FA8201-08-R-0040.rtf

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FA8201-08-R-0040

Section SF 1449 - CONTINUATION SHEET

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Months

CLIN In Support of Task 1

FFP

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 1 in accordance with the Performance Work Statement dated 22 May 2008 FOB: Destination

SIGNAL CODE: A

NET AMT

ESTIMATED QUANTITY

UNIT

UNIT PRICE

AMOUNT

1,200 Hours

CLIN In Support of Task 2

LH

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 2 in accordance with the Performance Work Statement dated 22 May 2008

TOT ESTIMATED PRICE

CEILING PRICE

QUANTITY

UNIT

UNIT PRICE

AMOUNT

CLIN In Support of Task 3

FFP

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 3 in accordance with the Performance Work Statement dated 22 May 2008

ESTIMATED QUANTITY

UNIT

UNIT PRICE

AMOUNT

CLIN In Support of Task 4

LH

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 4 in accordance with the Performance Work Statement dated 22 May 2008

TOT ESTIMATED PRICE

CEILING PRICE

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Lot

Travel In Support of HMMS

COST

Travel - Contractor to travel in support of the above items. Travel expense to include: Air Fare (14 day advance purchase/coach); Lodging - NTE suggested JTR rate for TDY location; Rental Car - Economy NOTE: Exact cost must be negotiated with the ACO prior to travel supported by receipts. No profit to be paid.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

OPTION

FFP

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 1 in accordance with the Performance Work Statement dated 22 May 2008

ESTIMATED QUANTITY

UNIT

UNIT PRICE

AMOUNT

LH

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 2 in accordance with the Performance Work Statement dated 22 May 2008

TOT ESTIMATED PRICE

CEILING PRICE

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 3 in accordance with the Performance Work Statement dated 22 May 2008

ESTIMATED QUANTITY

UNIT

UNIT PRICE

AMOUNT

LH

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 4 in accordance with the Performance Work Statement dated 22 May 2008

TOT ESTIMATED PRICE

CEILING PRICE

QUANTITY

UNIT

UNIT PRICE

COST

Travel - Contractor to travel in support of the above items. Travel expense to include: Air Fare (14 day advance purchase/coach); Lodging - NTE suggested JTR rate for TDY location; Rental Car - Economy NOTE: Exact cost must be negotiated with the ACO prior to travel supported by receipts. No profit to be paid.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 1 in accordance with the Performance Work Statement dated 22 May 2008

ESTIMATED QUANTITY

UNIT

UNIT PRICE

AMOUNT

LH

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 2 in accordance with the Performance Work Statement dated 22 May 2008

TOT ESTIMATED PRICE

CEILING PRICE

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 3 in accordance with the Performance Work Statement dated 22 May 2008

ESTIMATED QUANTITY

UNIT

UNIT PRICE

AMOUNT

LH

Contractor to accomplish the task of deployment, implementation and integration support for the Air Munitions Storage Management System (D023K). Contractor to furnish management, labor, technical support in support of Task 4 in accordance with the Performance Work Statement dated 22 May 2008

TOT ESTIMATED PRICE

CEILING PRICE

QUANTITY

UNIT

UNIT PRICE

COST

Travel - Contractor to travel in support of the above items. Travel expense to include: Air Fare (14 day advance purchase/coach); Lodging - NTE suggested JTR rate for TDY location; Rental Car - Economy NOTE: Exact cost must be negotiated with the ACO prior to travel supported by receipts. No profit to be paid.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN

INSPECT AT

INSPECT BY

ACCEPT AT

ACCEPT BY

Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government

DELIVERY INFORMATION

CLIN

DELIVERY DATE

QUANTITY

SHIP TO ADDRESS

UIC

POP 01-SEP-2008 TO

31-AUG-2009

N/A

OO-ALC/ITB

LUTIA BARBER

7920 GEORGIA ST BLDG 1146

HILL AFB UT 84056

801-775-6369

F2DCCR

31-AUG-2009

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2009

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2009

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2009

N/A

(SAME AS PREVIOUS LOCATION)

POP 01-SEP-2009 TO

31-AUG-2010

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2010

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2010

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2010

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2010

N/A

(SAME AS PREVIOUS LOCATION)

