Reactor solicitation.pdf

PDF 252 KB Posted Jul 29, 2010

Attached to: Batch processing equipment working with wood pulp and acid
Solicitation number: AG-5680-S-10-0004
Issued by: Department of Agriculture Forest Service Forest Products Laboratory

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Reactor Solicitation

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

MADISON WI 53726-2398

ONE GIFFORD PINCHOT DRIVE

FOREST PRODUCTS LABORATORY

USDA FOREST SERVICE

5680 CODE 16. ADMINISTERED BYCODE

423490

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/31/2010 1300 CS

07/29/2010

608-231-9285MIKE BELOVSKY

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-5680-S-10-0004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM 1. REQUISITION NUMBER PAGE OF

1 26OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

MADISON WI 53726-2398

ONE GIFFORD PINCHOT DRIVE

FOREST PRODUCTS LABORATORY

USDA FOREST SERVICE

15. DELIVER TO

MADISON WI 53726-2398

ONE GIFFORD PINCHOT DRIVE

FOREST PRODUCTS LABORATORY

9. ISSUED BY

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

Sole Source

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 180 Days After Award

001 In accordance with the statement of work, 1 EA technical specifications, Line Item 0001 and the contract clauses and provisions; the success bidder will provide batch processing equipment for working wood pulp and cellulosic biomass under acid conditions. All equipment specified must be delivered no later than 180 calendar days after contract award. All bids will be F.O.B.

destination. The exact location for the items to

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

MIKE BELOVSKY

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

be delivered on the Forest Products Laboratory campus will be coordinated with the Contracting

Officer¿s Representative prior to shipping.

Product/Service Code: 6640

Product/Service Description: LABORATORY EQUIPMENT

& SUPPLIES

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

262 of

Description/Specifications

Scope of Contract

Statement of Work

The successful bidder will provide, in accordance with this statement of work, technical specifications and the contract clauses and provisions; batch processing equipment for working wood pulp and cellulosic biomass under acid conditions. The equipment includes a 100 gallon pressure vessel for mixing higher viscosity biomass suspensions, a 100 gallon pressure vessel for managing chemicals preparation and low viscosity suspensions/solutions, a 1000 gallon pressure vessel for larger scale work with high viscosity suspensions, a 1500 gallon reactor needed for managing acid filtrates, and an agitated pressure filter for recovering suspended solids with all accessories and peripheral equipment to make a complete working system as indicated in the Technical Specification below, minus any plumbing or electric requirements to make this system work. All equipment specified must be delivered no later than 180 calendar days after contract award. All bids will be F.O.B. destination. The exact location for the items to be delivered on the Forest Products Laboratory campus will be coordinated with the Contracting Officer’s Representative prior to shipping.

Location:

USDA Forest Service

Forest Products Laboratory

One Gifford Pinchot Dr.

Madison, WI 53726

Technical Specifications: Required capabilities of the five pieces of equipment are described below.

100 Gallon working volume jacketed pressure vessel

Pressure rated to 150 psig or higher

Temperature rated to 200 degrees centigrade, or higher

Steam (heating) jacket rated for 90 pound steam, or higher

Capable of withstanding a temperature shock of 100 degrees centigrade over a 10 minute period.

Materials of construction suitable for use with 70% by weight sulfuric acid at 0 degrees Centigrade up to 150 degrees centigrade.

Materials of construction also suitable for use with 5 % by weight sulfuric acid at

0 degrees centigrade up to 170 degrees centigrade.

Reactor to be equipped with an agitator capable of handling up to 15% by weight suspended wood pulp solids. Capability of handling mixture viscosities as high as 100,000 cp are needed for some reactions. Capability of mixing at lower viscosity (2000 cp) is also desirable.

Reactor to be equipped with a manual discharge valve that mounts flush to the bottom of the reactor (zero dead volume)

Reactor to be supplied complete with variable frequency controller

Reactor to be supplied with RTD or suitable alternative temperature sensor

Reactor to be equipped with side lugs for mounting on an elevated steel deck

Reactor to include a flange mounted baffle

100 Gallon working volume jacketed pressure vessel

Temperature rated to 200 degrees centigrade, or higher

Steam (heating) jacket rated for 90 pound steam, or higher

Capable of withstanding a temperature shock of 100 degrees centigrade over a 10 minute period.

Materials of construction suitable for use with 70% by weight sulfuric acid at 0 degrees Centigrade up to 150 degrees centigrade.

Materials of construction also suitable for use with 5 % by weight sulfuric acid at

0 degrees centigrade up to 170 degrees centigrade.

Reactor to be equipped with an agitator for lower viscosity liquids including 93% sulfuric acid and water.

Reactor to be equipped with a manual discharge valve that mounts flush to the bottom of the reactor (zero dead volume)

Reactor to be supplied complete with variable frequency controller

Reactor to be supplied with RTD or suitable alternative temperature sensor

Reactor to be equipped with side lugs for mounting on an elevated steel deck

1000 gallon working volume jacketed pressure vessel

Temperature rated to 200 degrees centigrade, or higher

Steam jacket rated for 90 pound steam, or higher

Materials of construction suitable for use with 70% by weight sulfuric acid at 0 degrees Centigrade up to 150 degrees centigrade.

Materials of construction also suitable for use with 5% by weight sulfuric acid at

0 degrees centigrade up to 170 degrees centigrade.

Reactor to be equipped with an air operated discharge valve that mounts flush to the bottom of the reactor (zero dead volume)

Reactor to be supplied complete with variable frequency controller

Reactor to be supplied with RTD or suitable alternative temperature sensor

Reactor to have legs for mounting to a cement floor

1500 gallon working volume jacketed reactor

Temperature rated to 200 degrees centigrade, or higher

Pressure rated at 100 psig or higher

Steam jacket rated for 90 pound steam, or higher

Materials of construction suitable for use with 70% sulfuric acid at 0 degrees centigrade up to 100 degrees centigrade.

Materials of construction also suitable for use with 5% sulfuric acid at 0 degrees centigrade up to 100 degrees centigrade.

Reactor to be equipped with an agitator capable of handling up to 10% suspended wood pulp solids. Capability of handling mixture viscosities as high as 100,000 cp are needed for some reactions.

Reactor to be equipped with an air operated discharge valve that mounts flush to the bottom of the reactor (zero dead volume)

Reactor to be supplied complete with variable frequency controller

Reactor to be supplied with RTD or suitable alternative temperature sensor

Reactor to have legs for mounting to a cement floor

Agitated Pressure Filter

Filter must be rated for use at vacuum up to 40 psig

Materials of construction must be suitable for use with 70% by weight sulfuric acid at temperatures up to 100 degrees centigrade, and 5% by weight sulfuric acid at temperatures up to 100 degrees centigrade.

Filter area to be 8.5 sq feet or larger

Reactor to be equipped with a manual discharge valve that mounts flush to the bottom of the filter (zero dead volume)

Reactor to be supplied complete with variable frequency controller for the agitator

Packaging and Marking

N/A

Inspection and Acceptance

52.246-2 Inspection of Supplies – Fixed Price (AUG 1996)

Deliveries or Performance

All Supplies shall be delivered NLT 180 Calendar Days after contract award. All bids will be F.O.B.

destination. The exact location for the items to be delivered on the Forest Products Laboratory campus will be coordinated with the Contracting Officer’s Representative prior to shipping.

Contract Administration Data

Special Contract Requirements

Contract Clauses

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2003)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights -

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.

601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor

Registration, or 52.232-34, Payment by Electronic Funds

Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5

CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see

52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the

Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work

Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and

10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41

U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, ``doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of payment paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling

1-888-227-2423 or 269-961-5757.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

Commercial Items. (JUL 2005)

(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:

[X] (1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

[X] (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.

108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

[ ](1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUL 1995), with

Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[ ](2) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

[ ](3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ](4)(i) 52.219-5, Very Small Business Set-Aside (JUN 2003) (Pub. L. 103-403, section

304, Small Business Reauthorization and Amendments Act of 1994).

[ ](ii) Alternate I (MAR 1999) of 52.219-5.

[ ](iii) Alternate II (JUN 2003) of 52.219-5.

[ ](5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-6.

[ ] (iii) Alternate II (MAR 2004) of 52.219-6.

[ ](6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.

644).

[ ](ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ](7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637

(d)(2) and (3)).

[ ](8)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2005) (15 U.S.C. 637(d)(4)).

[ ](ii) Alternate I (OCT 2001) of 52.219-9.

[ ](iii) Alternate II (OCT 2001) of 52.219-9.

[ ](9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

[ ](10)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (JUL 2005) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[ ](ii) Alternate I (JUN 2003) of 52.219-23.

[ ](11) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged

Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](12) 52.219-26, Small Disadvantaged Business Participation Program - Incentive

Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](13) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business

Set-Aside (May 2004).

[X](14) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X](15) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (JUN

2004) (E.O. 13126).

[X](16) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[X](17) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246).

[X](18) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212).

[X](19) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

[ ](20) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

[ ](21) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

[ ](22)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for

EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

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

[X](23) 52.225-1, Buy American Act - Supplies (JUN 2003) (41 U.S.C. 10a-10d).

[ ](24)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (Jan

2005) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286).

[ ](ii) Alternate I (JAN 2004) of 52.225-3.

[ ](iii) Alternate II (JAN 2004) of 52.225-3.

[ ](25) 52.225-5, Trade Agreements (Jan 2005) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X](26) 52.225-13, Restrictions on Certain Foreign Purchases (MAR 2005) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

[ ](27) 52.225-15, Sanctioned European Union Country End Products (FEB 2000) (E.O.

12849).

[ ](28) 52.225-16, Sanctioned European Union Country Services (FEB 2000) (E.O.

[ ](29) 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)).

[ ](30) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

[X](31) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor

Registration (OCT 2003) (31 U.S.C. 3332).

[ ](32) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor

Registration (MAY 1999) (31 U.S.C. 3332).

[ ](33) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

[ ](34) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ](35)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(APR 2003) (46 U.S.C. Appx 1241 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, as Amended (JUL 2005) (41 U.S.C. 351, et seq.).

[ ](2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29

U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment

(Multiple Year and Option Contracts) (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment

(FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor

Contract Pursuant to Predecessor Contractor Collective Bargaining Agreements (CBA)

(MAY 1989) (41 U.S.C. 351, et seq.).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs

(i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998)

(29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union

Dues or Fees (DEC 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965

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

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

(APR 2003) (46 U.S.C. Appx 1241 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.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

Commercial Items. (JUL 2005) - Alternate I (OCT 2003)

[X] (1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

[X] (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.

108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

[ ](1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUL 1995), with

Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[ ](2) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

[ ](3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ](4)(i) 52.219-5, Very Small Business Set-Aside (JUN 2003) (Pub. L. 103-403, section

304, Small Business Reauthorization and Amendments Act of 1994).

[ ](ii) Alternate I (MAR 1999) of 52.219-5.

[ ](iii) Alternate II (JUN 2003) of 52.219-5.

[ ](5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-6.

[ ] (iii) Alternate II (MAR 2004) of 52.219-6.

[ ](6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.

644).

[ ](ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ](7) 52.219-8, Utilization of Small Business Concerns (OCT 2000) (15 U.S.C. 637

(d)(2) and (3)).

[ ](8)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2005) (15 U.S.C. 637(d)(4)).

[ ](ii) Alternate I (OCT 2001) of 52.219-9.

[ ](iii) Alternate II (OCT 2001) of 52.219-9.

[ ](9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

[ ](10)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (JUL 2005) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[ ](ii) Alternate I (JUN 2003) of 52.219-23.

[ ](11) 52.219-25, Small Disadvantaged Business Participation - Program Disadvantaged