Statement of Work -SOW for Uniforms3.doc

PROJECT NAME

PROJECT NUMBER

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1

TYPE OF CONTRACT

The National Gallery of Art (NGA) anticipates awarding an indefinite quantity/indefinite delivery firm fixed price contract, with purchases issued by delivery orders. The contract will have a base year, with four (4) one-year option periods. If necessary, the NGA may award the contract to two (2) separate Contractors; one that provides uniforms, and one that provides laundry service.

B.2

PRICING/COST

BASE YEAR – 10/1/2008 THROUGH 9/30/2009

DENIM SHIRTS

3 IN 1 PARKA

PIECES

OPTION YEAR 1– 10/1/2009 THROUGH 9/30/2010

3 IN 1 PARKA

OPTION YEAR 2– 10/1/2010 THROUGH 9/30/2011

3 IN 1 PARKA

OPTION YEAR 3– 10/1/2011 THROUGH 9/30/2012

3 IN 1 PARKA

OPTION YEAR 4– 10/1/2012 THROUGH 9/30/2013

3 IN 1 PARKA

*NOTE: The Contracting Officer’s Representative will specified the size(s) at the time the order is placed (see Section C.4 ORDERING PROCEDURES).

B.3

INCENTIVE

As an incentive, the Gallery intends to award the Contractor five (5) additional one-year option periods for exceptional performance and outstanding customer service without additional competition.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1

BACKGROUND

The NGA, as the premier art gallery in the U.S., requires uniforms that are of high quality and workmanship. Several departments within the NGA require employees to wear uniforms in the performance of their job. All uniforms to be furnished under this contract will be purchased by the NGA. In addition, the uniforms for the Housekeeping Department within Facilities Management will be laundered each week. Uniforms for the security force are not covered by this contract.

C.2

OBJECTIVE

The objective of this acquisition is to obtain both uniforms and laundry service for the NGA and to limit the variety of uniforms to polo shirts, denim shirts, slacks, and jeans.

C.3

UNIFORM APPAREL

The Contractor shall provide uniforms as specified below. See Section B for the minimum and maximum amounts.

C.3.1 UNIFORM SHIRTS

The Contractor shall provide unisex polo shirts and unisex button-down denim shirts in both long and short sleeves.

The following attributes are required for the unisex polo shirts:

· Polo shirts shall be constructed with a breathable, knit fabric intended for use by individuals in crafts/trades. Poly-cotton or other cotton-blend fabrics are desirable.

· Polo shirts shall be available in a variety of solid colors. Polo shirts shall also be available in a multi-color style, with the collar and cuffs a different color than the body of the shirt. The solid color and multi-color shirts shall include, at a minimum, the colors hunter green, navy blue, and white. The Contractor shall provide an assortment of colors and color patterns to the NGA for selection. The NGA will choose up to six (6) solid-color shirts and up to three (3) multi-color shirts. This is the expected minimum color selection for the Contractor to furnish under the contract.

· Polo shirts shall have a fashion-ribbed collar and ribbed knit cuffs or banded sleeves.

The following attributes are required for the unisex button-down denim shirts:

· Button-down denim shirts shall be constructed with heavy-weight, 100% cotton fabric intended for use by individuals in a trade/craft.

· Button-down denim shirts shall be dark-washed blue denim.

The following attributes are required for both unisex polo and button-down denim shirts:

· Shirts shall be constructed to withstand repeated institutional washing and drying.

· Shirts shall have a breast pocket located on the left side.

· Shirts shall be available in sizes ranging from small to 5X-large. Shirt tails shall be long enough to accommodate tall individuals.

· Shirts shall be embroidered with the NGA logo on the uniform centered above the pocket with the bottom edge of the embroidery starting one-half inch above the top edge of the pocket. The logo shall be three (3) inches in diameter with gold-colored thread. A sample of the NGA logo will be on display at the mandatory site visit (see Section L). When the contract is awarded, the NGA will provide the Contractor a sample of the NGA logo.

C.3.2 UNIFORM PANTS

The Contractor shall provide slacks and jeans in both men’s and women’s cuts.

The following attributes are required for the men’s and women’s slacks:

· Slacks shall be constructed from a soil and wrinkle resistant fabric intended for use by individuals in a trade/craft. Cotton or cotton-blends are desirable.

