RFQ-10-004 MOWING 2010 --Main body-- Part 3 of 4.doc

RFQ-10-004

This acquisition is being issued pursuant to the Small Business Competitiveness Demonstration Program.

This acquisition is being conducted under Part 13 of the Federal Acquisition Regulations.

QUOTATION PREPARATION INSTRUCTIONS

Quotations are due NOON Local (Lexington KY) time February 16, 2010. Late submissions might not be considered.

TECHNICAL QUOTATION FORMAT

The vendor should submit a separate Technical quotation. The technical quotation should not include any pricing information. The technical quotation should address the vendor’s past performance in providing services of this nature, the vendor’s possession of equipment and reliable transportation to be used in providing these services, the vendor’s staffing and/or staffing plan, and the vendor’s ability to perform these services. This document should generally be one page or less.

If the vendor will not be personally providing the services, but will provide services through use of employees and/or subcontractors, the vendor should also present a staffing plan outlining:

1. What employees are currently on staff, and/or what subcontractors are currently under arrangements to work for the prime contractor.

2. What number of employees, and/or what number of subcontractors (together with identification of the number of staff, will be needed in addition to those identified in #1 above.

3. The recruiting procedure that will be used under #2 above.

PRICE QUOTATION FORMAT

The contractor’s price quotation shall be separate from the technical quotation. Prices shall be presented as the entire price to perform each service a single time. All labor, material, travel costs, equipment use, etc. shall be included in the unit price quoted.

Discount for Prompt Payment-Block #12 of Standard Form 18 allows the vendor to offer a discount for payment before the normal 30 day payment cycle. The Government will not give any evaluation preference for discount for prompt payment because it is anticipated that payment will be made approximately 30 days after receipt of invoice. However, if the vendor does offer a prompt payment discount the Government will take any discounts to which it is entitled. No evaluation preference will be given to vendors offering a prompt payment discount.

SERVICE CONTRACT ACT CERTIFICATION

In conformance with the Service Contract Act, you must specify the wages and fringe benefits you will be paying any service employees, or certify below that no service employees will provide services under any Purchase Order issued under this Request For Quotations.

EITHER CERTIFY THAT:

Hourly Wage to be paid to service employees is: ________________________________

Hourly Health and welfare benefit is: _________________________________________

OR CERTIFY THAT:

/__/ No service employees will provide services under any Purchase order issued under this Request For Quotations.

If different wages will be paid in different counties, provide the above information for each county.

PRICE QUOTATION FORMAT

Enter your prices on the following page in the following format ____/____/____, where the first space is used for “First Time Mowings”, the second space is used for “Regular Mowings” and the third space is used for “Bush Hog Mowings”. For Example if you priced:

First time Mowings at: $50.00, and

Regular Mowings at: $30.00, and

Bush Hog Mowings at: $60.00, then your quoted price would appear as $50.00/$30.00/$60.00

