RFQ_LAFIV.docx

REQUEST FOR

QUOTE (RFQ)

BLANKET PURCHASE

AGREEMENT (BPA)

LARGE ANIMAL FEED IV

IN SUPPORT OF:

NATIONAL CENTER

FOR ANIMAL HEALTH

REQUEST FOR QUOTE NUMBER AG-32SC-S-14-LAFIV

CONDUCTED UNDER FAR SUBPART 12.6

OCTOBER 28, 2014

AG-32SC-S-14-LAFIV FAR FAC 77

USDA, AGRICULTURAL RESEARCH SERVICE

PURCHASE ORDER TERMS & CONDITIONS FOR

COMMERCIAL ITEMS

GENERAL DESCRIPTION

THIS REQUEST FOR QUOTATION (RFQ) SHALL BE ISSUED, AND THEN AWARDED TO A CONTRACTOR, TO ESTABLISH BPA ARRANGEMENTS FOR ORDERING AND DELIVERING LARGE ANIMAL FEED. THE SUPPLIES SHALL BE PROVIDED IN ACCORDANCE WITH ALL SECTIONS OF THIS BPA

CLAUSES INCORPORATED BY REFERENCE: THIS ORDER 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 THE FOLLOWING ADDRESS: HTTPS://WWW.ACQUISITION.GOV/FAR.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.204-13 SYSTEM FOR SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2014)

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012).

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPTEMBER 2013).

52.209-2, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (MAY 2011)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

CLAUSES IN FULL TEXT:

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

DURING THE PERIOD SPECIFIED IN FAR CLAUSE 52.216-18, ORDERING, THE GOVERNMENT SHALL PLACE ORDERS TOTALING A MINIMUM OF $500.00, BUT NOT IN EXCESS OF $100,000.00.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

THE PERIOD OF PERFORMANCE OF THIS CONTRACT WILL BE FROM DATE OF AWARD (ANTICIPATED TO BE NOVEMBER 01, 2014) THROUGH OCTOBER 31, 2015.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

THE GOVERNMENT MAY REQUIRE CONTINUED PERFORMANCE OF ANY SERVICES WITHIN THE LIMITS AND AT THE RATES SPECIFIED IN THE CONTRACT. THESE RATES MAY BE ADJUSTED ONLY AS A RESULT OF REVISIONS TO PREVAILING LABOR RATES PROVIDED BY THE SECRETARY OF LABOR. THE OPTION PROVISION MAY BE EXERCISED MORE THAN ONCE, BUT THE TOTAL EXTENSION OF PERFORMANCE HEREUNDER SHALL NOT EXCEED 6 MONTHS. THE CONTRACTING OFFICER MAY EXERCISE THE OPTION BY WRITTEN NOTICE TO THE CONTRACTOR WITHIN 10 MONTHS.

FAR 52.216 22 INDEFINITE QUANTITY (OCT 1995)

(A) THIS IS AN INDEFINITE QUANTITY CONTRACT FOR THE SUPPLIES OR SERVICES SPECIFIED, AND EFFECTIVE FOR THE PERIOD STATED, IN THE SCHEDULE. THE QUANTITIES OF SUPPLIES AND SERVICES SPECIFIED IN THE SCHEDULE ARE ESTIMATES ONLY AND ARE NOT PURCHASED BY THIS CONTRACT.

(B) DELIVERY OR PERFORMANCE SHALL BE MADE ONLY AS AUTHORIZED BY ORDERS ISSUED IN ACCORDANCE WITH THE ORDERING CLAUSE. THE CONTRACTOR SHALL FURNISH TO THE GOVERNMENT, WHEN AND IF ORDERED, THE SUPPLIES OR SERVICES SPECIFIED IN THE SCHEDULE UP TO AND INCLUDING THE QUANTITY DESIGNATED IN THE SCHEDULE AS THE "MAXIMUM." THE GOVERNMENT SHALL ORDER AT LEAST THE QUANTITY OF SUPPLIES OR SERVICES DESIGNATED IN THE SCHEDULE AS THE "MINIMUM."

(C) EXCEPT FOR ANY LIMITATIONS ON QUANTITIES IN THE ORDER LIMITATIONS CLAUSE OR IN THE SCHEDULE, THERE IS NO LIMIT ON THE NUMBER OF ORDERS THAT MAY BE ISSUED. THE GOVERNMENT MAY ISSUE ORDERS REQUIRING DELIVERY TO MULTIPLE DESTINATIONS OR PERFORMANCE AT MULTIPLE LOCATIONS.

(D) ANY ORDER ISSUED DURING THE EFFECTIVE PERIOD OF THIS CONTRACT AND NOT COMPLETED WITHIN THAT PERIOD SHALL BE COMPLETED BY THE CONTRACTOR WITHIN THE TIME SPECIFIED IN THE ORDER. THE CONTRACT SHALL GOVERN THE CONTRACTOR'S AND GOVERNMENT'S RIGHTS AND OBLIGATIONS WITH RESPECT TO THAT ORDER TO THE SAME EXTENT AS IF THE ORDER WERE COMPLETED DURING THE CONTRACT'S EFFECTIVE PERIOD; PROVIDED, THAT THE CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS CONTRACT AFTER ONE MONTH AFTER THE COMPLETION OF THE CONTRACT AND ANY OPTIONS.

52.212-1 - INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (APR 2014)

OFFERORS SHALL FURNISH THE INFORMATION REQUIRED BY THIS SOLICITATION. A STANDARD FORM (SF) 1449 “SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS” COMPLETED AND SIGNED BY THE OFFEROR CONSTITUTES THE OFFEROR’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE PROPOSED CONTRACT. THEREFORE, THE FORM MUST BE EXECUTED BY A REPRESENTATIVE OF THE OFFEROR AUTHORIZED TO COMMIT THE OFFEROR TO CONTRACTUAL OBLIGATIONS.