POP 01-SEP-2010 TO

31-AUG-2011

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2011

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2011

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2011

N/A

(SAME AS PREVIOUS LOCATION)

31-AUG-2011

N/A

(SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

AUG 2000

52.204-9 Personal Identity Verification of Contractor Personnel

SEP 2007

52.212-1 Instructions to Offerors--Commercial Items

APR 2008

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (Nov 2007) Alternate I

APR 2002

52.212-4 Contract Terms and Conditions--Commercial Items

FEB 2007

52.212-4 Alt I Contract Terms and Conditions--Commercial Items (Feb 2007)

FEB 2007

52.216-11 Cost Contract--No Fee

APR 1984

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements--Commercial Item Acquisition

FEB 2007

52.217-5 Evaluation Of Options

JUL 1990

52.219-14 Limitations On Subcontracting

DEC 1996

52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

MAY 2004

52.222-3 Convict Labor

JUN 2003

52.222-21 Prohibition Of Segregated Facilities

FEB 1999

52.222-37 Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-46 Evaluation Of Compensation For Professional Employees

FEB 1993

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

AUG 2003

52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

DEC 2007

52.225-13 Restrictions on Certain Foreign Purchases

FEB 2006

52.228-5 Insurance - Work On A Government Installation

JAN 1997

52.228-7 Insurance--Liability To Third Persons

MAR 1996

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration

OCT 2003

52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I

JUN 1985

52.242-13 Bankruptcy

JUL 1995

52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I

APR 1984

52.246-5 Inspection Of Services Cost-Reimbursement

APR 1984

52.246-6 Inspection--Time-And-Material And Labor-Hour

MAY 2001

52.249-6 Termination (Cost Reimbursement)

MAY 2004

52.249-6 Alt IV Termination (Cost Reimbursement) (May 2004) - Alternate IV

SEP 1996

52.249-14 Excusable Delays

APR 1984

52.253-1 Computer Generated Forms

JAN 1991

252.204-7003 Control Of Government Personnel Work Product

APR 1992

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

SEP 2007

252.205-7000 Provision Of Information To Cooperative Agreement Holders

DEC 1991

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

OCT 2006

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials

APR 1993

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

252.232-7010 Levies on Contract Payments

DEC 2006

252.239-7001 Information Assurance Contractor Training and Certification

JAN 2008

252.243-7001 Pricing Of Contract Modifications

DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

ADDENDUM TO 52.212-1

Instructions to Offerors

1.1 POINT OF CONTACT

The contract specialist is the point of contact for this acquisition. When addressing questions concerning any aspect of the solicitation, state the page number, section, and paragraph number needing clarification. Offerors may submit questions to the following address or fax number:

6038 Aspen Ave, Bldg 1289NE Hill AFB, UT 84056-5805

No Information concerning this solicitation or request for clarification will be provided in response to telephone calls from the offerors. Written inquirires/questions will be answered in writing and provided to all offerors. All inquiries/questions must be submitted no later than 7 Calendar days prior to the date of submission of offers as specified in the solicitation to allow sufficient time for the Government to prepare a response. LATE INQUIRIES/QUESTIONS WILL NOT BE ENTERTAINED.

Telegraphic/ Facsimile responses will not be considered

1.2 DEBRIEFINGS

All offerors may request debriefings by providing a written request to the Contracting Officer (CO) within three (3) calendar days after receiving notification from the CO of elimination from the competitive range or award of contract at the following address:

6038 Aspen Ave, Bldg 1289NE Hill AFB, UT 84056-5805

To the maximum extent possible, debriefings will be conducted within 5 days of the debriefing request.

1.3 DISCREPANCIES

If an offeror believes that the requirements in these instructions contain an error or omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale but also see paragraph 1.1.b.

1.4 GENERAL INFORMATION AND INSTRUCTIONS FOR PREPARATION OF PROPOSALS

This section of the Instructions to Offerors (ITO) provides general guidance for preparing proposals as well as specific instuctions on the format and content of the proposal. The Offeror’s proposal must include all data and information requested by the ITO and must be submitted in accordance with these instructions. The proposal must be compliant with the requirements as stated in the Performance Work Statement (PWS). Non-conformance with the ITO may result in an unfavorable proposal evaluation. The proposal must be clear and concise, and must include sufficient detail for effective evaluation. Offeror shall assume that the Government has no prior knowledge of their experience, and will base its evaluation on the information presented in the offeror’s proposal.

The Government reserves the right to revise or amend the solicitation prior to the proposal closing time. Such revisions or amendments will be communicated by formal amendment (Standard Form 30) to this Request for Proposal. If such amendments require changes in quantities or prices, the proposal closing date may be postponed by enough days to enable offeror to revise their proposals. In such cases, the amendment will include an announcement of the new proposal closing date and time.

Proposal shall contain (at the minimum): (I)the technical capabilities of the company, management plan; (II) at least three (3) past performance references; (III) Price proposal.

As soon as practicable, Offerors shall complete the Performance Questionnaire Letter (Attachment 6) and e-mail it with the Past Performance Questionnaire (Attachment 5) to all points of contact (POCs) the Offeror has listed in the Past Performance Information Sheet(s) (Attachment 2). The POCs will complete the questionnaires and forward them by FAX or e-mail, directly to the Performance Confidence Assessment Group (PCAG). FAX copies to 801-777-0632 (Attn: Esteban Bedoya/Dao Kooamphorn). RESPONDENTS TO THE QUESTIONNAIRES SHALL NOT SEND THE COMPLETED INFORMATION SHEETS BACK TO THE OFFEROR. Offerors shall not follow-up with respondents to ensure they have completed the questionnaires. The PCAG will conduct such follow-up with any POC as necessary.

52.212-1(c) is hereby tailored to read as follows:

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

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

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

Technical Proposal Past Performance Price

Technical and past performance, when combined, are slightly more important than price, and will be awarded on a Performance/Price Trade Off basis.

Award will be made to the offeror proposing the combination most advantageous to the Government based upon an integrated assessment of the evaluation factors and subfactors described below.

The Technical Proposal must be in sufficient detail to demonstrate a thorough understanding of the requirements set forth in this solicitation. The offerors must convincingly and substantively describe their approach to fulfilling the stipulations of the contract, and be complete. The proposal shall contain and address the considerations delineated in the following paragraphs:

Factor: Technical

Subfactor: Support Services.

(Ref PWS paragraph 1.1 – 1.4) - The offerors shall document their ability to provide the services requested and support services for Hazardous Material Management support (based on PWS).

Sub-factor: Management

(Reference PWS paragraph 1.1 – 1.4, including all subparagraphs) - The offerors shall submit a management plan describing how they plan to manage the contract, including subcontractors.

The Government will evaluate each offeror’s management methods based on the offeror’s description of how the offeror plans to manage the services requested. The offerors’ management team must have sufficiently qualified personnel and capability to thoroughly evaluate technical proposals. The Government will evaluate each offeror’s plan to recruit and retain key management personnel. The offerors shall identify the “core” management team functions that shall be implemented at award to facilitate a smooth transition to the new contract.

Technical Evaluation will be PASS/FAIL.

Factor: Past Performance

Past performance relating to Technical Factors listed above

Areas of relevance are defined as those contracts that deal with services that are the same or similar in scope and magnitud as those required by this solicitation. When assessing the past performance, the Government will focus its inquiry on the past performance of the offeror and its proposed major subcontractors as it relates to all solicitation requirements. These requirements include all aspects of schedule, performance and supportability, including the offeror’s record of:

1) demonstrated technical performance;

2) adherence to contract schedules and task orders, including the administrative aspects of performance;

3) ability to resolve technical problems quickly and effectively;

4) quality of product delivered as reflected by returns of product to the vendor for repair;

5) business-like concern for the interest of its customers

6) management of multiple tasks and uncertain requirements and

7) management of multiple subcontractor efforts providing integrated complex technical requirements. .

A significant achievement, problem or lack of relevant data in any element of the work can become an important consideration in the source selection process. A negative finding under any element may result in an overall no confidence rating. Therefore, offerors are reminded to include all relevant past efforts, including demonstrated corrective actions, in their proposal. For purposes of this solicitation past performance is based solely upon the quality of the offeror’s record of past performance. Lack of identifiable/relevant performance record may result in a neutral rating having no positive or negative evaluation significance.

Offerors are cautioned that in conducting the past performance assessment, the Government may use data provided in the offeror’s proposal and data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the offerors, it is incumbent upon the offeror to explain the relevance of the data provided. The Government does not assume the duty to search for data to cure problems found in proposals. The burden of demonstrating the quality of past performance remains with the offerors. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of proving low performance risks rests with the offerors.

Method of Assessment (Past Performance):

In assessing Performance Confidence, the PCAG will perform an independent determination of the relevancy of the past performance information obtained. In considering how relevant an offeror's present or recent past performance history is to the instant acquisition, the PCAG may assign relevance ratings or categories, such as the following (tailor to fit the circumstances of your acquisition):

The PCAG may consider the relevancy of an offeror's performance in aggregate, in addition to on an effort-by-effort basis. For example, an offeror's work on three recent past efforts may represent only "Somewhat-Relevant" effort. However, if all three efforts are/were performed concurrently (in part or in whole) and are assessed in aggregate, the work may more accurately reflect a "Very Relevant" effort. This approach may be applicable on large, combined services acquisitions where no single prior contract includes all functional areas being acquired.

Recency of the past performance are contracts/subcontracts awarded within the last 5 years from the date of proposal submission.

Performance Confidence Assessment. In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings in TABLE 3 below.

TABLE 3- PERFORMANCE CONFIDENCE ASSESSMENTS

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 sparse that no confidence assessment rating can be reasonably assigned

Factor: Price

All CLINs/SLINs must be completed by the offeror for all contract years. The Price shall address all of the requirements contained in the solicitation in a thorough and detailed manner, so as to permit a clear understanding of the offerors' Price Proposal. No “notes,” “terms and conditions,” “stipulations,” “caveats” or “no bid” are allowed. The entry of “a dollar amount”, “not separately priced” (NSP), and “0 dollars” may be used. NSP and “0 dollars” are not the same and shall be fully explained. If NSP is used, identify where (part number) the linked item is located in the proposal.

(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 clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2008) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the 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 the 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 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.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) 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) 52.219-8, 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 $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 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).

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

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

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

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)) flow down required for all subcontracts subject to the Service Contract Act of 1965 (41U.S.C. 351, et seq.).

(viii) 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.)

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements ``(Nov 2007)'' (41 U.S.C. 351, et seq.)

(x) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 1997)—ALTERNATE IV (OCT 1997)

(a) Submission of cost or pricing data is not required.

(b) Provide information described below: [Insert description of the information and the format that are required, including access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.]

(End of clause

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to expiration of contract.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years and 6 months.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) - ALTERNATE I (APR 2002)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541618 (insert NAICS code).

(2) The small business size standard is $6.0 M (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) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

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

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

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

(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

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

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

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(7) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls:

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(c) Definitions. As used in this provision--

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; or

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

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)

(a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-1, Small Business Program Representation.

(b) Representations.

(1) General. The offeror represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either--

___ (i) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and

(A) No material change in disadvantaged ownership and control has occurred since its certification;

(B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(C) It is identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration(PRO0Net); or

___ (ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(2)___ For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.]

(c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of securing a contract or subcontract shall:

(1) Be punished by imposition of a fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Small Business Act.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

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

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

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

(3) For long-term contracts--

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

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

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(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).

52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEBRUARY 2001)

(a) Definition.

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

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

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

(b) Listed end products. The following end product(s) being acquired under this solicitation is (are) included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their country of origin. There is a reasonable basis to believe that listed endproducts from the listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor.

Listed End Product

Listed Countries of Origin

(c) Certification. The Government will not make award to an offeror unless the offeror, by checking the appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision.

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

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

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

Funds are not presently available for performance under this contract beyond 31 Aug 2009 . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 31 Aug 2009, 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.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from 75 CONS/PKA Attn: Dao Kooamphorn 6038 Aspen Ave, Bldg 1289NE Hill AFB UT, 84056-5805

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

52.244-2 SUBCONTRACTS (JUN 2007)

Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).

Consent to subcontract means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract.

Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

purchase orders.

(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.

(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that—

(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) Is fixed-price and exceeds—

(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or

(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.

(d) If the Contractor has an approved purchasing system, the Contractor nevertheless…