· Slacks shall be available in navy blue, khaki, and black.

The following attributes are required for the men’s and women’s jeans:

· Jeans shall be constructed from heavy weight, 100% cotton intended for use by individuals in a trade/craft.

· Jeans shall be available in dark-washed blue denim.

· Jeans shall be available in relaxed-fit and carpenter styles.

· Jeans shall be comparable to Carhartt work jeans in weight and construction.

The following attributes are required for the men’s and women’s slacks and jeans:

· Pants shall be constructed to withstand repeated institutional washing and drying.

· Pants shall have two (2) rear pockets and two (2) front pockets.

· Pants shall be reinforced at vulnerable points (i.e., belt loops, zippers, seats). Double-stitching is desirable.

· Pants shall be provided in even and odd waist sizes for men from 28 to 56 and even waist sizes for women from 4 to 28.

· Pants shall be provided in even inseam sizes from 28-36 for both men and women.

· Men’s and women’s pants shall be made from the same quality materials.

C.3.3 UNIFORM FLEECE JACKETS AND VESTS

The Contractor shall provide zippered fleece jackets and zippered fleece vests.

The following attributes are required for the zippered fleece jackets and vests:

· Fleece jackets and vests shall be available in hunter green, navy blue, and gray. The Contractor shall provide samples for approval by the NGA.

· Fleece jackets and vests shall be embroidered with the NGA logo centered above the left breast. The logo shall be three (3) inches in diameter with gold-colored thread. A sample of the NGA logo will be on display at the mandatory site visit (see Section L). When the contract is awarded, the NGA will provide the Contractor a sample of the NGA logo.

· Fleece jackets and vests shall be machine washable and dryable.

C.3.4 UNIFORM PARKAS AND COATS

The Contractor shall provide a waterproof breathable 3-in-l parka which includes an inner jacket and an outer parka that can be worn individually or zipped together. The Contactor shall also provide a duck chore coat.

The following attributes are required for the waterproof breathable 3-in-1 parkas:

· Parkas shall be available in navy blue.

The following attributes are required for the duck chore coats:

· Coats shall be available in navy blue.

The following attributes are required for both the waterproof breathable 3-in-1 parkas and duck chore coats:

· Waterproof breathable 3-in-1 parkas and duck chore coats shall be embroidered with the NGA logo centered above the left breast. This includes both pieces of the 3-in-1 coat. The logo shall be three (3) inches in diameter with gold-colored thread. A sample of the NGA logo will be on display at the mandatory site visit (see Section L). When the contract is awarded, the NGA will provide the Contractor a sample of the NGA logo.

· Waterproof breathable 3-in-1 parkas and duck chore coats shall be machine washable and dryable

C.3.5 UNIFORM CAPS

The Contractor shall provide a one-size-fits-all beanie-style knit cap and an adjustable (by snaps) mesh baseball cap.

The following attributes are required for both the beanie-style knit cap and the adjustable mesh baseball cap:

· Caps shall be available in navy blue, at a minimum. The contractor shall provide samples for approval by the NGA.

· Caps shall be embroidered with a centered NGA logo. The logo shall be two and a quarter (2 ¼) inches in diameter with gold-colored thread. A sample of the NGA logo will be on display at the mandatory site visit (see Section L). When the contract is awarded, the NGA will provide the Contractor a sample of the NGA logo.

C.4

ORDERING PROCEDURE

The Contractor shall provide all uniform apparel (i.e., shirts, pants, jackets, vests, parkas, coats, and caps) ordered in the quantity and size requested and within the specified delivery time of ten (10) business days.

C.5

SAMPLES

The Contractor shall provide samples of the uniform products (i.e., shirts, pants, jackets, vests, parkas, coats, and caps) including the attachment of NGA logo on specified clothing articles for approval by the NGA within ten (10) business days after contract award.

C.6 UNIFORM LAUNDRY SERVICE

The Contractor shall provide complete uniform laundry service to include uniform delivery and cleaning for an estimated 50 employees. Laundry shall be picked up weekly on the same day from the NGA and returned on the same day of the following week. The pick-up day for the laundry will be coordinated with the COR.

