FA4407-09-T-0034.doc

Section B - Supplies or Services and Prices

Paint C140 for heritage air park

FFP

Paint C140 aircraft for heritage air park in accordance with the attached statement of work. All work to be completed within 20 calendar days of notice of award. Site visit is scheduled on 3 Feb 09 at 1:00 pm local time.

FOB: Destination

NSN: 8010-PA-TC4-PARK

PURCHASE REQUEST NUMBER: F3S1199022A001

PROJECT: 000

SIGNAL CODE: A

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work

22 January 2009 Historical Aircraft Painting

1. DESCRIPTION OF SERVICES

Scope: Contractor will comply with all state and federal environmental code regulations to comply with this contract. Contractor will furnish all labor, tools, materials, personnel, facilities and incidentals necessary to accomplish corrosion control and painting of artifact aircraft

1.1 Task: Paint one Air Force C-140A Jetstar aircraft in accordance with (IAW) commercial practices and manufacturer’s recommended procedures.

PART 1 – GENERAL

DESCRIPTION OF WORK

This work consists of the repair and removal of some Lead Based Paint (LBP) items. Repairs shall be accomplished by encapsulation. Removal shall consist of some removal and complete disposal.

TEST RESULTS

Sampling and laboratory test results for this work are part of this specification and are attached at the end of section 4, para 4.5

COMPLIANCE WITH REGULATIONS

The contractor shall comply with all applicable federal, state and local regulations in the performance of this work. Where a conflict exists regarding interpretation of the regulations, that conflict will be resolved by Base Legal, 375 CES/CEV, and Bioenvironmental Engineering.

Applicable regulations shall include and are not limited to:

1.

Title 29 CFR (Code of Federal Regulations) part 1926, Construction Standards part 1926.62, Lead

2.

35IAC: Subtitle G; Parts 700-729

3.

Title 40 CFR (Code of Federal Regulations) part 50.12, National Primary and Secondary Ambient Air Quality Standards for Lead parts 240 to 280, implementing the Resource Conservation and Recovery Act (RCRA) part 302, implementing the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) part 100 to 140, 220 to 233, and 400 to 699, implementing the Clean Water Act (CWA)

4.

15 U.S.C. 2601 et seq., The Toxic Substances Control Act (TSCA)

5.

Model Specifications for the protection of Workers from Lead by the Center to Protect Workers’ Rights, Oct 1993.

6.

ILL. ADM. Code 722.134 7.

NFPA 410, Chapter 7

MANIFESTS

The contractor shall prepare, execute and track all manifests. The preparation of manifests shall be coordinated with the Scott Air Force Base Environmental Management Office. Environmental Management will sign all manifests as the generator.

DISPOSAL

A. Lead Based Paint (LBP) adhering to metal substrate must be recycled by the Contractor. The Contractor must submit proof of recycling to the Contracting Officer.

B. All remaining LBP items, where paint is still adhering to other substrate, shall be transported to an approved disposal site and disposed of as general construction debris.

C. Materials used and resulting from all Contractor operations shall be sampled and laboratory tested for 1) Lead, by Toxicity Characteristic Leaching Procedure (TCLP), and 2) Other contaminants, by appropriate test methods, to determine characterization and disposal requirements. Materials include and are not limited to:

Paint chips and strippings.

1.

Waste water.

2.

Dust from Hepa filters and from damp cleaning.

3.

Plastic sheets, duct tape uses to cover floors and other surfaces during lead based paint removal.

4.

Liquid waste such as wash water used to decontaminate surface after solvents have been used.

5.

Rags, sponges, mops, Hepa filters, respirator cartridges, scrappers, and other material used for testing.

6.

Disposable work clothing and respirator filters.

7.

Other items contaminated with lead-based paint.

D. The contractor shall perform any required additional sampling and laboratory testing of construction debris in accordance with regulatory and landfill requirements.

SUBMITTAL

The Contractor shall submit for approval a detailed, site specific LBP Repair and Removal Plan signed by an IH to be used in complying with the requirements of this specification to the Contracting Officer (CO). The plan shall be approved by the Contracting Office prior to work being performed. The complete plan shall be bound and include as a minimum (Not applicable items shall be identified with an explanation) NOTE: Plan to be submittted 2 days after notice of award:

A. Table of Contents or Index for all pages in plan.

B. Subcontractor performing LBP Repair and Removal, if applicable.

C. Methods, procedures, material and equipment.

D. Material Safety Data Sheets (MSDS).

E. Signage.

F. Personal protective equipment.

G. Containment.

H. Work zones.

I. Decontamination procedures with diagrams.

J. Rental equipment.

K. Air, waste and site sampling and laboratory testing.

L. Lead health and safety.

M. Licensed haulers and container criteria.

N. Disposal.

O. Permits.

P. Manifests.

PART 2 – PRODUCTS. Sherwin Williams 0 VOC acrylic paint, with suggested colors:

· Arugula

· Saguaro

· Buff

· Gray Shingle

PART 3 – EXECUTION

GENERAL

Conduct all work in accordance with the approved LBP Repair and Removal Plan. Any deviations must be approved through the Contracting Officer.

CONTAINMENT

A. Erect appropriate containment and post signs to preclude general traffic flow.

B. Provide appropriate work signage, and barrier tape.

LBP REPAIR AND REMOVAL

A. Visible emissions during project will require immediate misting/wet methods to correct condition. The Contractor shall remove all dust from the work areas resulting from his operations.

B. Inform Contracting Officer of air monitoring results for lead, chrome and cadmium and unusual conditions immediately. Results shall be provided to Bioenvironmental Engineering for review.

C. Store and dispose of waste properly. Keep work areas in an orderly and safe manner.

RECORDS

A. Keep project records for a minimum of three (3) years for all monitoring, sampling and laboratory testing. Include the date, number, duration and location of each sample taken, methods used, and results. Submit two copies of project records to Contracting Officer at completion of the work.

B. The Contracting Officer may request the submittal of specific records and testing results during the course of the project. The requested information shall be submitted within three working days.

1.1.1 Photo documenting all existing aircraft markings and paint scheme for duplication

1.1.2 Power washing complete exterior surfaces, landing gear and gear wells.

1.1.3 Sanding and feathering exterior surfaces to remove imperfections in existing paint, (I.E. flaking, runs, etc.) providing smooth surface.

1.1.4 Corrosion will be removed and/or treated as required before primer coat is applied to the aircraft.

1.1.5 Use scuff and shoot procedures.

1.1.6 Painting aircraft with acrylic exterior coating:

a. Paint scheme will follow existing colors with appropriate blend lines

b. Engine Inlets/Exhaust – as depicted in photo

c. All existing markings as documented

d. Upper surface walkways black

e. PAINT DOES NOT REQUIRE AIRWORTHINESS

g. Bird proof all perching points 1.1.7 Aircraft standards:

a. Visible primer through top coat unacceptable

b. Overspray unacceptable

c. Blisters, fish eyes, runs and sags unacceptable

d. Roughness or dirt inclusions unacceptable

e. Paint shall not flake, peel, or chalk for three years from date contract is completed.

1.1.8 Contractor will insure that the worksite is clear to prevent overspray to other aircraft and to prevent visitors from entering work area. Contractor will clean work area each day prior to departure.

1.1.9 Contractor shall ensure that the work area is completely cleaned prior to contract closure.

1.1.10 Contractor shall provide to the 375OSS/OSMQT, 1 quart of each paint/primer color with MSDS via AF Form 3000. Aircraft will be anodized and primed with a corrosion resistant primer and painted with two coats of base color. All exterior placards will conform to the manufacturer’s specifications. All painting and replacement actions will be in accordance with Federal Aviation Administration Regulations and applicable Illinois EPA, Air Quality guidelines. A 10 year warranty against material and workmanship will also be provided by the awarded vendor.

2. SERVICE SUMMARY (N/A)

3. GOVERNMENT FURNISHED PROPERTY/SERVICES

1.1 Government has provided the applicable Air Force technical data which provides paint and decaling specifics to C-140A Jetstar aircraft. The following is attached T.O 1-1-4 dated 20 Mar 98 (176 pages), C-140 JETSTAR Dimensions, Pictures of painted aircraft, and 3 dimension view of C140.

4. GENERAL INFORMATION

4.1 Place of Performance: Scott AFB IL; specific location- inside Bldg 742 (fuel barn). The Government will move the aircraft into the hangar, the contractor will not be required to move the aircraft.

4.2 Duty Hours: Contractor personnel are expected to perform their work within the core operating hours of 7:30 a.m. to 4:30 p.m., Monday through Friday, each week, excluding Government observed holidays (see below for holidays observed). If extended hours are required to complete this, the contractor shall coordinate with the Quality Assurance Personnel (QAP) for access to facilities.

New Year’s Day Martin Luther King’s Birthday

Presidents Day

Memorial Day

Fourth of July

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

4.3 Security Requirements:

Contractor Consent to Background Checks

The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant as identified by Law Enforcement Agency Data System (LEADS) through the National Crime Information Center. LEADS checks will verify if a person is wanted by local, state, and federal agencies. All contractor and subcontractor personnel must consent to LEADS background checks. Contractor and subcontractor personnel who do not consent to an LEADS check will be denied access to the installation. Information required to conduct a LEADS check includes: full name, driver’s license number, and/or social security number, date of birth of the person entering the installation, and completion of a background check questionnaire. The contractor shall provide this information using the Scott AFB Form 21, Contractors Consent for Background Check, and shall submit it in conjunction with the contractor’s request for either base or vehicle passes. Completion of a successful LEADS check does not invalidate the requirement for an escort when contractor or subcontractor personnel are working within controlled or restricted areas.

Contractors shall ensure their employees and those of their subcontractors have the proper credentials allowing them to work in the United States. Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities.

The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this clause. Furthermore, nothing in this clause shall excuse the contractor from proceeding with the contract as required.

Badges

The contractor is required to provide identification badges for their employees. All contractor personnel shall wear these badges while on duty on the government site. Badges are required to identify the individual, company name, and be clearly and distinctly marked as contractor. Size, color, style, etc. are to be mutually agreed to by the contractor and the government. The contractor’s identification badge will not be used as an entry requirement for installation entry or into any government designated controlled or restricted area.

Contractor Registration of Vehicles on Scott AFB

All contractor or subcontractor employees’ vehicles used for the performance of this contract shall comply with all local, state and federal regulations. Additionally any pass shall be surrendered to Security Forces upon demand to positively identify a persons need to be on Scott AFB.

Access to Installation During Various Force Protection Conditions (FPCONs)

Contractors will be assigned a mission essential designation IAW requirements contained in SAFBI 31-101/Installation Security Instruction. Only the installation commander or the unit commander requesting contract support will assign the mission essential designation.

Property Protection tc "5.1.3. Property Protection"Property protection for facility where the contractors’ primary work center is located will be the responsibility of the local facility manager and local Government Security Manager, or their duly authorized representative IAW AFI 31-101, The Air Force Installation Security Program and command/local directives. The contractor shall safeguard all government-owned equipment and materials in his/her possession or use.

Safeguarding Classified or Unclassified Information tc "5.1.4.2. Safeguarding Classified Information"The contractor shall meet Air Force standards for storing, processing, and handling classified information and systems. Additionally, all resources (e.g. maps, publication/instructions, photos) provided by the government to assist the contractor in the performance of their contract will be surrendered upon termination of employment or the end of the contract performance period.

Non-Disclosure Agreements

To safeguard information, the contractor shall enter into non-disclosure agreements with the responsible local security manager.

Privacy Act

Work on this project requires that personnel have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

Contractors Working in Controlled or Restricted Areas

The unit requesting contract support will provide escort (s) for contractors’ at all times when within a controlled area. Contractors shall not escort other contractor employees within controlled or restricted areas. In addition, contractors shall fulfill, maintain, and comply with all security requirements IAW AFI 31-101, The Air Force Installation Security Program, and command/local directives.

Contractors Responsibilities while Working within Controlled or Restricted Areas

Only contractor personnel with proper authority and qualifications shall enter a controlled or restricted area. Certain facilities require the issuance of an AF Form 1199 or AF Form 1199CD. The government, at any time, may revoke the AF Form 1199. The procedures for the issuance of an AF Form 1199CD are contained in SAFBI 31-101/Installation Security Instruction. Contractors shall not escort other contractor employees within controlled or restricted areas. In addition, contractors shall fulfill, maintain, and comply with all security requirements contained in SAFBI 31-101/Installation Security Instruction.

Access To Government Facilities with Controlled or Restricted Areas tc "5.1.2. Access to Government Facilities"The contractor shall comply with security regulations imposed by the installation commander and/or the agency responsible for the project location. Due to specific mission requirements inherent in the nature of controlled or restricted areas on Scott AFB, the government may direct the contractor to leave the controlled or restricted areas at any given time.

Access To Government Facilities with Controlled or Restricted Areas for Replacement Contractors

The unit requesting contract support will continuously escort replacement contractors, not initially possessing the proper clearances and requiring entry to controlled or restricted areas. Replacement contractors must obtain a final, approved security clearance within 30 days of being assigned.

4.4 Government Quality Assurance Personnel

SSgt Michel Herbert or Capt Kevin Morris at (618) 256-7054/2183 or email kevin.morris@scott.af.mil or Michael.herbert-02@scott.af.mil

4.5 Government Sampling and Laboratory Test Results

C-140, Sample 1

· LEAD………………………………………………………………………….....………0.23 wt. %

· CADMIUM……………………………………………………………………………0.0012 wt. %

· CHROMIUM…………………………………………………………………....……….0.55 wt. %

C-140, Sample 2

· LEAD………………………………………………………………………..…..……….0.65 wt. %

· CADMIUM…………………………………………………………….………..…….0.0015 wt. %

· CHROMIUM…………………………………………………………….……..………..0.90 wt. %

AIRCRAFT DIMENSIONS

C-140 JETSTAR Dimensions

Wing Span

54 ft. 11 in.

Length

60 ft. 5 in.

Height

20 ft. 5 in.

Weight

41,000 lbs max.

Empty Weight 25,250 lbs.

PAINT SCHEMES

C-140A 59-5959

The C-140A on display is painted to match similar aircraft as they looked while they operated at Scott AFB.

Current CMI

C-140s in operation at Scott AFB

DRAWINGS

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

861 SOUTH DRIVE, ROOM 360

SCOTT AFB IL 62225-5101

FOB: Destination F3S119

Section G - Contract Administration Data

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Price

2. Past Performance

3. Technical capability

In accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price are equal.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2008)

An offeror shall complete only paragraph (b) 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 (c) through (m) 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.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

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 the stock of which 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 its stock is owned by one or more women; or

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

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(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 ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(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 ( ) 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 ( ) is, ( ) 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):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(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 ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not s joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ) has, ( ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American Act--Supplies.''

(2) Foreign End Products:

Line Item No.:---------------------------------------------------------

Country of Origin:-----------------------------------------------------

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(List as necessary)

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ) 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 Federal, state or local government 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

(3) ( ) are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ( ) 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.

(i) Taxes are considered delinquent if both of the following criteria apply:

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

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

(ii) Examples.

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

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

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).)

(1) Listed End Product

Listed End Product Listed Countries of Origin:

(2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.)

( )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

( ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.)

( ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ) does ( ) does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

( ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) 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 (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 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 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

( ) TIN: --------------------.

( ) TIN has…