OFFERORS ARE EXPECTED TO EXAMINE THIS ENTIRE SOLICITATION DOCUMENT INCLUDING THE CONTRACT. FAILURE TO DO SO WILL BE AT THE OFFEROR’S OWN RISK.

TERMS OF ANY EXPRESS WARRANTY.

OFFERORS SHALL SUBMIT A COMPLETE COPY OF REPRESENTATIONS AND CERTIFICATIONS AT FAR 52.212-3 (SEE FAR 52.212-3(B) FOR THOSE REPRESENTATIONS AND CERTIFICATIONS THAT THE OFFEROR SHALL COMPLETE ELECTRONICALLY).

52.212-2 -- EVALUATION -- COMMERCIAL ITEMS (JAN 1999)

(A) THE GOVERNMENT WILL AWARD A CONTRACT RESULTING FROM THIS SOLICITATION TO THE RESPONSIBLE OFFEROR WHOSE OFFER CONFORMING TO THE SOLICITATION WILL BE MOST ADVANTAGEOUS TO THE GOVERNMENT, PRICE AND OTHER FACTORS CONSIDERED. THE FOLLOWING FACTORS SHALL BE USED TO EVALUATE OFFERS:

EVALUATION ELEMENTS:

TECHNICAL EVALUATION: THIS FACTOR WILL; EVALUATE WHETHER THE OFFEROR’S SPECIFICATION MEETS OR EXCEEDS THE MINIMUM SPECIFICATION OUTLINED IN SECTION 1.4 “SERVICES AND PRICES TABLE DESCRIPTION” AND THE STATEMENT OF WORK.

PAST PERFORMANCE: THIS FACTOR WILL REVIEW THE OFFEROR’S PAST PERFORMANCE BASED ON INFORMATION PROVIDED IN THE OFFEROR’S QUOTE. OFFERORS SHALL PROVIDE THREE (3) RECENT CUSTOMER REFERENCES WITHIN THE PAST THREE YEARS IN WHICH THE OFFEROR DEMONSTRATED THEIR ABILITY TO PROVIDE LIKE OR SIMILAR SERVICES TO OTHER GOVERNMENT ENTITIES OR THE PRIVATE SECTOR. EACH REFERENCE SHALL IDENTIFY THE FOLLOWING: (1) NAME AND ADDRESS OF CUSTOMER, (2) TITLE AND TELEPHONE NUMBER, (3) CONTRACT/PURCHASE ORDER NUMBER(S), (4) DESCRIPTION OF SERVICE, (5) PERIOD OF PERFORMANCE AND (6) CONTRACT VALUE.

GREEN PLAN: THE CONTRACTOR SHALL UTILIZE PRODUCTS AND MATERIAL MADE FROM BIOBASED MATERIALS TO THE MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THE INTENDED END USE OR DETRACTING FROM THE OVERALL QUALITY DELIVERED TO THE END USER. ALL SUPPLIES AND MATERIALS SHALL BE OF A TYPE AND QUALITY THAT CONFORM TO APPLICABLE FEDERAL SPECIFICATIONS AND STANDARDS. ALL SUPPLIES AND MATERIALS TO BE USED IN THE PERFORMANCE OF WORK DESCRIBED HEREIN ARE SUBJECT TO THE APPROVAL OF THE CONTRACTING OFFICER REPRESENTATIVE (COR). IT IS DESIRABLE THAT VENDORS BE ABLE TO SUPPLY THE GREATEST NUMBER OF BIOBASED PRODUCTS LISTED MEETING THE HEALTH AND ENVIRONMENTAL SPECIFICATIONS.

PRICE: PRICE REASONABLENESS IS A MATTER OF THE COMPETITIVENESS OF THE OFFEROR QUOTE, CONSIDERING THE PRICE AND MERITS OF THE TECHNICAL PROPOSAL. PRICES WILL BE EVALUATED BASED UPON THE UNIT PRICE QUOTED FOR EACH PRICING GROUP. THE GOVERNMENT WILL EVALUATE QUOTES FOR AWARD PURPOSES BY ADDING ALL UNIT PRICES FOR A TOTAL PRICE FOR THE BASIC REQUIREMENT.

TECHNICAL, GREEN PLAN AND PAST PERFORMANCE (WHICH ARE ROUGHLY EQUAL), WHEN COMBINED, ARE SIGNIFICANTLY MORE IMPORTANT THAN PRICE

PROPOSAL

PART I - THE PRICE QUOTE SHALL CONTAIN THE FOLLOWING:

· REQUEST FOR QUOTATION (ATTACHMENT 2 SF-1449)

· SUPPLIES AND PRICES QUOTES (ATTACHMENT 1 SUPPLIES AND PRICES TABLE DESCRIPTION)

PART II - THE TECHNICAL REQUIREMENT SHALL CONTAIN THE FOLLOWING:

PROVIDE TECHNICAL INFORMATION TO SHOW THAT THE SUPPLIES OFFERED MEET AND ARE IN COMPLIANCE WITH THE TECHNICAL SPECIFICATIONS/DESCRIPTIONS IN ATTACHMENT 1.

PAST PERFORMANCE DEMONSTRATING TIMELY AND COMPLETE DELIVERY OF ORDERS (3 RELEVANT AND RECENT REFERENCES).

BIOBASED PURCHASING

(B) OPTIONS. THE GOVERNMENT WILL EVALUATE OFFERS FOR AWARD PURPOSES BY ADDING THE TOTAL PRICE FOR ALL OPTIONS TO THE TOTAL PRICE FOR THE BASIC REQUIREMENT. THE GOVERNMENT MAY DETERMINE THAT AN OFFER IS UNACCEPTABLE IF THE OPTION PRICES ARE SIGNIFICANTLY UNBALANCED. EVALUATION OF OPTIONS SHALL NOT OBLIGATE THE GOVERNMENT TO EXERCISE THE OPTION(S).

(C) A WRITTEN NOTICE OF AWARD OR ACCEPTANCE OF AN OFFER, MAILED OR OTHERWISE FURNISHED TO THE SUCCESSFUL OFFEROR WITHIN THE TIME FOR ACCEPTANCE SPECIFIED IN THE OFFER, SHALL RESULT IN A BINDING CONTRACT WITHOUT FURTHER ACTION BY EITHER PARTY. BEFORE THE OFFER’S SPECIFIED EXPIRATION TIME, THE GOVERNMENT MAY ACCEPT AN OFFER (OR PART OF AN OFFER), WHETHER OR NOT THERE ARE NEGOTIATIONS AFTER ITS RECEIPT, UNLESS A WRITTEN NOTICE OF WITHDRAWAL IS RECEIVED BEFORE AWARD.

THE GOVERNMENT MAY MAKE AWARD BASED ON INITIAL QUOTES RECEIVED, WITHOUT DISCUSSION OF SUCH QUOTES. QUOTES SHALL SET FORTH FULL, ACCURATE, AND COMPLETE INFORMATION AS REQUIRED BY THIS SOLICITATION PACKAGE (INCLUDING ATTACHMENTS). THE PENALTY FOR MAKING FALSE STATEMENTS IN QUOTES IS PRESCRIBED IN 18 U.S.C. 1001.

52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (OCT 2014)

(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) (PUBLIC LAWS 108-77, 108-78 (19 U.S.C. 3805 NOTE)).

(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.]

_XX_ (1) 52.203-6, RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006), WITH ALTERNATE I (OCT 1995) (41 U.S.C. 4704 AND 10 U.S.C. 2402).

___ (2) 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (JUN 2010) (SECTION 1553 OF PUB L. 111-5) (APPLIES TO CONTRACTS FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009).

_XX_ (4) 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2013) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE).

___ (5) [RESERVED]

___ (6) 52.204-14, SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014) (PUB. L. 111-117, SECTION 743 OF DIV. C).

___ (7) 52.204-15, SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (JAN 2014) (PUB. L. 111-117, SECTION 743 OF DIV. C).

_XX_ (8) 52.209-6, PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013) (31 U.S.C. 6101 NOTE).

___ (9) 52.209-9, UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (41 U.S.C. 2313).

_XX_ (10) 52.209-10, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (MAY 2012) (SECTION 738 OF DIVISION C OF PUBLIC LAW 112-74, SECTION 740 OF DIVISION C OF PUB. L. 111-117, SECTION 743 OF DIVISION D OF PUB. L. 111-8, AND SECTION 745 OF DIVISION D OF PUB. L. 110-161).

___ (11) (I) 52.219-3, NOTICE OF HUBZONE SET-ASIDE OR SOLE-SOURCE AWARD (NOV 2011) (15 U.S.C. 657A).

___ (II) ALTERNATE I (NOV 2011) OF 52.219-3.

___ (12) (I) 52.219-4, NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2014) (IF THE OFFEROR ELECTS TO WAIVE THE PREFERENCE, IT SHALL SO INDICATE IN ITS OFFER)(15 U.S.C. 657A).

___ (II) ALTERNATE I (JAN 2011) OF 52.219-4.

___ (13) [RESERVED]

_XX_ (14) (I) 52.219-6, NOTICE OF TOTAL SMALL BUSINESS ASIDE (NOV 2011) (15 U.S.C. 644).

___ (II) ALTERNATE I (NOV 2011).

___ (III) ALTERNATE II (NOV 2011).

___ (15) (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.

_XX_ (16) 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (15 U.S.C. 637(D)(2) AND (3)).

___ (17) (I) 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014) (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.

___ (IV) ALTERNATE III (OCT 2014) OF 52.219-9.

___ (18) 52.219-13, NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) (15 U.S.C. 644(R)).

_XX_ (19) 52.219-14, LIMITATIONS ON SUBCONTRACTING (NOV 2011) (15 U.S.C. 637(A)(14)).

___ (20) 52.219-16, LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999) (15 U.S.C. 637(D)(4)(F)(I)).

___ (21) 52.219-27, NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2011) (15 U.S.C. 657F).

___ (22) 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(A)(2)).

___ (23) 52.219-29, NOTICE OF SET-ASIDE FOR ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB) CONCERNS (JUL 2013) (15 U.S.C. 637(M)).

___ (24) 52.219-30, NOTICE OF SET-ASIDE FOR WOMEN-OWNED SMALL BUSINESS (WOSB) CONCERNS ELIGIBLE UNDER THE WOSB PROGRAM (JUL 2013) (15 U.S.C. 637(M)).

_XX_ (25) 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).

_XX_ (26) 52.222-19, CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2014) (E.O. 13126).

_XX_ (27) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (FEB 1999).

_XX_ (28) 52.222-26, EQUAL OPPORTUNITY (MAR 2007) (E.O. 11246).

_XX_ (39) 52.222-35, EQUAL OPPORTUNITY FOR VETERAN (JUL 2014) (38 U.S.C. 4212).

_XX_ (30) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793).

_XX_ (31) 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUL 2014) (38 U.S.C. 4212).

_XX_ (32) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496).

_XX_ (33) 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013). (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.)

_XX_ (34) (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.)

___ (35) (I) 52.223-13, ACQUISITION OF EPEAT® -REGISTERED IMAGING EQUIPMENT (JUN 2014) (E.O.S 13423 AND 13514

___ (II) ALTERNATE I (JUN 2014) OF 52.223-13.

___ (36) (I) 52.223-14, ACQUISITION OF EPEAT® -REGISTERED TELEVISION (JUN 2014) (E.O.S 13423 AND 13514).

___ (II) ALTERNATE I (JUN 2014) OF 52.223-14.

___ (37) 52.223-15, ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) (42 U.S.C. 8259B).

___ (38) (I) 52.223-16, ACQUISITION OF EPEAT® -REGISTERED PERSONAL COMPUTER PRODUCTS (JUN 2014) (E.O.S 13423 AND 13514).

___ (II) ALTERNATE I (JUN 2014) OF 52.223-16.

_XX_ (39) 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011).