PRICE QUOTATION PAGE

BOWLING GREEN

______/______/______Allen

______/______/______Barren

______/______/______Butler

______/______/______Edmonson

______/______/______Logan

______/______/______Simpson

______/______/______Warren

COLUMBIA

______/______/______Adair

______/______/______Casey

______/______/______Cumberland

______/______/______Green

______/______/______Marion

______/______/______Metcalf

______/______/______Monroe

______/______/______Russell

______/______/______Taylor

ELIZABETHTOWN

______/______/______Breckenridge

______/______/______Bullitt

______/______/______Grayson

______/______/______Hardin

______/______/______Hart

______/______/______Larue

______/______/______Meade

______/______/______Nelson

______/______/______Washington

HAZARD

______/______/______Breathitt

______/______/______Harlan

______/______/______Knott

______/______/______Lee

______/______/______Leslie

______/______/______Letcher

______/______/______Owsley

______/______/______Perry

LEXINGTON

______/______/______Anderson

______/______/______Bourbon

______/______/______Boyle

______/______/______Clark

______/______/______Estill

______/______/______Fayette

______/______/______Garrard

______/______/______Jessamine

______/______/______Madison

______/______/______Mercer

______/______/______Woodford

LONDON

______/______/______Bell

______/______/______Clay

______/______/______Clinton

______/______/______Jackson

______/______/______Knox

______/______/______Laurel

______/______/______Lincoln

______/______/______McCreary

______/______/______Pulaski

______/______/______Rockcastle

______/______/______Wayne

______/______/______Whitley

MADISONVILLE

______/______/______Christian ______/______/______Daviess ______/______/______Hancock ______/______/______Henderson

______/______/______Hopkins ______/______/______McLean ______/______/______Muhlenberg ______/______/______Ohio

______/______/______Todd ______/______/______Union ______/______/______Webster

MAYFIELD

______/______/______Caldwell ______/______/______Crittenden

______/______/______Ballard

______/______/______Calloway ______/______/______Carlisle ______/______/______Fulton ______/______/______Graves ______/______/______Hickman ______/______/______Livingston

______/______/______Lyon ______/______/______Marshall ______/______/______McCracken ______/______/______Trigg

MOREHEAD

______/______/______Bath

______/______/______Boyd

______/______/______Bracken

______/______/______Carter

______/______/______Fleming

______/______/______Greenup

______/______/______Lewis

______/______/______Mason

______/______/______Menifee

______/______/______Montgomery

______/______/______Nicholas

______/______/______Powell

______/______/______Robertson

______/______/______Rowan

PAINTSVILLE

______/______/______ Elliott

______/______/______ Floyd

______/______/______ Johnson

______/______/______Lawrence

______/______/______Magoffin

______/______/______Martin

______/______/______Morgan

______/______/______Pike

______/______/______Wolfe

SHELBYVILLE

______/______/______Carroll

______/______/______Franklin

______/______/______Henry

______/______/______Jefferson

______/______/______Oldham

______/______/______Shelby

______/______/______Spencer

______/______/______Trimble

WILLIAMSTOWN

______/______/______Boone

______/______/______Campbell

______/______/______Gallatin

______/______/______Grant

______/______/______Harrison

______/______/______Kenton

______/______/______Owen

______/______/______Pendleton

______/______/______Scott

EVALUATION FACTORS FOR AWARD

For purposes of this solicitation the NCIAS Code is 561730. The SIC Code is 0782,0783.

The small business size standard is average annual receipts of $7.0 Million or less.

In addition to price, the Government will consider other factors in selecting the contractor for award. Other factors to be considered will be past performance, the vendor’s capability to perform the required services, the vendor’s present staff, and staffing plan for additional employees and/or subcontractors.

Purchase orders might not be issued for all counties if anticipated demand does not warrant issuance of a purchase order. In such cases, purchase orders may be issued for individual properties on a case by case basis.

STATEMENT OF WORK

GENERAL:

The contractor shall furnish all the necessary personnel, material, equipment, transportation, services and facilities and other supplies and/or services to perform the Statement of Work (SOW) specifications as described herein. Lawns are generally 1/5 to ½ acre, but the pricing in this order includes yards up to and including one (1) acre. The contractor shall not mow more than one acre per property without first negotiating special payment provisions with the Contracting Officer or extra payment will be forfeit. It is highly recommended that the Contractor make a series of digital photos both “before” mowing and again “after” each mowing is completed. The contractor should meet with the Rural Development staff at our Area Office locations before beginning mowing for the season. Our staff can assist the contractor with locating properties by furnishing photos of properties, noting property locations on maps, and providing other information as to any portion of properties to be left un-mowed.

Services will be performed only when assigned by the Contracting Officer and/or the Rural Development staff at our Area Offices. The mowing season will generally begin approximately April 1, 2010 or later as directed by the Rural Development staff at the Area Office having authority over that county. Mowings might not be conducted in all counties. Mowings will generally be twice per month after mowing begins on a specific property. However, once the Government’s new Fiscal Year begins on October 01 mowing shall be done only under the explicit instruction of the Rural Development Area Office having authority over that county or by the Contracting Officer. Properties disposed of by Rural Development will be removed from the mowing cycle. Rural Development may also stop mowing of specific properties by giving notice to the contractor. It is possible that during the term of the purchase order that the counties reporting to any individual Rural Development Area Office may change, and/or the offices themselves may move. Such changes/moves will require the contractor to interact with additional offices and submit multiple invoices. None of those changes/moves shall entitle the contractor to any upward adjustment in payment, or allow for delays in performance under this purchase order.

