RFQ.docx

Storage of Forest Cultural Resource Artifacts AG-84N8-S-12-0013

COVER SHEET

**ATTENTION ALL BIDDERS**

In order to be awarded a Federal Government Contract, you must register annually in Central Contractor Registration.

See http://www.ccr.gov/handbook.cfm for a template of information necessary for registration. (Please notify us if there are any changes ie: banking information, address changes, etc) Effective April 22, 2010 - Remember to complete/update your new certification FAPSIS through CCR As of January 1, 2005 every contractor is required to complete the annual Representations and Certifications electronically. See http://orca.bpn.gov for a template of information necessary to comply with this mandate.

RFQ- AG-84N8-S-12-0013

ARTIFACT STORAGE

MANTI-LA SAL NATIONAL FOREST, UTAH

The Government intends to award a sole source contract to the Edge of the Cedars for the storage of Forest Service artifacts. Please review this package. If you have any questions, please contact me or Ann King.

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

UTAH ACQUISITION SUPPORT CENTER

2222 WEST 2300 SOUTH

SALT LAKE CITY UTAH 84119

Orlando Gomez, Contracting Officer Ann King, Technical 636-3506 636-3535

a. NAME OF CONSIGNEE

submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

12. DISCOUNT FOR PROMPT PAYMENT

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

This section is Intentionally left blank. Please see Standard Form 347.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1. SCOPE OF CONTRACT

Provide for the professional care and management of the Collection from cultural resource sites from Forest Service lands located in Grand and San Juan counties in the State of Utah.

C-2. DESCRIPTION OF WORK

3.1. THE REPOSITORY (EDGE OF THE CEDARS MUSEUM) SHALL:

1. Begin all work on or about April 1, 2012 and continue through March 31, 2013.

2. Provide for the professional care and management of the Collection from cultural resource sites from Forest Service lands located in Grand and San Juan counties in the State of Utah. The Repository shall function as a regional archaeological repository for collections that have been or will be removed from Forest Service-administered lands so that the archaeological materials and supporting information shall be retained in the region from which they were or will be extracted, as required in 36 CFR Part 79

The Repository shall accession, conserve, provide long term curation and storage, and make available for public viewing, valid study, and research any archaeological and anthropological artifact, item, material, evidence, information, data, and record obtained from lands administered by the Forest Service. The Repository shall accept collections from agency officials when they are accompanied by adequate documentation and provenience information. Collections will also be accepted from individuals, organizations, institutions, companies, corporations or universities holding valid USFS and State archaeological permits and a current curation agreement with the Repository.

3. Perform all work necessary to protect the collection in accordance with the regulation 36 CFR Part 79 for the curation of federally-owned and administered archaeological collections, and in accordance with the terms and conditions stipulated in the current Edge of the Cedars Collections Management Plan.

4. Assign as the Curator, the Collections Manager and the Conservator having responsibility for the work under the agreement, persons who are qualified museum professionals and whose expertise is appropriate to the nature and content of the Collection.

5. Provide and maintain a repository facility having requisite equipment, space, and adequate safeguards for the physical security and controlled environment for the Collection and any other U.S. Government-Owned personal property in the keeping of the Repository.

6. Not in any way adversely alter or deface any of the Collection except as may be absolutely necessary in the course of stabilization, conservation, scientific study, analysis and research. Perform only those conservation treatments as are necessary to ensure the physical stability and integrity of the Collection. Any activity that will involve the intentional destruction of any of the collection must be approved in advance and in writing by the Depositor.

7. Annually inspect and update the inventory of the facilities, the Collection and any other U.S. Government-owned personal property kept at the museum, including government-sponsored exhibits and equipment on the premises. Report the results of all inventories, inspections and treatments to the Depositor.

8. Within five (5) days of discovery, report all instances of and circumstances surrounding loss of, deterioration and damage to, or destruction of the Collection and to correct any deficiencies in the physical plant or operating procedures that may have contributed to the loss, deterioration, damage or destruction. Any actions that will involve the repair and restoration of any of the Collection and any other U.S Government-owned personal property must be approved in advance and in writing by the Depositor.

9. Review and approve any deny requests for access to or short term loan of the Collection (or a part thereof) for scientific, educational or religious uses in accordance with the regulation 36 CFR Part 79 for the curation of federally-owned and administered archaeological collections and any additional terms and conditions stipulated by the Depositor. For exhibition of the Collection (or part thereof) outside of the Repository, prior written permission must be obtained from the Depositor. In addition, refer requests for consumptive uses of the Collection (or a part thereof) to the Depositor for approval or denial.

10. Not mortgage, pledge, assign, repatriate, transfer, exchange, give, sublet, discard or part with possessions of any of the Collection or any other U.S. Government-owned personal property in any manner to any third party either directly or indirectly without the prior written permission of the Depositor, and redirect any such requests to the Depositor for response. In addition, not to take any action whereby any of the Collection or any other U.S. Government-owned personal property shall or may be encumbered, seized, taken in execution, sold, attached, lost, stolen, destroyed or damaged.

11. Accept delivery of collections to the Repository from Depositor. With the exception of occasional incidental small collections (less than 0.5 cubic feet), the Depositor is responsible for accomplishing packaging, boxing, identifying, and inventorying in conformance with current Repository and professional standards. If the delivery of occasional incidental collections exceeds one cubic foot per month, the Depositor shall accomplish packaging, boxing, identifying, and inventorying the collections in accordance with current Repository and professional standards.

12. Maintain complete and accurate records of the Collections and any other U.S. Government-owned personal property, including information on the study, use, loan and location of said Collection which has been removed from the premises of the Repository.

13. The Repository will make every effort to accession into the Collection all materials presented to it under this agreement. However, the repository reserves the right to refuse materials and/or items that may adversely affect or potentially harm existing collections in the Repository, and/or materials that do not meet the Repository’s material handling criteria. The Repository will have the right to deaccession items and/or materials that adversely affect or harm existing collections, or that it deems it can no longer curate. Any material being considered for deaccessioning will be identified as such, and the Depositor will be notified in writing of the Repository’s proposal to deaccession such items and the reason for deaccession. The deaccession items will be dealt with as the Depositor and the Repository may jointly agree.

14. Bill the Depositor annually for curation costs of the Collection.

3.2. THE DEPOSITOR (U.S. FOREST SERVICE) WILL:

1. Assign as the Depositor’s Representative having full authority with regard to this agreement, a person who meets pertinent professional qualifications. The Contracting Officers Representative for the 2012 contract year with options is the Moab/Monticello District Archaeologist, Don Irwin.

2. Review and approve or deny requests for consumptively using the Collection (or a part thereof).

3. Conform to the standards of the profession by maintaining the integrity of the Collection. Therefore, only complete, or whole collections will be accessioned under this agreement. Also, the Depositor will require, whenever possible, that its’ permittees will submit complete collections to the Repository. The Depositor may retain particular items of collections for exhibit, study, research or other legitimate purpose, and those items will be documented as a loan from the Repository. The loan agreement shall stipulate the terms and duration of the loan, either short, long term or indefinite and the purpose of the loan.

4. Pay should be made on a annual basis, the invoice for curation services as set forth in the attached Repository Fee Schedule.

3.4. ADDITIONAL SPECIFICATIONS:

1. Removal of all or any portion of the Collections from the premises of the Repository for scientific, educational or religious purposes may be allowed only in accordance with regulation 36 CFR Part 79 for the curation of federally-owned and administered archaeological collections: or with the conditions stipulated above; or with any other conditions that may be specified by the Repository to prevent breakage, deterioration and contamination.

2. The collections or portions thereof may be exhibited, photographed or otherwise reproduced and studied in accordance with the terms and conditions of the Repository. All exhibits, reproductions and studies shall credit the Depositor, and read as follows: “Courtesy of the U.S. Forest Service”. The Repository agrees to provide the Depositor with copies of any resulting publications. No publication of material revealing site locations shall be permitted without the permission of the Forest Service.

3. Title to the Collections being cared for and maintained under this Agreement lies with the Federal Government.

Exhibit cases, panels and other display components purchased by the U.S. Forest Service and installed in the Museum as part of permanent Museum displays, and such equipment as the Forest Service may have loaned the museum for use in the laboratory, will remain the property of the Forest Service and will not be significantly changed or removed without permission of the Forest Service. Maintenance of exhibits that are permanent parts of museum displays, and of the equipment on loan, will be the responsibility of the Museum. This will include cleaning, electrical maintenance, minor repairs, and providing for the security of the exhibit.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F-1. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989)

F-2. PERIOD OF PERFORMANCE (AGAR 452.211-74) (FEB 1988)

The period of performance of this contract is from April 1, 2012 through March 31, 2015 with including option years.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1. CONTRACTING OFFICE

The Utah Acquisition Support Center is responsible for the solicitation, award, and administration of the contract. The Contracting Officer for this contract is Orlando Gomez, phone number (435) 636-3506, FAX number (435) 637-4940. Technical information can be obtained by contacting Ann King at (435) 636-3535. Contracting questions should be addressed to the Contracting Officer. Written correspondence shall reference the contract number and project item number.

G-2. CONTRACTING OFFICER’S REPRESENTATIVE

An awarded contract will have a Contracting Officer’s Representative (COR) indentified. Designation will be made by appointment letter.

G-3. SUBCONTRACTS

No subcontracting will be allowed under this contract.

G-4. CONTRACT INTERPRETATION

Technical assistance regarding interpretation of the specifications and/or terms of the contract will be provided by the Contracting Officer or the COR. Only the Contracting Officer has authority to award, modify, and terminate the contract.

G-5. GOVERNMENT-FURNISHED PROPERTY

See Section J, Exhibit 1 for a list of government furnished property provided for this contract.

G-6. INVOICES

Invoices shall be submitted in an original form to the Contracting Officer and a copy to the designated Contracting Officer’s Representative. The invoice must include the following information and/or attached documentation:

(a) Contractor Name and Address

(b) Contractor Phone Number

(c) Contract Number

(d) Invoice date and number

(e) Itemized list and description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed

(f) Date of Delivery or Receipt

(g) Any other information or documentation required by the contract.

Failure to provide this information may result in delay of payment. Notice of an apparent error, defect, or impropriety in an invoice will be given to the Contractor within 7 days of receipt of the invoice and properly documented.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1. KEY PERSONNEL (AGAR 452.237-74) (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: CURATOR

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

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 within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent at least 60 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 3 years.

I-2. CENTRAL CONTRACTOR REGISTARTION (FAR 52.204-7)(APR 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible 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.

(g) (1)

(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 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 of the FAR;

(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 (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(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.

(2) 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 FAR 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.

(h) 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.

I-3. STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42) (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

I-4. AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

ATTACHMENT DESCRIPTION PAGE

ATTACHMENT 1 – DEPOSITOR/COLLECTION (3 pages)……………………………..19-21

ATTACHMENT 2 – WAGE DETERMINATION (2 pages)……………………………...18, 24

ATTACHMENT 1 – GOVERNMENT FURNISHED PROPERTY

ACC. NO.

CU. FT.

2.00

0.03

0.01

0.17

4.06

3.00

0.50

0.01

0.10

1.00

0.75

1.00

0.50

0.50

3.02

0.50

32.00

0.50

2.00

1.00

1.00

1.00

1.00

0.01

0.25

0.01

0.50

0.01

TOTAL CUBIC FEET

313.44

**ECPR-86004 through 86059 compiled into 86004 for entire Allen Canyon Project total.

**ECPR-91008 through 91036 compiled into 91008 for entire Forest Hwy 39 Project document collection.

**ECPR-91039 through 91044 compiled into 91039 for entire Forest Hwy 39 Project artifact collections.

ATTACHMENT 2 – WAGE DETERMINATION

SALARY TABLE 2012-RUS

INCORPORATING A LOCALITY PAYMENT OF 14.16%

FOR THE LOCALITY PAY AREA OF REST OF U.S.

(See http://www.opm.gov/oca/12tables/locdef.asp for definitions of locality pay areas.)

RATES FROZEN AT 2010 LEVELS

EFFECTIVE JANUARY 2012

Hourly/Overtime Rates by Grade and Step

· Salaries and Wages

· Compensation Administration Home Page This page can be found on the web at the following url: http://www.opm.gov/oca/12tables/html/RUS_h.asp U.S. Office of Personnel Management 1900 E Street, NW, Washington, DC 20415 | (202) 606-1800 | TTY (202) 606-2532

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K-1. SIZE STANDARD AND NAICS CODE INFORMATION (AGAR 452.219-70) (JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): ALL --NAICS Code 712110_________ --Size Standard $7.0m____

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.

K-2. ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8) (FEB 2009)

(a)(1) The North American Industry classification System (NAICS) code for this acquisition is 712110.

(2) The small business size standard is $7.0 Million.

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

------(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 certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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 on ORCA.

K-4. CERTIFICATION REGARDING RESPONSIBILITY MATTERS (FAR 52.209-5) (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have o have not o, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(C) Are o are not o presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms.