FA4830-10-R-0001_Final.pdf

23 CONTRACTING SQUADRON - FA4830

4380B ALABAMA ROAD

MOODY AFB GA 31699-1794

SEE SCHEDULE

229-257-2738

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA4830-10-R-0001 02-May-2011

b. TELEPHONE NUMBER

229-257-2831

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 02 Jun 2011

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX:

NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA4830

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE F3E360 16. ADMINISTERED BY

23 CES/CE - F3E360

CHRISTOPHER WEST

3485 GEORGIA ST

MOODY AFB GA 31699

TEL: 229-257-3814 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KATIE B. COCKERILL

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF

AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

332510

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS (CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA4830-10-R-0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot Operate COCESS Store

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store

(COCESS) located on Moody AFB, Georgia for Base Period from 01 Oct 2011 –

30 Sep 2012. See Attachment I, Statement of Work (SOW), for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $2.2 million is the annual estimated value of Non-Store Stock Sales. $300,000.00 is the annual estimated value of Store Stock Sales. Both figures are based on historical data from FY

2009. NOTE: Government is not liable if actual amounts exceed or do not exceed estimates provided from history listed above.

THIS CLIN IS NOT SEPARATELY PRICED. UNIT PRICING FOR A

REPRESENTATIVE SAMPLING OF HIGH-USE LOW-COST ITEMS AND

LOW-USE HIGH-COST ITEMS IS TO BE PROVIDED ON THE LIST OF

ITEMS DESCRIBED IN EXHIBIT I. PROPOSED UNIT PRICES WILL BE

FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE

CONTRACT.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Months Self Help Tools-RESERVED

FFP

This CLIN will not used or evaluated in bid package for Moody AFB.

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Miles Mileage for Item Pickups

COST

Mileage for Item Pickups Outside of Local Area

Base Period, Estimated 01 Oct 2011 – 30 Sep 2012

See Sections 1.10.4 and 1.12.4 of the SOW.

There will be no additional delivery cost to the government for any items procured within a 75 miles mile radius. For items procured between 76 - 250 mile radius the contractor will be reimbursed based on the current Joint Travel

Regulation government mileage rate at the time of pickup. The contractor will not go beyond 250 mile radius for item pick-up.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0004 40 Hours Standby/Emergency Support

See Section 4.3.1 of the SOW.

For this CLIN, offerors are required to provide an hourly labor rate for standby/emergency support.

UNIT UNIT PRICE MAX AMOUNT

0005 12 Months Reports

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to provide reports in accordance with Section 1.11 of the SOW. For this CLIN, offerors are required to provide a monthly rate for providing required reports.

UNIT UNIT PRICE MAX AMOUNT

1001 1 Lot OPTION Operate COCESS Store

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store

(COCESS) located on Moody AFB, Georgia for Base Period from 01 Oct 2012 –

30 Sep 2013. See Attachment I, Statement of Work (SOW), for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $2.2 million is the annual estimated value of Non-Store Stock Sales. $300,000.00 is the annual estimated value of Store Stock Sales. Both figures are based on historical data from FY

LOW-USE HIGH-COST ITEMS IS TO BE PROVIDED ON THE LIST OF

ITEMS DESCRIBED IN EXHIBIT I. PROPOSED UNIT PRICES WILL BE

FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE

UNIT UNIT PRICE MAX AMOUNT

1002 UNDEFINED Months OPTION Self Help Tools-RESERVED

UNIT UNIT PRICE MAX AMOUNT

1003 UNDEFINED Miles OPTION Mileage for Item Pickups

Base Period, Estimated 01 Oct 2012 – 30 Sep 2013 mile radius the contractor will be reimbursed based on the current Joint Travel

UNIT UNIT PRICE MAX AMOUNT

1004 40 Hours OPTION Standby/Emergency Support

Option Year 1, Estimated 01 Oct 2012 – 30 Sep 2013

UNIT UNIT PRICE MAX AMOUNT

1005 12 Months OPTION Reports

Option Year 1, Estimated 01 Oct 2012 – 30 Sep 2013

UNIT UNIT PRICE MAX AMOUNT

2001 1 Lot OPTION Operate COCESS Store

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store

(COCESS) located on Moody AFB, Georgia for Base Period from 01 Oct 2013 –

30 Sep 2014. See Attachment I, Statement of Work (SOW), for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $2.2 million is the annual estimated value of Non-Store Stock Sales. $300,000.00 is the annual estimated value of Store Stock Sales. Both figures are based on historical data from FY

LOW-USE HIGH-COST ITEMS IS TO BE PROVIDED ON THE LIST OF

ITEMS DESCRIBED IN EXHIBIT I. PROPOSED UNIT PRICES WILL BE

FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE

UNIT UNIT PRICE MAX AMOUNT

2002 UNDEFINED Months OPTION Self Help Tools-RESERVED

UNIT UNIT PRICE MAX AMOUNT

2003 UNDEFINED Miles OPTION Mileage for Item Pickups

Base Period, Estimated 01 Oct 2013 – 30 Sep 2014 mile radius the contractor will be reimbursed based on the current Joint Travel

UNIT UNIT PRICE MAX AMOUNT

2004 40 Hours OPTION Standby/Emergency Support

Option Year 2, Estimated 01 Oct 2013 – 30 Sep 2014

UNIT UNIT PRICE MAX AMOUNT

2005 12 Months OPTION Reports

Option Year 2, Estimated 01 Oct 2013 – 30 Sep 2014

UNIT UNIT PRICE MAX AMOUNT

3001 1 Lot OPTION Operate COCESS Store

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store

(COCESS) located on Moody AFB, Georgia for Base Period from 01 Oct 2014 –

30 Sep 2015. See Attachment I, Statement of Work (SOW), for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $2.2 million is the annual estimated value of Non-Store Stock Sales. $300,000.00 is the annual estimated value of Store Stock Sales. Both figures are based on historical data from FY

LOW-USE HIGH-COST ITEMS IS TO BE PROVIDED ON THE LIST OF

ITEMS DESCRIBED IN EXHIBIT I. PROPOSED UNIT PRICES WILL BE

FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE

UNIT UNIT PRICE MAX AMOUNT

3002 UNDEFINED Months OPTION Self Help Tools-RESERVED

UNIT UNIT PRICE MAX AMOUNT

3003 UNDEFINED Miles OPTION Mileage for Item Pickups

Base Period, Estimated 01 Oct 2014 – 30 Sep 2015 mile radius the contractor will be reimbursed based on the current Joint Travel

UNIT UNIT PRICE MAX AMOUNT

3004 40 Hours OPTION Standby/Emergency Support

Option Year 3, Estimated 01 Oct 2014 – 30 Sep 2015

UNIT UNIT PRICE MAX AMOUNT

3005 12 Months OPTION Reports

Option Year 3, Estimated 01 Oct 2014 – 30 Sep 2015

UNIT UNIT PRICE MAX AMOUNT

4001 1 Lot OPTION Operate COCESS Store

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store

(COCESS) located on Moody AFB, Georgia for Base Period from 01 Oct 2015 –

30 Sep 2016. See Attachment I, Statement of Work (SOW), for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $2.2 million is the annual estimated value of Non-Store Stock Sales. $300,000.00 is the annual estimated value of Store Stock Sales. Both figures are based on historical data from FY

LOW-USE HIGH-COST ITEMS IS TO BE PROVIDED ON THE LIST OF

ITEMS DESCRIBED IN EXHIBIT I. PROPOSED UNIT PRICES WILL BE

FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE

UNIT UNIT PRICE MAX AMOUNT

4002 UNDEFINED Months OPTION Self Help Tools-RESERVED

UNIT UNIT PRICE MAX AMOUNT

4003 UNDEFINED Miles OPTION Mileage for Item Pickups

Base Period, Estimated 01 Oct 2015 – 30 Sep 2016 mile radius the contractor will be reimbursed based on the current Joint Travel

UNIT UNIT PRICE MAX AMOUNT

4004 40 Hours OPTION Standby/Emergency Support

Option Year 4, Estimated 01 Oct 2015 – 30 Sep 2016

UNIT UNIT PRICE MAX AMOUNT

4005 12 Months OPTION Reports

Option Year 4, Estimated 01 Oct 2015 – 30 Sep 2016

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER

VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$50,000.00

$4,990,000.00

$1.00

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

ALL Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001-

POP 01-OCT-2011 TO

30-SEP-2012

N/A 23 CES/CE - F3E360

CHRISTOPHER WEST

3485 GEORGIA ST

MOODY AFB GA 31699

229-257-3814

F3E360

1001-

POP 01-OCT-2012 TO

30-SEP-2013

N/A (SAME AS PREVIOUS LOCATION)

2001-

POP 01-OCT-2013 TO

30-SEP-2014

N/A (SAME AS PREVIOUS LOCATION)

3001-

POP 01-OCT-2014 TO

30-SEP-2015

N/A (SAME AS PREVIOUS LOCATION)

4001-

POP 01-OCT-2015 TO

30-SEP-2016

N/A (SAME AS PREVIOUS LOCATION)

52.211-17 Delivery of Excess Quantities SEP 1989

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

52.247-55 F.O.B. Point For Delivery Of Government-Furnished Property JUN 2003

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

MDY 04-01 WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (MAR 2011)

WAWF is a web-based tool for the electronic processing of invoices and receiving reports. The URL for WAWF is https://wawf.eb.mil. There are no charges to use WAWF. New users can obtain assistance with registration and system setup at the WAWF website under ―New User‖. If additional assistance is required contact the

WAWF Help Desk at 866-618-5988 or email cscassig@csd.disa.mil.