TRIMMING:

For all items below, trimming must be done by a mechanical device such as a “weed wacker”, “string trimmer”, or other mechanical means. The contractor shall not allow such trimming methods to debark, damage, or “wound” trees shrubs, and/or other ornamental vegetation. Chemicals such as herbicides, flame and/or heat, or other similar materials/tools may not be used to trim properties.

DAMAGES:

The contractor shall use care to avoid damage to border area around the dwelling walls, driveways, posts, trees and shrubs etc, while trimming and/or mowing. The contractor should be especially careful to avoid damages due to flying debris. The contractor will be solely liable for the costs of repairing any damages, and for injury to persons, whether on the property being mowed, on other properties, and/or public spaces. The Government is not responsible for any payments to either the contractor or other parties due to damages, and for injury. It is highly recommended that the contractor maintain adequate insurance and workman’s compensation insurance.

MOWING SCHEDULE:

It is generally left to the discretion of the contractor to establish the exact mowing dates for the semi-monthly mowing schedule. Lawns shall generally be mowed within 1 or 2 calendar days of the established semi-monthly mowing cycle. If mowings will be made more than 3 calendar days before or after the normal mowing cycle, the contractor shall immediately notify the Rural Development Area Office staff of the actual and/or scheduled mowing date. Normal semi-monthly mowings cannot be made closer than ten (10) calendar days apart unless specific permission is granted from the Contracting Officer or by the Area Office issuing the mowing directive (if a mowing is provided in violation of this requirement the Government may elect to not make payment for that mowing, and the contractor specifically agrees that the Government does not owe the Contractor any payment for the mowings made closer than 10 calendar days apart). Equipment breakdown, employee unavailability and/or other factors shall not relieve the contractor from the responsibility to mow properties as scheduled, but in the event of difficulty, the contractor shall notify the appropriate Rural Development Area Office staff. If mowing is scheduled during periods of heavy rain, or immediately after periods of exceedingly heavy rain leaving water impoundments and/or conditions that will cause damage to lawns if mowing is conducted, the contractor shall contact the appropriate Rural Development Area Office staff to inquire if mowings should be conducted as scheduled, or delayed. Delays so scheduled shall not entitle to contractor to extra compensation even if vegetative growth exceeds normal length by the time the lawn is mowed. Likewise, mowings eliminated will not be paid. The contractor shall not skip regularly scheduled mowings without first gaining approval from the appropriate Rural Development Area Office staff.

The contractor specifically agrees that delays in conducting either an initial mowing, or a regularly scheduled regular mowing (such delay being at no fault or negligence of the Government) that allow vegetation to grow into the range which meets the definition of a bush hog mowing will not allow payment for a bush hog mowing. The height of the vegetation at the time the property was originally directed to be mowed will control if a bush hog mowing is paid.

SPECIAL DIRECTED MOW DATE:

Notwithstanding the immediately preceding paragraphs, the Government may direct any of the following services ( Items 01, 02 and/or 03) to be performed either on a certain day, or within a specific timeframe. If the contractor is notified less than 3 calendar days (count does not include the day of notification) prior to the directed mow date, the contractor will use best efforts to conduct mowing on the directed mow date. If the contractor is given 3 or more days (count does not include the day of notification) advance notice, then the contractor shall assure the property is mowed on a certain day, or within a specific timeframe as directed, subject to the raining or wet conditions provision above.

A special directed mow is normally done to give the property its best appearance for a foreclosure sale, and should only occur once for any individual property, unless a foreclosure sale has to be rescheduled or if a property is taken into USDA Rural Development Real Estate Owned inventory. The contractor must provide the special mowing as directed, at the same prices as quoted for a regular mowing. Special mowings may also direct the contractor to remove all clippings from the property. The Government will normally strive to give at least 5 days advance notice of a special mowing date.

HIDDEN OBJECTS:

It is anticipated that some hidden or partially hidden foreign objects may be present in the lawn. The Government is not responsible for any damages caused by foreign objects. The contractor is responsible for removing and properly disposing of foreign objects if they can be reasonably moved by an able bodied worker. If foreign objects cannot be reasonably moved by an able bodied worker, the contractor may mark the foreign objects to prevent damages on future mowings. The contractor will promptly notify the Area Office ahvig responsibility fo rhte county of foreign objects in the lawn.

NOTIFICATION OF MOWINGS COMPLETED:

The contractor will deliver notification to the appropriate Rural Development Area Office staff that a mowing has been completed by the end of the next business day after completing the mowing. Such notification is necessary to conduct appropriate field inspections of the services provided without wasting staff time on unnecessary trips if a mowing has not yet been conducted. Notification can be by personal visit, by telephone, or by Email if the Email notification is sent to each of the individuals Email addresses listed by the Rural Development Area Office on the mowing directive. Failure to provide such notification of each property mowed shall entitle the Government to a reduction of fifty percent (50%) of the price of each property mowed for which the above notification is not provided. If notifications are made by Email they must be made to all of the Government Email addresses specified on the mowing directive. This is necessary because there is no common Email account to which any employee can access, so if an employee receiving an Email message is not at work, other staff cannot access the message. If notification is provided by Email, it is recommended that the contractor request a delivery receipt and read receipt of the message. It is specifically requested that notifications of mowings include digital photographs of the property both before and after the mowing is completed.

01. LAWN MAINTENANCE SERVICE – FIRST MOWING of the season It is anticipated that the grass will be higher than normal for the first mowing. Properties will be mowed, raked, and all clippings removed and properly disposed.

Border area around the dwelling walls, trees and shrubs, posts, and driveways, will be trimmed with each mowing as part of the work under this line item.

The classification of “First Mowing” will cover all properties with predominant vegetation not exceeding 2 feet in height or substantial woody growth. The Rural Development Field Office Staff may designate properties with predominant vegetation over 2 feet in height and/or significant woody growth as “Bush Hog” mowings.

It is anticipated that debris such as leaves, tree limbs, paper, plastic, litter, and other items will have accumulated in the off season. The contractor is responsible for removal and proper disposal of these items at no increase in price. An initial mowing does not require the contractor to remove an unusually large amount of tree limbs, or to remove unusually large tree limbs from the property. If such are present on the property, the contractor will notify the appropriate Rural Development Area Office so removal arrangements can be made.

A property will be eligible for payment as a “first mowing” only once in the season, unless the Government suspends mowing for an extended period of time and as a result the vegetation is more than twice normal height. A property will qualify for a first mowing at any time during a season if it is a new property assigned to the contractor for mowing.

02. LAWN MAINTENANCE SERVICE – REGULAR MOWING

During applicable months, the contractor will mow and as specified below rake each lawn and remove clippings from the property. The mowings shall be at regularly spaced intervals twice per month on any one property. Border area around the dwelling walls, trees and shrubs, posts, and driveways, will be trimmed with each mowing. All debris and foreign items shall be properly disposed. Clippings shall be removed if they will show a noticeable residue on the lawn (either when green or after drying). Clipping residue shall always be removed from all paved surfaces whether concrete, blacktop, brick, stone, or other hard surface, all driveway and parking surfaces (even if not paved), wooden surfaces, and flower beds. The contractor shall make reasonable efforts to pull or break off any few large stray weeds from flower beds and other unmowed areas of the property.

NOTE: During dry weather months or late fall, the mowings may be reduced to every three weeks, or one per month and in the early spring, the mowings may be directed to be slightly more frequent. Any change from the twice per month schedule will be given to the contractor in writing by either the Contracting Officer and/or the appropriate Rural Development Area Office staff.