_XX_ (40) 52.225-1, BUY AMERICAN--SUPPLIES (MAY 2014) (41 U.S.C. CHAPTER 83).

_XX_ (41) (I) 52.225-3, BUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT (MAY 2014) (41 U.S.C. CHAPTER 83, 19 U.S.C. 3301 NOTE, 19 U.S.C. 2112 NOTE, 19 U.S.C. 3805 NOTE, 19 U.S.C. 4001 NOTE, PUB. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, AND 112-43).

___ (II) ALTERNATE I (MAY 2014) OF 52.225-3.

___ (III) ALTERNATE II (MAY 2014) OF 52.225-3.

___ (IV) ALTERNATE III (MAY 2014) OF 52.225-3.

___ (42) 52.225-5, TRADE AGREEMENTS (NOV 2013) (19 U.S.C. 2501, ET SEQ., 19 U.S.C. 3301 NOTE).

_XX_ (43) 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.’S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY).

___ (44) 52.225-26, CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (JUL 2013) (SECTION 862, AS AMENDED, OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008; 10 U.S.C. 2303 NOTE).

___ (45) 52.226-4, NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE (NOV 2007) (42 U.S.C. 5150).

___ (46) 52.226-5, RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA (NOV 2007) (42 U.S.C. 5150).

___ (47) 52.232-29, TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS (FEB 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(F)).

___ (48) 52.232-30, INSTALLMENT PAYMENTS FOR COMMERCIAL ITEMS (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(F)).

_XX_ (49) 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER— SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332).

___ (50) 52.232-34, PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332).

_XX_ (51) 52.232-36, PAYMENT BY THIRD PARTY (MAY 2014) (31 U.S.C. 3332).

___ (52) 52.239-1, PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) (5 U.S.C. 552A).

___ (53) (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 LABOR STANDARDS (MAY 2014) (41 U.S.C. CHAPTER 67.).

___ (2) 52.222-42, STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) (29 U.S.C. 206 AND 41 U.S.C. CHAPTER 67).

___ (3) 52.222-43, FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS -- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 2014) (29 U.S.C.206 AND 41 U.S.C. CHAPTER 67).

___ (4) 52.222-44, FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS -- PRICE ADJUSTMENT (MAY 2014) (29 U.S.C. 206 AND 41 U.S.C. CHAPTER 67).

___ (5) 52.222-51, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67).

___ (6) 52.222-53, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67).

___ (7) 52.222-17, NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) (E.O. 13495).

___ (8) 52.226-6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS. (MAY 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, ACCEPTING AND DISPENSING OF $1 COIN (SEP 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 (APR 2010) (41 U.S.C. 3509).

(II) 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (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 $650,000 ($1.5 MILLION FOR CONSTRUCTION OF ANY PUBLIC FACILITY), THE SUBCONTRACTOR MUST INCLUDE 52.219-8 IN LOWER TIER SUBCONTRACTS THAT OFFER SUBCONTRACTING OPPORTUNITIES.

(III) 52.222-17, NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) (E.O. 13495). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (1) OF FAR CLAUSE 52.222-17.

(IV) 52.222-26, EQUAL OPPORTUNITY (MAR 2007) (E.O. 11246).

(V) 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUL 2014) (38 U.S.C. 4212).

(VI) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793).

(VII) 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUL 2014) (38 U.S.C. 4212).

(VIII) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (F) OF FAR CLAUSE 52.222-40.

(IX) 52.222-41, SERVICE CONTRACT LABOR STANDARDS (MAY 2014), (41 U.S.C. CHAPTER 67).

(X) 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)).

(XI) 52.222-51, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67.)

(XII) 52.222-53, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67)

(XIII) 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013).

(XIV) 52.225-26, CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (JUL 2013) (SECTION 862, AS AMENDED, OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008; 10 U.S.C. 2302 NOTE).

(XV) 52.226-6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS. (MAY 2014) (42 U.S.C. 1792). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (E) OF FAR CLAUSE 52.226-6.

(XVI) 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)

ALTERNATE I (FEB 2000). AS PRESCRIBED IN 12.301(B)(4)(I), DELETE PARAGRAPH (D) FROM THE BASIC CLAUSE, REDESIGNATE PARAGRAPH (E) AS PARAGRAPH (D), AND REVISE THE REFERENCE TO “PARAGRAPHS (A), (B), (C), OR (D) OF THIS CLAUSE” IN THE REDESIGNATED PARAGRAPH (D) TO READ “PARAGRAPHS (A), (B), AND (C) OF THIS CLAUSE”.

ALTERNATE II (OCT 2014). AS PRESCRIBED IN 12.301(B)(4)(II), SUBSTITUTE THE FOLLOWING PARAGRAPHS (D)(1) AND (E)(1) FOR PARAGRAPHS (D)(1) AND (E)(1) OF THE BASIC CLAUSE AS FOLLOWS:

(D)

(1) THE COMPTROLLER GENERAL OF THE UNITED STATES, AN APPROPRIATE INSPECTOR GENERAL APPOINTED UNDER SECTION 3 OR 8G OF THE INSPECTOR GENERAL ACT OF 1978 (5 U.S.C. APP.), OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THE FOREGOING OFFICIALS SHALL HAVE ACCESS TO AND RIGHT TO—

(I) EXAMINE ANY OF THE CONTRACTOR’S OR ANY SUBCONTRACTORS’ RECORDS THAT PERTAIN TO, AND INVOLVE TRANSACTIONS RELATING TO, THIS CONTRACT; AND

(II) INTERVIEW ANY OFFICER OR EMPLOYEE REGARDING SUCH TRANSACTIONS.

