Preservation treatment; (v) Wrapping materials; (vi) Cushioning/dunnage material; (vii) Thickness of cushioning; (viii) Unit container; (ix) Unit package gross weight and dimensions; (x) Packing; and (xi) Packing gross weight and dimensions; and (4) Item characteristics, to include-- (ii) Net weight; (iii) Net dimensions; and (iv) Fragility. (c) If the Contracting Officer does not evaluate or accept the Offeror's proposed alternate commercial or industrial preservation, packaging, or packing, the Offeror agrees to preserve, package, or pack in accordance with the specified military requirements. provision) 1.9 252.211-7006 RADIO FREQUENCY IDENTIFICATION (FEB 2007) (a) Definitions. As used in this clause- "Advance shipment notice" means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment. "Bulk commodities" means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines: (1) Sand. (2) Gravel. (3) Bulk liquids (water, chemicals, or petroleum products) . (4) Ready-mix concrete or similar construction materials. (5) Coal or combustibles such as firewood. (6) Agricultural products such as seeds, grains, or animal feed. PAGE 21 OF 59 HHM402-08-C-0072

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"Case" means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container. (2) Beginning March 1, 2007, the only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal Class 1 Generation 2 specification. Class 0 and Class 1 Generation 1 tags will no longer be accepted after February 28, 2007. "Electronic Product Code# (EPC) " means an identification scheme for universally identifying physical objects via RFID tags and other means. The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. data standards will define the length and position of this data, without defining its content. "EPCglobal#" means a joint venture between EAN International and the Uniform Code Council to establish and support the EPC network as the global standard for immediate, automatic, and accurate identification of any item in the supply chain of any company, in any industry, anywhere in the (i) EPC Class 0 passive RFID tags that meet the EPCglobal Class 0 specification; and (ii) EPC Class 1 passive RFID tags that meet the EPCglobal Class 1 specification. includes both the Generation 1 and Generation 2 Class 1 specifications. "Exterior container" means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container. "Palletized unit load" means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner strapped, or fastened on the pallet so that the whole handled as a single unit. A palletized or skidded load is not considered to a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets. means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. (1) Until February 28, 2007, the cceptable tags are- "Radio Frequency Identification (RFID)" automatic identification and data capture technology comprising one or more reader/interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers. (1) Except as provided in paragraph (b) (2) of this clause, the Contractor shall affix passive RFID tags, at the case and palletized unit load packaging levels, for shipments of items that- (E) Class VI - Personal demand items (non-military sales items) . "Shipping container" means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes) . (1) Are in any of the following classes of supply, as defined in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11: (A) Subclass of Class I - Packaged operational rations. (B) Class II - Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and (C) Class IIIP - Packaged petroleum, lubricants, oils, preservatives, chemicals, and (D) Class IV - Construction and barrier materials (A) Defense Distribution Depot, Susquehanna, PA: DODAAC W25GlU or SW3124; or (F) Subclass of Class VIII - Medical materials (excluding pharmaceuticals, biologicals, and reagents -- suppliers should limit the mixing of excluded and non-excluded materials). (G) Class IX - Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical- peculiar repair parts; and (ii) Are being shipped to any of the following locations: (B) Defense Distribution Depot, San Joaquin, CA: DoDAAC W62G2T or SW3224. (C) Defense Distribution Depot, Albany, GA: (D) Defense Distribution Depot, Anniston, AL: DoDAAC W311Z or SW3120. (E) Defense Distribution Depot, Barstow, CA: DODAAC SW3215. (F) Defense Distribution Depot, Cherry Point, NC: DoDAAC SW3113. (G) Defense Distribution Depot, Columbus, OH: (H) Defense Distribution Depot, Corpus Christi, TX: DoDAAC W45H08 or SW3222. PAGE 22 OF 59 HHM402-08-C-0072

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(I) Defense Distribution Depot, Hill, UI: DoDAAC SW3210. (Q) Defense Distribution Depot, Tobyhanna, PA: DODAAC W25G1W or SW3114. (J) Defense Distribution Depot, Jacksonville, FL: DODAAC SW3122. (K) Defense Distribution Depot, Oklahoma City, OK: DoDAAC SW3211. (L) Defense Distribution Depot, Norfolk, VA: DODAAC SW3117. (M) Defense Distribution Depot, Puget Sound, WA: DODAAC SW3216. (N) Defense Distribution Depot, Red River, TX: DODAAC W45G19 or SW3227. (0) Defense Distribution Depot, Richmond, VA: DoDAAC SW0400. (P) Defense Distribution Depot, San Diego, CA: DoDAAC SW3218. (R) Defense Distribution Depot, Warner Robins, GA: DoDAAC SW3119. (S) Air Mobility Command Terminal, Charleston Air Force Base, Charleston, SC: Air Terminal Identifier Code CHS. (T) Air Mobility Command Terminal, Naval Air Station, Norfolk, VA: Air Terminal Identifier (U) Air Mobility Command Terminal, Travis Air Force Base, Fairfield, CA: Air Terminal Identifier Code SUU. ] (V) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1. (2) The following are excluded from the requirements of paragraph (b) (1) of this clause: (i) Shipments of bulk commodities. (ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.21301, Fast Payment Procedures. (c) The Contractor shall ensure that- (1) Ensure that the data encoded on each passive RFID tag are unique (i.e., the binary number is never repeated on any and all contracts) and conforms to the requirements in paragraph (d) of this clause; (2) Use passive tags that are readable; and (3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications. (d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC# Tag Data Standards in effect at the time of contract award. The EPC# Tag Data Standards are available at http://www.epcglobalinc.org/standards/ . (1) If the Contractor is an EPCglobal subscriber and possesses a unique EPC# company prefix, the Contractor may use any of the identity types and encoding instructions described in the most recent EPC Tag Data Standards document to encode tags. (2) If the Contractor chooses to employ the DoD Identity Type, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) Code and shall encode the tags in accordance with the tag identity type details located at http://www.acq.osd.mil/log/rfid/ tag_data.htm. If the Contractor uses a third party packaging house to encode its tags, the CAGE code of the third party packaging house is acceptable. (3) Regardless of the selected encoding scheme, the Contractor is responsible for ensuring that each tag contains a globally unique identifier. (e) Receiving report. The Contractor shall electronically submit advance shipment notice (s) with the RFID tag identification (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at http: //www.acq.osd.mil/log/rfid/advance_shipment_ntc.htm. (End of clause) I.10 252.219-7001 (252.219-7001) [RESERVED] 1.11 252.219-7002 (252.219-7002) [RESERVED] 1.12 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (APR 2007) This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract. (a) "Definitions." "Historically black colleges and universities," as used in this clause, means institutions determined by the Secretary of Education to meet the requirements of 34 CFR Section 608.2. The term also means any nonprofit research institution that was an integral part of such a college or university before November 14, 1986. "Minority institutions," as used in this clause, means institutions meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5 (3)) . The term also includes Hispanic-serving institutions as defined in Section 316(b) (1) of such Act (20 U.S.C. 1059c (b) (1)) . (b) Except for company or division-wide commercial items subcontracting plans, the term "small disadvantaged business," when used in the FAR 52.219-9 clause, includes historically black colleges and universities and minority institutions, in addition to small disadvantaged business concerns. PAGE 23 OF 59 HHM402-08-C-0072

