SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 301. REQUISITION NO. PAGE 1 OF 122. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NO. DABV01-04-Q-00726. SOLICITATION ISSUE DATE 29 May 20047. FOR SOLICITATION INFORMATION CALLa. NAME M. LLOYD BLACKMON, Major, USAFb. TELEPHONE NO. (No collect calls) 703-343-92248. OFFER DUE DATE/LOCAL TIME 07 June 20049. ISSUED BY CODE 10. THIS ACQUISITION IS11. DELIVERY FOR FOB12. DISCOUNT TERMS CPA – CONTRACTING ACTIVITY FORMCHECKBOX UNRESTRICTED FORMCHECKBOX SET ASIDE: 100% FOR FORMCHECKBOX SMALL BUSINESS FORMCHECKBOX IRAQI BUSINESS DESTINATION UNLESS BLOCK IS MARKED FORMCHECKBOX SEE SCHEDULEREPUBLICAN PRESIDENTIAL COMPOUND FORMCHECKBOX SMALL DISADV. BUSINESS FORMCHECKBOX 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)BAGHDAD, IRAQ FORMCHECKBOX 8(A)13b. RATING APO AE 09316SIC: SIZE STD: 14. METHOD OF SOLICITATION FORMCHECKBOX RFQ FORMCHECKBOX IFB FORMCHECKBOX RFP15. DELIVER TO CODE ADNON PALACE 16. ADMINISTERED BY CODE CLASSROOM #1 BAGHDAD, IRAQSAME AS BLOCK 917a. CONTRACTOR/ CODE OFFEROR FACILITY CODE18a. PAYMENT WILL BE MADE BY CODE  TELEPHONE NO. CPA – COMPTROLLER REPUBLICAN PRESIDENTIAL COMPOUND BAGHDAD, IRAQ APO AE 09316 FORMCHECKBOX 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED FORMCHECKBOX SEE ADDENDUM19. ITEM NO.20. SCHEDULE OF SUPPLIES/SERVICES21. QUANTITY22. UNITUNIT PRICE24. AMOUNTSEE PAGE 2.(Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)  FORMCHECKBOX 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX ARE FORMCHECKBOX ARE NOT ATTACHED. FORMCHECKBOX 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX ARE FORMCHECKBOX ARE NOT ATTACHED.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 HEREIN.29. AWARD OF CONTRACT: REFERENCE ___________________ OFFER DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95) Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT Prescribed by GSA - FAR (48 CFR) 53.212 32a. QUANTITY IN COLUMN 21 HAS BEEN ACCEPTED, AND CONFORMS TO THE33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR FORMCHECKBOX RECEIVED FORMCHECKBOX INSPECTED FORMCHECKBOX CONTRACT, EXCEPT AS NOTED FORMCHECKBOX PARTIAL FORMCHECKBOX FINAL36. PAYMENT37. CHECK NUMBER32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE32c. DATE FORMCHECKBOX COMPLETE FORMCHECKBOX PARTIAL FORMCHECKBOX FINAL38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER41c. DATE42b. RECEIVED AT (Location)42c. DATE REC’D (YY/MM/DD)42d. TOTAL CONTAINERSSTANDARD FORM 1449 (10-95) BACK APPENDIX A Schedule of Supplies/Services UNIT CLIN DESCRIPTION UNIT QTY PRICE TOTAL 0001 Multi Contrast Black Latent, EA 260 $___________ $______________ 2 ounce jar 0002 Multi Contrast Black Latent, EA 156 $___________ $______________ 16 ounce jar 0003 White Latent Print Powder, EA 260 $___________ $______________ 2 ounce jar 0004 Magnetic Powder , EA 260 $___________ $______________ 2 ounce jars 0005 Magnetic Powder, EA 52 $___________ $______________ 16 ounce jars 0006 Fiberglass Fingerprint Brush EA 15 $___________ $______________ 0007 Pocket Magnetic Applicator EA 15 $___________ $______________ 0008 Deluxe Camel Hair Brush EA 15 $___________ $______________ 0009 Latent Lifting Tape, 2 inch clear EA 260 $___________ $______________ 0010 Latent Print Backing Cards/ EA 52 $___________ $______________ 500 pack 0011 Gelatin Lifters, 5”x7” black EA 1,560 $___________ $______________ 0012 Gelatin Lifters, 5”x7” white EA 1,560 $___________ $______________ 0013 Cyanoacrylate, 1 gallon EA 52 $___________ $______________ 0014 Mykrosil Casting Putty, white EA 156 $___________ $______________ 0015 Dental Stone, 50 lb box EA 52 $___________ $______________ 0016 Biohazard evidence label, 250 roll EA 52 $___________ $______________ 0017 Evidence Box Sealing Tape, EA 52 $___________ $______________ yellow 0018 Paper Evidence Bags, 100, #4 EA 104 $___________ $______________ 0019 Paper Evidence Bags, 100, #25 EA 104 $___________ $______________ 0020 Sterile Cotton Swab, 200 count EA 260 $___________ $______________ UNIT CLIN DESCRIPTION UNIT QTY PRICE TOTAL 0021 Manilla Evidence Envelope, EA 52 $___________ $______________ 9x12, 100 count 0022 Disposable Tweezers, 12 count EA 156 $___________ $______________ 0023 Illuminated Pocket Magnifier, 4X EA 15 $___________ $______________ 0024 Evidence Tags, 100 count EA 104 $___________ $______________ 0025 Evidence Kit EA 3 $___________ $______________ SEE NOTE 1 0026 Crime Scene Template EA 15 $___________ $______________ 0027 Human Figure Template EA 15 $___________ $______________ 0028 Clear Evidence Jar EA 3 $___________ $______________ 8 oz., 15 count 0029 Crime Scene Tape, 1000 ft roll EA 208 $___________ $______________ 0030 Evidence Bags, 100 count, EA 104 $___________ $______________ 7”x10” 0031 Steel Tape Measure, 50’ EA 15 $___________ $______________ 0032 Steel Tape Measure, 100’ EA 9 $___________ $______________ 0033 Large Latex Gloves, 100 count EA 260 $___________ $______________ 0034 Measuring Scales - Photographic EA 15 $___________ $______________ Scales and Rulers, Forensic Scales (inches and millimeters) 4 1/8”x4 1/8” 0035 Measuring Scales - Photographic EA 3 $___________ $______________ Scales and Rulers, Photo evidence Ruler, vinyl, white 6” 0036 Latent Print Kit EA 5200 $___________ $______________ SEE NOTE 2 0037 Digital Camera EA 15 $___________ $______________ SEE NOTE 3 0038 Markers, six markers per pack Pack 30 $___________ $______________ Permanent, minimum 3 different Colors (one must be black) 0039 Memory Card Reader , digital EA 3 $___________ $______________ camera memory UNIT CLIN DESCRIPTION UNIT QTY PRICE TOTAL 0040 Tripod, camera, 3’x6’adjustable EA 15 $___________ $______________ height. 0041 Batteries, AA MiMh rechargeable EA 90 $___________ $______________ batteries 0042 Battery Charger, AA NiMh EA 30 $___________ $______________ 0043 Forensic Training Pistol EA 15 $___________ $______________ 0044 Standard Compass EA 15 $___________ $______________ 0045 Metal Scriber EA 3 $___________ $______________ 0046 Hammer, Nail Hammer EA 3 $___________ $______________ 0047 Trash Bags, 13 gallon heavy duty, BX 100 $___________ $______________ 50 count per box NOTES: Evidence Kit consists of 12 oz. Regular Powder, 12 oz. Black Powder, 12 oz. White Powder, 12 oz. Dual-Use Powder, 12 oz. Red Fluorescent Powder, 12 oz. Green Fluorescent Powder, 12 oz. Orange Fluorescent Powder, 12 oz. Yellow Fluorescent Powder, 11 oz. Black Magnetic Powder, 11 oz. White Magnetic Powder, 11 oz. Dual-Use Magnetic Powder, 11 oz. Red Magnetic Powder, 11 oz. Yellow Magnetic Powder, 18 oz. Fuming/Chemical Process, 18 oz. Wet Print, 3 each Ninhydrin fingerprint developers, 1 each Pop-n-Fume chamber, 4 each Brushes and Applicators, 4 each Fiber Dusters, 4 each Feather Dusters, 1 each All-Purpose Brush, 1 each Bubble Base Magnetic Applicator, 1 each 2 inch Clear Lifting Tape, 1 each 2 inch Frosted Lifting Tape, 1 Polythelyene 2 inch Lifting Tape, 24 each 2x2 inch White Flap Filters, 24 each 2x2 inch Clear Flap Filters, 24 each 2x2 inch Black Flap Filters, 12 each 4x4 White Flap Filters, 12 each 4x4 inch Clear Flap Filters, 12 each 4x4 inch Black Flap Filters, 1 bottle of liquid-lift, 1 Mikrosil Toolmark Putty Kit, 50 each 4x5 inch White Backing Cards, 50 each 4x5 inch Black Backing Cards, 1 each 14x Magnifier, 6 each Blood-Stain Templates, 6 each Evidence Templates, 24 each Disposable Towelettes, 24 each Latex Gloves, 1 each Scissors, 1 each Evidence Marker, 5 each Disposable Tweezers, 12 each 2 inch Rulers, 12 each 6 inch Rulers, 12 each 12 inch Rulers, 1 each 130 ft. roll of 1 inch Ruler Tape. Latent Print Kit consists of: 1 each 2 oz. jar of Regular Powder, 1 oz. jar of Magnetic Powder, one each Fiber Duster, one each Applicator, one each 1 1⁄2 inch x 360 inch roll of Lifting Tape, 40 White Backing Cards, a Carrying Case with Custom Foam Inserts. The following applies to the digital camera: 4.0 Megapixel, 240 Volt Battery Charger, 4 extra Batteries, 1 each 512 MB card, 1 each 128 MB card, 3x Optical Zoom, 1.6” LCD Monitor and Carrying Case CONTRACT AND GRANT PROCEDURES APPLICABLE FOR CRIMINAL INVESTIGATIVE SUPPLIES AND EQUIPMENT TO BE DELIVERED TO BAGHDAD IRAQ Standard Terms and Conditions for Solicitations and Contracts in Excess of $5,000 APPENDIX B Solicitation Terms and Conditions 1. Submission of Offers. The contractor will submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in the solicitation. Offers may be submitted on letterhead stationery or as otherwise specified in the solicitation. At a minimum, offers must show: a. The solicitation number. b. The time specified in the solicitation for receipt of offers. c. The name, address, and telephone number of the offeror. d. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary. e. Terms of any express warranty. f. Price and any discount terms. g. Payment address (if different from mailing address) h. Acknowledgment of solicitation amendments (if any) i. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers, and other relevant information) j. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. k. Offerors are encouraged to submit their proposal by e-mail to Marcus Overbay at overbaym@orha.centcom.mil. 2. Period for Acceptance of Offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. 3. Product Samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense, and returned at the sender’s request and expense, unless they are destroyed by preaward testing. 4. Multiple Offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. 5. Late Submissions, Modifications, Revisions, and Withdrawals of Offers. a. Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Contracting Officer designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 1630 hours, local time, for the designated contracting office on the date that offers or revisions are due. b. Any offer, modification, revision, or withdrawal of an offer received at the contracting 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 contracting office not later than 1700 hours one working day prior to the date specified for receipt of offers, or 2) there is acceptable evidence to establish it was received at the location designated for the receipt of offers and was under government control prior to the time set for receipt of offers, or 3) if the solicitation was a request for proposals, it was the only proposal received. c. However, a late modification of an otherwise successful offer that makes the offer’s terms more favorable to the contracting organization issuing the solicitation will be considered at any time it is received and may be accepted. d. Acceptable evidence to establish the time of receipt at the contracting office includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of contracting office personnel. e. If an emergency or unanticipated event interrupts normal processes so that offers cannot be received at the contracting office designated for receipt of offers by the exact time specified in the solicitation, and urgent requirements preclude amendment of the solicitation or other notice of the extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal processes resume. f. Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. 6. Contract Award. The Contracting Officer intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Contracting Officer reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Contracting Officer may reject any or all offers if such action is in the public interest; accept other than the lowest-priced offer; and waive informalities and minor irregularities in offers received. 7. Multiple Awards. The Contracting Officer may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the schedule, offers may not be submitted for quantities less than those specified. The Contracting Officer reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. 8. Evaluation. The Contracting Officer will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the contracting activity, cost and other factors considered. The following factors shall be used to evaluate offers. 8.a EVALUATION OF FACTORS. All proposals submitted will be evaluated on the basis of the evaluation factors of past performance and price. 8.b. RELATIVE IMPORTANCE OF EVALUATION FACTORS. All proposals submitted will be evaluated on the basis of the evaluation factors past performance and price. Past performance and price are equal in importance. 8.c. BASIS OF AWARD 8.c.1. All proposals received will be evaluated by Government personnel against the factors set forth in 8.a. 8.c.2. Offerors with an unsatisfactory Past Performance rating will not be considered for award. 8.c.3. Award shall be made based upon the overall best value to the Government, past performance and price considered equal. 9. Options. Reserved. 10. Notice of Award. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance of the offer, shall result in a binding contract without further action by either party. Before the offer’s scheduled expiration time, the Contracting Officer may accept an offer (or part of an offer) whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 11. Protests. A contractor wishing to object to the terms of a solicitation, the termination of a solicitation, the award of a contract, or the termination of the award of a contract, shall present the matter to the Contracting Officer for an initial decision. The contractor shall state to the Contracting Officer the basis for the protest. If the contractor does not agree with the Contracting Officer’s initial decision, the Contractor may appeal the initial decision to the Head of Contracting Activity, CPA, for resolution. The decision of the Head of Contracting Activity, CPA, shall be the final decision in the matter. 12. Evaluation of Foreign Currency Offers. If the Contracting Officer receives offers in more than one currency, the Contracting Officer will evaluate offers by converting the foreign currency to United States currency using the rate in effect on the date specified for receipt of offers, if award is based on initial offers, or, if award is based on revised offers, on the date specified for receipt of proposal revisions. 13. Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Contracting Officer reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Contracting Officer may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Contracting Officer must exercise the post-acceptance rights: a. Within a reasonable time after the defect was discovered or should have been discovered, and b. Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 14. Assignment. The Contractor shall not assign, transfer, or make any other disposition of this Contract, or any part thereof, without the prior written consent of the Contracting Officer. 15. Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. 16. Disputes. This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S. Code, Sections 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the United States Federal Acquisition Regulation Clause 52.233-1, Disputes, which is incorporated herein by reference except that appeals from final decisions of a Contracting Officer may only be appealed to the U.S. Armed Services Board of Contract Appeals (ASBCA). The decision of the ASBCA shall be final. The contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. 17. Excusable Delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Governmental activity in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. 18. Invoice. The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices. The invoice must include: a. Name and address of the Contractor. b. Invoice date and number. c. Contract number, contract line item number, and, if applicable, the order number. d. Description, quantity, unit of measure, unit price, and extended price of the items delivered. e. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on a bill of lading. f. Terms of any discount for prompt payment offered. g. Name, title, and phone number of person to notify in event of defective notice. 19. Patent Indemnity. The Contractor shall indemnify the Government agency involved in this contract and its officers, employees, and agents against liability, including costs, for actual or alleged direct or indirect contributory infringement of, or inducement to infringe, any patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. 20. Payment. Payment shall be made for items accepted by the Contracting Officer that have been delivered to the delivery destinations set forth in this contract. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronics fund transfer payment is made. 21. Risk of Loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pay to the Contracting Officer upon: a. Delivery of the supplies to a carrier, if transportation is f.o.b. origin. b. Delivery of the supplies to the Contracting Officer or a representative at a destination specified in the contract, if transportation is f.o.b. destination. 22. Taxes. The contract price includes all applicable taxes and duties. 23. Termination for Convenience. The Contracting Officer reserves the right to terminate this contract, or any part hereof, for the sole convenience of the Government activity. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Contracting Officer using its standard record keeping system, have resulted from the termination. The Contracting Officer, upon reasonable advanced notice, may inspect the financial records relating to this Contract including the amounts paid to subcontractors and the locations where any portion of the Contractor’s performance occurs. The Contracting Officer may review the Contractor’s financial statements upon request. 24. Termination for Cause. The Contracting Officer may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Contracting Officer, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government agency shall not be liable to the Contractor for any amount of supplies or services not accepted, and the Contractor shall be liable for any and all rights and remedies provided by law. If it is determined that the Contracting Officer improperly terminated this contract for cause, such termination shall be deemed a termination for convenience. 25. Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government agency upon acceptance, regardless of when or where the Government agency takes physical possession. 26. Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. 27. Immunities. Except as provided in this contract, the Government of Iraq or its agents, including the CPA or other governmental agencies, have not waived any of their privileges or immunities. 28. Legal Status. The Contractor is an independent contractor. The Contractor’s employees will not be considered government employees for any purpose. The Contractor is solely responsible for compensation agreements with employees. 29. Contractor’s Responsibility for Employees. The Contractor is responsible for the professional and technical competence of its employees and will select reliable individuals who will perform effectively in the implementation of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct. The Contracting Officer may require that the Contractor remove from the job employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interest of military security. 30. Subcontracting. Except as authorized in this contract, the Contractor may not subcontract any portion of the performance of this Contract to another without the prior written consent of the Contracting Officer. The terms of any subcontract will be subject to and conform with the provisions of this Contract. 31. Indemnification. The Contractor shall defend, indemnify, and hold harmless all government entities involved in this contract, together with the entities’ officers, agents, and employees from and against all suits, claims, or liabilities of any kind arising out of acts or omissions of the Contractor, its employees, or the Contractor’s subcontractors. 32. Insurance. The Contractor represents and warrants that it shall maintain appropriate insurance including general commercial liability and workers compensation coverage in an adequate amount to cover third parties claims arising from or in connection with this Contract. Upon request, the Contractor will provide satisfactory evidence of the insurance required under this article. 33. Use of Names and Symbols. Except as required by this Contract, the Contractor will not advertise or otherwise makes public the fact that it is a contractor to the governmental entity in this Contract, nor will the Contractor use the name or emblem of the governmental entity for commercial purposes. 34. Limitation of Liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the governmental entity for consequential damages resulting from any defect or deficiencies in accepted items. 35, Inconsistency between English Version and Translation of Contract. In the event of inconsistency between any terms of this contract and any transaction into another language, the English language meaning shall control. 36. Correspondence in English. The Contractor shall ensure that all contract correspondence that is addressed to the governmental entity awarding this contract is submitted in English or with an English translation. 37. Conflicts of Interest. The Contractor warrants that no governmental official has received or will be offered by the Contractor any direct or indirect benefit in connection with or arising from the award of this contract. The Contractor agrees that any breach of this provision is a breach of an essential term of this Contract. 38. Order of Precedence (except for Construction Contracts). Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: a. The schedule of supplies/services. b. The Assignments, Disputes, Payments, Invoice, Other Compliances clauses of this contract. c. Addenda to this solicitation or contract, including any license agreements for computer software. d. Solicitation provisions (if this is a solicitation) e. The other standard clauses in this contract. f. Other documents, exhibits, and attachments. g. The statement of objectives (the narrative description of the work) 39. Other Compliances. The Contractor shall comply with all applicable laws, rules, and regulations applicable to its performance under this contract. 40. Source of Funds. The obligation under this contract is made with Iraqi Funds, as defined in CPA Memorandum Number 4, dated 19 August 2003. No funds, appropriated or other, of any Coalition country are or will be obligated under this contract. 41. Option to Extend the Term of the Contract. a. The governmental entity awarding this contract may extend the term of this contract by written notice to the Contractor within 15 days (insert number of days) prior to the end of the term of the contract, or the end of any option period previously exercised under the contract; provided that the Government entity gives the Contractor a preliminary written notice of its intent to extend at least 15 before the contract period (including option periods exercised) expires. The preliminary notice does not commit the governmental entity to an extension. If the Government exercises this option, the extended contract shall be considered to include this clause. b. At the end of the contract period, or at the end of the final option period under this contract, whichever is later, if the governmental entity requires continued performance of services within the limits and at the rates specified in the contract, the governmental entity may extend the period of performance under this contract for an additional period not to exceed six months, by giving written notice to the Contractor at least 15 days before the end of the contract period or the end of the final option period exercised, whichever is later. 42. Delivery. a. Delivery shall be not later than 20 days after issuance of the delivery order. b. Delivery shall be made to Adnon Palace, Classroom #1, Baghdad, Iraq. Not less than 24 hours prior to delivery the contractor shall contact Mark Weaver at 001-914-822-4138, in order to expedite delivery into the Palace compound. 43. Ordering. a. When the Government requires supplies covered by this contract in an amount less than $50 or more than $500,000 the Contractor is not obligated to furnish those supplies b. Any supplies ordered under this contract will be done so by delivery order. Such orders may be placed from time of contract award through one year thereafter. 44. Indefinite Quantity . a. This is an indefinite-quantity contract for the supplies set forth in the schedule. The quantities of supplies specified in the Schedule are estimates only and are not purchased by this contract. b. Delivery 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, the supplies specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. c. There is no limit on the number of orders that may be issued. 45. Instructions to Offerors. a. Only responsive Offerors will be evaluated for Contract Award. The following depicts what each offeror must furnish with their offer in order to be considered responsive and therefore eligible for contract award: i. The offeror must furnish unit prices in schedule A for any items the contractor wishes to be considered for award. ii. The contractor with their offer must furnish a signed SF 1449 as well signed acknowledgements of any solicitation amendments. iii. Past Performance information on similar requirements that have been performed within the last three years. The Past Performance information provided by the offeror shall include the Customer’s name, the name, title and telephone number of a point of contact with the customer, a description of the supplies furnished to the customer, including value, and the date the Past Performance occurred. Omission of relevant Past Performance information will be considered unfavorable when assessing the offeror’s Past Performance rating. Failure to provide any of the information required in 45.a.i through 45.a.iii. may be considered non-responsive and therefore ineligible for award.