(E)

(1) NOTWITHSTANDING THE REQUIREMENTS OF THE CLAUSES IN PARAGRAPHS (A), (B), AND (C), OF THIS CLAUSE, THE CONTRACTOR IS NOT REQUIRED TO FLOW DOWN ANY FAR CLAUSE IN A SUBCONTRACT FOR COMMERCIAL ITEMS, OTHER THAN—

(I) PARAGRAPH (D) OF THIS CLAUSE. THIS PARAGRAPH FLOWS DOWN TO ALL SUBCONTRACTS, EXCEPT THE AUTHORITY OF THE INSPECTOR GENERAL UNDER PARAGRAPH (D)(1)(II) DOES NOT FLOW DOWN; AND (II) THOSE CLAUSES LISTED IN THIS PARAGRAPH (E)(1). UNLESS OTHERWISE INDICATED BELOW, THE EXTENT OF THE FLOW DOWN SHALL BE AS REQUIRED BY THE CLAUSE—

(A) 52.203–13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) (41 U.S.C. 3509).

(B) 52.203-15, WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (JUN 2010) (SECTION 1553 OF PUB. L. 111-5).

(C) 52.219–8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (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 $650,000 ($1.5 MILLION FOR CONSTRUCTION OF ANY PUBLIC FACILITY), THE SUBCONTRACTOR MUST INCLUDE 52.219-8 IN LOWER TIER SUBCONTRACTS THAT OFFER SUBCONTRACTING OPPORTUNITIES.

(D) 52.222–26, EQUAL OPPORTUNITY (MAR 2007) (E.O. 11246).

(E) 52.222–35, EQUAL OPPORTUNITY FOR VETERANS (JUL 2010) (38 U.S.C. 4212).

(F) 52.222–36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793).

(G) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (F) OF FAR CLAUSE 52.222-40.

(H) 52.222–41, SERVICE CONTRACT LABOR STANDARDS (MAY 2014) (41 U.S.C. CHAPTER 67).

(I) 52.222–50, COMBATING TRAFFICKING IN PERSONS (FEB 2009) (22 U.S.C. 7104(G)).

(J) 52.222–51, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67).

(K) 52.222–53, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67).

(L) 52.222–54, EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013).

(M) 52.226–6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS. (MAY 2014) (42 U.S.C. 1792). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (E) OF FAR CLAUSE 52.226–6.

(N) 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.

ORDERING

INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA SHALL BE IDENTIFIED IN WRITING BY THE CONTRACTING OFFICER.

CALL LIMITATION

NO SINGLE PURCHASE/CALL UNDER THIS BPA SHALL EXCEED $25,000.00 UNLESS PLACED BY THE CONTRACT SPECIALIST LISTED UNDER ITEM SIX OF THE BPA AGREEMENT.

EXTENT OF OBLIGATION

THIS AGREEMENT WILL NOT OBLIGATE THE GOVERNMENT TO ORDER, OR THE CONTRACTOR TO FURNISH ANY ARTICLES IN ANY QUANTITY EXCEPT TO THE EXTENT THAT MAY BE AGREED UPON IN CONNECTION WITH INDIVIDUAL TRANSACTIONS. QUANTITIES LISTED IN THE SERVICES AND PRICES TABLE DESCRIPTION, ATTACHMENT 1, ARE ESTIMATED QUANTITIES BASED ON PAST USAGE AND FORECASTING FOR THE UPCOMING YEAR, THEY ARE NOT GUARANTEED QUANTITIES. THIS BPA IS NOT A CONTRACT, BUT ORDERS PLACED AGAINST IT BECOME CONTRACTUAL UPON ACCEPTANCE BY THE CONTRACTOR.

PRODUCTS/PRICES DESCRIPTION

· SERVICES AND PRICES TABLE IS LOCATED IN ATTACHMENT 1.

· PRICING SHALL BE UPDATED EVERY THREE MONTHS, FOR REVIEW AND INCORPORATION INTO THE BPA.

· BIOBASED PRODUCTS: THE CONTRACTOR MUST COMPLY WITH THE AGRICULTURAL ACT OF 2014; THE FOOD, CONSERVATION AND ENERGY ACT OF 2008 (FCEA), 7 U.S.C. 8102; THE FARM SECURITY AND RURAL INVESTMENT ACT OF 2002 (FSRIA), 7 U.S.C. 8102; THE FEDERAL ACQUISITION REGULATION; EXECUTIVE ORDER (EO) 13514, “FEDERAL LEADERSHIP IN ENVIRONMENTAL, ENERGY AND ECONOMIC PERFORMANCE,” DATED OCTOBER 5, 2009; EO 13423, “STRENGTHENING FEDERAL ENVIRONMENTAL, ENERGY, AND TRANSPORTATION MANAGEMENT,” DATED JANUARY 24, 2007; AND PRESIDENTIAL MEMORANDUM, “DRIVING INNOVATION AND CREATING JOBS IN RURAL AMERICA THROUGH BIOBASED AND SUSTAINABLE PRODUCT PROCUREMENT,” DATED FEBRUARY, 2012 TO PROVIDE BIOBASED PRODUCTS.

· ALL SUPPLIES AND MATERIALS SHALL BE OF A TYPE AND QUANTITY THAT CONFORM TO APPLICABLE FEDERAL SPECIFICATIONS AND STANDARDS, AND TO THE EXTENT FEASIBLE AND REASONABLE; INCLUDE THE EXCLUSIVE USE OF BIOBASED AND RECYCLED PRODUCTS.

· THE FOLLOWING IS A LIST OF CATEGORIES FOR BIOPREFERRED PRODUCTS THAT ARE REQUIRED FOR PERFORMANCE OF THIS SERVICE CONTRACT.

· EQUIPMENT LUBRICANTS,

· HYDRAULIC FLUIDS,

· FUEL ADDITIVES,

· ENGINE OILS,

· OFFICE PRODUCTS (INK, PAPER, CLEANING PRODUCTS)

FOR MORE INFORMATION REGARDING THE DEPARTMENT OF AGRICULTURE BIOBASED PROGRAM GO TO: HTTP://WWW.BIOPREFERRED.GOV.

DELIVERY TICKETS

DELIVERY TICKETS OR SALES SLIPS THAT SHALL CONTAIN THE FOLLOWING MINIMUM INFORMATION FOR EACH CALL:

(I) NAME OF SUPPLIER.

(II) BPA NUMBER.

(III) DATE OF PURCHASE.

(IV) PURCHASE NUMBER.

(V) ITEMIZED LIST OF SUPPLIES OR SERVICES FURNISHED.

(VI) QUANTITY, UNIT PRICE, AND EXTENSION OF EACH ITEM, LESS APPLICABLE DISCOUNTS (UNIT PRICES AND EXTENSIONS NEED NOT BE SHOWN WHEN INCOMPATIBLE WITH THE USE OF AUTOMATED SYSTEMS, PROVIDED THAT THE INVOICE IS ITEMIZED TO SHOW THIS INFORMATION).

(VII) DATE OF DELIVERY OR SHIPMENT.

INVOICING:

(I) A SUMMARY INVOICE SHALL BE SUBMITTED AT LEAST MONTHLY OR UPON EXPIRATION OF THIS BPA, WHICHEVER OCCURS FIRST, FOR ALL DELIVERIES MADE DURING A BILLING PERIOD, IDENTIFYING THE DELIVERY TICKETS COVERED THEREIN, STATING THEIR TOTAL DOLLAR VALUE, AND SUPPORTED BY RECEIPT COPIES OF THE DELIVERY TICKETS.

(II) INVOICES WILL BE HANDLED IN ACCORDANCE WITH THE PROMPT PAYMENT ACT AND FAR CLAUSE 52.232-25. CONTRACTORS SHALL ASSIGN AN IDENTIFICATION NUMBER TO EACH INVOICE.

INVOICE CONTENT

THE CONTRACTOR SHALL SUBMIT TO THE COR AN ORIGINAL INVOICE TO THE ADDRESS DESIGNATED IN THE BPA TO RECEIVE INVOICES.

THE CONTRACTOR SHALL PREPARE AND SUBMIT INVOICES TO THE DESIGNATED BILLING OFFICE SPECIFIED IN THE CONTRACT.

(I) NAME AND ADDRESS OF THE CONTRACTOR.

(II) INVOICE DATE AND INVOICE NUMBER.

(III) CONTRACT OR CALL NUMBER OR OTHER AUTHORIZATION

(IV) DESCRIPTION, QUANTITY, UNIT OF MEASURE, UNIT PRICE, AND EXTENDED PRICE OF SUPPLIES DELIVERED OR SERVICES PERFORMED.

(V) BILL OF LADING NUMBER AND WEIGHT OF SHIPMENT WILL BE SHOWN FOR SHIPMENTS ON GOVERNMENT BILLS OF LADING.

(VI) SMALL BUSINESS CONTRACTORS SHALL SELF-CERTIFY ON EACH INVOICE THEIR SMALL BUSINESS STATUS.

FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAY 2014)

AN OFFEROR SHALL COMPLETE ONLY PARAGRAPH (B) OF THIS PROVISION IF THE OFFEROR HAS COMPLETED THE ANNUAL REPRESENTATIONS AND CERTIFICATIONS ELECTRONICALLY VIA HTTPS://WWW.ACQUISITION.GOV.

IF AN OFFEROR HAS NOT COMPLETED THE ANNUAL REPRESENTATIONS AND CERTIFICATIONS ELECTRONICALLY AT THE SYSTEM FOR AWARD MANAGEMENT (SAM) WEBSITE, THE OFFEROR SHALL COMPLETE ONLY PARAGRAPHS (C) THROUGH (O) OF THIS PROVISION.

(A) DEFINITIONS. AS USED IN THIS PROVISION--

“ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB) CONCERN” MEANS A SMALL BUSINESS CONCERN THAT IS AT LEAST 51 PERCENT DIRECTLY AND UNCONDITIONALLY OWNED BY, AND THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF WHICH ARE CONTROLLED BY, ONE OR MORE WOMEN WHO ARE CITIZENS OF THE UNITED STATES AND WHO ARE ECONOMICALLY DISADVANTAGED IN ACCORDANCE WITH 13 CFR PART 127. IT AUTOMATICALLY QUALIFIES AS A WOMEN-OWNED SMALL BUSINESS ELIGIBLE UNDER THE WOSB PROGRAM.

“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.

“INVERTED DOMESTIC CORPORATION,” AS USED IN THIS SECTION, MEANS A FOREIGN INCORPORATED ENTITY WHICH IS TREATED AS AN INVERTED DOMESTIC CORPORATION UNDER 6 U.S.C. 395(B), I.E., A CORPORATION THAT USED TO BE INCORPORATED IN THE UNITED STATES, OR USED TO BE A PARTNERSHIP IN THE UNITED STATES, BUT NOW IS INCORPORATED IN A FOREIGN COUNTRY, OR IS A SUBSIDIARY WHOSE PARENT CORPORATION IS INCORPORATED IN A FOREIGN COUNTRY, THAT MEETS THE CRITERIA SPECIFIED IN 6 U.S.C. 395(B), APPLIED IN ACCORDANCE WITH THE RULES AND DEFINITIONS OF 6 U.S.C. 395(C). AN INVERTED DOMESTIC CORPORATION AS HEREIN DEFINED DOES NOT MEET THE DEFINITION OF AN INVERTED DOMESTIC CORPORATION AS DEFINED BY THE INTERNAL REVENUE CODE AT 26 U.S.C. 7874.

“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.