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(c) Work under the contract or its subcontracts shall be credited toward meeting the small disadvantaged business concern goal required by paragraph (d) of the FAR 52.219-9 clause when: (1) It is performed on Indian lands or in joint venture with an Indian tribe or a tribally-owned corporation, and (2) It meets the requirements of 10 U.S.C. 2323a. the severely handicapped; and (d) Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are Blind or Severely Disabled (41 U.S.C. 46-48), may be counted toward the Contractor's small business subcontracting goal. (e) A mentor firm, under the Pilot Mentor-Protege Program established under Section 831 of Pub. L. 101-510, as amended, may count toward its small disadvantaged business goal, subcontracts (1) Protege firms which are qualified organizations employing (2) Former protege firms that meet the criteria in Section 831 (g) (4) of Pub. L. 101-510. (f) The master plan approval referred to in paragraph (f) of the FAR 52.219-9 clause is approval by the Contractor's cognizant contract administration activity. (g) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small businesses for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable. I.13 252.219-7005 (252.219-7005) (RESERVED) 1.14 252.219-7006 (252.219-7006) (RESERVED) I.15 252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JUN 2005) (a) "Definitions." As used in this clause-- (1) "Component" an article, material, or supply incorporated directly into an end product. product" means-- (i) An unmanufactured end product that has been mined or produced in the United States; or (ii) An end product manufactured in the United States if the cost of its qualifying and its components that are mined, produced, or manufactured in the United percent of the cost of all its components. The cost of components includes transportation costs to the place of incorporation into the end product and U.S. duty (whether or not a duty-free entry certificate is issued). Scrap generated, collected, and prepared for processing in the United States is considered domestic. A component is considered to have been mined, produced, or manufactured in the United States (regardless of its source in fact) if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind for which the Government has determined that-- (A) Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United States; or (4) "Foreign end product" means an end product other than a domestic end product. (B) It is inconsistent with the public interest to apply the restrictions of the Buy American (3) "End product" means those articles, materials, and supplies to be acquired under this contract for public use. (5) "Qualifying country" means any country set forth in subsection 225.872-1 of the Defense Federal Acquisition Regulation Supplement (DFARS) . (6) "Qualifying country component" means a component mined, produced, or manufactured in a qualifying country. (A) Components mined, produced, or manufactured in a qualifying country. (7) "Qualifying country end product" means-- (i) An unmanufactured end product mined or produced in a qualifying country; or (ii) An end product manufactured in a qualifying country if the cost of the following types of components exceeds 50 percent of the cost of all its (B) Components mined, produced, or manufactured in the United States. (C) Components of foreign origin of a class or kind for which the Government has determined sufficient and reasonably available commercial quantities of a satisfactory quality are not produced, or manufactured in the United States. This clause implements the Buy American Act (41 U.S.c. Section 10a-d). Unless otherwise specified, this clause applies to all line items in the contract. PAGE 24 OF 59 HHM402-08-C-0072

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(c) The Contractor shall deliver only domestic end products unless, in its offer, it specified delivery of other end products in the Buy American Act --Balance of Payments Program Certificate provision of the solicitation. If the Contractor certified in its offer that it will deliver a qualifying country end product, the Contractor shall deliver a qualifying country end product or, at the Contractor's option, a domestic end product. (End of clause) (8) "United States" means the 50 states, the District of Columbia, and outlying areas. (d) The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry. 1.16 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003) (a) "Definition." "Qualifying country," as used in this clause, means any country set forth in subsection 225.872-1 of the Defense Federal Acquisition Regulation (FAR) Supplement. (b) Subject to the restrictions in section 225.872 of the Defense FAR Supplement, the Contractor shall not preclude qualifying country sources or U.S. sources from competing for subcontracts under this contract. (End of clause) 1.17 252.225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM COMMUNIST CHINESE MILITARY COMPANIES (SEP 2006) (a) Definitions. As used in this clause-- "Communist Chinese military company" means any entity that is-- (1) A part of the commercial or defense industrial base of the People's Republic of China; or (2) Owned or controlled by, or affiliated with, an element of the Government or armed forces of the People's Republic of China. "United States Munitions List" means the munitions list of the International Traffic in Arms Regulation in 22 CFR Part 121. (b) Any supplies or services covered by the United States Munitions List that are delivered under this contract may not be acquired, directly or indirectly, from a Communist Chinese military company. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts for items covered by the United States Munitions List. (End of clause) 1.18 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (MAR 2008) (a) "Definitions." As used in this clause-- (1) "Component" means any item supplied to the Government as part of an end product or of another component. (2) "End product" means supplies delivered under a line item of this contract. (b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been been grown, reprocessed, reused, or produced in the United States, its possessions, or Puerto Rico: (4) Cotton and other natural fiber products. (2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia. (3) Tents, tarpaulins, or covers. (5) Woven silk or woven silk blends. (6) Spun silk yarn for cartridge cloth. (7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics. (ii) Does not exceed the simplified acquisition threshold in FAR Part 2; (8) Canvas products. (9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). (10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed in this paragraph (b) • orate it i deral supply (c) This clause does not apply-- PAGE 25 OF 59 HHM402-08-C-0072

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(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices; (2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool-- (i) Is not more than 10 percent of the total price of the end product; and and byproducts of cotton or wool fiber for use in the production of propellants and explosives; (ii) The fibers and yarns are para-aramid fibers and yarns manufactured in the Netherlands. (4) To foods that have been manufactured or processed in the United States, its possessions, or Puerto Rico, regardless of where the foods (and any component if applicable) were grown or produced, except that this clause does apply to fish, shellfish, or seafood manufactured or the United States and fish, shellfish, or seafood contained in foods manufactured or processed States; (5) To chemical warfare protective clothing produced in the countries listed in subsection 225.872-1 of the Defense FAR Supplement; or (6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic fabric itself), if-- (i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include-- (A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances) ; (B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/ furs/apparel/findings/ tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia; (C) Upholstered seats (whether for household, office, or other use); and (D) Parachutes (Federal Supply Class 1670); or (End of clause) I.19 252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS (JUN 2005) (a) "Definitions." As used in this clause-- (1) "Qualifying country" means any country listed in subsection 225.872-1 of the Defense Federal Acquisition Regulation Supplement. (2) "Specialty metals" means-- (A) With a maximum alloy content exceeding one or more of the following limits: manganese, percent; silicon, 0.60 percent; or copper, 0.60 percent; or (B) Containing more than 0.25 percent of any of the following elements: aluminum, chromium, columbium, molybdenum, nickel, titanium, tungsten, or vanadium; (11) Metal alloys consisting of nickel, iron-nickel, and cobalt base alloys containing a total of other alloying metals (except iron) in excess of 10 (iv) Zirconium and zirconium base alloys. (iii) Titanium and titanium alloys; or (b) Any specialty metals incorporated in articles delivered under this contract shall be melted in the United States or its outlying area. (c) This clause does not apply to specialty metals-- (1) Melted in a qualifying country or incorporated in an article manufactured in a qualifying country; or (2) Purchased by a subcontractor at any tier. (End of clause) 1.20 252.225-7015 RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (JUN 2005) Hand or measuring tools delivered under this contract shall be produced in the United States or its outlying areas. (End of clause) I.21 252.233-7000 (252.233-7000) [RESERVED] 1.22 252.242-7002 (252.242-7002) [RESERVED] 1.23 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in FAR Part 31 and DEARAGE 266F 59 •HAM402-68-C=0072 the date of this contract, apply.

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(End of Clause) 1.24 52.203-1 (52.203-1) [RESERVED] 1.25 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set Regulation. (b) The price or fee reduction referred to in paragraph (a) of this clause shall be-- (1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award; (2) For cost-plus-incentive-fee contracts, the target specified in the contract at the time notwithstanding any minimum fee or "fee floor" specified in the contract; (3) For cost-plus-award-fee contracts-- (i) The base fee established in the contract at the time of contract award; (ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point. (4) For fixed-price-incentive contracts, the Government (i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or (5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit the Contracting Officer from records or documents in existence prior to the date of the contract award. (End of Clause) (ii) If an immediate adjustment to the contract target price and contract target profit would significant adverse impact on the incentive price revision relationship under the contract, adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price. (c) The Government may, at its election, reduce a prime contractor''s price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the was first definitively priced. (d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are are in addition to any other rights and remedies provided by law or under this 1.26 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) (a) Definitions. As used in this clause-- "Agency" means "executive agency" as defined in Federal Acquisition Regulation (FAR) 2.101. "Covered Federal action" means any of the following actions: (1) Awarding any Federal contract. (2) Making any Federal grant. (3) Making any Federal loan. (4) Entering into any cooperative agreement. "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives. (5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action. PAGE 27 OF 59 HHM402-08-C-0072

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"Local government" a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Officer or employee of an agency" includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment. (2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code. (3) A special Government employee, as defined in section 202, Title 18, United States Code. (4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2. "Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for specified in paragraph (b) of this clause and are permitted by other Federal law. "Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal "Recipient" includes the Contractor and all subcontractors. excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal "Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, or an outlying area of the United States, and multi-State, regional, or interstate entity having governmental duties and powers. (c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions: (b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract. (1) The term appropriated funds does not include profit or fee from a covered Federal action. (2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds. (A) The qualities and characteristics (including individual demonstrations) of the person#s products or services, conditions or terms of sale, and service capabilities; or (1) Agency and legislative liaison by Contractor employees. (i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time. (ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern-- (3) Only those communications and services expressly authorized by paragraphs (c) (1) and (2) of this clause are permitted. (B) The application or adaptation of the person#s products or services for an agency#s use. PAGE 28 OF 59 HHM402-08-C-0072

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(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and (v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments. (2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. (ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (iii) As used in paragraph (c) (2) of this clause, "professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803 (a) (2) (iii)). (iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents. (d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form ILL to provide the name of the lobbying registrants, including the individuals performing the services. (2) If the Contractor Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL. (1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $100,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration. (e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. (2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form. (f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this made allowable under any other provision. (g) Subcontracts. (2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontr act file of the awarding (3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $100, 000. (End of Clause) PAGE 29 OF 59 HHM402-08-C-0072

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1.27 52.203-3 GRATUITIES (APR 1984) (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative-- (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled-- (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c) (2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. (End of Clause) 1.28 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper "Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor''s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts as being able to obtain any Government contract or contracts through improper "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. (End of Clause) 1.29 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) (a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract. (b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. (c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold. (End of Clause) PAGE 30 OF 59 HHM402-08-C-0072

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I.30 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995) (a) "Definitions." "Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. (1) means any person, other than the prime Contractor, who offers to furnish or furnishes supplies, materials, equipment, or entered into in connection with such prime contract, and "Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. "Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States. "Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor. "Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "Subcontractor," as used in this clause, (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause. "Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor. (b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act) , prohibits any person from-- (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of (4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c) (4) (ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c) (4) (i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including paragraph (c) (5) paragraph (c) (1), in all subcontracts under this contract which exceed $100,000. (End of Clause) 1.31 52.203-9 (52.203-9) [RESERVED] I.32 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) PAGE 31 OF 59 HHM402-08-C-0072

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(a) The Government suspends or debars Contractors to protect the Government''s interests. The Contractor shall not enter into any subcontract in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. (b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $30,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal (c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the Excluded Parties List System). The notice must include the following: (1) The name of the subcontractor. (2) The Contractor''s knowledge of the reasons for the subcontractor being in the Excluded Parties List System. (3) The compelling reason (s) for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government''s interests when dealing with such subcontractor in view of the specific basis for the party''s debarment, suspension, or proposed debarment. (End of Clause) 1.33 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004) (a) "Definitions." As used in this provision-- "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer''s discretion, result in the offeror being allowed to revise its proposal. "In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. "Proposal modification" is a change made to a proposal before the solicitation''s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before "Proposal revision" is a change to a proposal made after the request of or as allowed by a Contracting Officer as the result of negotiations. "Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day. (b) "Amendments to solicitations." If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment (s) . (c) "Submission, modification, revision, and withdrawal of (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; (i) addressed to the office specified in the solicitation, and (11) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c) (1) (i) and (c) (1) (ii) of this provision. (2) The first page of the proposal must show-- (i) The solicitation number; (ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available) ; (iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror''s behalf with the Government in connection with this solicitation; and (v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent''s authority, unless that evidence has been previously furnished to the issuing office. (3) "Submission, modification, revision, and withdrawal of proposals." (i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the PAGE 32 OF 59 HHM402-08-C-0072

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solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due. (ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government''s control prior to the time set for receipt of offers; or (4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items. (3) It is the only proposal received. (B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government (v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before (5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation. (6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. (7) Offerors may submit revised proposals only if requested or allowed by the Contracting (8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. (d) "Offer expiration date." Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror). (e) "Restriction on disclosure and use of data." Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-- (1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government''s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and (2) Mark each sheet of data it wishes to restrict with the following legend: (f) "Contract award." PAGE 33 OF 59 HHM402-08-C-0072

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(1) The Government intends to award a contract or contracts resulting from this solicitation offeror (s) whose proposal(s) represents the best value after evaluation accordance with the factors and subfactors in the solicitation. (2) The Government may reject any or all proposals if such action is in the Government''s The Government may waive informalities and minor irregularities in proposals received. (7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306 (a)). Therefore, the offeror''s initial proposal should contain the offeror''s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. (5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the (6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government''s best interest to do so. The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. (9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk. (10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party. (11) If a post-award debriefing is given to requesting offerors, the Government shall disclose information, if applicable: (i) The agency''s evaluation of the significant weak or deficient factors in the debriefed offeror''s offer. (ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (iv) A summary of the rationale for award. (v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror (vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) 1.34 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) 1.35 52.216-19 ORDER LIMITATIONS (OC PAG₴54 OF 59 HHM402-08-C-0072

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(a) "Minimum order." When the Government requires supplies or services covered by this contract in an amount of less than the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) "Maximum order." The Contractor is not obligated to honor-- (1) Any order for a single item in excess of (2) Any order for a combination of items in (3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor''s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) 1.36 52.216-20 DEFINITE QUANTITY (OCT 1995) (a) This is a definite quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule. (b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule. (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor''s and Government''s rights and obligations with respect to that order to the same extent as if the order were completed during the contract''s effective period; that the Contractor shall not be required to make any deliveries under this contract after (End of Clause) 1.37 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government''s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (End of Clause) (d) The Government limit on total orders under this contract. required to purchase from the Contractor requirements in excess of any PAGE 35 OF 59 HHM402-08-C-0072

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(f) Any order issued during the effective period of this contract and not completed within that period shall be completed within the time specified in the order. The shall govern the Contractor''s and Government''s rights and obligations with respect to that order to the same extent as if the order were completed during the contract''s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 1.38 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, supplies or services specified in the Schedule up to and including the quantity designated in the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may requiring delivery to multiple destinations or performance at multiple locations. (End of Clause) (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor''s and Government''s rights and obligations with respect to that order to the same extent as if the order were completed during the contract''s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after I.39 52.219-13 (52.219-13) [RESERVED] 1.40 52.219-16 LIQUIDATED DAMAGES --SUBCONTRACTING PLAN (JAN 1999) (a) "Failure to make a good faith effort to comply with the subcontracting plan", as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small Subcontracting Plan," or willful or intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to Government covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled "Small Business Subcontracting Plan," the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor''s failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan. (End of Clause) (c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause. (f) Liquidated shall be in addition to any other remedies that the Government may have. (e) The Contractor shall have the right of appeal, under the clause in this contract entitled, Disputes, from any final decision of the Contracting Officer. PAGE 36 OF 59 HHM402-08-C-0072

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I.41 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003) (a) "Definition." "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (b) "General." (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business shall be considered nonresponsive and will be (2) Any award resulting from this solicitation will be made to a small business concern. (c) "Agreement." A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. (End of Clause) 1.42 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) (a) It is the policy of the United States that small business concerns, veteran-owned concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts subsystems, assemblies, components, and services for major systems. It is further the policy of the United States that its contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service- disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns. "Service-disabled veteran-owned small business concern"-- (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees cooperate in any studies or surveys as may be conducted by the Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor''s compliance with this clause. (c) Definitions. As used in this contract-- "HUBZone small business concern" means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16) . (1) Means a small business concern-- (1) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. "Small business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. "Small disadvantaged business concern" means a small business concern that represents, as part of its offer that-- (1) It has received certification as a small disadvantaged business concern consistent with 13 CFR part 124, Subpart B; (2) No material change in disadvantaged ownership and control has occurred since its certification; "Women-owned small business concern" means a small business concern-- (3) Where the concern is owned by one or more individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104 (c) (2); and (4) It is identified, on the date of its representation, as a certified small disadvantaged business in the database maintained by the Small Business Administration (PRO-Net). "Veteran-owned small business concern" means a small business concern-- PAGE 37 OF 59 HHM402-08-C-0072

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(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; (2) The management and daily business operations of which are controlled by one or more veterans. (1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a veteran-owned small business concern, a service-disabled veteran-owned small business concern, a HUBZone small business concern, a small disadvantaged business concern, or a women-owned small business concern. (End of Clause) I.43 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) (a) This clause does not apply to small business concerns. (b) Definitions. As used in this clause-- "Alaska Native Corporation (ANC)" means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626 (e) (1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e) (2) . "Electronic Subcontracting Reporting System (eSRS)" means the Governmentwide, electronic, web- based system for small business subcontracting program reporting. The eSS is located at http:// www.esrs.gov. "Master plan" means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved. a product or service that satisfies the definition of section 2.101 of the Federal Acquisition Regulation. "Commercial plan" means a subcontracting plan (including goals) that covers the offeror''s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product "Indian tribe" means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined Native Claims Settlement Act (43 U.S.C.A. 1601 et seg.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. "Individual contract plan" means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the • an a bonerating plan che offeror''s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. "Subcontract" means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. (d) The offeror''s subcontracting plan shall include the following: one or more subcontractors are in the subcontract tier and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor (s) to count the subcontract towards its small business and small disadvantaged business subcontracting The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, separate part for the basic contract and separate parts for each option (if any) . The shall be included in and made a part of the resultant contract. The subcontracting plan shall be PAGE 38 OF 59 HHM402-08-C-0072

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negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract. (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteranowned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626: (i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size Small Business Administration certification status of the ANC or Indian tribe. (A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe. (D) If the Contracting Officer does not receive a copy of the ANC#s or the Indian tribe#s written designation within 30 days of the subcontract subcontract to the ANC or Indian tribe will be considered the designated Contractor. (B) If the ANC or Indian tribe designates more than one Contractor to count toward its goals, the ANC or Indian tribe shall award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract. (C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award. (2) A statement of-- (i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror''s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan; (v) Total dollars planned to be subcontracted to HUBZone small business concerns; (ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes) ; (iii) Total dollars planned to be subcontracted to veteran-owned small business concerns; (iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business; (vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANC and Indian tribes); and (vii) Total dollars planned to be subcontracted to women-owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an the types planned for subcontracting (i) Small business concerns; (ii) Veteran-owned small business concerns; (iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns; (v) Small disadvantaged business concerns; and (vi) Women-owned small business concerns. (4) A description of the method used to develop the subcontracting goals in paragraph (d) (1) of (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Central Contractor Registration database (CCR), veterans service organizations, the National Minority Purchasing Council Research and Information Division of the Minority Business Development Agency in the Department Commerce, or small, HUBZone, small disadvantaged, and women-owned associations). A firm may rely on the information contained in CCR as an accurate representation concern''s size and ownership characteristics for the purposes of small, service-disabled veteran- owned small, HUBZone small, small disadvantaged, of its responsibilities (e.g., outreach, assistance, opportunities) in this clause. (6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with-- (ii) Veteran-owned small business concerns; (i) Small business concerns (including ANC and Indian tribes) ; (iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns; (8) A description of the efforts the offeror will make to assure that small business, veteran- owned small business, service-disabled veteran-owned small business, HUBZone small business, small PAGE 39 OF 59 HHM402-08-C-0072