03. LAWN MAINTENANCE SERVICE – BUSH HOGGING

The Contractor will bush hog or otherwise mow properties where the majority of the grass/vegetation has exceeded two (2) feet in height. Minor amounts of vegetation exceeding the two (2) foot height will not qualify a mowing as a bush hog mowing. Border area around the dwelling walls, trees and shrubs, posts, and driveways, will be trimmed with each mowing. After property has been bush hogged and trimmed, the contractor will rake the entire yard and haul all cut grass/vegetation away and properly dispose of cut grass/vegetation, debris, and any foreign items. Because it is expected that a Bush Hog mowing will leave the lawn in a fairly rough condition, the next mowing after a bush hog mow will normally be classed as a “First Mowing of the Season” and will be paid as such. The appropriate Rural Development Area Office staff may direct the mowing after a bush hog mowing to be conducted earlier than a normal interval, which may even be immediately after a bush hog mowing.

ESTIMATED QUANTITY

The Quantities in the Purchase Order are estimated amounts only. The Estimated number of mowings and estimated amount of this order do however represent a ceiling amount which may not be exceeded without the Contracting Officer issuing a formal written modification to this order and obligating additional funding. The estimated quantities and funding amounts for each item may only be used for properties in those specific fund categories and time periods. The Rural Development Area Office staff is responsible for identifying to the contractor each property assigned for mowing as either an “R” property or an “L” property as appropriate so the contractor may monitor the availability of funds remaining of each type under the Purchase Order. Neither the estimated quantities nor the funding may be exceeded without the Contacting Officer issuing a formal written modification to this purchase order. The number of mowings required by the Government is dependent on the number of properties requiring service, and the weather. Specific authorization to mow specific properties at specific times, or temporary directives to suspend mowings because of dry weather, or any other reason will be provided to the contractor by either the Contracting Officer, or by the appropriate Rural Development Area Office staff.

Similarly, either the Contracting Officer and/or the appropriate Rural Development Area Office staff may discontinue mowing service at any or all properties because of properties moving out of the Government’s inventory, or for any other reason, and the contractor shall not be entitled for any payment for services not rendered, including anticipatory profits, overheads, personnel costs, or any and all similar costs.

INVOICES

The contractor shall submit one consolidated invoice per month for all mowings that were completed during the month. Submission by the contractor, of invoices more frequently than monthly is not permitted. The vendor shall make their invoice number prominent and easy to find on their invoice. The contractor shall limit their invoice number to 8 characters so it can be included on EFT payments. If an invoice number longer than 8 characters is provided, or if the invoice number is not easily detected, the Rural Development staff may substitute the invoice number with any information deemed appropriate, or leave the invoice number information on the EFT trailer record blank.

52.219-21 Small Business Size Representation for Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (May 1999)

[Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern under the size standards of this solicitation.]

Offeror’s number of employees for the past 12 months [check this column if size standard stated in solicitation is expressed in terms of number of employees] or Offeror’s average annual gross revenue for the last 3 fiscal years [check this column if size standard stated in solicitation is expressed in terms of annual receipts]. [Check one of the following.]

(End of provision)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor on or before September 30, 2010 provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 3 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause shall not exceed November 30, 2010. Payment will not be made for any services rendered after November 30, 2010 unless such mowings are specifically ordered by the Contracting Officer.

(d) Placing of the above notices in the U.S. Postal Service Mail by the Contracting Officer shall be deemed to be providing the contractor with the required written notice.(End of Provision)

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond September 30, 2010. The Government’s obligation for performance of this contract beyond that date 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 for performance under this contract beyond September 30, 2010, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

TERMINATION FOR CONVENIENCE – The Contracting Officer, by written notice, may terminate any individual work assignment or this purchase order itself in whole or in part, for the Government’s convenience. See FAR clause 52.249-4.

TERMINATION FOR DEFAULT – The Contracting Officer, by written notice, may terminate any individual work assignment or this purchase order itself in whole or in part, for failure of the vendor (contractor) to perform any of the provisions of this purchase order. In such an event, the vendor (contractor) shall be liable for damages, including the excess cost of reprocuring the services. See FAR Clause 52.249-8.

SERVICE CONTRACT ACT – This Purchase Order provides for services as defined by the Service Contract Act of 1965 and PL 89-286. The Act and the public law are applicable. The vendor (contractor) is required to provide this office with an annual Wage Rate Information Sheet in accordance with FAR Part 37. In addition the vendor (contractor) is required to pay each service employee employed in the performance of this Purchase Order by the contractor or subcontractor not less than the wage and fringe benefits determined by the Secretary of Labor that prevails in the locality. The minimum wage and fringe benefits for this service are specified in the wage rate determination that are attached to this Purchase Order at the time of execution. In the absence of a specific wage rate determination, the minimum wage set forth in the Fair Labor Standards Act will prevail. See FAR Clause 52.222-41

Note: The seven (7) Wage determinations attached to this Request For Quotations are presented in condensed print. If you need a full size copy, contact the Contracting Officer, listed in block #5 of the Standard Form 18. Wage determinations are also available on-line. The site is presently at www.wdol.gov

SECTION E

FEDERAL ACQUISITION REGULATION CLAUSES INCORPORATED BY REFERENCE

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.arnet.gov/far/loadmainre.htm/

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es). www.arnet.gov/far/loadmainre.htm/

FAR CLAUSE

REFERENCE

DATE

TITLE

52.204-7

Apr 2008

Central Contractor Registration

52.212-1

Jun 2008

Instructions to Offerors

52.212-4

Mar 2009

Contract Terms and Conditions – Commercial Items

52.214-34

Apr 1991

Submission of Offers in the English Language

52.214.35

Apr 1991

Submission of Offers in US Currency

52.222-41

Nov 2007

Service Contract Act of 1965 as amended 52.222-50

Feb 2009

Combating Trafficking in Persons

52.223-6

May 2001 Drug-Free Workplace 52.224-1

Apr 1984

Privacy Act Notification

52.224-2

Privacy Act

52.225-13

June 2008 Restrictions on Certain Foreign Purchases

52.225-14

Feb 2000

Inconsistency Between English Version and Translation of Contract

52.232-1

Payments

52.232-8

Feb 2002

Discounts for Prompt Payment 52.232-11

Apr 1984

Extras 52.232-18

Apr 1984

Availability of Funds

52.232-25

Oct 2008

Prompt Payment

52.232-33

Oct 2003

Payment by Electronic Funds Transfer – Central Contractor Registration

52-233-1

July 2002

Disputes

52-233-1 Alt 1

Dec 1991

Disputes-Alternate 1

52.233-3

Aug 1996

Protest after Award

53.233-4

Oct 2004

Applicable Law for Breach of Contract Claim

52.242-13

July 1995

Bankruptcy

52.243-1

Aug 1987

Changes – Fixed Price

( X ) 52.243-1 Alt 1 Apr 1984

Changes Alternate 1 (Applicable to Service Contracts) Applies if Marked 52.246-4

Aug 1996

Inspection of Services – Fixed Price

52.247-34

Nov 1991

F.O.B. Destination

52.249-8

Default (Fixed Price Supply and Service)

Either 52.222-20 or 52.222-41 apply, whichever is checked

( ) 52.222-20

Dec 1996

Walsh Healey Public Contracts Act

( X ) 52.222-41

Nov 2007

Service Contract Act of 1965 as amended

Either 52.249-1 or 52.249-4 below apply, whichever is checked

( ) 52.249-1

Apr 1984

Termination for Convenience of the Government (Fixed Price) (Short Form)

( X ) 52.249-4

Apr 1984

Termination for Convenience of the Government (Services) (Short Form)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Dec 2009)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 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).

__ (7) [Reserved]

__ (8)(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.

__ (9)(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.

__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(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.

__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (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.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_XX_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

_XX_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_XX_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (23) 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).

_XX_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (25) 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).

__ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (27)(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)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (30) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (31)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (36) 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)).

__ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (39) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (40) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (42)(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 contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_XX_ (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) (Sep 2009) (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 (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (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) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 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.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 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).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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 seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

SECTION F

REPRESENTATIONS AND CERTIFICATIONS

52.204-8 Annual Representations and Certifications. (Feb 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __561730__.

(2) The small business size standard is __annual receipts of $7 Million or less__.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_XX_ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

_XX_ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

__ (iii) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (vi) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (ix) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and…