10R0014-RFP.pdf

374TH CONTRACTING SQUADRON

UNIT 5228, BLDG 620

APO AP 96328-5228 UNITED STATES

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

FA5209-10-R-0014 03-Jun-2010

b. TELEPHONE NUMBER

042-552-3014

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 02 Jul 2010

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 X ARE

26. TOTAL AWARD AMOUNT (For Gov t. 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.

FA5209

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE F4G3B4 16. ADMINISTERED BY

374TH CIVIL ENGINEER SQ

MAINT ENGIN OPS FLIGHT

UNIT 5104 BLDG 838

YOKOTA AB

FUSSA-SHI, TOKYO 197-0001 JAPAN

TEL: FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TOMOKO HARASHIMA

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.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

561210

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

SEE SCHEDULE

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:

1 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

FA5209-10-R-0014

Section SF 1449 - CONTINUATION SHEET

Addenda to Blocks 19-24 of SF1449

SCHEDULE

SUPPLIES OR SERVICES AND PRICES/COSTS:

CONTRACTOR SHALL PROVIDE ALL NECESSARY PERSONNEL, SUPERVISION, MANAGEMENT,

TOOLS, EQUIPMENT, TRANSPORTATION, MATERIALS AS DESCRIBED IN THE ATTACHED

PERFORMANCE-BASED WORK STATEMENT, AND ANY OTHER ITEMS OR SERVICES

NECESSARY TO PROVIDE INSPECTION AND MAINTENANCE OF ELEVATORS AT YOKOTA AIR

BASE AND TAMA ANNEX

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months _________________ _______________________ Basic: 1 Oct 10-30 Sep 11, O&M

FFP

Inspection and Maintenance of Elevators at YAB and Tama in accordance with the attached PWS. WO:81113 AA

PURCHASE REQUEST NUMBER: F4G3B40111AQ01

SIGNAL CODE: A

NET AMT

0002 12 Months _________________ _______________________

Basic: 1 Oct 10-30 Sep 11, Passenger

FFP

MFH-Passenger Type: Inspection and Maintenance of Elevators at YAB in accordance with the attached PWS. WO:81114 BB

PURCHASE REQUEST NUMBER: F4G3B40111AQ02

0003 12 Months _________________ _______________________

Basic: 1 Oct 10-30 Sep 11, Freight

FFP

MFH-Freight/Passenger Type: Inspection and Maintenance of Elevators at YAB in accordance with the attached PWS. WO:81115 CC

PURCHASE REQUEST NUMBER: F4G3B40111AQ02

0004 12 Months _________________ _______________________

Basic: 1 Oct 10-30 Sep 11, DODDS

FFP

Inspection and Maintenance of Elevators at DODDS in accordance with the attached PWS. WO:A81121 DD

PURCHASE REQUEST NUMBER: F4G3B40125A001

TOTAL AMOUNT OF BASIC PERIOD __________________________

1001 12 Months _________________ _______________________

OPTION Option 1: 1 Oct 11-30 Sep 12, O&M

FFP

Inspection and Maintenance of Elevators at YAB and Tama in accordance with the attached PWS.

1002 12 Months _________________ _______________________

OPTION Option 1: 1 Oct 11-30 Sep 12, Passenger

FFP

MFH-Passenger Type: Inspection and Maintenance of Elevators at YAB in accordance with the attached PWS.

1003 12 Months _________________ _______________________

OPTION Option 1: 1 Oct 11-30 Sep 12, Freight

FFP

MFH-Freight/Passenger Type: Inspection and Maintenance of Elevators at YAB in

1004 12 Months _________________ _______________________

OPTION Option 1: 1 Oct 11-30 Sep 12, DODDS

FFP

Inspection and Maintenance of Elevators at DODDS in accordance with the

TOTAL AMOUNT OF OPTION ONE (1) PERIOD _________________________

2001 12 Months _________________ _______________________

OPTION Option 2: 1 Oct 12-30 Sep 13, O&M

FFP

Inspection and Maintenance of Elevators at YAB and Tama in accordance with the

2002 12 Months _________________ _______________________

OPTION Option 2: 1 Oct 12-30 Sep 13, Passenger

FFP

MFH-Passenger Type: Inspection and Maintenance of Elevators at YAB in

2003 12 Months _________________ _______________________

OPTION Option 2: 1 Oct 12-30 Sep 13, Freight

FFP

MFH-Freight/Passenger Type: Inspection and Maintenance of Elevators at YAB in

2004 12 Months _________________ _______________________

OPTION Option 2: 1 Oct 12-30 Sep 13, DODDS

FFP

Inspection and Maintenance of Elevators at DODDS in accordance with the

TOTAL AMOUNT OF OPTION TWO (2) PERIOD _________________________

3001 12 Months _________________ _______________________

OPTION Option 3: 1 Oct 13-30 Sep 14, O&M

FFP

Inspection and Maintenance of Elevators at YAB and Tama in accordance with the

3002 12 Months _________________ _______________________

OPTION Option 3: 1 Oct 13-30 Sep 14, Passenger

FFP

MFH-Passenger Type: Inspection and Maintenance of Elevators at YAB in

3003 12 Months _________________ _______________________

OPTION Option 3: 1 Oct 13-30 Sep 14, Freight

FFP

MFH-Freight/Passenger Type: Inspection and Maintenance of Elevators at YAB in

3004 12 Months _________________ _______________________

OPTION Option 3: 1 Oct 13-30 Sep 14, DODDS

FFP

Inspection and Maintenance of Elevators at DODDS in accordance with the

TOTAL AMOUNT OF OPTION THREE (3) PERIOD _________________________

4001 12 Months _________________ _______________________

OPTION Option 4: 1 Oct 14-30 Sep 15, O&M

FFP

Inspection and Maintenance of Elevators at YAB and Tama in accordance with the

4002 12 Months _________________ _______________________

OPTION Option 4: 1 Oct 14-30 Sep 15, Passenger

FFP

MFH-Passenger Type: Inspection and Maintenance of Elevators at YAB in

4003 12 Months _________________ _______________________

OPTION Option 4: 1 Oct 14-30 Sep 15, Freight

FFP

MFH-Freight/Passenger Type: Inspection and Maintenance of Elevators at YAB in

4004 12 Months _________________ _______________________

OPTION Option 4: 1 Oct 14-30 Sep 15, DODDS

FFP

Inspection and Maintenance of Elevators at DODDS in accordance with the

TOTAL AMOUNT OF OPTION FOUR (4) PERIOD _________________________

TOTAL AMOUNT OF BASIC AND ALL OPTION PERIODS _______________________

Note 1: The government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

Note 2: Solicitation provisions will be physically removed from any resultant award, but will be deemed to be incorporated by reference in that award.

Addenda to SF 1449

Block 17b of SF 1449, Remittance Address:

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

Block 18 of SF1449, submit invoices to the following address:

Invoices shall be submitted to the Quality Assurance Personnel (QAP) at the following address:

374 CES/CEOSS

Unit 5104, Bldg 838

Yokota Air Base

Fussa-shi, Tokyo 197-0001

Block 25, SF 1449, Accounting and Appropriation Data:

Availability of FY11 funds

52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009

Addendum to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (Mar

2009):

(c) Changes. The text is deleted and replaced as follows:

FAR 52.217-8, Option to Extend Services and FAR 52.217-9, Option to Extend the Terms of the Contract, have been added by addendum to this contract. In accordance with terms and conditions of the clause, the Contracting

Officer may unilaterally exercise any option(s). All other changes to the terms and conditions of this contract shall be made only by written agreement of the parties.

(k) Taxes. The text is deleted and replaced as follows:

(1) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the Government of Japan have agreed shall not be applicable to expenditures in Japan by or on behalf of the United States.

(2) The Status of Forces Agreement between the Japan and the United States and implementing the Japanese laws authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United

States Armed Forces. Those taxes include (1) Consumption tax, (2) Gasoline tax and local road tax on gasoline, (3)

Diesel oil tax, and (4) Liquefied petroleum gas tax.

(3) The Contractor will submit requests for gasoline or diesel oil tax exemption certificate to the Contracting

Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to support the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the Contractor a tax exemption certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract.

(u) Conciliation. Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the

Contractor shall be made in accordance with the following procedures:

(1) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the clause of this contract entitled, ―Disputes‖ and within the time limits described therein before filing a request for conciliation with the Joint Committee and then request the appellate authority under the ―Disputes‖ clause to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(2) The request for conciliation will be submitted by the Contractor through the nearest Defense Facilities

Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(3) In the event the disagreement submitted to the Joint Committee under subparagraph (2) above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the clause of this contract entitled, ―Disputes‖, of the settlement of the dispute and to withdraw his appeal.