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disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts. disadvantaged business concerns (including ANC and Indian tribes); and (vi) Women-owned small business concerns. (7) The name of the individual employed by the offeror who will administer the offeror''s subcontracting program, and a description of the duties of the individual. (9) Assurances that the offeror will include the clause of this contract entitled "Utilization of Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $550,000 ($1,000,000 for construction of any public facility with further subcontracting possibilities) to adopt a subcontracting plan that complies with the requirements of this clause. (10) Assurances that the offeror will-- (i) Cooperate in any studies or surveys as may be required; (ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan; (B) Whether veteran-owned small business concerns were solicited and, if not, why not; (C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, (D) Whether HUBZone small business concerns were solicited and, if not, why not; (E) Whether small disadvantaged business concerns were solicited and, if not, why not; (F) Whether women-owned small business concerns solicited and, if not, why not; (G) If applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact-- (A) Trade associations; (B) Business development organizations; (C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; and (D) Veterans service organizations. (v) Records of internal guidance and encouragement provided to buyers through-- (A) Workshops, seminars, training, etc.; and (B) Monitoring performance to evaluate compliance with the program''s requirements. (iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (1) of this clause using the Electronic Subcontracting Reporting (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran- owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations; (iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the (v) Provide its prime contract number, its DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSS when submitting their reports; (vi) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e- mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontract ing (11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror''s efforts to locate small business, small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. records shall include at least the following (on a plant-wide or company-wide basis, unless indicated) : (e.g., CCR), guides, and other data that identify small business, veteran- business, service-disabled business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small business, veteran- small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns. (11i) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating-- (A) Whether small business concerns were solicited and, if not, why not; PAGE 40 OF 59 HHM402-08-C-0072

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(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor''s subcontracting plan. (vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement. (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor''s lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small business, veteran- owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all "make-or-buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms. (4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the Central Contractor Registration (CCR) database or by contacting SBA. (f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided-- (1) The master plan has been approved; (2) The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and (g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror''s planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor''s commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d) (10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government''s fiscal year. (i) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan, or an option is exercised, the goals associated with the modification or option shall be added to those in the existing subcontract plan. (j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items, or when the subcontractor provides a commercial item subject to the clause at 52.244-6, Subcontracts for Commercial Items, under a prime contract. (k) The failure of the Contractor or subcontractor to comply in good faith with-- (1) The clause of this contract entitled "Utilization Of Small Business Concerns;" or (2) An approved plan required by this clause, shall be a material breach of the contract. (1) The Contractor shall submit ISRs and SSRs using the web- based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. (3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. PAGE 41 OF 59 HHM402-08-C-0072

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(1) ISR. This report is not required for commercial plans. The is required for each contract containing an individual subcontract plan and shall be submitted to the Administrative Contracting Officer (ACO) or Contracting Officer, if no ACO is assigned. (A) In the case of the prime Contractor, with the Contracting Officer; and (B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the (i) Reports submitted under individual contract plans-- (A) This report encompasses all subcontracting under prime contracts and subcontracts with the awarding agency, regardless of the dollar value of the subcontracts. shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. (ii) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704 (c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option. (iii) The authority to acknowledge receipt or reject the ISR resides-- (B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency. (C) If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency''s contracts, provided at least one of that agency''s contracts is over $550,000 (over $1,000,000 for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/ agencies and/or subcontracts awarded by DoD prime Contractors. However, for construction and related maintenance and separate report shall be submitted for each DoD component. (D) For DoD and NASA, the report shall be submitted semi- annually for the six months ending March 31 and the twelve months ending September 30. For civilian agencies, except NASA, it shall be submitted annually for the twelve month period ending September 30. Reports are due 30 days after the close of each reporting period. (C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency from contracts for commercial items were received. Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated. (F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime (ii) Reports submitted under a commercial plan-- (A) The report shall include all subcontract awards under the commercial plan in effect during the Government''s fiscal year. (B) The report sha 11 be submitted annually, within thirty days after the end of the Government''s fiscal year. (D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the (iii) All reports submitted at the close of plans) shall include a Year-End Supplementary Report for Small Disadvantaged Businesses. The report shall include subcontract awards, in whole dollars, to small disadvantaged business concerns by North American Classification System (NAICS) Industry Subsector. If the data are available when the year-end SSR is submitted, the prime Contractor and/or subcontractor shall submit the Year-End Supplementary Report for Small Disadvantaged Businesses within 90 days of submitting the year-end SSR. For a commercial plan, the Contractor may obtain from each of its subcontractors NAICS Industry Subsector and report all awards to that subcontractor under its predominant NAICS Industry Subsector. (End of Clause) 1.44 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer. PAGE 42 OF 59 HHM402-08-C-0072

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(End of Clause) 1.45 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (DEC 1996) If this contract is for the manufacture or furnishing materials, supplies, articles or equipment exceeds or may exceed $10,000, and is subject to the Walsh-Healey Public Contracts Act, as amended (41 U.S.C. 35-45), the following terms and conditions apply: (a) All stipulations required by the Act and regulations issued by the Secretary of Labor (41 CER Chapter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may hereafter, be in effect. (b) All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50-202.2). Learners, student learners, apprentices, and handicapped workers may be employed at less than the prescribed minimum wage (see 41 CFR 50-202.3) to the same extent that such employment is permitted under Section 14 of the Fair Labor Standards Act (41 U.S.C. 40) . (End of Clause) 1.46 52.222-26 EQUAL OPPORTUNITY (MAR 2007) (a) "Definition." "United States," as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor#s activities (41 CFR 60-1.5) . (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but (ii) Upgrading; (1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (i) Employment; (iii) Demotion; (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (iv) Transfer; (v) Recruitment or recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; (viii) Selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers'' representative of the Contractor''s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employme pAGE 43 OF 59 HHM402-08-C-0072

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(End of Clause) (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (8) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the investigation and pertinent to compliance with Executive Order 11246, as amended, and regulations that implement the Executive Order. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the Contracting Officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 1.47 52.222-28 (52.222-28} [RESERVED] I.48 52.222-3 CONVICT LABOR (JUN 2003) (a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands. (b) The Contractor is not prohibited from employing persons-- (1) On parole or probation to work at paid employment during the term of their sentence; (2) Who have been pardoned or who have served their terms; or (3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if-- (i) The worker is paid or is in an approved work training program on a voluntary basis; (ii) Representatives of local union central bodies or similar labor union organizations have been consulted; (iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; (iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and (v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943. (End of Clause) PAGE 44 OF 59 HHM402-08-C-0072

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52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS. [SEP 2006] (a) "Definitions." As used in this clause-- "All employment openings" means all positions except executive and top management, those positions that will be filled from within the Contractor''s organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days duration, and part-time employment. "Executive and top management" means any employee-- (1) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof; (2) Who customarily and regularly directs the work of two or more other employees; (3) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; (4) Who customarily and regularly exercises discretionary powers; and (5) Who does not devote more than 20 percent or, in the case of an employee of a retail or service establishment, who does not devote more than 40 percent of total hours of work in the work week to activities that are not directly and closely related to the performance of the work described in paragraphs (1) through (4) of this definition. This paragraph (5) does not apply in the case of an employee who is in sole charge of an establishment or a physically separated branch establishment, or who owns at least a 20 percent interest in the enterprise in which the individual is employed. "Other eligible veteran" means any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. "Positions that will be filled from within the Contractor''s organization" means employment openings for which the Contractor will give no consideration to persons outside the Contractor''s organization (including any affiliates, subsidiaries, and parent companies) and includes any openings the Contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening an employer decides to consider applicants outside of its organization. "Qualified special disabled veteran" means a special disabled veteran who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position veteran holds or desires, and who, with accommodation, can perform the essential functions of such position. "Special disabled veteran" (2) A person who was discharged or released from active duty because of a service-connected disability. "Veteran means a person who-- (i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (1) A veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of Veterans Affairs for a disability-- (i) Rated at 30 percent or more; or (ii) Rated at 10 or 20 percent in the case of a veteran who has been determined under 38 U.s.c. 3106 to have a serious employment handicap (i.e., a significant impairment of the veteran''s ability to prepare for, obtain, or retain employment consistent with the veteran''s abilities, aptitudes, and interests); or (1) Served on active duty for a period of more than 180 days and was discharged or released from active duty with other than a dishonorable discharge, if any part of such active duty occurred-- (ii) Between August 5, 1964, and May 7, 1975, in all other cases; or (2) Was discharged or released from active duty for a service-connected disability if any part of the active duty was performed-- (i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (ii) Between August 5, 1964, and May 7, 1975, in all other cases. (b) "General." (iii) Rate of pay or any other form of compensation and changes in compensation; (iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (v) Leaves of absence, sick leave, or any other leave; (vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; (1) The Contractor shall not discriminate against the individual because the individual is a special disabled veteran, a veteran of the Vietnam era, or other eligible veteran, regarding any PAGE 45 OF 59 HHM402-08-C-0072

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position for which the employee or applicant for employment is qualified. The Contractor affirmative action to employ, advance in employment, and otherwise treat qualified special shall take disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination based upon their disability or veterans'' status in all employment practices such as-- (i) Recruitment, advertising, and job application procedures; (i1) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; (3) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State public employment agency in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State agency, it need not advise the State agency of subsequent contracts. The Contractor may advise the State agency when it is no longer bound by this contract clause. (viii) Activities sponsored by the Contractor including social or recreational programs; and (ix) Any other term, condition, or privilege of employment. (2) The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans'' Readjustment Assistance Act of 1972 (the Act), as amended (38 U.S.C. 4211 (c) "Listing openings." (1) The Contractor shall immediately list all employment openings that exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract, and including those occurring at an establishment of the Contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local public employment service office of the State wherein the opening occurs. Listing employment openings with the U.S. Department of Labor''s America''s Job Bank shall satisfy the requirement to list jobs with the local employment service office. (2) The Contractor shall make the listing of employment openings with the local employment service office at involve the normal obligations of placing a bona fide job order, including accepting of veterans and nonveterans. This listing of employment openings does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor nondiscrimination in employment. (d) "Applicability.' This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands of the United States, and Wake Island. (e) "Postings." (i) State the rights of applicants and employees as well as the Contractor''s obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans, veterans of the Vietnam era, and other eligible veterans; and (ii) Be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor (Deputy Assistant Secretary of Labor), and provided by or through the Contracting (g) "Subcontracts." The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Deputy Assistant Secretary of Labor to enforce the terms, including action for noncompliance. (1) The Contractor shall post employment notices in conspicuous places that are available to employees and applicants for employment. (2) The employment notices shall-- (3) The Contractor shall ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled veteran, or may lower the posted notice so that it can be read by a person in a wheelchair). (4) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement, or other contract understanding, that the Contractor is bound by the terms of the Act and is committed to take affirmative action to employ, and advance in employment, qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans. (f) "Noncompliance." If the Contractor does not comply with the requirements of this clause, the Government may take appropriate actions under the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. PAGE 46 OF 59 HHM402-08-C-0072

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(End of Clause) 1.50 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (a) "General." (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance in employment, otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices (1) Recruitment, advertising, and job application (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; (iii) Rates of pay or any other form of compensation and changes in compensation; (iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (v) Leaves of absence, sick leave, or any other leave; (vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, meetings, conferences, and other related activities, and including apprenticeships, professional selection for leaves of absence to pursue (viii) Activities sponsored by the Contractor, including social or recreational programs; (ix) Any other term, condition, or privilege of employment. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. (c) "Noncompliance." If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. (2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended. (b) "Postings." (1) The Contractor agrees to post employment notices (i) The Contractor''s obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities; and (ii) The rights of applicants and employees. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with physical or mental disabilities. (d) "Subcontracts." The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $10,000 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance. (End of Clause) I.51 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (a) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, (1) The number of special disabled veterans, the number of veterans of the Vietnam era, and other eligible veterans in the workforce of the Contractor by job category and hiring location; and (2) The total number of new employees hired during the period covered by the report, and of the total, the number of special disabled veterans, the number of veterans of the Vietnam era, and the number of other eligible veterans; and (3) The maximum number and the minimum number of employees of the Contractor during the period covered by the report. PAGE 47 OF 59 HHM402-08-C-0072

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(b) The Contractor shall report the above items by completing the Form VETS-100, entitled "Federal Contractor Veterans'! Employment Report (VETS-100 Report) ". submit VETS-100 Reports no later than September 30 of each year beginning September 30, 1988. (2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100) . (e) The Contractor shall base the count of veterans reported according to paragraph (a) of this clause on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.s.c. 4212 shall invite all special disabled veterans, veterans of the Vietnam era, and other eligible veterans who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that-- (1) The information is voluntarily provided; (2) The information will be kept confidential; (3) Disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment; and (4) The information will be used only in accordance with the regulations promulgated under 38 U.s.C. 4212. (f) The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. (End of Clause) (1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or (d) The employment activity report required by paragraph (a) (2) of this clause shall reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a) (1) of this clause. Contractors may select an ending date-- I.52 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) (a) "Definitions." As used in this clause-- "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor''s workplace and specifying the actions that will be taken against employees for violations of such prohibition; drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. "Drug-free workplace" means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. "Individual" means an offeror/contractor that has no more than one employee including the offeror/ contractor. (b) The Contractor, if other than an individual, shall- within 30 days after award (unless a longer period is agreed to in writing for contracts of as possible for contracts of less than 30 days performance duration-- (2) Establish an ongoing drug-free awareness program to (5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b) (4) (ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall (i) The dangers of drug abuse in the workplace; (ii) The Contractor''s policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; PAGE 48 OF 59 HHM402-08-C-0072

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(3) Provide all employees engaged in performance of the contract with a copy of the statement paragraph (b) (1) of this clause; (4) Notify such employees in writing in the statement required by paragraph (b) (1) of this clause that, as a condition of continued employment on this contract, the employee will-- (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee''s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction; (6) Within 30 days after receiving notice under subdivision (b) (4) (ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (7) Make a good faith effort to maintain a drug-free workplace through implementation of paragraphs (b) (1) through (b) (6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or controlled substance while performing this contract. (d) In addition to other remedies available to the Government, the Contractor''s failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment. (End of Clause) 1.53 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2002) (a) "Definitions." "Construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9) . (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-- (b) "Requests for determinations of inapplicability." An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (c) "Evaluation of offers." (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b) (3) (i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) "Alternate offers." (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b) (2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. PAGE 49 OF 59 HHM402-08-C-0072

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(End of Provision) 1.54 52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2007) (a) Definitions. As used in this clause-- "Caribbean Basin country construction material" means a construction material that-- (1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed. "Component" means an article, material, or supply incorporated directly into a construction material. "Cost of components" means-- (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or "Designated country construction material" means a construction material that is a WTO GPA country construction material, an ETA country construction material, a least developed country construction material, or a Caribbean Basin country construction material. "Designated country" means any of the following countries: (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom) ; (2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or Singapore) ; (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia) ; or (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Rica, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago) . means-- (1) An unmanufactured construction material mined or produced in the United States; or manufactured in the United States, if the cost of its components in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. "Foreign construction material" means a construction material other than a domestic construction material. "Free Irade Agreement country construction material" means a construction material that-- (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FIA country into a new and different construction material distinct from the materials from which it was transformed. "Least developed country construction material" means a construction material that-- PAGE 50 OF 59 HHM402-08-C-0072

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(2) In the case of a construction material that consists in whole or in part of materials from has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed. (1) Is wholly the growth, product, or manufacture of a least developed country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed. "United States" means the 50 States, the District of Columbia, and outlying areas. "WTO GPA country construction material" means a construction material that-- (1) Is wholly the growth, product, or manufacture of a WIO GPA country; or (b) "Construction materials." (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials. (2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b) (3) and (b) (4) of this clause. (3) The requirement in paragraph (b) (2) of this clause does not apply to the construction materials or components listed by the Government as follows: (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b) (3) of this clause if the Government determines that-- (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; "Request for determination of inapplicability of the Buy American Act." (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (i) Any Contractor request to use foreign construction material in accordance with paragraph (b) (4) of this clause shall include adequate information for Government evaluation of the request, (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in a son or a of order construction easertal tea in accordance with paragraph (b) (3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act. "Data." To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Construction Materials Price Comparison Construction Material Description | Unit of | Quantity | Measure Price (Dollars) + Item 1: Foreign construction material Domestic construction material PAGE 51 OF 59 HHM402-08-C-0072

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(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b) (4) (1) of this clause. Item 2: Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary • ] [Include other applicable supporting information.] [+ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued) .] (End of Clause) 1.55 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003) (a) As used in this clause-- "After-imposed Federal tax" means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes. "After-relieved Federal tax" means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date. "All applicable Federal, State, and local taxes and duties" means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract. "Contract date" means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification. (b) The contract price includes all applicable Federal, State, and local taxes and duties. (d) The contract price shall be decreased by the amount of any after-relieved Federal tax. "Local taxes" includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas. (c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise. (End of Clause) (e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor''s fault, negligence, or failure to follow instructions of the Contracting Officer. (f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250. (g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. PAGE 52 OF 59 HHM402-08-C-0072

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(h) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption. 1.56 52.232-17 INTEREST (JUN 1996) (a) Except as otherwise provided in this contract under a Price Reduction for Defective Cost or Pricing Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor to the Government under this contract (net of any applicable tax credit under the Internal Revenue Code (26 U.S.C. shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in paragraph (b) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (b) Amounts shall be due at the earliest of the following dates: (1) The date fixed under this contract. (2) The date of the first written demand for payment consistent with this contract, including any resulting from a default termination. (3) The date the Government transmits to the Contractor a proposed supplemental agreement to confirm completed negotiations establishing the amount of debt. (4) If this contract provides for revision of prices, the date of written notice to the Contractor stating the amount of refund payable in connection with a pricing proposal or a negotiated pricing agreement not confirmed by contract modification. (c) The interest charge made under this clause may be reduced under the procedures prescribed in 32.614-2 of the Federal Acquisition Regulation in effect on the date of this contract. (End of Clause) 1.57 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the Act"), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing. (End of Clause) 1.58 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS (MAR 2000) (a) The Government invites the offeror to propose terms under which the Government will make performance-based contract financing payments during contract performance. The Government will consider performance-based payment financing terms proposed by the offeror in the evaluation of the offeror''s proposal. The Contracting Officer will incorporate the financing terms of the successful offeror and the FAR clause, Performance-Based Payments, at FAR 52.232-32, in any resulting contract. (b) In the event of any conflict between the terms proposed by the offeror and the terms in the clause at FAR 52.232-32, Performance-Based Payments, the terms of the clause at FAR 52.232-32 shall govern. PAGE 53 OF 59 HHM402-08-C-0072

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(c) The Contracting Officer will not accept the offeror''s proposed performance-based payment financing if the financing does not confirm to the following limitations: (1) The Government will make delivery payments only for supplies delivered and accepted, or services rendered and accepted in accordance with the payment terms of this contract. (2) The terms and conditions of the performance-based payments must-- (i) Comply with FAR 32.1004; (ii) Be reasonable and consistent with all other technical and cost information included in the offeror''s proposal; and (3) The terms and conditions of the performance-based financing must be in the best interests of the (iii) Their total shall not exceed 90 percent of the contract price if on a whole contract basis, or 90 percent of the delivery item price if on a delivery item basis. (d) The offeror''s proposal of performance-based payment financing shall include the following: (1) The proposed contractual language describing the performance-based payments (see FAR 32.1004 for appropriate criteria for establishing performance bases and performance-based finance payment amounts) . (2) A listing of-- (i) The project performance-based payment dates and the project payment amounts; and (e) Evaluation of the offeror''s proposed prices and financing terms will include whether the offeror''s proposed performance-based payment events and payment amounts are reasonable and consistent with all other terms and conditions of the offeror''s proposal. (End of Provision) (3) Information addressing the Contractor''s investment in the contract. (ii) The projected delivery date and the projected payment amount. 1.59 52.233-1 DISPUTES (JUL 2002) (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613) . (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim The submission may be converted to a claim under the Act, by complying with the submission and requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (i) The Contractor shall provide the certification specified in paragraph (d) (2) (iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part (iii) The certification shall "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor- certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer''s decision shall be final unless the Contractor appeals or files a suit as provided in the Act. PAGE 54 OF 59 HHM402-08-C-0072

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(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor''s specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. (End of Clause) I. 60 52.242-10 (52.242-10) [RESERVED] 1.61 52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) (a) "Definitions." As used in this clause-- "Acceptance" means the act of an authorized representative of the Government by which the Government assumes for itself, or an agent of another, ownership of existing supplies, or specific services as partial or complete performance of the contract. means the end items furnished by the Contractor and related services required under the contract. The word does not include "data." (b) "Contractor''s obligations." (1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for (i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and (i1) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor''s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified and the Contractor''s plant, and return. (3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b) (1) of this clause and shall run from the date of delivery of the corrected or replaced (4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded obligation contained in this contract. (c) "Remedies available to the Government." (1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b) (1) of this clause within (2) Within a reasonable time after the notice, the Contracting Officer may either-- (i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer-- (i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b) (1) of this clause; or (ii) Retain such supplies and reduce the contract price by an amount equitable under the (A) May, for sampling purposes, group any supplies delivered under this contract; (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of PACE 558F5 WhAM402-08-000½Y action is proposed;

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(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and (D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. paragraph (b) (1) of (ii) Within a reasonable time after notice of any breach of the warranties specified in this clause, the Contracting Officer may exercise one or more of the following (A) Require an equitable adjustment in the contract price for any group of supplies. (B) Screen the supplies grouped for warranty action under this clause at the Contractor''s all nonconforming supplies to the Contractor for correction or replacement. (C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies. (D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement. (4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor-- (B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice 2222 within a period of 10 days from the Contracting Officer specifying such failure. (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. (End of Clause) (ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor''s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the and disposition of the nonconforming supplies, as well as for excess costs incurred or to be 1.62 52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAR 2001) (a) "Definitions." As used in this clause-- "Acceptance" means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the "Supplies" means the end items furnished by the Contractor and related services required under the contract. The word does not include "data." (b) "Contractor''s obligations." (1) The Contractor warrants that for all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor''s warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor''s warranty shall extend to the modification or other work. (2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b) (1) of this clause and date of delivery of the corrected or replaced supplies. (3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the PAGE 56 OF 59 HHM402-08-C-0072

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event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability. (4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price. (5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the acceptance) to the Contractor''s plant and return. (6) All implied warranties of merchantability and "fitness for a particular purpose" are excluded obligation contained in this contract. (c) "Remedies available to the Government." (1) In the event of a breach of the Contractor''s warranty in paragraph (b) (1) of this clause, the Government may, at no increase in contract price-- (11) Require the Contractor to furnish at the Contractor''s plant the materials or parts and installation instructions required to successfully accomplish the correction. (2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph this clause, the Government shall be entitled to an equitable reduction in the contract The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within The Contractor shall submit to the Contracting Officer a written recommendation within as to the corrective action required to remedy the breach. After the notice of breach, but not later than after receipt of the Contractor''s recommendation for corrective action, the Contracting Officer may, in writing, direct correction or replacement as in paragraph (c) (1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b) (1) of this clause, the contract price will be equitably adjusted. (4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor''s warranty in paragraph (c) (3) of this clause shall be from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, correction or replacement is effected by the Contractor at a Government or other activity, for thereafter. not limit any (5) The rights and remedies of the Government provided in this clause are in addition to and do rights afforded to the Government by any other clause of the contract. (i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at the Contractor''s plant, to repair or replace, at the 1.63 52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS OR DESIGN CRITERIA (a) "Definitions." As used in this clause-- "Acceptance" means the act of an authorized representative of the Government by which the Government assumes for itself, or an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the means any condition or characteristic in any supplies or services furnished by the under the contract that is not in compliance with the requirements of the contract. "Supplies" means the end items furnished by the Contractor and related services required under this contract. Except when this contract includes the clause entitled Warranty of Data, supplies also (b) "Contractor''s obligations." (1) The Contractor''s warranties under this clause shall apply only to those defects discovered by either the Government or the Contractor (2) If the Contractor becomes aware acceptance by the Government (whether tender to the Government) that a defect exists in any supplies or services, the Contractor shall-- (i) Promptly correct the defect; or (i1) Promptly notify the Contracting Officer, in writing, of the defect, using the same procedures prescribed in paragraph (b) (3) of this (8) The Contractor shall not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the Contractor performs, obligated to perform, any modifications other work on such property. In that event, the PAGE 57 OF 59 HHM402-08-C-0072

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Contractor shall be responsible for correction of defects that result from the modifications or other work. (3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor shall submit to the Contracting Officer, in writing, within a recommendation for corrective actions, together with supporting information in sufficient detail for the Contracting Officer to determine what corrective (4) The Contractor shall promptly comply with any timely written direction from the Contracting Officer to correct or partially correct a defect, at no increase in the contract price. (5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract) at no increase in the contract price. (6) In the event of timely notice of a decision not to correct or only to partially correct, the Contractor shall submit a technical and cost proposal within to amend the contract to permit acceptance of the affected supplies or services in accordance with the revised requirement, and an equitable reduction in the contract price shall promptly be negotiated by the parties and be reflected in a supplemental agreement to this contract. (7) Any supplies or parts thereof corrected or furnished in replacement and any services reperformed shall also be subject to the conditions of this clause to the same or services initially accepted. The shall be equal in duration to that set forth in paragraph (b) (1) of this clause, and shall run from the date of delivery of the corrected or replaced (c) "Remedies available to the Government." (1) The rights and remedies of the Government provided in this clause-- (9) If the Government returns supplies to the clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of in this contract (irrespective of the plant and return to the place of delivery specified in this contract. The Contractor shall also the responsibility for the supplies while in transit. (10) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any (i) Shall not be affected in any way by any terms or conditions of this contract concerning the conclusiveness of inspection and acceptance; and (ii) Are in addition to, and do not limit, any rights afforded to the Government by any other clause of this contract. (2) Within after receipt of the Contractor''s recommendations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, shall give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at (3) In no event shall the Government be responsible for any extension or delays in the scheduled deliveries or periods of performance under this contract as a result of the Contractor''s obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration. (4) This clause shall not be construed as obligating the Government to increase the contract price. (C) Prepare and furnish data and reports as required by paragraph (b) (5) of this clause. (i) The Contracting Officer shall give the Contractor a written notice specifying any failure or refusal of the Contractor to-- (A) Present a detailed recommendation for corrective action as required by paragraph (b) (3) (B) Correct defects as directed under paragraph (b) (4) of this clause; or (ii) The notice shall specify a period of time following receipt of the notice by the Contractor in which the Contractor must remedy the failure or refusal specified in the notice. (6) If the Contractor does not comply with the Contracting Officer''s written notice in paragraph (c) (5) (i) of this clause, the Contracting Officer may by contract or otherwise-- (i) Obtain detailed recommendations for corrective action and either-- (A) Correct the supplies or services; or (B) Replace the supplies or services, and if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor!'s account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred; PAGE 58 OF 59 HHM402-08-C-0072

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(End of Clause) (ii) Obtain applicable data and reports; and (iii) Charge the Contractor for the costs incurred by the Government. 1.64 52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006) When the Contracting Officer authorizes supplies to be shipped on a commercial bill of lading and the Contractor will be reimbursed these transportation costs as direct allowable costs, Contractor shall ensure before shipment is made that the commercial shipping documents are annotated with either of the following notations, as appropriate: "Transportation is for the and the actual total transportation charges paid to the carrier (s) by the consignor or consignee shall be reimbursed by the Government, pursuant to cost-reimbursement contract No. This may be confirmed by contacting (End of Clause) (b) If the Government is not shown as the consignor or the consignee, the annotation shall be: (a) If the Government is shown as the consignor or the consignee, the annotation shall be: "Transportation is for the and the actual total transportation charges paid to the carrier (s) by the consignor or consignee are assignable to, and shall be reimbursed by, the Government." PAGE 59 OF 59 HHM402-08-C-0072