Training for WAWF is available at https://wawftraining.eb.mil/. This is a web-based training tool that mirrors the

WAWF production site. Be sure to review the Training Instructions prior to beginning the training course.

THE FOLLOWING INFORMATION WILL BE REQUIRED TO ROUTE YOUR INVOICES CORRECTLY

THROUGH WAWF.

When submitting an invoice in WAWF, pay particular attention to the type of invoice. Use the following Invoice type and coding:

COMBO = Commodities & Service Contracts

Issue DoDAAC = FA4830

Admn DoDAAC = FA4830

Inspect By = blank

Service Acceptor ―Ship To‖ Code = Customer BPN

The Pay Office DoDAAC is F67100.

Contact email information will be provided by the contract administrator.

Additional information on Electronic Commerce is available at the Defense Finance and Accounting Service (DFAS)

Electronic Commerce Tool Box website located at http://www.dfas.mil/contractorpay/electroniccommerce.html.

Questions concerning payment should be directed to the Customer Care section of the DFAS Limestone office at

866-724-0526. Please have your order number and invoice number ready when calling about payment status. If your paying office is other than Limestone, contact your Contract Administrator for the customer service phone numbers.

Should you need additional assistance with WAWF, contact your Contract Administrator or the Plans & Programs flight at 229-257-2737.

https://wawf.eb.mil/ mailto:cscassig@csd.disa.mil https://wawftraining.eb.mil/ http://www.dfas.mil/contractorpay/electroniccommerce.html

Section H - Special Contract Requirements

MDY 08-01 BASE ENTRY AND FORCE PROTECTION (FP) REQUIREMENTS (MAR 2011)

All personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the government installation, shall abide by all force protection regulations of the installation.

1. Background Checks: The 23 CONS will obtain consent for criminal background checks from all prime and sub-contractors and provide the 23 SFS the completed criminal background consent forms NLT 5 duty days prior to the contract start date. The contractor will provide a listing of employees names for use in conducting criminal background checks. The employee will be required to consent to a criminal background check. The 23

SFS will conduct all criminal background checks. These background checks, once conducted, will be considered valid for a period of one year. If the contract employee has a previous history of extreme crimes, WG leadership with guidance from the legal office would decide if they will be granted entry to the installation.

2. Visitor’s Pass: Contractors are not allowed to bring guests onto the installation. All contractor employees will obtain a base access pass from 23 SFS in accordance with paragraph 1 above. Failing to do so will result in barment from the base of any employee found on the installation without the appropriate documentation.

3. Retrieving Identification Media: The contractor shall retrieve all passes from employees who depart for any reason before the pass expires; e.g. termination, retirement, etc.

4. FP Awareness: The contractor will ensure all employees follow all MAFB anti-terrorism Force Protection

Condition Measures (FPCONs). Contracting Officer Representatives (COR), Quality Assurance Personnel

(QAP), and Functional Commanders (FC) will ensure all contractors know they are responsible for following the

Moody anti-terrorism measures. Not all measures apply to everyone. The CORs, QAPs, and FC will give the appropriate FPCON information to the contractors. If clarification is needed the Wing Anti-Terrorism Office will provide guidance as necessary.

5. Vehicle Searches: All vehicles are subject to search any time by Security Forces. During periods of lightning within 5 miles of the base, vehicle searches will not be conducted for safety reasons. Due to a lack of space vehicle operators will be asked to leave the installation while waiting for the lightning to stop.

6. Weapons, Firearms, and Ammunition: Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their contractor-owned vehicle or privately owned vehicle while on Moody AFB, Georgia.

7. Reporting Requirements: Contractor personnel shall notify the appropriate authority of any information or circumstances of which they are aware may pose a threat to the security of DoD personnel, contractor personnel, resources, and classified or unclassified defense information. Contractor employees shall be briefed by their immediate supervisor upon initial on-base assignment.

MDY 09-01 CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (EMS)

(MAR 2011)

Executive Order 13423 states that ―All appropriate facilities will use EMS as the primary management approach for addressing environmental aspects of internal agency operations and activities‖

The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility EMS applicable for your contract. The Contractor shall perform work in a manner that conforms to the Moody AFB EMS, including but not limited to: addressing significant aspects the

Contractor may be responsible for, developing and maintaining Operational Controls identified by the Moody AFB

EMS, and providing monitoring and measurement information as necessary for the installation to address environmental performance relative to the environmental energy goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Contracting Officer. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete appropriate environmental training specified for the type of work conducted on-site. Upon contract award, the government Project Manager/Inspector will notify the facility-level

EMS Coordinator to arrange EMS training for appropriate staff.

All waste materials generated by any work under the contract performed on a government installation shall be handled, transported, stored, and disposed of by the contractor and by his subcontractors at all times in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including but not limited to Executive Order 11752, 17 December 1973, the Federal

Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); The Clean Air Act, as amended (42 USC

SEC 1857 ET SEQ); the Refuse Act of 1898 (33 USC Executive Order 11507); and the Environmental Protection

Agency guidelines on thermal processing and land disposal of solid waste (40 CFR, Chapter 1, parts 240 & 241).

Contractors should make every effort to divert construction debris from the waste stream. All materials diverted should be reported by weight using the form provided as an attachment to this contract.

Section I - Contract Clauses

52.202-1 Definitions JUL 2004

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000

52.204-7 Central Contractor Registration APR 2008

52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2010

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

SEP 2006

52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997

52.219-8 (DEV) Utilization of Small Business Concerns (DEVIATION) MAY 2004

52.219-9 Alt II

(Dev)

Small Business Subcontracting Plan (Jul 2010) Alternate II

(Deviation)

OCT 2001

52.219-25 (DEV) Small Disadvantaged Business Participation Program--

Disadvantaged Status and Reporting (DEVIATION)

APR 2008

52.222-50 Combating Trafficking in Persons FEB 2009

52.222-54 Employment Eligibility Verification JAN 2009

52.222-99 (Dev) Notification of Employee Rights under the National Labor

Relations Act (DEVIATION 2010-O0013)

JUN 2010

52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003

52.223-5 Alt I Pollution Prevention and Right-to-Know Information (Aug

2003) Alternate I

AUG 2003

52.223-6 Drug-Free Workplace MAY 2001

52.223-16 Alt I IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (Dec 200&0 Alternate I

DEC 2007

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes APR 2003

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-9 Limitation On Withholding Of Payments APR 1984

52.232-11 Extras APR 1984

52.232-17 Interest OCT 2008

52.232-25 Prompt Payment OCT 2008

52.233-1 Disputes JUL 2002

52.233-3 Protest After Award AUG 1996

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price AUG 1987

52.245-1 Government Property AUG 2010

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7001 Buy American Act And Balance Of Payments Program JAN 2009

252.225-7002 Qualifying Country Sources As Subcontractors APR 2003

252.225-7012 Preference For Certain Domestic Commodities JUN 2010

252.225-7013 Duty-Free Entry DEC 2009

252.225-7015 Restriction on Acquisition of Hand Or Measuring Tools JUN 2005

252.225-7021 Trade Agreements NOV 2009

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment MAR 1998

252.247-7023 Transportation of Supplies by Sea MAY 2002

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT

INSTALLATIONS

JUN 1997

52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information

System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the

Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor's record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2011)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L. 111-

5).

___ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a).

___ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (9) [Reserved].

___ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

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

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

___ (11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

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

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

___ (12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).

___ (13)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9

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

___ (iv) Alternate III (JUL 2010) of 52.219-9.

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

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

___ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT

2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting

(APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)

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

___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

(U.S.C. 657 f).

___ (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

632(a)(2)).

_X__ (21) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X__ (22) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

_X__ (23) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X__ (24) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X__ (25) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

_X__ (26) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29

U.S.C. 793).

____ (27) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

_X__ (28) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

___ (29) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_X__ (30) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)

_X__ (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007) (E.O. 13423) .

_X__ (ii) Alternate I (DEC 2007) of 52.223-16. .

___ (33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).

_X__ (34) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (35)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-

10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

___ (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (37) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10

U.S.C. 2307(f))

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

2307(f)).

_X__ (42) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31

U.S.C. 3332).

___ (43) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY

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

___ (44) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

_X__ (45) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (46)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (APR 2003) of 52.247-64.

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

____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and

Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C.

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

____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1

(41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated by the Contracting Officer. Such orders may be issued from date of award through one year, and any resulting option periods.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $250,000.00;

(2) Any order for a combination of items in excess of NTE $5,000,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within same day of issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract 90 days beyond the last date of the contract.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (JUL 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph

(d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall…