WV PFH 097-2(001) - Solicitation.pdf

Contract No.:

U S DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

EASTERN FEDERAL LANDS HIGHWAY DIVISION

PROJECT WV PFH 097-2(001)

MONONGAHELA NATIONAL FOREST

SOLICITATION

IFB NO. DTFH71-10-B-00002

This Contract Cites Standard Specifications FP- 03

U.S. Customary Units

CONTRACTOR:

ADDRESS:

STATE: West Virginia

COUNTY: Grant and Pendleton Counties

PARK / REFUGE / NF: Monongahela National Forest

ROADWAYS: STATIONS FEET

Smoke Hole Road (WV 09-21-0097) 10+00 to 52+00 4200

PROJECT LENGTH TOTAL: 4200 ft

TYPE OF IMPROVEMENT:

Rehabilitation and resurfacing of 0.8 miles of Smoke Hole Road and one parking area.

TABLE OF CONTENTS

Page

Notice to Bidders 1 through 2

Checklist for Bidders Submission 1 through 2

*SF-1442 Solicitation, Offer, and Award 1 through 4

Bid Schedule Instructions 1 through 2

*Bid Schedule B-1 through B-3

*SF-24 Bid Bond C-1 through C-2

FEDERAL ACQUISITION REGULATION & TRANSPORTATION ACQUISITION

REGULATION SOLICITATION PROVISIONS & CONTRACT CLAUSES

Index to Federal and Transportation Acquisition Regulations 1 through 6

Representations and Certifications (OCRA online) D-1 through D-3

Instructions to Bidders E-1

*Socioeconomic Program Requirements F-1 through F-6

Minimum Wage Schedule F-9 through F-33

*General Contract Requirements G-1 through G-4

Construction Contract Requirements H-1

SPECIFICATIONS

Special Contract Requirements J-1 through J-19

Permits Obtained for this Project 1 through 28

Plans 1 through 22

* Bidder’s Qualifications Form 1 through 7

*BOLD FACED ITEMS ARE TO BE INCLUDED WITH THE BID SUBMITTAL PACKAGE

NOTICE TO BIDDERS

CONTRACT FORMAT:

Bidders should note that the format of this contract is in accordance with Federal Acquisition Regulations (FAR), promulgated by the General Services Administration (GSA), effective April 1, 1984, including all applicable revisions. Applicable FAR provisions and clauses are incorporated in this contract by reference or full text as indicated in the INDEX before the D-page in this booklet.

FAR provisions and clauses incorporated by reference can be accessed on the Internet on the GSA website at www.arnet.gov/far/. Bidders are encouraged to review the documents thoroughly before bidding.

PROPOSAL BOOKLET AND OFFER SUBMITTAL:

It is the responsibility of the Bidder to verify that this proposal is complete as listed in the Table of Contents. The Bidder is responsible for submitting all required forms and documents with the offer.

Offerors should use the Checklist for Bid Submission included in this booklet to check that their bids are complete.

CONSTRUCTION CONTRACTS:

As stated in FAR Clause 52.236-1, the Contractor shall perform on the site, and with its own organization, work equivalent to at least 50%. Additional guidance is given in FAR Subpart

35.005 where the majority of the project work is complex and specialized such as restoration work, bridge painting, and proprietary construction techniques (i.e. proprietary Cintec arch strengthening.)

There are exceptions and they will be reviewed on a case-by-case basis.

HAZARDOUS MATERIALS IDENTIFICATION AND MATERIAL SAFETY DATA:

As required by FAR Clause 52.223-3, Hazardous Materials Identification and Safety Data, the apparent low Offeror must submit prior to award a Material Safety Data Sheet (MSDS's) for all hazardous materials that the Offeror identifies in paragraph (b) of this clause in the D-pages of this booklet. Failure to submit MSDS's may render the Offeror ineligible for award of contract. The apparent low Offeror should submit their MSDS's within two weeks after bid opening.

ATTENTION LARGE BUSINESSES - UTILIZATION OF SMALL BUSINESS CONCERNS:

Large business Offerors should note their responsibilities in the awarding of subcontracts in accordance with FAR Clause 52.219-8, Utilization of Small Business Concerns. The offeror, if a large business concern, should note its responsibility to establish and conduct a Subcontracting Plan in accordance with FAR Clause 52.219-9, Alternate I, Small Business Subcontracting Plan. If the apparent Low Offeror is a LARGE BUSINESS it will be required to submit a Subcontracting Plan within 2 weeks of receipt of request from the Contracting Officer. If the apparent low offeror fails to submit a subcontracting plan acceptable to the Contracting Officer within the allowable time, the offeror may be ineligible for award of the contract. PLEASE NOTE: A blank sub-contractor plan is included in this solicitation package as a separate document for your use.

FINANCING ASSISTANCE: Minority, Women-owned, and Disadvantaged Business Enterprises (DBE's). The Department of Transportation (DOT) offers working capital financing assistance for transportation related contracts. DOT's Short-Term Lending Program (STLP) offers lines of credit to finance accounts receivable. Maximum line of credit is $750,000 with interest at the prime rate. For further information, call (800) 532-1169. Internet address: http://osdbuweb.dot.gov.

INTERNET BASED DATA BASES - REQUIRED INPUT: According to the FAR Subpart

4.1102 contractors MUST be registered in Central Contractor Registration (CCR) prior to the award of any contract. Access the following web site to register: www.ccr.gov According to the FAR Subpart 4.1201 contractors MUST complete their Online Annual Representations and Certifications Application (ORCA) prior to the closing date of the bid on line at http://orca.bpn.gov/.

According to the FAR Subpart 22.1302 (b) contractors and sub-contractors MUST complete the required Annual Vets-100 Form in order to be eligible for a contract award. It can be completed on-line at https://vets100.vets.dol.gov/.

NOTICE TO BIDDERS - (CONT'D.)

This should be completed before submitting a bid package.

PAYMENT:

Bidders are advised to review the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP), subsection 109.05, concerning direct and indirect payment included under a pay item in the bid schedule.

PROGRESS PAYMENTS:

ALL payments will be made via Electronic Funds Transfer (EFT) as such; the payment information in the CCR must be accurate in order for contractors' invoices to be considered proper invoices for the purpose of prompt payment under DOT contracts. Contractors must input and maintain (update as necessary) their EFT information in the CCR database. Offerors are advised that under FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, upon request, progress payments will include premiums paid by the Contractor to obtain performance and payment bonds as required under this contract. These payments shall not be made in addition to the contract price. As specified in the FP, “Section 151 - MOBILIZATION", payments for performance and payment bond premiums shall be included in mobilization.

WELFARE-TO-WORK INITIATIVE:

The President’s Welfare Reform Bill was initiated to assist welfare recipients and hopefully aid welfare recipients to find gainful employment. In support of this bill, Contractors are encouraged to hire welfare recipients whenever possible and to use welfare recipients in performance of duties on Government contracts.

INCREASING SEAT BELT USE IN THE UNITED STATES:

The President’s Executive Order 13043 dated April 16, 1997, was issued to increase the use of seat belts in the United States. In support of this Order, contractors and subcontractors are encouraged to adopt and enforce on-the-job seat belt policies for their employees when operating company-owned, rented, or personally owned vehicles.

OBTAINING BID DOCUMENTS:

Bid documents will not be mailed. All bid documents are available for direct download from the Federal Business Opportunities (FBO) website:

https://www.fbo.gov/index?s=opportunity&mode=list&tab=list&cck=1&au=&ck= Type DTFH71 in Keywords/Sol. # Block then click on GO, or the Eastern Federal Lands Highway Division website: http://www.efl.fhwa.dot.gov/contracting/Documents.aspx Contractors are encouraged to register on the FBO website (for this specific project) in order to receive Email Notifications automatically when a document is added or updated for this specific project. All questions about this construction project must be emailed to the following address:

eflhd.contracts@dot.gov

THE CONTRACTOR IS SOLELY RESPONSIBLE FOR MONITORING THE WEB PAGES

NOTED ABOVE FOR ALL CHANGES TO THE SOLICITATION AND ACTING ON SAID

CHANGES.

PLEASE NOTE: for security reasons, individuals requiring access to all government buildings must present a valid photo ID and be escorted to their destination by a Government employee.

All visitors attending bid openings are urged to arrive at least 1 hour prior to schedule bid opening. All visitors must register with the receptionist in Room 100. A Government employee will collect all bids. Prior to bid opening, a Government employee will escort all bidders to the bid opening. Unescorted visitors will be denied entry and no exceptions will be made.

CHECKLIST FOR BID SUBMISSION

The following is a checklist of items included in the proposal/bid package that are required to be completed and returned (or filled in on-line) to the address in Block 8 of the Standard Form 1442, Solicitation, Offer, and Award (page A-1). This checklist is for informational purposes only and is not required to be filled out by the bidder. Failure to submit a complete bid may be cause to reject your bid.

1. Bid Envelope:

a. Addressed as shown in Block 8 of Page A-1

b. In lower left corner, indicate Solicitation No., Project Name & Number, time for Receipt of Offers and send to Room 105.