The Contractor shall also provide a quarterly cleaning of bulk miscellaneous uniform apparels not to exceed 40 pounds. These uniform apparels shall be picked up and returned with the regular, weekly laundry. However, they shall remain separated.

Cleaned uniforms shall be free of all stains or other marks which would be undesirable for wear at the NGA.

Each piece of clothing shall be returned on a hanger.

SECTION D – PACKAGING AND MARKING

TBD

SECTION E – INSPECTION AND ACCEPTANCE

E.1

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov (End of clause)

E.2

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

SECTION F – DELIVERIES OR PERFORMANCE

F.1

PERIOD OF PERFORMANCE

The Contractor will provide the required products and services for this contract as follows:

BASE PERIOD

10/01/2008 through 09/30/2009

OPTION YEAR 1

10/01/2009 through 09/30/2010

OPTION YEAR 2

10/01/2010 through 09/30/2011

OPTION YEAR 3

10/01/2011 through 09/30/2012

OPTION YEAR 4

10/01/2012 through 09/30/2013

F.2

DELIVERABLES

The Contractor shall submit a Quarterly Report to the COTR. The Quarterly Report must include as a minimum: quantities, sizes, and model numbers ordered within the quarter.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1

CONTRACT MANAGEMENT

The following individuals will have designated authority for the Gallery during the performance of the contract:

G.1.1

CONTRACTING OFFICER (CO)

The CO shall effect all contract administration. Communications pertaining to contract administration matters. No changes in or deviations from this contract are authorized unless directed in writing by the CO.

The CO is the only person authorized to make or approve any changes in any of the requirements of the contract and notwithstanding any provisions contained elsewhere in this contract. The said authority remains solely with the CO. The CO is authorized to appoint a Contract Specialist to perform administrative contracting functions for this contract. In the event the Contractor makes any changes at the direction of any person other than the CO, the change shall be considered to have been made without the authority of the CO or the Gallery and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof. The CO is also responsible for making the final decisions on matters under dispute, unsatisfactory performance, as well as contract terminations for convenience or default.

Henrietta Brox-Campbell is hereby designated as the CO. The CO may be changed at any time by the Gallery without prior notice to the Contractor, but notification of the change, including the name and address of the successor CO, shall be promptly provided to the Contractor in writing.

Henrietta V. Brox-Campbell

National Gallery of Art

Office of Procurement and Contracts (APC)

2000B South Club Drive

Landover, MD 20785

Phone: (202) 842-6408

Fax: (202) 312-2792

E-mail: h-brox@nga.gov G.1.2

PURCHASING AGENT (PA)

Debra Young-Leak is hereby designated as the PA. The PA may be changed at any time by the Gallery without prior notice to the Contractor, but notification of the change, including the name and address of the successor PA, shall be promptly provided to the Contractor in writing.

Debra Young-Leak

National Gallery of Art

Office of Procurement and Contracts (APC)

2000B South Club Drive

Landover, MD 20785

Phone: (202) 842-6457

Fax: (202) 312-2792

E-mail: d-young-leak@nga.gov G.1.3

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

The COTR shall be designated on authority by the CO to monitor all technical aspects and assist in the administration of this contract. A copy of the COTR’s letter of designation shall be issued to the COTR with a copy furnished to the Contractor, stating the responsibilities and limitations of the COTR. This letter shall clarify, to all parties of the contract, the responsibilities of the COTR. The duties of the COTR include but are not limited to: assuring the Contractor’s compliance with the technical requirements, performing or arranging necessary inspections in connection with the technical performance, maintaining both written and oral communications with the Contractor, notifying the Contractor and the CO of any deficiencies observed, monitoring the Contractor’s overall performance, and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COTR does NOT have the authority to alter the Contractor’s obligations, direct changes that fall within purview of the General Provisions clause entitled “Changes”, or modify any of the expressed terms, conditions, specifications, or cost under this contract. If because of technical discussions it is desirable to alter/change contractual obligations within the Scope of the Work, the CO shall issue such changes in writing.

Jacklyn Thompson is hereby designated as the COTR. The COTR may be changed at any time by the Government without prior notice to the Contract, but notification of the change, including the name and address of the successor COTR, shall be promptly provided to the Contractor in writing.

Jacklyn Thompson

Office of Procurement and Contracts (APC)

2000B South Club Drive

Landover, MD 20785

Phone: (202) 842-6813

Fax:

(202) 842-6934 E-mail: j-thompson@nga.gov G.2

CORRESPONDENCE

All non-technical correspondence shall be prepared in accordance with Section D and addressed to the CO. All technical correspondence shall be prepared in accordance with Section D and submitted to the COTR.

G.3

SUBMISSION OF INVOICES

All invoices shall include the contract number and be sent to:

Jacklyn Thompson

Facilities Management (AFM)

2000B South Club Drive

Landover, MD 20785

The Contractor shall submit proper invoices on a monthly basis for any work performed during the month being invoiced. To constitute a proper invoice, each invoice submitted shall include the following information and/or attached documentation:

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number

(4) Description, price, and quantity of services/supplies actually rendered/delivered;

(5) Delivery date or Period of performance covered by the invoice;

(6) Payment Terms;

(7) Name and address of the Contractor’s official to whom payment is to be sent. The “Remit To” address must correspond to the remittance address in the contract

(8) Name, title, phone number, and mailing address of contact person to be notified in the event of a defective invoice;

(9) Other substantiating information or documentation as required by the contract, including Pre and Post Inspection Forms; and

(10) The following statement on the first page of each original invoice:

COTR’s CERTIFICATION

I certify to the best of my knowledge and belief that the services/supplies shown on the invoice have been performed/delivered and are accepted.

COTR Signature

Date

G.4

PAYMENTS

Payment shall be made by:

Treasurer’s Office (TGA)

National Gallery of Art

2000B South Club Drive

Landover, MD 20785

G.5

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov (End of clause)

G.6

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1

PUBLIC USE OF THE NAME OF THE NATIONAL GALLERY OF ART

The Contractor shall not refer to the Gallery nor use the Gallery’s name for any reason whatsoever without the express prior written approval of the CO.

H.2

REGULATIONS AND GUIDANCE

The Contractor shall be responsible for adherence to all applicable standards, regulations, and rules. Failure to inspect the site or to obtain knowledge of the Gallery’s security rules and regulations including but not limited to, those contained or referenced herein shall not relieve the Contractor from performing the contracted work or complying with established security rules and regulations.

SECTION I – CONTRACT CLAUSES

I.1

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov (End of clause)

I.2

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

I.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUNE 2008)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (SEPT 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, 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:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, 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)(i) 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 (SEPT 2007) (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 indicate in its offer).

__ (ii) Alternate I (JUNE 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15U.S.C. 657 f).

__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)).

_X (16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (AUG 2007) (E.O. 13126).

__ (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X (20) 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).

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

_X (22) 52.222-37, Employment Reports on Special Disabled Veterans, 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 Union Dues or Fees (DEC 2004) (E.O. 13201).

__ (24)(i)52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).

__ (ii) Alternate I (AUG 2007) of 52.222-50.

__ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (26) 52.225-1, Buy American Act—Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___(27)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 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.

__ (28) 52.225-5, Trade Agreements (AUG 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (29) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (30) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (AUG 2006) (42 U.S.C. 5150).

__ (31) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (AUG 2006) (42 U.S.C. 5150).

__ (32) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (33) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X (34) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

__ (35) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

__ (36) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

_X (37) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (38)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this 52.2-40 contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et seq.).

_X (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) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 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) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, 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.

(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 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, as Amended (JULY 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41

U.S.C. 351, et seq.).

(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) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

I.4

52.232-18 AVAILABILITY OF FUNDS.

As prescribed in 32.705-1(a), insert the following clause:

Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications—Commercial Items (Nov 2007)

An offeror shall complete only paragraph (l) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (k) of this provision.

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Veteran-owned small business concern” means a small business concern—

(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; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(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.

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

U.S.C. 6109, 31

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

TIN: ________________________________.

TIN has been applied for.

TIN is not required because:

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other ________________________________.

(5) Common parent.

Offeror is not owned or controlled by a common parent;

Name and TIN of common parent:

Name ________________________________.

TIN _________________________________.

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it is, is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it is, is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is, is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it is, is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It is, is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, 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); or

(B) It has, has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It has, has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to 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 on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(2) Foreign End Products:

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate.