FA811709R0029.pdf

PDF 113 KB Posted Aug 17, 2009

Attached to: INDICATOR, TEMPERATU
Solicitation number: FA8117-09-R-0029
Issued by: Department of the Air Force Materiel Command Lifecycle Management Center Tinker Air Force Base

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1447-101 STANDARD FORM 1447 (5-88)

Prescribed by GSA FAR (48 CFR 53.215-1(g))

6.SOLICITATION ISSUE DATE

8. THIS ACQUISITION IS

UNRESTRICTED LABOR SURPLUS AREA CONCERNS

SET ASIDE: % FOR COMBINED SMALL BUSINESS &

LABOR SURPLUS AREA CONCERNS

SMALL BUSINESS

NAICS CODE: 336413 SIZE STANDARD: 1,000

DATE SIGNED

28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER

SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Routine Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 30 days.

SEE LINE ITEM SCHEDULE

22.

AMOUNT

16. AUTHORITY FOR USING OTHER THAN 10 USC 2304 41 USC 253

FULL AND OPEN COMPETITION (c) ( ) (c) ( )

DATE SIGNED

27. SIGNATURE OF OFFEROR/CONTRACTOR

20.

UNIT

21.

UNIT PRICE

19.

QUANTITY

13. CONTRACTOR OFFEROR CODE FACILITY CODE

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN * ___ CALENDAR DAYS (60 CALENDAR

DAYS UNLESS OFFEROR INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLK 9

ABOVE, THE CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS

SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS AND

CONDITIONS STATED HEREIN. *30

RATING

DO: A1

3. AWARD/EFFECTIVE DATE

FA8117

2. CONTRACT NO.

CHECK IF REMITTANCE IS DIFFERENT

AND PUT SUCH ADDRESS IN OFFER

17.

ITEM NO.

12. ADMINISTERED BY CODE

Total

SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK: 14 EFT:T

SCD:B

NAME AND TITLE OF SIGNER (TYPE OR PRINT) NAME OF CONTRACTING OFFICER

24. AWARD AMOUNT (FOR GOVT USE ONLY)

23. ACCOUNTING AND APPROPRIATION DATA

SEE SCHEDULE

4. SOLICITATION NUMBER

FA8117-09-R-0029

5. SOLICITATION TYPE

SEALED BIDS NEGOTIATED

(IFB) (RFP)

15. PROMPT PAY DISCOUNT

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES Other Aircraft Part and Auxiliary Equipment Manufacturing

LATE OFFERS ARE SUBJECT TO LATE PROPOSAL PROVISIONS INCORPORATED HEREIN. ALL OFFERS ARE SUBJECT TO SUCH PROVISIONS, REPRESENTATIONS, CERTIFICATIONS AND SPECIFICATIONS AS ARE ATTACHED OR INCORPORATED BY REFERENCE.

SOLICITATION: SEALED OFFERS WILL BE RECEIVED AT THE ISSUING OFFICE UNTIL

31-AUG-2009 3:00PM

18.

SCHEDULE OF SUPPLIES/SERVICES

14. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

7. ISSUED BY CODE

DEPARTMENT OF THE AIR FORCE, TINKER GLSC SCMG

BLDG 3001 SUITE 2AH81A

TINKER AFB OK 73145-3015

BUYER: Geoffrey Craigwell/PKBD geoffrey.craigwell@tinker.af.mil Phone: (405) 739- 5410 Fax: (000) 000-0000 No Collect Calls

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)SOLICITATION/CONTRACT

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27.

SF 1447 (5-88) BACK

NO RESPONSE FOR THE REASONS CHECKED

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include Zip Code)

WE DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF

ITEMS INVOLVED

WE DO

OTHER (Specify)

CANNOT COMPLY WITH SPECIFICATIONS

CANNOT COMPLY WITH SPECIFICATIONS CANNOT MEET DELIVERY REQUIREMENT

FOLD

SOLICITATION NO. FA811709R0029

DUE: 31 AUG 2009 3:00 PM

FROM: AFFIX

STAMP

HERE

TO:

ATTN: Geoffrey Craigwell/PKBD

DEPARTMENT OF THE AIR FORCE, TINKER GLSC SCMG

BLDG 3001 SUITE 2AH81A

TINKER AFB OK 73145-3015

Request for Proposal FA8117-09-R-0029

SUPPLIES OR SERVICES AND PRICES/COSTS

INFO

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

EA Not Separately Priced

Not Separately Priced

NSN: 6685-01-281-6849 AW

INDICATOR,TEMPERATU

Manufacturer Part Number

65092 1834-16LW

Purchase Request(s) PR Line Item(s)

FD20300906525 0001

REPAIR OF TEMP INDICATOR (BASIC FIRST YEAR)

Item No.

0001AA

Firm Fixed Price Quantity U/I Unit Price Amount

31 EA

CLIN ACRN ACRN Total

0001AA AA

NSN: 6685-01-281-6849 AW

INDICATOR,TEMPERATU

Manufacturer Part Number

65092 1834-16LW

Purchase Request(s) PR Line Item(s)

FD20300906525 0001

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

Title Number Date Tailoring

ISO 9001-2000 2000

AS9100 9100

NATO AQAP AQAP 2070

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

B FB2039 ORIGIN

Type / Ship To PACRN Mark For

B FB2039 PAA

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

_ Req No / Pri

REPAIR OF TEMP INDICATOR (BASIC FIRST YEAR)

Required Delivery

B FB2039 31 EA *30 Calendar Days

Proposed Delivery

B FB2039 31 EA

REPAIR -OPTION I (2ND YEAR)

Item No.

0001AB

Firm Fixed Price Quantity U/I Unit Price Amount

12 EA

CLIN ACRN ACRN Total

0001AB AA

NSN: 6685-01-281-6849 AW

INDICATOR,TEMPERATU

Manufacturer Part Number

65092 1834-16LW

Purchase Request(s) PR Line Item(s)

FD20300906525 0001

Limitations of Liability: Other Than High Value Item

Title Number Date Tailoring

ISO 9001-2000 2000

TYPE / SHIP TO CODE F.O.B.

B FB2039 ORIGIN

Type / Ship To PACRN Mark For

B FB2039 PAA

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

_ Req No / Pri

Required Delivery

B FB2039 12 EA *30 Calendar Days

Proposed Delivery

B FB2039 12 EA

2 EACH 30 DAYS ARO AND REPS

REPAIR OF TEMP INDICATOR -OPTION II (3RD YEAR)

Item No.

0001AC

Firm Fixed Price Quantity U/I Unit Price Amount

15 EA

CLIN ACRN ACRN Total

0001AC AA

NSN: 6685-01-281-6849 AW

INDICATOR,TEMPERATU

Manufacturer Part Number

65092 1834-16LW

Purchase Request(s) PR Line Item(s)

FD20300906525 0001

Limitations of Liability: Other Than High Value Item

Title Number Date Tailoring

ISO 9001-2000 2000

TYPE / SHIP TO CODE F.O.B.

B FB2039 ORIGIN

Type / Ship To PACRN Mark For

B FB2039 PAA

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

_ Req No / Pri

Required Delivery

B FB2039 15 EA *30 Calendar Days

Proposed Delivery

B FB2039 15 EA

REPAIR -OPTION III (4TH YEAR)

0001AD

Firm Fixed Price Quantity U/I Unit Price Amount

REPAIR -OPTION III (4TH YEAR)

16 EA

CLIN ACRN ACRN Total

0001AD AA

NSN: 6685-01-281-6849 AW

INDICATOR,TEMPERATU

Manufacturer Part Number

65092 1834-16LW

Purchase Request(s) PR Line Item(s)

FD20300906525 0001

Limitations of Liability: Other Than High Value Item

Title Number Date Tailoring

ISO 9001-2000 2000

TYPE / SHIP TO CODE F.O.B.

B FB2039 ORIGIN

Type / Ship To PACRN Mark For

B FB2039 PAA

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

_ Req No / Pri

Required Delivery

B FB2039 16 EA *30 Calendar Days

Proposed Delivery

B FB2039 16 EA

REPAIR OF TEMP INDICATOR -OPTION 1V (5TH YEAR)

0001AE

Firm Fixed Price Quantity U/I Unit Price Amount

17 EA

CLIN ACRN ACRN Total

0001AE AA

NSN: 6685-01-281-6849 AW

INDICATOR,TEMPERATU

Manufacturer Part Number

REPAIR OF TEMP INDICATOR -OPTION 1V (5TH YEAR)

65092 1834-16LW

Purchase Request(s) PR Line Item(s)

FD20300906525 0001

Limitations of Liability: Other Than High Value Item

Title Number Date Tailoring

ISO 9001-2000 2000

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

B FB2039 ORIGIN

Type / Ship To PACRN Mark For

B FB2039 PAA

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

_ Req No / Pri

Required Delivery

B FB2039 17 EA *30 Calendar Days

Proposed Delivery

B FB2039 17 EA

2 EA 30 DAYS ARO AND REPS

DATA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

NSN: 6685-01-281-6949 AW

TEMP INDICATOR

Manufacturer Part Number

65092 1834-16LW

Purchase Request(s) PR Line Item(s)

FD20300906525 0002

OVER AND ABOVE

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

NSN: 6685-01-281-6849 AW

INDICATOR,TEMPERATU

Manufacturer Part Number

65092 1834-16LW

Purchase Request(s) PR Line Item(s)

FD20300906525 0003

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: B FB2039

Tinker AFB Central Receiving 7401 Arnold Street Bldg 506 Door 22 Tinker AFB OK 73145-9013 United States

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

CONTRACT CLAUSES

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2009)

(IAW FAR 12.301(b)(4))

(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.] __ __ (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 (Dec 2008) (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. 111-15).

__ __ (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 (July 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).

__ __ (8) (ii) Alternate I (Oct 1995) of 52.219-6.

__ __ (8) (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).

__ __ (9) (ii) Alternate I (Oct 1995) of 52.219-7 __ __ (9) (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)). (In accordance with DDP Memo dated 12 Feb 2009, DAR Tracking Number 2008-O0008, Class Deviation – Electronic Subcontracting Reporting System, 52.219-9 (DEVIATION) applies when subcontracts are not required to be reported in FPDS, orders against BOAs and BPAs, and purchase orders issued under the Test Program for Certain Commercial Items at FAR 13.5.)

__ __ (11) (ii) Alternate I (Oct 2001) of 52.219-9.

__ __ (11) (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). (In accordance with DDP Memo dated 11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 12 March 2010.)

__ __ (14) (ii) Alternate I (June 2003) of 52.219-23. (In accordance with DDP Memo dated

11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 12 March 2010.)

__ __ (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)(15 U.S.C. 657 f).

__X __ (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).

__X __ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb

2008)(E.O. 13126).

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

__X __ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

__ __ (23) 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).

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

__ __ (27) 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.) (Not applicable until 8 Sep 2009 per FAC 2005-29, Amendment 4, published 5 Jun 2009.)

__ __ (28) (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.)

__ __ (28) (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.)

(29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b).

(30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

(30) (ii) Alternate I, (Dec 2007) of 52.223-16.

__ __ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

__ __ (32) (i) 52.225-3, Buy American Act--Free Trade Agreement--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, 1108-302, 109-53, 109-169, 109-283, and 110-138).

__ __ (32) (ii) Alternate I (Jan 2004) of 52.225-3.

__ __ (32) (iii) Alternate II (Jan 2004) of 52.225-3.

__ __ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___X __ (34) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

__ __ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C.

5150).

__ __ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__ __ (37) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 522(f), 10 U.S.C. 2307(f)).

__ __ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

__X __ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor

Registration (Oct 2003)(31.U.S.C. 3332).

__ __ (40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central

Contractor Registration (May 1999)(31.U.S.C. 3332).

__ __ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

__ __ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__ __ (43) (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).

__ _ (43) (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.] __X __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

__X __ (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) (Nov 2006)(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 (Feb 2002)(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 paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (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 (Jun 1998) (29 U.S.C. 793).

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

(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 paragraphs (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.

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

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS (JUL 2009)

(IAW DFARS 212.301(f)(iii))

(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 provision of law applicable to acquisitions of commercial items or components.

__ __ 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.

__X __ (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). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7003 dated Feb 2009)

__ __ (4) 252.219-7004 Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C.

637 note). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7004 dated Feb 2009)

__ __ (5) 252.225-7001 Buy American Act and Balance of Payment Program (JAN 2009) (41 U.S.C.

10a-10d, E.O. 10582).

__ __ (6) 252.225-7012 Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).

__ __ (7) 252.225-7014 Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

(DAR Tracking # 2008-O0002 specifies use of class deviation 252.225-7014 dated Jan 2008)

__ __ (8) 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

__ __ (9) 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (JUN 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

__ __ (10) 252.225-7021 Trade Agreements (NOV 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

__ __ (11) 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22

U.S.C. 2779).

__ __ (12) 252.225-7028 Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22

U.S.C. 2755).

__ _ (13)(i) 252.225-7036 Buy American Act--Free Trade Agreements--Balance of Payments Program

(JAN 2009).

__ __ (13)(ii) 252.225-7036 Alternate I (OCT 2006) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

__ _ (14) 252.225-7038 Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

__ __ (15) 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).

__ __ (16) 252.227-7015 Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

__ __ (17) 252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C.

2321).

_ X __ (18) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (MAR

2008) (10 U.S.C. 2227).

_ __ (19) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006)

(Section 1092 of Pub. L. 108-375) __ __ (20) 252.243-7002 Requests For Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

__X __ (21)(i) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) __ __ (21)(ii) 252.247-7023 Alternate I (MAR 2000) __ __ (21)(iii) 252.247-7023 Alternate II (MAR 2000) __X __ (21)(iv) 252.247-7023 Alternate III (MAY 2002) (10 U.S.C. 2631).

__ __ (22) 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) 252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).

(Applicable over $100,000 when requiring the delivery for one of the following major programs, of an article containing specialty metals: (i) aircraft; (ii) missile and space systems; (iii) ships; (iv) tank-automotive; (v) weapons; (vi) ammunition, unless a waiver under a memorandum of understanding applies) (DAR Tracking # 2008-O0002 specifies use of class deviation 252.225-7014 Alternate I dated Jan 2008)

(2) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375)

(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).

ADDENDUM TO CLAUSE 52.212-4

5352.201-9101 OMBUDSMAN (AUG 2005)

(IAW AFFARS 5301.9103)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, OC-ALC/PKC at 405 736 -3273 , FAX 000 000 -0000 , email . Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(JAN 2009)

(IAW DFARS 203.970)

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2))

(a) The Government requires delivery to be made according to the following schedule:

DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE

ITEM.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

ANNOTATE YOUR PROPOSED DELIVERY, IF ANY, UNDER THE GOVERNMENT’S DELIVERY SET FORTH

UNDER EACH ITEM IN THE SCHEDULE.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)

(IAW DFARS 211.274-5(a), DFARS 212.301(f)(vi))

(a) Definitions. As used in this clause—

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.html .

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html .

(1) The Contractor shall provide a unique item identifier for the following:

(i) All delivered items for which the Government’s unit acquisition cost is $5,000 or more.

(ii) The following items for which the Government’s unit acquisition cost is less than $5,000:

Contract Line, Subline, or Exhibit Line Item Number

Item Description

*Items less than $5000, which require UID, will be specifically identified in the schedule.

See Schedule as Applicable

(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number (See Schedule as Applicable).

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html .

THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (b)(18):

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

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _____________ assigned to contract number ______________________________.

[Contractor to sign and date and insert authorized signer's name and title].

THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (c)(2):

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage Fringe Benefits

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003)

(IAW DFARS 225.1101(3))

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

(IAW FAR 32.705-1(a))

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

(IAW FAR 32.705-1(b)) Funds are not presently available for performance under this contract beyond 00 - FN-F32E03-FUNDS########### -0000 . No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 00 -*** -0000 , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(IAW DFARS 232.7102)

ACCOUNTING AND APPROPRIATION DATA (AUG 1998)

Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable

AA TO BE CITED ON EACH INDIVIDUAL ORDER $0.00

ACRN TOTAL $ 0.00

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FEB 1999)

(IAW FAR 46.311, DFARS 246.202-4(1))

The Contractor shall comply with the higher-level quality standard selected below. [If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.]*

Title Number Date Tailoring *See Individual Line Item Schedule

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(IAW FAR 46.316)

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(IAW DFARS 246.370)

INSPECTION AND ACCEPTANCE (SEP 1999)

(IAW FAR 46.401(b), FAR 46.503) Government Contract Quality Assurance Inspection and Acceptance will be at (Final):

[CONTRACTOR FILL-IN]

Item No(s): See schedule for items with the following code(s) listed below :

Inspection Code and Address:

52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

(IAW FAR 47.104-4(a), FAR 47.104-4(b))

52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)

(IAW FAR 47.303-2(c))

52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY

(JUN 2003)

(IAW FAR 47.305-12(a)(2))

52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)

(IAW FAR 47.303-17(f))

5352.247-9000 COMMERCIAL BILL OF LADING SHIPMENTS - CARRIER'S RATES (AFMC)

(OCT 2008)

(IAW AFMCFARS 5347.104-4(90))

5352.247-9005 SHIPPING CONTAINER MARKING (AFMC) (MAR 2003)

(IAW AFMCFARS 5347.305-10(a)(91), AFMCFARS 5347.305-10(a)(93), AFMCFARS 5347.305-10(a)(94), AFMCFARS 5347.305-10(a)(95))

All shipping containers shall be marked meeting the following criteria:

(a) MIL-STD-129 P , Standard Practice for Military Marking.

(b) Bar code format shall conform to bar code symbology Format 3 of 9, Code 39 as specified in MIL-STD-129 P .

(c) Additional marking and/or bar coding requirements exceeding those of MIL-STD-129 P , e.g., unit serial numbers, original equipment manufacturer’s (OEM) name, or OEM model number, as specified on the AFMC Form 158:

PACRN(s) Applicable to 5352.247-9005

Additional Bar Coding or Marking Requirements (if applicable)

PAA Not Applicable

5352.247-9009 MILITARY PACKAGING AND MARKING (AFMC) (AUG 2002)

(IAW AFMCFARS 5347.305-10(a)(95)) Items shall be packaged in accordance with MIL-STD-2073-1 D , Standard Practice for Military Packaging. Shipping and storage markings shall be in accordance with MIL-STD-129 P , Standard Practice for Military Marking.

The MIL-STD-2073-1 SPI/Specification is as follows:

PACRN PRESERVATION

LVL

PACKING

LVL

QUP SPI NUMBER SPI

REVISION

SPI DATE

PAA MIL B 001 F000003XC6 5NOV1991

PACRN SUPPLEMENTAL PACKAGING

PAA ITEM NO:0002 & 0003 NO PACKAGING REQUIREMENTS

5352.247-9017 F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY (AFMC)

(OCT 2008)

(IAW AFMCFARS 5347.305-12(a)(90))

The f.o.b. point for delivery of Government-furnished property, as defined in FAR 52.247-55, F.o.b. Point for Delivery of Government-Furnished Property, shall be:

Item No F.O.B. Point Location [CONTRACTOR FILL-IN]

F.O.B. ORIGIN (OCT 1993)

(IAW FAR 47.305(b)) Any supply item applicable to this document shall be delivered F.O.B. at:

F.O.B. Address:

[CONTRACTOR FILL-IN]

WOODEN LUMBER, WOODEN PALLET AND PACKAGING/CONTAINER STATEMENT

(FEB 2007)

(IAW AFMC FORM 158)

All wooden lumber, wooden pallets, and wooden containers produced entirely or in part of solid wood packing material (SWPM) shall be constructed from heat-treated (HT) material (HT 56 degrees centigrade or 133 degrees Fahrenheit for 30 minutes). Certification/marking is required by an accredited agency recognized by the American Lumber Standards Committee (ALSC). For reference documentation, see “International Standards for Phytosanitary Measures (ISPM) No. 15.” This document can be found at www.ippc.int .

LIST OF DOCUMENTS, EXHIBITS OR ATTACHMENTS

Form Number Description/File Name Date Number of Pages APPA6525.docx 11MAR2009 6

APPC6525.doc 13MAR2009 3

DID06525.pdf 10AUG2007 2

DID6525B.pdf 5 techpkg6525.pdf 12MAR2009 2

TRANS6525.pdf 1

SOLICITATION PROVISIONS

REPRESENTATIONS, INSTRUCTIONS AND EVALUATIONS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(IAW FAR 4.1202)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _____________ [insert NAICS code].

(2) The small business size standard is _________________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

__ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small

Business Competitiveness Demonstration Program.

(iii) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

X __ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain

Services--Certification.

__ (vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for

EPA-Designated Products (Alternate I only).

__ (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

(ix) 52.227-6, Royalty Information.

__(A) Basic.

__ (B) Alternate I.

__(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(JUL 2009)

(IAW FAR 12.301(b)(2))

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision— "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor“ means all work or service--

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

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

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

(9) FSC 9620,…

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