2. Standard Form 1442: Solicitation, Offer and Award (Pages A-1 and A-2)

a. Block 14: Name and Address of Bidder.

b. Block 15: Telephone Number of Bidder.

c. Block 16: Remittance Address if different from Block 14.

d. Block 19: All Amendments Acknowledged, with dates of Amendments.

e. Block 20: Bid is signed and dated.

3. Bid Schedule - (Pages B-1 through B-3)

a. Unit bid price and bid amount provided for each pay item in numbers.

b. Corrections initialed.

c. Price Evaluation eligibility is indicated on the Bid Summary page.

4. Standard Form 24, Bid Bond (Pages C-1 through C-2) (Required if bid guarantee is bid bond)

a. Date executed

b. Legal name and address of bidder.

c. Type of organization.

d. State of incorporation (if applicable).

e. Name and business address of Treasury approved surety.

f. Penal sum of bond (not less than 20% of bid total).

g. Bid identification.

h. Signature of Bidder

i. Seal, if corporation

j. Signature of Surety

k. Seal, if corporation

BIDS RECEIVED WITHOUT A VALID BID BOND WILL BE REJECTED.

5. Power of Attorney.

a. Dated on or before execution date of bond

b. Power has original signature of surety, or is embossed with surety's seal in the certification section

BIDS RECEIVED WITHOUT A VALID POWER OF ATTORNEY WILL BE REJECTED.

CHECKLIST FOR BID SUBMISSION

6. Fill In's. The following full text Clauses and/or Provision numbers shall be checked or filled in and return with the bid package:

a. 52.219-4 – HubZone ONLY - See Section F, Clause 52-219-4, paragraph "C", check block if wavier is applicable.

7. Bidder's Qualifications form (provided separately as part of the Bid Documents Package).

Form completed, signed and submitted with bid

8. Sub-Contracting Plan - Large Businesses Only: Submittal with the bid is not mandatory, but it is encouraged, as it will speed up the award process should your firm be the apparent low bid.

Legislated subcontracting goals: (15 USC 644 (g)(1)

• 24% - Small Businesses (SB)

• 5% - Small Disadvantaged Businesses (SDB)

• 3% - HUBzones

• 5% - Small Woman Owned Business Entities (SWBE)

• 3% - Service-Disabled Veteran-Owned Small Businesses (SDVOSB)

THE FOLLOWING THREE ITEMS ARE NOT TO BE SUBMITTED WITH THE

BID; BUT FAILURE TO COMPLETE THE REQUIREMENTS WILL BE CAUSE

TO REJECT THE BID.

10. Central Contractor Registration (CCR): The Contractor is currently registered in the Internet-Based CCR database at http://www.ccr.gov.

11. Online Representations and Certifications Application (ORCA): The Contractor's Representations and Certifications have been input online via the Internet-Based ORCA electronic database at http://orca.bpn.gov.

12. Vets100 Reporting: The Contractor has completed the annual Internet-Based reporting requirement online at https://vets100.vets.dol.gov.

NOTE: THE CONTRACTOR IS FULLY RESPONSIBLE TO VERIFY THAT ALL

DATA IN THE THREE DATABASES IS CORRECT EACH TIME A BID

PACKAGE IS SUBMITTED. FAILURE PROPERLY INPUT AND/OR UPDATE

YOUR DATA MAY CAUSE THE BID TO BE REJECTED.

Help Desk

See Continuation of SF 1442

CONTINUATION OF SF 1442 3 of 4

Block 2:

This project is UN-RESTRICTED - Bids will be accepted from ALL eligible business concerns.

This procurement falls under North American Industry Classification System (NAICS) code 237310 - Highway, Street, and Bridge Construction (see FAR Subpart 19.10)

The award of this project is subject to a 10% price evaluation preference for eligible HubZone Small Business Concerns (must be on the SBA listing) (see FAR Clause 52.219-4).

Facsimile and electronic bids will not be accepted.

PHYSICAL DATA AVAILABLE FOR REVIEW

1. Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition, published by the Federal Highway Administration. http://mutcd.fhwa.dot.gov.

2. ARRA Sign Pictograph

Block 9:

In accordance with FAR Provision 52.236-27, Site Visit, a Government representative can be available to show the project to prospective bidders. All requests for site visits see Section E of the solicitation and e-mail all questions concerning this construction project to the following e-mail address eflhd.contracts@dot.gov. Interested parties must provide the Solicitation Number and the relevant project name with all requests and questions.

Block 11:

The number of calendar days cannot be lower than 24 calendar days and cannot exceed 44 calendar days.

Contract time will start on or about April 1, 2010

The completion time for the contract will be the time offered by the successful bidder, not to exceed the maximum time above. Work restrictions can be found in SCR Sections 108 and

156. See the SCR (J pages) Sections 107 and 109 for ARRA reporting requirements.

Notice to Proceed will be issued within 30 days following receipt of acceptable performance and payment bonds. (Actual Notice to Proceed date will be 10 days from issuance or the date specified in the Notice.)

Block 12A:

Furnish performance and payment bonds in accordance with FAR Clause 52.228-15.

Block 13:

A bid guarantee in the amount of not less than 20 percent of the bid price or $3 million, whichever is less, is required with this bid. If the bidder fails to provide the required bid guarantee, such failure may require rejection of the bid. Reference FAR Provision 52.228-1, Bid Guarantee.

CONTINUATION OF SF 1442

Other:

The estimated price is expected to fall within the price range of $250,000 to $500,000.

Responsibility of bidders shall be evaluated in accordance with the information provided on the Bidder's Qualification Form, which can be downloaded from FHWA web site. FP-96 or FP-03 versions can be downloaded at the FHWA web site. FHWA web site is http://www.efl.fhwa.dot.gov/contracting-manuals-guides.aspx then click on Construction Specifications.

BID SCHEDULE INSTRUCTIONS

PROJECT: WV PFH 097-2(001)

BIDDERS PLEASE NOTE: Before preparing the bid, carefully read the Instructions to

Bidders. While preparing the bid, comply with the following:

COMPLETING THE BID SCHEDULE

Complete the Bid Schedule(s) by handwriting in ink or typing. Specify a Unit Bid Price, in figures with cents to only two decimal places, for each pay item in the Unit Bid Price column for which a quantity is given. Do not enter or tender a Unit Bid Price for any pay item for which no estimated quantity appears in the Bid Schedule. Determine the products of the respective unit prices and quantities, and show them, in figures, in the Amount Bid column. If a Unit Bid Price and Amount Bid have been inserted by the Government for a pay item, do not change the Unit Bid Price and Amount Bid for the pay item. Determine the Bid Total by adding the amounts of the several items, and show in the block provided on Page B-2. In case of multiplication errors, the Amount Bid for the item will be based on the Unit Bid Price.

To be eligible for award, bidders must submit prices for each pay item.

Review Subsection 109.05 of the FP regarding scope of payment for direct and indirect payment work.

SCHEDULE OF WORK

The Bid Schedule is comprised of the following:

Schedule A – Rehabilitation and resurfacing of approximately 0.8 miles of Smoke Hole Road (MP 2.4 to MP 3.2).

BIDDING OF CALENDAR DAYS

Determine the number of calendar days necessary to complete Schedule A work from Notice To Proceed to contract completion. Specify the number of calendar days (NOT to exceed the maximum number of calendar days shown in Block 11 of the SF-1442) in the space provided on the Bid Summary page. Failure to specify a number of calendar days for contract completion indicates the bidder accepts the maximum contract completion time provided in Block 11 of the SF-1442.

In developing a construction schedule to determine the number of calendar days included in their bid, bidders should consider and include any work limitations shown in Sections 108 and 156 of the FP and Special Contract Requirements (SCR’s). Specific work limitations may be (but are not limited to): National legal holidays, weekends, rush hours, night work, specified no work periods, work or traffic control phasing, etc. Bidders are advised to consider those work items that are weather sensitive and when those work items will be performed. Specific work items are (but not limited to): those that require a minimum ambient air temperature (asphalt paving and surface treatment, pavement striping, stone masonry, etc); those that require maintaining a minimum surface temperature (concrete pavement, structural concrete, painting, etc); and those that have specific planting seasons (turf establishment, sod, trees, plants, etc). Bidders are also advised to consider time required for preparing material and drawing submittals, and the allowable Government review times for those submittals (Subsection 104.03 of the FP and SCR’s). The total calendar days bid should also include any work limitations and any delay days or Contractor/supplier winter shutdowns required due to weather sensitive work items.

For the purposes of calculating calendar days, bidders are to assume that contract time will start on April 1, 2010. See Subsection 108.01 of the SCR’s for additional details.

When evaluating the bids, the Government will consider the Contract Administrative Cost for the project to be $500 per calendar day bid. The Contract Administrative Cost is only used to determine the Evaluation Total Price of Project.

Add the Bid Total and the Contract Administrative Cost for Schedule A as directed on the Bid Summary page. Show the Evaluation Total Price of Project in the space provided on the Bid Summary page.

BASIS FOR AWARD

The contract will be awarded to the responsive, responsible bidder with the lowest Evaluation Total Price of Project, which is defined as:

Bid Total of Schedule A + Contract Administrative Cost of Schedule A.

The number of calendar days specified by the successful bidder for the completion of Schedule A work will become the performance period for the contract.

NOTE: Contract Administration Cost is used for evaluation and ranking purposes only.

Project: WV PFH 097-2(001)

MONONGAHELA NATIONAL FOREST - SMOKE HOLE ROAD

B- 1

Bid Schedule

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

15101-0000 MOBILIZATION

ALL Lump Sum $___________________

15201-0000 CONSTRUCTION SURVEY AND STAKING

ALL Lump Sum $___________________

15401-0000 CONTRACTOR TESTING

ALL Lump Sum $___________________

15705-0100 SOIL EROSION CONTROL, SILT FENCE

9,000

LNFT $_______________ $___________________

20301-2000 REMOVAL OF PIPE END SECTION

EACH $_______________ $___________________

30101-4000 AGGREGATE BASE GRADING C OR D

2,000

TON $_______________ $___________________

30301-6000 ROADWAY RECONDITIONING

42.00

STA $_______________ $___________________

40301-0300 HOT ASPHALT CONCRETE PAVEMENT, GRADING C

1,300

TON $_______________ $___________________

60210-0800 END SECTION FOR 24-INCH PIPE CULVERT

EACH $_______________ $___________________

63304-0900 SIGNS, ALUMINUM PANELS, TYPE 3 SHEETING

SQFT $_______________ $___________________

63401-1500 PAVEMENT MARKINGS, TYPE H, SOLID

LNFT $_______________ $___________________

Project: WV PFH 097-2(001)

Bid Schedule A

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

B- 2

63405-3250 PAVEMENT MARKINGS, TYPE H, ACCESSIBILITY SYMBOL

EACH $_______________ $___________________

63503-0300 TEMPORARY TRAFFIC CONTROL, BARRICADE TYPE 3

LNFT $_______________ $___________________

63504-1000 TEMPORARY TRAFFIC CONTROL, CONSTRUCTION SIGN

SQFT $_______________ $___________________

63701-0000 FIELD OFFICE

EACH $_______________ $___________________

$_____________________TOTAL

Submitted by:

Name of Bidder

Project: WV PFH 097-2(001)

Bid Schedule A

B - 3

BID SUMMARY

Project WV PFH 097-2(001)

(Complete for Pages B-1 through B-2)

(1) Schedule A Bid Total (from Page B-2) $__________________ Contract Administrative Cost for Schedule A

Number of calendar days necessary to complete all Schedule A work from Notice to Proceed (or date specified in the Notice to Proceed) to completion of Schedule A.

(2) calendar days x $500 per calendar day =

Total Price of Project (for evaluation purposes only)

(1) Bid Total for Schedule A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) + (2) Contract Administrative Cost for Schedule A . . . . . . . . . . . . . . . . . (2)

= EVALUATION TOTAL PRICE OF PROJECT

Does the Bidder claim the Price Evaluation Preference for HUBZone Small Business Concerns as defined in FAR Clause 52.219-4?

Yes No

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3XEOLF�UHSRUWLQJ�EXUGHQ�IRU�WKLV�FROOHFWLRQ�RI�LQIRUPDWLRQ�LV�HVWLPDWHG�WR�DYHUDJH����PLQXWHV�SHU�UHVSRQVH��LQFOXGLQJ�WKH�WLPH�IRU�UHYLHZLQJ�LQVWUXFWLRQV��VHDUFKLQJ�H[LVWLQJ�GDWD VRXUFHV��JDWKHULQJ�DQG�PDLQWDLQLQJ�WKH�GDWD�QHHGHG��DQG�FRPSOHWLQJ�DQG�UHYLHZLQJ�WKH�FROOHFWLRQ�RI�LQIRUPDWLRQ�� �6HQG�FRPPHQWV�UHJDUGLQJ�WKLV�EXUGHQ�HVWLPDWH�RU�DQ\�RWKHU DVSHFW�RI�WKLV�FROOHFWLRQ�RI�LQIRUPDWLRQ��LQFOXGLQJ�VXJJHVWLRQV�IRU�UHGXFLQJ�WKLV�EXUGHQ��WR�WKH�)$5�6HFUHWDULDW��095���)HGHUDO�$FTXLVLWLRQ�3ROLF\�'LYLVLRQ��*6$��:DVKLQJWRQ��'& debbie C-1

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 67$1'$5'�)250�����5(9���������%$&.

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(e.g., 20% of the bid price but the amount not to exceed dollars).

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitation listed therein. where more than one corporate surety is involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designed "SURETY(IES)" on the face of the form, insert only the letter identification of the sureties.

(b) Where individual sureties are involved, a completed Affidavit of Individual surety (Standard Form 28), for each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal";

and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."

debbie C-2

CONTRACT CLAUSES INDEX

FEDERAL ACQUISITION REGULATION (FAR) & TRANSPORTATION ACQUISITION REGULATION (TAR)

(Updated thru FAC 2005-36 on 08/11/2009) 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 address: www.arnet.gov/far/

(End of Clause)

FAR & TAR CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE DATE REMARKS

52.202-1 DEFINITIONS Jul-04 52.203-3 GRATUITIES Apr-84 52.203-5 COVENANT AGAINST CONTINGENT FEES Apr-84 52.203-7 ANTI-KICKBACK PROCEDURES Jul-95 52.203-8 CANCEL. & RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY Jan-97 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY Jan-97 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS Sep-07 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT Dec-08 52.203-14 DISPLAY OF HOTLINE POSTER(S) Dec-07 52.203-15 WHISLEBLOWER PROCTIONS UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Mar-09 52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER Aug-00 52.204-7 CENTRAL CONTRACTOR REGISTRATION Apr-08 Contractor Mandatory Internet Data Input 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT – REPORTING REQUIREMENTS Mar-09 See reporting ARRA forms in solicitation 52.209-6 PROTECTING GOV. INTEREST WHEN SUBCONTRACTING W/ CONT. DEB. SUSP. OR PROP. FOR DEB. Sep-06 52.214-5 SUBMISSION OF BIDS Mar-97 52.214-19 CONTRACT AWARD – SEALED BIDDING - CONSTRUCTION Aug-96 52.214-26 AUDIT AND RECORDS--SEALED BIDDING Mar-09 52.214-26 ALT 1 AUDIT AND RECORDS--SEALED BIDDING (ALT 1 - (Mar 09) Mar 09 52.214-27 PRICE REDUCTION FOR DEFECT. COST OR PRICING DATA-MODIFICATIONS -SEALED BIDDING Oct-97 52.214-28 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS--SEALED BIDDING Oct-97 52.215-2 AUDIT AND RECORDS – Negotiation (Alt 1 Mar-09) Mar-09 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS May-04 52.219-9 ALT 1 SMALL BUSINESS SUBCONTRACTING PLAN (ALT 1 - (Oct 01)) Apr-08 Large Business Mandatory Submittal Requirement 52.219-14 LIMITATIONS ON SUBCONTRACTING Dec-96 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN Jan-99 52.222-3 CONVICT LABOR Jun-03 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION Jul-05 52.222-6 DAVIS-BACON ACT Jul-05 Contractor Mandatory Wage Rates Posting 52.222-7 WITHHOLDING OF FUNDS Feb-88 52.222-8 PAYROLLS AND BASIC RECORDS Feb-88 Contractor Weekly Payroll Submittals 52.222-9 APPRENTICES AND TRAINEES Jul-05 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS Feb-88 52.222-11 SUBCONTRACTS (LABOR STANDARDS) Jul-05 52.222-12 CONTRACT TERMINATION--DEBARMENT Feb-88 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS Feb-88 52.222-14 DISPUTES CONCERNING LABOR STANDARDS Feb-88 52.222-15 CERTIFICATION OF ELIGIBILITY Feb-88 52.222-19 CHILD LABOR – COOPERATIN WITH AUTHORITIES AND REMEDIES Aug-09 52.222-21 PROHIBITION OF SEGREGATED FACILITIES Feb-99 52.222-26 EQUAL OPPORTUNITY Mar-07 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION Feb-99

(Updated thru FAC 2005-36 on 08/11/2009)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, & OTHER ELIGIBLE VETERANS. Sep-06 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES Jun-98 52.222-37 EMPLOYMENT. REPORTS ON SPECIAL DISABLED VETS, VETS OF THE VIETNAM ERA, ETAL. Sep-06 Contractor Annual Mandatory Reporting Requirement 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES Dec-04 Contractor Mandatory Postings 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION Aug-03 52.223-6 DRUG-FREE WORKPLACE May-01 52.223-14 TOXIC CHEMICAL RELEASE REPORTING Aug-03 Contractor Annual Contractor Reporting Requirement 52.229-2 North Carolina State and Local Sales and Use Tax Apr-84 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES Jun-08 52.227-1 AUTHORIZATION AND CONSENT Dec-07 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT Dec-07 52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS Dec-07 52.227-14 RIGHTS IN DATA - GENERAL Dec-07 52.227-17 RIGHTS IN DATA – SPECIAL WORKS Dec -07 52.228-2 ADDITIONAL BOND SECURITY Oct-97 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION Jan-97 Contractor Submittal Requirement 52.228-11 PLEDGES OF ASSETS Sep-09 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS Oct-95 52.228-14 IRREVOCABLE LETTER OF CREDIT Dec-99 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION Nov-06 Contractor Submittal Requirement 52.229-3 FEDERAL, STATE, AND LOCAL TAXES Apr-03 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS Sep-02 Contractor Submittal Requirement 52.232-16 PROGRESS PAYMENTS Jul-09 52.232-17 INTEREST Oct-08 52.232-23 ASSIGNMENT OF CLAIMS Jan-86 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS Oct-08

52.232.33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION Oct-03 52.233-1 ALT I DISPUTES (Alt-I, Dec-91) Jul-02 52.233-3 PROTEST AFTER AWARD (Alt-I, Jun 85) Aug-96 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM Oct-04 52.236-2 DIFFERING SITE CONDITIONS Apr-84 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK Apr-84 52.236-5 MATERIAL AND WORKMANSHIP Apr-84 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR Apr-84 52.236-7 PERMITS AND RESPONSIBILITIES Nov-91 52.236-8 OTHER CONTRACTS Apr-84 52.236-9 PROTECTION OF EXIST. VEGETATION., STRUCTURES., EQUIPMENT., UTILITIES, & IMPROVEMENTS Apr-84 52.236-10 OPERATIONS AND STORAGE AREAS Apr-84 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION Apr-84 52.236-12 CLEANING UP Apr-84 52.236-13 ACCIDENT PREVENTION Nov-91

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS Apr-84 Contractor Submittal Requirement 52.236-17 LAYOUT OF WORK Apr-84 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION Feb-97 52.236-26 PRECONSTRUCTION CONFERENCE Feb-95 52.242-13 BANKRUPTCY Jul-95 52.242-14 SUSPENSION OF WORK Apr-84 52.243-4 CHANGES Jun-07 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS Aug-09 52.245-2 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) Jun -07 52.246-12 INSPECTION OF CONSTRUCTION Aug-96 52.246-21 WARRANTY OF CONSTRUCTION Mar-94 52.248-3 ALT 1 VALUE ENGINEERING-CONSTRUCTION (Alt-I, Apr-84) Sep-06 52.249-1 ALT I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE)(SHORT FORM) (Alt-I, Apr-84) Apr-84 52.249-2 ALT I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (Alt-I, Sep-96) May-04 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) Apr-84 52.253-1 COMPUTER GENERATED FORMS Jan-91

TAR CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE DATE REMARKS

1252.211-70 INDEX FOR SPECIFICATIONS Apr-05 1252.242-73 CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE Oct-94

FAR & TAR PROVISIONS INCORPORATED BY REFERENCE

PROVISION TITLE DATE REMARKS

52.217-3 EVALUATION EXCLUSIVE OF OPTION Apr-84 52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD Jun-88 52.217-5 EVALUATION OF OPTIONS Jul-90

FAR & TAR CLAUSES INCORPORATED BY FULL TEXT

CLAUSE TITLE DATE SECTION SECTION TYPE REMARKS

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK Apr-84 H CONSTR. CONTRACT REQS. Government Fill In 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION Sep-00 H CONSTR. CONTRACT REQS. Government Fill In 52.211-18 52.219-4

VARIATION IN ESTIMATED QUANTITY

NOTICE OF PRICE EVALUATION. PREFERENCE FOR HUBZONE SB CONCERNS

Apr-84 Jul-05

H F

CONSTR. CONTRACT REQS

SOCIOECON PROG REQS

Contractor Fill-In

52.222-23 NOTICE OF REQ. FOR AFFIRMATIVE ACTION TO ENSURE E.E.O. Feb-99 F SOCIOECON PROG REQS Contractor Reporting Requirements 52.223-3 ALT I HAZARDOUS MAT. IDENT. & MATERIAL SAFETY DATA (Alt-I, Jul-95) Jan-97 G GEN'L CONTRACT REQS. Contractor Submittal Requirements 52.223-9 EST. OF % OF REC. MAT. CONTENT FOR EPA DESIGN. PRODUCTS May-08 G GEN'L CONTRACT REQS Contractor Reporting Requirement

52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL AND OTHER MANUFACTURED

GOODS--Buy American Act--Construction Materials Mar-09 F SOCIOECON PROG REQS

52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL AND OTHER

MANUFACTURED GOODS--Buy American Act--Construction Materials (Alt I –Mar-09) Mar-09 F SOCIOECON PROG REQS

52.225-23

REQUIRED USE OF AMERICAN IRON, STEEL AND OTHER MANUFACTURED

GOODS--Buy American Act--Construction Materials under Trade Agreements (Alt I –Mar- 09)

Aug-09 F

SOCIOECON PROG REQS

52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements Mar-09 F SOCIOECON PROG REQS Contractor Reporting Requirements

52-228-15 PERFORMANCE AND PAYMENT BONDS -- CONSTRUCTION Nov-06 G GEN'L CONTRACT REQS Contractor Reporting Requirement 52-236-1 PERFORMANCE OF WORK BY THE CONTRACTOR Apr -84 H CONSTR. CONTRACT REQS Government Fill In 52.236-4 PHYSICAL DATA Apr-84 H CONSTR. CONTRACT REQS. Government Fill In 52-248-3 VALUE ENGINEERING – CONSTRUCTION Feb-00 G GEN'L CONTRACT REQS Contractor Reporting Requirement

TAR CLAUSES INCORPORATED BY FULL TEXT

CLAUSE TITLE DATE SECTION SECTION TYPE REMARKS

FAR PT 22.9 NONDISCRIMINATION BECAUSE OF AGE POLICY Feb-64 F SOCIOECON PROG REQS Policy Statement - Not A Clause

(End of Clauses Index)

CONTRACT PROVISIONS INDEX

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

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

(End of Clause)

FAR & TAR PROVISIONS INCORPORATED BY REFERENCE

52.211-6 BRAND NAME OR EQUAL Aug-99 52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS Dec-89 52.214-4 FALSE STATEMENTS IN BIDS Apr-84 52.214-5 SUBMISSION OF BIDS Mar-97 52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS Apr-84 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS Nov-99 52.214-18 PREPARATION OF BIDS--CONSTRUCTION Apr-84 52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION Aug-96 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT - CONSTRUCTION MATERIAL. Feb-09

TAR PROVISIONS INCORPORATED BY REFERENCE

CONTRACT PROVISIONS INDEX

FAR PROVISIONS INCORPORATED BY FULL TEXT

PROVISION TITLE DATE SECTION SECTION TYPE REMARKS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS Feb-09 D REPS. & CERTIFICATIONS Mandatory Contractor On-Line Input 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS Dec-08 D 52.211-4

AVAILABILITY FOR EXAM. OF SPECS NOT LISTED IN GSA INDEX OF

FED SPECS/STANDARDS & COM. ITEM DESCRIPTION

Jun-88 E INSTRUCTIONS TO BIDDERS Government Fill In.

52.216-1 TYPE OF CONTRACT Apr-84 E INSTRUCTIONS TO BIDDERS Government Fill In.

52.225-20 PROHIBITION ON CONDUCTION RESTRICTED BUSINESS OPERATIONS

IN SUDAN - CERTIFICATION Aug-09 K

52.228-1 BID GUARANTEE Sep-96 E INSTRUCTIONS TO BIDDERS Contractor Submittal Requirement 52.233-2 SERVICE OF PROTEST Sep-06 E INSTRUCTIONS TO BIDDERS Government Fill In.

52.236-27 SITE VISIT (CONSTRUCTION) Feb-95 E CONSTR. CONTRACT REQS. Government Fill In.

OTHER PROVISIONS INCORPORATED BY FULL TEXT

PROVISION TITLE DATE SECTION SECTION TYPE REMARKS

NONE

(End of Provisions Index)

FEDERAL ACQUISITION REGULATION AND TRANSPORTATION

ACQUISITION PROVISIONS

REPRESENTATIONS AND CERTIFICATIONS

D-1

Annual Representations and Certifications. Prospective contractors shall complete electronic annual representations and certifications on-line at this web address:

http://orca.bpn.gov (See Far 4.1201) in conjunction with required registration in the Central Contractor Registration (CCR) database (see FAR 4.1102).

Vets100 Form must also be filled-in online at https://vets100.vets.dol.gov in accordance with FAR Clause 52.222-37.

Contractors are not eligible for award without completing these requirements.

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

(1) The North American Industry classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is 33.5.

(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.

http://orca.bpn.gov/ http://vets100.cudenver.edu/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P515_61726 http://orca.bpn.gov/

D-2

(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.

FAR Clause Title Date Change

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.

(End of Provision)

52.209-5 -- Certification Regarding Responsibility Matters (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 * are not * presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have * have not *, 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; and

(C) Are * are not * 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; and

(D) Have [ ], have not [ ], 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.

D-3

(1) Federal taxes are considered delinquent if both of the…