(4) In the event the Contractor has submitted a request for conciliation to the Joint Committee under subparagraph

(2) above desires, notwithstanding tendency of his request for conciliation, that action by the appropriate authority under the clause of this contract entitled, ―Disputes‖, be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the Contractor of his action taken hereunder.

(5) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled, ―Disputes‖, has been rendered.

Pending the hearing of the conciliation panel, the Contractor shall proceed diligently with the performance of the contract in accordance with the Contracting Officer’s decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file in a civil suit.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2010)

(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

(MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

__(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-

5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (7) [Reserved].

___ (8)(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.

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

___ (9)(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.

___ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (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.

___ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (14)(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.

___ (15) 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).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)

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

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

(U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

632(a)(2)).

___ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

___ (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O.

13126).

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

___ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other

Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (26) 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.)

___ (27) (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.)

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)

___ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

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

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

___ (30) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (31)(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.

___ (32) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (33) 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).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (36) 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))

___ (37) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

___ (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31

U.S.C. 3332).

_X__ (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY

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

(B)(1) Prior to the submission of the first invoice, by using the form from DFAS.

___ (40) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

___ (41) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (42)(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 (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (SEP 2006) (38 U.S.C. 4212).

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

(vii) Reserved.

(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.

(End of clause)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (APR 2010)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

_X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR

Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items or components.

(1) ___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(3) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note).

(5) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582).

(6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).

(7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10

U.S.C. 2533b).

(8) ____ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).

(9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).

(10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of

Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(11) ____ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

(13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.

2755).

(14)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL 2009)

(41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (JUL 2009) of 252.225-7036.

(15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).

(16) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(17) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(18) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(19) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10

U.S.C. 2227).

(20) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of

Public Law 108-375).

(21) _X___ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(22)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009)

(Section 884 of Public Law 110-417).

(23)(i) __X__ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ____ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) ____ Alternate III (MAY 2002) of 252.247-7023.

(24) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public

Law 108-375).

(2) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009)

(Section 884 of Public Law 110-417).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

(The second sentence is deleted in its entirety.)

The purpose of this clause, the blanks is completed as follows:

Not later than 15 calendar days prior to contract expiration

Note: Since these services will be performed strictly in the country of Japan, the contractor is required to follow the labor standards of Japan. The rates will not be adjusted as a result of revision to prevailing labor rates provided by the Secretary of Labor, as applicable to contracts performed in the United

States. Therefore, payment shall be made at the rates specified for the period of performance immediately preceding the period of extended services.

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

For the purpose of this clause, the blanks are completed as follows:

(a) at least 30 days before the contract expires.

at least 60 days before the contract expires.

(c) shall not exceed 66 months.

52.232-18 Availability Of Funds APR 1984

LIST OF DOCUMENTS, EXHIBITS, OR ATTACHMENTS:

Attachment No. Title Date Number of Pages

Performance-based Work Statement for Inspection and Maintenance of Elevators at Yokota Air Base and

Tama Recreation Area, Japan

20 Apr 10

Performance Plan

( Not part of the resulting contract)

20 Apr 10 10

Present/Past Performance Reference List

(Not a part of resultant contract)

N/A 1

Present/Past Performance Survey

(Not a part of resultant contract)

N/A 3

52.212-1 Instructions to Offerors--Commercial Items JUN 2008

Addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUN 2008)

Paragraph (C), Period for acceptance of offers is revised to read as follows:

The contractor agrees to hold the prices in its offer from for 60 calendar days from the date specified for the receipt of offers.

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

(a) This is a competitive best value source selection in which proposals will be evaluated on an integrated assessment of price and present/past performance, with present/past performance approximately equal to price. The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal is technically acceptable, conforms to the solicitation requirements and will provide the best value to the

Government in terms of present/past performance and price. Technical acceptability is achieved when the offeror provides proof that they possess valid licenses/certificates in conformance with Japanese laws and its supplemental regulations for the Contractor Personnel as follows (see para 1.6.1 of the PWS):

1. The technical supervisor(s) shall be licensed as “Elevator Inspectors (昇降機検査資格者)” which is accredited and issued by Ministry of Land, Infrastructure, Transport and Tourism

(国土交通省), the Government of Japan (GOJ) and possess following licenses/certificates in compliance with Japanese Building Standards Law (建築基準法), Article 12, para 3.

(1) First-class registered architect (一級建築士) or second-class registered architect

(二級建築士);

Or

(2) Equivalent Certificate issued by Japan Building Equipment and Elevator Center Foundation

(財団法人 日本建築設備·昇降機センター) designated by Ministry of Land, Infrastructure, Transport and Tourism, the GOJ and certified personnel shall be registered on the Center’s

Master Listing.

2. All offerors are required to submit a copy of licenses/certificates in addition to the price and present/past performance information. Subject licenses/certificates must be translated into

English. Technical acceptability will be rated as “met” or “failed”. In the event that the offeror does not submit the required licenses or certificates, the offeror may not be considered for award. Technical acceptability is met when the offeror submits proof of licenses/certificates as required for Technical Supervisor(s), as stated in para 1.6.1 of the PWS.

(i) Technically acceptable proposals will then be evaluated on price and present/past performance.

Initially, offers shall be ranked according to evaluated prices. The price evaluation will be made on the basis of the total price of CLIN x001 (O&M)/x002 (MFH-Passenger type)/x003 (MFH-Freight/Passenger type)/x004 (DODDS) including the corresponding CSLINs under Options. Single award will result from this evaluation. An offeror must therefore propose CLIN x001/x002/x003/x004 including all options (See paragraph (b) below).

(ii) Using Present/past Performance Survey, the Government shall seek performance information on the offerors based on (1) the references provided by the offerors and (2) data independently obtained from governmental and commercial sources. Relevant performance includes performance of efforts involving the requirements as listed under paragraph (a)(vii)A(2) below that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. The Government reserves the right to seek information on higher priced offerors if none of the lower priced offerors received a ―Substantial Confidence‖ performance assessment rating. The purpose of the present/past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, Unknown Confidence as defined in MP5315.3, Table

3 or paragraph (a)(vii)B(1). Present/past performance regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement will not be considered as highly as past performance information for the principal offeror. Offerors with no relevant present/past performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating ―Unknown Confidence‖, meaning the rating is treated neither favorably nor unfavorably.

(iii) In evaluating present/past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

(iv) If the lowest priced evaluated offer is judged to have a ―Substantial Confidence‖ performance rating and is determined to be responsible, that offer represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

(v) In the event that the Government does not make an award pursuant to paragraph (iv) above, the

Government reserves the right to award a contract to other than the lowest priced offer if that offeror is judged to have a performance assessment rating of ―Satisfactory Confidence‖ or lower. In the event, the Source Selection

Authority shall make an integrated assessment best value award decision.

(vi) Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instruction or in paragraph (a)(vii)(A)(1) below. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of present/past performance information) or respond to adverse present/past performance information to which the offeror has not previously had an opportunity to respond. Communication conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserve the right to award a contract without the opportunity for proposal revision.

(vii) The Government intends to award a contract without discussions with respective offerors. The

Government, however, reserves the right to conduct discussions if deemed in its best interest.

A. Present/Past Performance Information: Only references for same or similar type contracts desired. Submit original plus one (1) copy. The response shall consist of (1) Present/Past Performance Reference

List and (2) Present/Past Performance Survey.

Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

(1) Present/Past Performance Reference List: Past Performance Reference List (Solicitation

Attachment # 3) shall be used and submitted from offerors to 374 CONS/LGCBB, by either e-mail

(tomoko.harashima.jp@yokota.af.mil., FAX (042-530-3319 or 011-81-31175-59908), not later than 24 Jun 10) to match the information of Present/Past Performance Survey as required in below paragraph (2). Offeror shall submit the reference list of three (3) contracts performed (on-going or completed) as prime contractor, subcontractor, joint ventures and/or teaming partners of the most relevant contracts (similar in scope, size and complexity) for US

Government agencies, Government of Japan or its political subdivisions, or commercial customers within the last three (3) years of this solicitation release date. Furnish the following information for each reference on the list of contracts information:

1. Name of contracting activity (e.g. Government Agency/Company name)

2. Point of Contact (POC), Contracting Officer and/or Contract Administrator’s phone/FAX number, and e-mail address (if available)

3. Contract number and project title

4. Contract Type (e.g. Firm-Fixed Price, IDIQ, Requirements type)

5. Total contract value

6. Performance period (e.g. date/month/year through date/month/year)

7. Description of contract work performed

8. Contracting Officer’s name and phone number

9. Government Inspector/commercial project manager and phone number

10. List of major subcontractors if applicable

In addition, the offeror may provide information on problems encountered on the contracts identified in

A.(1) above and corrective actions taken to resolve these problems. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk.

(2) Present/Past Performance Survey: The Government requires the Present/Past Performance

Information of the contracts identified in Present/Past Performance Reference List from each contracting activity or commercial activities. The offeror shall send out the Present/Past Performance Survey (See Solicitation Attachment

# 4) to respective Points of Contact (POCs) of contracting activity identified in Present/Past Performance Reference

List. The responsibility to send out the Present/Past Performance Survey rests solely with the offeror – i.e., it shall not be delegated to any other entity. Once the Present/Past Performance Survey is completed by your POCs, the information contained therein shall be considered sensitive and shall not be releasable. Present/Past Performance

Survey shall be sent directly back to 374 CONS/LGCBB from evaluating agencies/companies, not later than 24

Jun 10 by either e-mail (tomoko.harashima.jp@yokota.af.mil) FAX (042-530-3319 or 011-81-31175-59908 from

U.S.). Offerors are responsible for ensuring that their reference sources receive the Present/Past Performance Survey in time to complete and return the Present/Past Performance Survey to 374th Contracting Squadron. No Present/Past

Performance Survey will be accepted directly from the offeror being evaluated. The Government will evaluate the quality and extent of offeror’s experience deemed relevant to the requirements of this solicitation. The Government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess experience.

Relevant Contracts. Submit information on contracts that you consider relevant in demonstrating your ability to perform the proposed effort. Include rationale supporting your assertion of relevance. Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Relevant contracts (similar in scope, size and complexity) may include the work requirement(s) listed in ―Description of

Services under paragraph 1 and Appendix A (Estimated Workload Data) of the PWS‖, summarized as follows:

(i) Perform monthly inspection and preventative maintenance service for all elevators at the Government installations as listed in Appendix A of the PWS, including repair service calls that consist of Routine Calls and Emergency Calls.

(ii) Perform monthly inspection and preventative maintenance service for various types of elevators including repair service calls that consist of Routine Calls and Emergency Calls at other than US Government installations.

B. Past Performance Evaluation:

(1) Based on evaluation results, each offeror will be assigned one of the following ratings:

Rating Description

Substantial

Confidence

Based on the offeror’s performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory

Confidence

Based on the offeror’s performance record, the Government has an expectation that the offeror will successfully perform the required effort.

Limited

Confidence

Based on the offeror’s performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown

Confidence

No performance record is identifiable or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned.

(2) Present/Past performance evaluation will be performed based on the following criteria:

1. Recency: Each contract will be confirmed whether the contract has been completed during the past three (3) years from this solicitation release date, or is currently in progress.

2. Relevancy: A relevancy determination of the offeror's present/past performance as prime contractor, subcontractor, joint ventures, and/or teaming partners will be made. Higher relevancy will be assessed for contracts that are most similar to the effort, or portion of the effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy score for the offeror. The Government is not bound by the offeror's opinion of relevancy. The following relevancy definitions apply:

Very Relevant: Past/present performance effort involved essentially the same scope and size of effort and complexities this solicitation requires.

Relevant: Past/present performance effort involved much of the same or similar scope and size of effort and complexities this solicitation requires.

Somewhat Relevant: Past/present performance effort involved some of the same or similar scope and size of effort and complexities this solicitation requires.

Not Relevant: Past/present performance effort did not involve any of the same or similar scope and size of effort and complexities this solicitation requires.

3. Quality: Quality rating is assigned based on the Quality Rating Criteria evaluated under Paragraph 3.a through 3.k of Past Performance Survey (Solicitation Attachment # 4)

(1) Quality of Work

(2) Timely Performance/Schedule

(3) Effectiveness of Management for Resolution of Issues/Problems/Customer Complaints

(4) Compliance with the Applicable Rules, Regs, Laws, including Safety Standards

(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)

FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

(AUG 2009) (WITH ALTERNATE I (APR 2002))

(Paragraphs (a), (b), (c), (d), (f), (g), (i), (k), (m) and (n) are not applicable to this solicitation due to the non-applicability of FAR 19 and 22.)

(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.

(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12689).

(Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(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…