“RESTRICTED BUSINESS OPERATIONS” MEANS BUSINESS OPERATIONS IN SUDAN THAT INCLUDE POWER PRODUCTION ACTIVITIES, MINERAL EXTRACTION ACTIVITIES, OIL-RELATED ACTIVITIES, OR THE PRODUCTION OF MILITARY EQUIPMENT, AS THOSE TERMS ARE DEFINED IN THE SUDAN ACCOUNTABILITY AND DIVESTMENT ACT OF 2007 (PUB. L. 110-174). RESTRICTED BUSINESS OPERATIONS DO NOT INCLUDE BUSINESS OPERATIONS THAT THE PERSON (AS THAT TERM IS DEFINED IN SECTION 2 OF THE SUDAN ACCOUNTABILITY AND DIVESTMENT ACT OF 2007) CONDUCTING THE BUSINESS CAN DEMONSTRATE—

(1) ARE CONDUCTED UNDER CONTRACT DIRECTLY AND EXCLUSIVELY WITH THE REGIONAL GOVERNMENT OF SOUTHERN SUDAN;

(2) ARE CONDUCTED PURSUANT TO SPECIFIC AUTHORIZATION FROM THE OFFICE OF FOREIGN ASSETS CONTROL IN THE DEPARTMENT OF THE TREASURY, OR ARE EXPRESSLY EXEMPTED UNDER FEDERAL LAW FROM THE REQUIREMENT TO BE CONDUCTED UNDER SUCH AUTHORIZATION;

(3) CONSIST OF PROVIDING GOODS OR SERVICES TO MARGINALIZED POPULATIONS OF SUDAN;

(4) CONSIST OF PROVIDING GOODS OR SERVICES TO AN INTERNATIONALLY RECOGNIZED PEACEKEEPING FORCE OR HUMANITARIAN ORGANIZATION;

(5) CONSIST OF PROVIDING GOODS OR SERVICES THAT ARE USED ONLY TO PROMOTE HEALTH OR EDUCATION; OR

(6) HAVE BEEN VOLUNTARILY SUSPENDED.

SENSITIVE TECHNOLOGY—

(1) MEANS HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT, OR ANY OTHER TECHNOLOGY THAT IS TO BE USED SPECIFICALLY—

(I) TO RESTRICT THE FREE FLOW OF UNBIASED INFORMATION IN IRAN; OR

(II) TO DISRUPT, MONITOR, OR OTHERWISE RESTRICT SPEECH OF THE PEOPLE OF IRAN; AND

(2) DOES NOT INCLUDE INFORMATION OR INFORMATIONAL MATERIALS THE EXPORT OF WHICH THE PRESIDENT DOES NOT HAVE THE AUTHORITY TO REGULATE OR PROHIBIT PURSUANT TO SECTION 203(B)(3) OF THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT (50 U.S.C. 1702(B)(3)).

“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.

“SUBSIDIARY” MEANS AN ENTITY IN WHICH MORE THAN 50 PERCENT OF THE ENTITY IS OWNED—

(1) DIRECTLY BY A PARENT CORPORATION; OR

(2) THROUGH ANOTHER SUBSIDIARY OF A PARENT CORPORATION.

“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 THE 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.

“WOMEN-OWNED SMALL BUSINESS (WOSB) CONCERN ELIGIBLE UNDER THE WOSB PROGRAM (IN ACCORDANCE WITH 13 CFR PART 127),” MEANS A SMALL BUSINESS CONCERN THAT IS AT LEAST 51 PERCENT DIRECTLY AND UNCONDITIONALLY OWNED BY, AND THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF WHICH ARE CONTROLLED BY, ONE OR MORE WOMEN WHO ARE CITIZENS OF THE UNITED STATES.

(B)

(1) ANNUAL REPRESENTATIONS AND CERTIFICATIONS. ANY CHANGES PROVIDED BY THE OFFEROR IN PARAGRAPH (B)(2) OF THIS PROVISION DO NOT AUTOMATICALLY CHANGE THE REPRESENTATIONS AND CERTIFICATIONS POSTED ON THE SAMWEBSITE.

(2) THE OFFEROR HAS COMPLETED THE ANNUAL REPRESENTATIONS AND CERTIFICATIONS ELECTRONICALLY VIA THE SAM WEBSITE ACCESSED THROUGH HTTPS://WWW.ACQUISITION.GOV. AFTER REVIEWING THE SAM DATABASE INFORMATION, THE OFFEROR VERIFIES BY SUBMISSION OF THIS OFFER THAT THE REPRESENTATION AND CERTIFICATIONS CURRENTLY POSTED ELECTRONICALLY AT FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS, HAVE BEEN ENTERED OR UPDATED IN THE LAST 12 MONTHS, ARE CURRENT, ACCURATE, COMPLETE, AND APPLICABLE TO THIS SOLICITATION (INCLUDING THE BUSINESS SIZE STANDARD APPLICABLE TO THE NAICS CODE REFERENCED FOR THIS SOLICITATION), AS OF THE DATE OF THIS OFFER AND ARE INCORPORATED IN THIS OFFER BY REFERENCE (SEE FAR 4.1201), EXCEPT FOR PARAGRAPHS ____________. [OFFEROR TO IDENTIFY THE APPLICABLE PARAGRAPHS AT (C) THROUGH (O) OF THIS PROVISION THAT THE OFFEROR HAS COMPLETED FOR THE PURPOSES OF THIS SOLICITATION ONLY, IF ANY. THESE AMENDED REPRESENTATION(S) AND/OR CERTIFICATION(S) ARE ALSO INCORPORATED IN THIS OFFER AND ARE CURRENT, ACCURATE, AND COMPLETE AS OF THE DATE OF THIS OFFER. ANY CHANGES PROVIDED BY THE OFFEROR ARE APPLICABLE TO THIS SOLICITATION ONLY, AND DO NOT RESULT IN AN UPDATE TO THE REPRESENTATIONS AND CERTIFICATIONS POSTED ELECTRONICALLY ON SAM.]

(C) OFFERORS MUST COMPLETE THE FOLLOWING REPRESENTATIONS WHEN THE RESULTING CONTRACT IS TO 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)(8) AND (C)(9) ONLY IF THIS SOLICITATION IS EXPECTED TO EXCEED THE SIMPLIFIED ACQUISITION THRESHOLD.

(6) WOSB CONCERN ELIGIBLE UNDER THE WOSB PROGRAM. [COMPLETE ONLY IF THE OFFEROR REPRESENTED ITSELF AS A WOMEN-OWNED SMALL BUSINESS CONCERN IN PARAGRAPH (C)(5) OF THIS PROVISION.] THE OFFEROR REPRESENTS THAT—

(I) IT [_] IS, [_] IS NOT A WOSB CONCERN ELIGIBLE UNDER THE WOSB PROGRAM, HAS PROVIDED ALL THE REQUIRED DOCUMENTS TO THE WOSB REPOSITORY, AND NO CHANGE IN CIRCUMSTANCES OR ADVERSE DECISIONS HAVE BEEN ISSUED THAT AFFECTS ITS ELIGIBILITY; AND (II) IT [_] IS, [_] IS NOT A JOINT VENTURE THAT COMPLIES WITH THE REQUIREMENTS OF 13 CFR PART 127, AND THE REPRESENTATION IN PARAGRAPH (C)(6)(I) OF THIS PROVISION IS ACCURATE FOR EACH WOSB CONCERN ELIGIBLE UNDER THE WOSB PROGRAM PARTICIPATING IN THE JOINT VENTURE. [THE OFFEROR SHALL ENTER THE NAME OR NAMES OF THE WOSB CONCERN ELIGIBLE UNDER THE WOSB PROGRAM AND OTHER SMALL BUSINESSES THAT ARE PARTICIPATING IN THE JOINT VENTURE: _________.] EACH WOSB CONCERN ELIGIBLE UNDER THE WOSB PROGRAM PARTICIPATING IN THE JOINT VENTURE SHALL SUBMIT A SEPARATE SIGNED COPY OF THE WOSB REPRESENTATION.

(7) ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB) CONCERN. [COMPLETE ONLY IF THE OFFEROR REPRESENTED ITSELF AS A WOSB CONCERN ELIGIBLE UNDER THE WOSB PROGRAM IN (C)(6) OF THIS PROVISION.] THE OFFEROR REPRESENTS THAT—

(I) IT [_] IS, [_] IS NOT AN EDWOSB CONCERN, HAS PROVIDED ALL THE REQUIRED DOCUMENTS TO THE WOSB REPOSITORY, AND NO CHANGE IN CIRCUMSTANCES OR ADVERSE DECISIONS HAVE BEEN ISSUED THAT AFFECTS ITS ELIGIBILITY; AND (II) IT [_] IS, [_] IS NOT A JOINT VENTURE THAT COMPLIES WITH THE REQUIREMENTS OF 13 CFR PART 127, AND THE REPRESENTATION IN PARAGRAPH (C)(7)(I) OF THIS PROVISION IS ACCURATE FOR EACH EDWOSB CONCERN PARTICIPATING IN THE JOINT VENTURE. [THE OFFEROR SHALL ENTER THE NAME OR NAMES OF THE EDWOSB CONCERN AND OTHER SMALL BUSINESSES THAT ARE PARTICIPATING IN THE JOINT VENTURE: _____________.] EACH EDWOSB CONCERN PARTICIPATING IN THE JOINT VENTURE SHALL SUBMIT A SEPARATE SIGNED COPY OF THE EDWOSB REPRESENTATION.

(8) 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.

(9) 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:___________________________________________

(10) [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 SAM DYNAMIC SMALL BUSINESS SEARCH DATABASE MAINTAINED BY THE SMALL BUSINESS ADMINISTRATION , 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)(10)(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: ________________.]

(11) 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 CHANGES IN OWNERSHIP AND CONTROL, PRINCIPAL OFFICE, OR HUBZONE EMPLOYEE PERCENTAGE HAVE OCCURRED SINCE IT WAS CERTIFIED IN ACCORDANCE WITH 13 CFR PART 126; AND (II) IT [_] IS, [_] IS NOT A HUBZONE JOINT VENTURE THAT COMPLIES WITH THE REQUIREMENTS OF 13 CFR PART 126, AND THE REPRESENTATION IN PARAGRAPH (C)(11)(I) OF THIS PROVISION IS ACCURATE FOR EACH HUBZONE SMALL BUSINESS CONCERN PARTICIPATING IN THE HUBZONE JOINT VENTURE. [THE OFFEROR SHALL ENTER THE NAMES OF EACH OF THE HUBZONE SMALL BUSINESS CONCERNS PARTICIPATING IN THE HUBZONE JOINT VENTURE: __________.] EACH HUBZONE SMALL BUSINESS CONCERN PARTICIPATING IN THE HUBZONE 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 $150,000.) 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 CERTIFICATE. (APPLIES ONLY IF THE CLAUSE AT FEDERAL ACQUISITION REGULATION (FAR) 52.225-1, BUY AMERICAN – 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 FOR OTHER THAN COTS ITEMS, 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, I.E., AN END PRODUCT THAT IS NOT A COTS ITEM AND DOES NOT MEET THE COMPONENT TEST IN PARAGRAPH (2) OF THE DEFINITION OF “DOMESTIC END PRODUCT.” THE TERMS “COMMERCIALLY AVAILABLE OFF-THE-SHELF (COTS) ITEM,” “COMPONENT,” “DOMESTIC END PRODUCT,” “END PRODUCT,” “FOREIGN END PRODUCT,” AND “UNITED STATES” ARE DEFINED IN THE CLAUSE OF THIS SOLICITATION ENTITLED “BUY AMERICAN—SUPPLIES.”

(2) FOREIGN END PRODUCTS:

LINE ITEM NO.

COUNTRY OF ORIGIN

[LIST AS NECESSARY]

(3) THE GOVERNMENT WILL EVALUATE OFFERS IN ACCORDANCE WITH THE POLICIES AND PROCEDURES OF FAR PART 25.

(G)

(1) BUY AMERICAN -- FREE TRADE AGREEMENTS --…