SODHYDROXIDElRFPFINALTOBEPOSTED03-13-08.DOC

BEP-08-0013

SECTION B ‑ SUPPLIES OR SERVICES AND PRICES/COSTS

B.1

SCHEDULE OF ITEMS AND PRICES - REQUIREMENTS

BASE PERIOD - 12 Months from the Effective Date of Contract Award

ITEM

EST.

UNIT EST. TOTAL

NO.

SUPPLIES/SERVICES

QTY/UNIT

PRICE

AMOUNT

50% Sodium Hydroxide

163,890 gal

BEP Stock Number 2A000580 50% Sodium Hydroxide

BEP Stock Number 2A00580A 825 Drums

ESTIMATED TOTAL (ITEMS 001 and 002)

OPTION PERIOD I - 13th Month Through 24th Month

UNIT

EST. TOTAL

NO.

SUPPLIES/SERVICES

QTY/UNIT

PRICE

AMOUNT

50% Sodium Hydroxide

163,890 gal

BEP Stock Number 2A000580

ESTIMATED TOTAL (ITEMS 003 and 004)

OPTION PERIOD II - 25th Month Through 36th Month

EST. TOTAL

NO

SUPPLIES/SERVICES

QTY/UNIT

PRICE

AMOUNT

50% Sodium Hydroxide

163,890 gal

BEP Stock Number 2A000580

ESTIMATED TOTAL (ITEMS 005 and 006)

OPTION PERIOD III – 37th Month Through 48th Month

TOTAL

NO

SUPPLIES/SERVICES

QTY/UNIT

PRICE

AMOUNT

50% Sodium Hydroxide

163,890 gal

ESTIMATED TOTAL (ITEMS 007 and 008)

OPTION PERIOD IV – 49th Month Through 60th Month

TOTAL

NO

SUPPLIES/SERVICES

QTY/UNIT

PRICE

AMOUNT

50% Sodium Hydroxide

163,890 gal

ESTIMATED TOTAL (ITEMS 009 and 010)

ESTIMATED TOTAL AMOUNT (ITEMS 001 THROUGH 10)

SECTION C ‑ DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1

GENERAL REQUIREMENTS

The contractor shall furnish all facilities, labor, and materials to provide the 50% Sodium Hydroxide Solution in accordance with the terms and conditions contained herein and Bureau of Engraving and Printing (BEP) Specification No. C: SHS-2G dated February 22, 2007, as set forth in Attachment A.

SECTION D ‑ PACKAGING AND MARKING

D.1

PACKAGING AND MARKING

Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with the specification C-SHS-2G Attachment A, Section 5.0 entitled Preparation for Delivery and BEP Specification L: VAB-1A, dated October 22, 1992, entitled Specification for Vendor Affixed Barcode Labels for Bureau of Engraving and Printing Materials, as set forth in Attachment B.

SECTION E ‑ INSPECTION AND ACCEPTANCE

E.1

INSPECTION AND ACCEPTANCE

Inspection and acceptance of the supplies to be provided hereunder, shall be made by the BEP appointed Contracting Officer's Technical Representative (COTR) in accordance with paragraph (a) of FAR 52.212-4 (See Section I).

The constructive acceptance period shall be 30 calendar days after the contractor has made delivery of the ordered item. If the Government subsequently rejects the items, and replacement cannot be effected within the contract inspection period, the Contractor may request that the contract delivery date be extended. Any extension granted will be at the mutual agreement of the parties, within the urgency of the Government's needs.

52.246‑15

CERTIFICATE OF CONFORMANCE

APR 1984

"I certify that on ______________________ [insert date], the _________________________ [insert Contractor's name] furnished the supplies or services called for by Contract No. [___________________________] via _____________________________ [Carrier] on _______________________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution: _____________________________

Signature:

Title:

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.acqnet.gov/far/ Notice – The following contract clause(s) pertinent to this section are hereby incorporated by reference:

CLAUSE

NUMBER

TITLE

DATE

Source: Federal Acquisition Regulation (48 CFR Chapter 1)

52.211‑16

VARIATION IN QUANTITY

APR 1984

(b) The permissible variation shall be limited to: 10 percent increase; 10 percent decrease for Line Items 001, 003, 005, 007, and 009 only.

This increase or decrease shall apply to each delivery order.

52.211‑17

DELIVERY OF EXCESS QUANTITIES

SEP 1989

52.247‑34

F.O.B. DESTINATION

NOV 1991

(Applicable to Line Items 002, 004, 006, 008, and 010 only.)

52.247‑35

F.O.B. DESTINATION, WITHIN

APR 1984

CONSIGNEE'S PREMISES

(Applicable to Line Items 001, 003, 005, 007, and 009 only.)

F.2

PLACE OF DELIVERY -- MULTIPLE LOCATIONS

(a) Bulk Shipments - Line Items 001, 003, 005, 007, and 009, as specified in Section B, and Specification Section 4.4.2, shall be delivered by tanker truck to the following address:

Bureau of Engraving and Printing

15th Street, S.W.

Washington, DC 20228 Receiving hours for deliveries are 6:00 p.m. to 9:00 p.m., local time, Monday through Friday, excluding U.S. Government holidays and BEP Year-End-Shutdown (which normally occurs between December 24 and January 1) (See Section F.3). The Contractor shall contact the BEP Receiving Section (202) 874-2333 at least 24 hours in advance to schedule all deliveries. The information cited below should be provided:

- Name of supplier/manufacturer

- Contract/Purchase Order Number

- Total number of cartons or pallets

- Total weight

- Date and Time of Delivery

(b) Drum Shipments - Line Items 002, 004, 006,008, and 010 as specified in Section B, and Specification Section 4.4.3, shall be delivered in drums to the following address:

Bureau of Engraving and Printing

Landover Warehouse Facility 3201 Pennsy Drive

Landover, MD 20785

Receiving hours for deliveries are 6:30 a.m. to 3:00 p.m., local time, Monday through Friday, excluding U.S. Government holidays and the BEP Year-End-Shutdown (which normally occurs between December 24 and January 1) (See Section F.3). The Contractor shall contact the BEP Receiving Section (202) 435-8147 at least 24 hours in advance to schedule all deliveries. The following information should be provided:

- Name of supplier/manufacturer

- Contract/Purchase Order Number

- Total number of cartons or pallets

- Total weight

- Date and Time of Delivery

(c) The place(s) of delivery for items ordered under this contract shall be specified on each individual delivery order.

F.4

GOVERNMENT HOLIDAYS

The following holidays are observed by this Government agency. Holidays that fall on Saturday are observed on the Friday preceding the holiday, and holidays that fall on Sundays are observed on the Monday following the holiday.

New Year’s Day

January 1

Martin Luther King’s Birthday

Third Monday in January

President’s Day

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

July 4

Labor Day

First Monday in September

Columbus Day

Second Monday in October

Veterans Day

November 11

Thanksgiving Day

Fourth Thursday in November

Christmas Day

December 25

*Inauguration Day

January 20, 2009 *Inauguration Day

January 20, 2013

In the event the Bureau is closed due to causes beyond its control, the Bureau will not be liable for any compensation caused by delays resulting thereof. Examples of causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, and (5) unusually severe weather.

F.4

BEP SHUTDOWN

During the life of this contract, the Contractor shall not be permitted to make deliveries during the BEP’s year-end shutdown (which normally occurs from December 24 through January 1) unless specifically authorized in writing by the Contracting Officer’s Technical Representative.

F.5

DELIVERY PERIOD

The delivery period of ordered material may vary from order to order and each delivery order shall state the required delivery period. However, in order to meet BEP production schedules, the earliest time that delivery shall be required is within thirty calendar days after the issuance of the respective order.

SECTION G ‑ CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) – APPOINTMENT AND AUTHORITY (DTAR 1052.201-70) (APR 2004)

(a) The contracting officer’s technical representative is (to be designated by the Contracting Officer at contract award).

(b) Performance of work under this contract must be subject to the technical direction of the COTR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the specification(s)/work statement. The COTR does not have authority to issue technical direction that:

(1) constitutes a change of assignment or additional work outside the specification(s)/work statement;

(2) constitutes a change as defined in the clause entitled “Changes”;

(3) in any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) interferes with the contractor’s right to perform under the terms and conditions of the contract; or

(6) directs, supervises or otherwise controls the actions of the contractor’s employees.

(d) Technical direction may be oral or in writing. The COTR shall confirm oral direction in writing within five work days, with a copy to the contracting officer.

(e) The contractor shall proceed promptly with performance resulting from the technical direction issued by the COTR. If, in the opinion of the contractor, any direction of the COTR, or his/her designee, falls within the limitations in (c) above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.

(f) Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

G.2

OBLIGATION OF FUNDS – REQUIREMENTS

No funds are obligated by this contract. All funds shall be obligated by individual delivery orders citing applicable fiscal year and accounting data when issued.

G.3

INVOICING AND PAYMENT INSTRUCTIONS

Invoices shall be submitted in accordance with paragraph (g) of FAR 52.212-4 (See Section I) as follows:

Original & 1 Copy To the Paying Office identified in SF 1449 Block 18a

1 Copy

To the Administrative Contracting Officer in

SF 1449 Block 16

1 Copy

To the COTR identified in G.1

G.4

ELECTRONIC FUNDS TRANSFER

Pursuant to FAR 32.1101, payment shall be made through transfer of electronic funds as provided in paragraph (i) of FAR 52.212-4 (See Section I), the information required by FAR 52.232-34, "Payment by Electronic Funds Transfer--Central Contractor Registration.”

If the Contractor assigns the proceeds of this contract as provided in paragraph (b) of FAR 52.212-4 (See Section I-1), the assignee shall provide it's EFT information required by FAR 52.232-34 to the paying office identified in SF 1449 Block 18A prior to submission of the first request for payment.

Payment may be made by electronic funds transfer (EFT) or by Government-wide commercial purchase card.

(a) Pursuant to FAR 32.1101, payment made by electronic funds transfer shall be made in accordance with paragraph (i) of FAR 52.212-4 (See Section I). The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database.

(1) Pursuant to FAR 32.1101, payment made by electronic funds transfer shall be made in accordance with paragraph (i) of FAR 52.212-5(b) (See Section I). The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database, pursuant to the requirements in paragraph (t) of FAR 52.212-4.

(2) If the Contractor assigns the proceeds of this contract as provided in paragraph (b) of FAR 52.212-4 (See Section I-1) the Contractor shall require as a condition of any such assignment, that the assignee shall register in the CCR database and shall be paid by EFT in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

(b) Pursuant to FAR 32.1108, payment made by Government-wide commercial purchase card, shall be made in accordance with paragraph (b) of FAR 52.212-5, "Payment by a Third Party" (See Section I).

(c) In accordance with paragraph (t) of FAR 52.212, the Contractor is responsible for the accuracy and completeness of the data within the CCR, 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 confirm on an annual basis that its information in the CCR database is accurate and complete.

(d) The Contractor must directly notify the Contracting Officer of any of its changed mandatory business data in CCR within three business days of the change.

SECTION H ‑ SPECIAL CONTRACT REQUIREMENTS

H.1

TYPE OF CONTRACT

The Government anticipates awarding a Fixed-Price, Requirements type contract.

H.2 ORDERING AUTHORITY AND PROCEDURES

(a) Orders under this contract shall be issued by warranted Contracting Officers of the following activity:

Office of Acquisitions

Contract Administration Contracts Division

Room 705-A

14th and C Streets, S.W.

Washington, D.C. 20228-0001

(b) Generally, orders will be placed in writing using BEP Form 7989 and/or OF 347. If the need arises, the Contracting Officer may place an order orally. Oral orders will be confirmed in writing as soon as practical. At a minimum, each order will contain the following information: 1) contract and order numbers, 2) contract line item numbers, descriptions, contract unit prices and quantities, 3) delivery date, 4) place of delivery, 5) accounting and appropriation data, 6) the date of the order and 7) signature of an authorized ordering official. Delivery orders shall be sent to the Contractor by telephonic facsimile ("telefax"). The issuance date of a delivery order for this contract shall be the date of the telefax.

H.3

ADVERTISING OF AWARD

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product provided is endorsed or preferred by the Federal Government, or is considered by the Government to be superior to other products. Advertisements, press releases and publicity of a contract by a supplier shall not be made without the prior express written permission of the Contracting Officer.

H.4

ENVIRONMENTALLY PREFERABLE PRODUCTS

The Contractor is advised that the Bureau of Engraving and Printing is an active participant in Executive Order 13101 dated 14 September 1998 “Greening the Government through Waste Prevention, Recycling and Federal Acquisition” and Executive Order 13123 dated 3 June 1999 “Greening the Government through efficient energy management.

Consistent with the requirements of Executive Order 13101 and 13123, the contractor shall establish a program to promote cost-effective waste reductions in all operations and facilities covered by this contract. The Contractor’s programs shall comply with applicable Federal, State and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42U.S.C. 6962, et. seq.) and implementing regulations (49CFR part 247). The Contractor shall provide this office with a submittal of registered products and supplies purchased for this acquisition.

H.5

NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Government encounters difficulty in meeting performance requirements, or when it anticipates difficulty complying with the contract delivery schedule of date, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the Contracting Officer and the COTR, in writing, giving the pertinent details, provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date of any rights or remedies provided b law or under this contract.

H.6 INDEMNITY

The Contractor herein is “an independent Contractor” and shall obtain all necessary insurance to protect himself from liability arising out of this contract.

The Contractor hereby agrees to indemnify and hold the Government harmless in connection with, any loss or liability from damage to or destruction of property or from injuries to or death of persons (including the agent and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused by performance of work under this contract unless such damage, destruction, injury or death is caused solely by the active negligence of the Government, its agents or employees. The Contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed under this contract.

H.7

SAFETY

State “Right to Know” laws and 29CFR 1910.1200, Employee Hazard Communication Program, requires manufacturers, importers and suppliers to label containers of toxic substances or hazardous chemicals with the chemical name and appropriate hazard warning and to provide Material Safety Data Sheets (MSDS) for these substances. Hazard Material Information System (HMIS) data shall be provided, as required, on all packaging. Materials not meeting this requirement will not be accepted (off-loaded) by the BEP.

H.8

MATERIAL CONFORMANCE

The supplies to be provided under this contract shall conform to the requirements set forth in the specification (Attachment A) and applicable clauses. The material shall be identical to the material sample which the Contractor submitted with his proposal for evaluation, and shall deviate from the material sample only in those characteristics changed and agreed upon during contract negotiations. Any deviation from the material sample post contract award shall be agreed upon by the Contracting Officer's Technical Representative (see paragraph G.1), approved by the Contracting Officer, and may be subject to the Changes Clause, FAR 52.243-1 (see Section I).

H.9

CONTINUOUS IMPROVEMENT PROGRAM

As part of its continuous improvement program, the BEP is focusing on the various sources which contribute to its overall process variation, to include evaluation of its raw materials. The Contractor shall establish a documented variance reduction program to identify sources of variation, improve its overall process capability, and continuously improve the consistency of (the product) that it provides to the BEP. As requested, the Contractor shall provide to the BEP appropriate documentation in support of this program, such as run charts, control charts or process capability analyses. When appropriate, the Contractor shall work in partnership with the BEP to perform statistically based studies to identify those sources of variation which contribute to BEP process variance to assist the BEP in its efforts at continuous improvement.

H.10

** MANDATORY SAFTEY REQUIRMENTS **

Truck Tank Venting: Sodium hydroxide vapors can cause serious injury to both contractor and government personnel. The venting of truck tanks used to transport sodium hydroxide is particularly dangerous. Accordingly, contractor personnel involved with the delivery of Sodium Hydroxide to the Bureau of Engraving and Printing by tank truck shall not permit the truck tank to be vented while the truck is in the truck well. The tank shall only be vented after the truck leaves the truck well and the outer truck well door has been completely closed.

H. 11

WAIVER OF THE NONMANUFACTURER RULE

Section 303 (h) of Public Law 100-656 and Section 210 of Public Law 101-574 incorporated into the Small Business Act requires that agency contracts be directed solely to small business manufacturers under set-aside provisions. This requirement is commonly referred to as the Nonmanufacturer Rule. The Small Business Act also contains provisions that allow the Administrator of the SBA to waive this requirement when there are no small business manufacturers or processors available to supply the product to the Federal Government.

Sodium Hydroxide is listed on the U.S. Small Business Administration’s Nonmanufacturing Rule Class Waiver (as of January 11, 2007). Offerors are not required to be the manufacturer of the required item (50% Sodium Hydroxide Solution) under this solicitation. A copy of the Class Waiver is provided as Attachment D for reference.

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.acqnet.gov/far/ and www.treas.gov/procurement/dtar.html Notice ‑‑ The following contract clause(s) pertinent to this section are hereby incorporated by reference:

CLAUSE

Source: Federal Acquisition Regulation (48 CFR Chapter 1) and the Department of the Treasury Acquisition Regulation (DTAR)

DTAR

1052.203-12

LIMITATION ON PAYMENTS TO

JAN 1990

INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (DEVIATION –

DEPARTMENT OF THE TREASURY,

NOV 1990)

(b) Prohibitions.

(3) The prohibitions of the Act do not apply under the following conditions:

(iii) Selling activities by independent sales representatives.

The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter:

(A) Discussing with an agency (including demonstrations) the qualities and characteristics of the person’s products or services, conditions or terms of sale, and service capabilities; and

(B) Technical discussions and other activities regarding the application or adaptation of the person’s products or services for an agency’s use.

52.216‑18

ORDERING

OCT 1995

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from:

Base Period: Date of contract award through the 12th month thereafter;

Option Period I: 13th month through the 24th month after date of contract award;

Option Period II: 25th month through the 36th month after date of contract award;

Option Period III: 37th month through the 48th month after date of contract award; and Option Period IV: 49th month through the 60th month after date of contract award.

CLAUSE

52.216‑19

ORDER LIMITATIONS

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 3000 gallons in tanker trucks and 550 gallons in drums, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 20,000 gallons in tanker trucks and 1375 gallons in drums

(2) Any order for a combination of items in excess of 4600 gallons

(c) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52-212-4

CONTRACT TERMS AND CONDITIONS

FEB 2007

-COMMERCIAL ITEM

52.216‑21

REQUIREMENTS

(f) Any order issued during the effective date 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 [ninety (90) days after contract expiration].

52.219‑6

NOTICE OF TOTAL SMALL BUSINESS

JUL 1996

SET‑ASIDE -- ALTERNATE I

(OCT 1995)

CLAUSE

52.223‑3

HAZARDOUS MATERIAL IDENTIFICATION

JAN 1997

AND MATERIAL SAFETY DATA,

ALTERNATE I (JUL 1997)

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract:

Material

Identification No.

(If none, insert "None")

I.2 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (FAR 52.212-5) (SEPT 2007)

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

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

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

X

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

N/A

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

N/A

(3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

N/A

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

N/A (ii) Alternate I (Oct 1995) of 52.219-6.

N/A (iii) Alternate II (Mar 2004) of 52.219-6.

N/A (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

N/A (ii) Alternate I (Oct 1995) of 52.219-7.

N/A (iii) Alternate II (Mar 2004) of 52.219-7.

X

(7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

N/A (8)(i) 52.219-9, Small Business Subcontracting Plan (Sept 2007) (15 U.S.C. 637(d)(4).

N/A (ii) Alternate I (Oct 2001) of 52.219-9.

N/A (iii) Alternate II (Oct 2001) of 52.219-9.

N/A

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

N/A

(10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

N/ A(11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

N/A (ii) Alternate I (June 2003) of 52.219-23.

N/A

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

N/A

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

N/A

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

X

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

X

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

X

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

X

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

X

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

X

(20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X

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

X

(22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X

(23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

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

X (ii) Alternate I (Aug 2007) of 52.222-50.

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

N/A (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

X

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

N/A (27)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

N/A (ii) Alternate I (Jan 2004) of 52.225-3.

N/A (iii) Alternate II (Jan 2004) of 52.225-3.

N/A

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

X

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

N/A

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

N/A

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

N/A

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

N/A

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

X

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

N/A

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

X

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

N/A

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

N/A (38)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

N/A (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:

N/A

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

N/A

(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.).

N/A

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

N/A

(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.).

N/A

(5) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

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

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

I.3

OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 12 months; provided that the Government gives the Contractor a preliminary written notice of its intent to extend 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 60 months.

I.4

AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (APR 1984)

(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 DTAR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

SECTION J ‑ LIST OF ATTACHMENTS

Identifier Title/Description

Pages

A BEP Specification Number C: SHS-2G dated February 22, 2007 , entitled

BEP Specification for 50% Sodium Hydroxide

Solution.

B BEP Specification Number L: VAB-1A dated

October 22, 1992, entitled Specification for Vendor Affixed Barcode Labels for the

Bureau of Engraving and Printing Materials.

C

Disclosure of Lobbying Activities, OMB SF LLL

D

US Small Business Administration Office of

Government Contracting Nonmanufacturer

Rule – Class Waivers in effect as of 01/11/2007

SECTION K- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERALTRANSACTIONS (FAR52.203-11) (SEPT 2005)

(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989—

(1) 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 awarding of this contract;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

K.2 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FAR 52.212-3) (SEPT 2007) An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (j) of this provision.

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

(1) Means a small business concern—

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

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

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

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

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

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

(3) Taxpayer Identification Number (TIN).

FORMCHECKBOX

TIN: ________________________________.

FORMCHECKBOX

TIN has been applied for.

FORMCHECKBOX

TIN is not required because:

FORMCHECKBOX

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

FORMCHECKBOX

Offeror is an agency or instrumentality of a foreign government;

FORMCHECKBOX

Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

FORMCHECKBOX

Sole proprietorship;

FORMCHECKBOX

Partnership;

FORMCHECKBOX

Corporate entity (not tax-exempt);

FORMCHECKBOX

Corporate entity (tax-exempt);

FORMCHECKBOX

Government entity (Federal, State, or local);

FORMCHECKBOX

Foreign government;

FORMCHECKBOX

International organization per 26 CFR 1.6049-4;

FORMCHECKBOX

Other ________________________________.

(5) Common parent

FORMCHECKBOX

Offeror is not owned or controlled by a common parent;

FORMCHECKBOX

□ Name and TIN of common parent:

Name ________________________________.

TIN _________________________________.

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

Number of Employees Average Annual Gross Revenues

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

(i) General. The offeror represents that either—

(A) It FORMCHECKBOX is, FORMCHECKBOX is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its…