BoggsJudges1118Vol3of3.pdf

PROPERTY OF THE UNITED STATES GOVERNMENT COPYING, DISSEMINATION, OR DISTRIBUTION OF

THESE DRAWINGS, PLANS, OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED

Do not remove this notice Properly destroy documents when no longer needed

SOLICITATION FOR OFFERS

SOLICITATION NUMBER: GS-03P-09-AZ-D-0044

PROJECT TITLE: JUDGES’ ELEVATOR UPGRADES AND

PREVENTIVE MAINTENANCE

LOCATION: J. CALEB BOGGS U.S. COURTHOUSE

844 NORTH KING STREET

WILMINGTON, DE 19801

THIS PROCUREMENT IS BEING SOLICITED FULL AND OPEN WITHOUT RESTRICTIONS

VOLUME III of III: PROPOSAL FORMS

REQUEST FOR PROPOSAL DUE JULY 24, 2009

DATE and TIME 2:00 PM Local Time

SUBMIT PROPOSAL TO: U. S. GENERAL SERVICES ADMINISTRATION

WILMINGTON OFFICE

J. CALEB BOGGS U.S. COURTHOUSE

844 N. KING STREET, RM 1219, LOCK BOX 45

ATTN: BRENDA HAYWOOD

WILMINGTON, DE 19801-3519

PROPERTY OF THE UNITED STATES GOVERNMENT COPYING, DISSEMINATION, OR DISTRIBUTION OF

THESE DRAWINGS, PLANS, OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED

Do not remove this notice Properly destroy documents when no longer needed

Project Title: Judges’ Elevator Upgrades J. Caleb Boggs U.S. Courthouse Wilmington, DE

Solicitation No.: GS-03P-09-AZ-D-0044

TABLE OF CONTENTS

VOLUME III OF III - PROPOSAL FORMS

TITLE

SOLICITATION, OFFER AND AWARD STANDARD FORM 1442

SOLICITATION PROVISIONS GSA FORM 3502

REPRESENTATIONS AND CERTIFICATIONS GSA FORM 3503

BID BOND STANDARD FORM 24

NOTICE TO PROSPECTIVE BIDDERS

CONTRACTOR’S QUALIFICATIONS AND

FINANCIAL INFORMATION GSA FORM 527

CONTRACTOR RESPONSIBILITY QUESTIONNAIRE

SERVICE CONTRACT CONTRACTOR’S REFERENCES

SERVICE CONTRACT MECHANICAL RESUME FORMAT

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

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See Attached

6. PROJECT PLAN

OFFER (Must be fully completed by offeror)

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AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

AWARD (To be completed by Government)

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CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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VOLUME I OF III – TECHNICAL PROPOSAL REQUIREMENTS

VOLUME II OF III – MAINTENANCE TERMS AND CONDITIONS

VOLUME III OF III – PROPOSAL FORMS

DESCRIPTION: JUDGES’ ELEVATOR UPGRADES AND PREVENTIVE MAINTENANCE AT THE

J. CALEB BOGGS U.S. COURTHOUSE, 844 N. KING ST., WILMINGTON, DE

ESTIMATED COST RANGE BETWEEN: $100,000.00 and $250,000.00

THIS PROCUREMENT IS BEING SOLICITED UNRESTRICTED UNDER THE SMALL BUSINESS

COMPETITIVENESS DEMONSTRATION PROGRAM PERSUANT TO 41 U.S.C. 253(c)(5) AND 15 U.S.C. 644).

OFFER SHEET (ATTACHMENT TO STANDARD FORM 1442)

SOLICITATION NO. GS-03P-09-AZ-D-0044

Judges’ Elevator Upgrades at the J. Caleb Boggs U.S. Courthouse, 844 N. King St., Wilmington, DE

BASE OFFER PRICE:

0001: Provide a Lump Sum price to construct the elevator upgrades to the Judges’ Elevator No. 5 in accordance to the solicitation documents.

$_______________________(LUMP SUM)

0002: Provide a price per month for preventive maintenance services for the 12 month period immediately following acceptance of the judges’ elevator upgrades.

$___________per/Mo x 12 months = $_________________

0002A: Provide a price PER HOUR for overtime call-back service, as described in Appendix B (Section C, Part 14) for Mechanic $___________________per/hr.

0002B: Provide a price PER HOUR for overtime call-back service, as described in Appendix B (Section C, Part 14) for Mechanic’s Helper $___________________per/hr.

0002C: Provide a price PER HOUR for minor repairs, as described in Appendix B (Section C, Part 13) for Mechanic $___________________per/hr.

0002D: Provide a price PER HOUR for minor repairs, as described in Appendix B (Section C, Part 13) for Mechanic’s Helper $___________________per/hr.

NOTE: 0002A-0002D will be used to evaluate the offer price. However, the contract award will not include these unit prices, since these unit prices will only be used as these services are needed.

OPTION PERIODS:

0003: Option Period 1 – Provide a price per month for 12 months of preventive maintenance service following the base period.

$___________per/Mo x 12 months = $______________________________.

0002A: Provide a price PER HOUR for overtime call-back service, as described in Appendix B (Section C, Part 14) for Mechanic $___________________per/hr.

0002B: Provide a price PER HOUR for overtime call-back service, as described in Appendix B (Section C, Part 14) for Mechanic’s Helper $________________per/hr.

OFFER SHEET (ATTACHMENT TO STANDARD FORM 1442)

SOLICITATION NO. GS-03P-09-AZ-D-0044

Judges’ Elevator Upgrades at the J. Caleb Boggs U.S. Courthouse, 844 N. King St., Wilmington, DE

0002C: Provide a price PER HOUR for minor repairs, as described in Appendix B (Section C, Part 13) for Mechanic $___________________per/hr.

0002D: Provide a price PER HOUR for minor repairs, as described in Appendix B (Section C, Part 13) for Mechanic’s Helper $___________________per/hr.

OFFER SHEET (ATTACHMENT TO STANDARD FORM 1442)

0004: Option Period 2 – Provide a price per month for 12 months of preventive maintenance service following Option Period 1.

$___________per/Mo x 12 months = $______________________________.

0004A: Provide a price PER HOUR for overtime call-back service, as described in Appendix B (Section C, Part 14) for Mechanic $___________________per/hr.

0004B: Provide a price PER HOUR for overtime call-back service, as described in Appendix B (Section C, Part 14) for Mechanic’s Helper $________________per/hr.

0004C: Provide a price PER HOUR for minor repairs, as described in Appendix B (Section C, Part 13) for Mechanic $___________________per/hr.

0004D: Provide a price PER HOUR for minor repairs, as described in Appendix B (Section C, Part 13) for Mechanic’s Helper $___________________per/hr.

0005: Option Period 3 – Provide a price per month for 12 months of preventive maintenance service following Option Period 2.

$___________per/Mo x 12 months = $______________________________.

0005A: Provide a price PER HOUR for overtime call-back service, as described in Appendix B (Section C, Part 14) for Mechanic $___________________per/hr.

0005B: Provide a price PER HOUR for overtime call-back service, as described in Appendix B (Section C, Part 14) for Mechanic’s Helper $________________per/hr.

0005C: Provide a price PER HOUR for minor repairs, as described in Appendix B (Section C, Part 13) for Mechanic $___________________per/hr.

0005D: Provide a price PER HOUR for minor repairs, as described in Appendix B (Section C, Part 13) for Mechanic’s Helper $___________________per/hr.

0006: Option Period 4 – Provide a price per month for 12 months of preventive maintenance service following Option Period 3.

$___________per/Mo x 12 months = $______________________________.

0006A: Provide a price PER HOUR for overtime call-back service, as described in Appendix B (Section C, Part 14) for Mechanic $___________________per/hr.

0006B: Provide a price PER HOUR for overtime call-back service, as described in Appendix B (Section C, Part 14) for Mechanic’s Helper $________________per/hr.

0006C: Provide a price PER HOUR for minor repairs, as described in Appendix B (Section C, Part 13) for Mechanic $___________________per/hr.

0006D: Provide a price PER HOUR for minor repairs, as described in Appendix B (Section C, Part 13) for Mechanic’s Helper $___________________per/hr.

GSA Region 3 Solicitation Provisions (Negotiated) PAGE 1 REV. 6/2009

PROPERTY OF THE US GOVERNMENT – FOR OFFICIAL USE ONLY

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PROPERLY DESTROY DOCUMENTS WHEN NO LONGER NEEDED

1. FAR 52.215-1 - INSTRUCTIONS TO OFFERORS -

COMPETITIVE ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting

Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing”, "writing", or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include

Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the

Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated

Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the

Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If

GSA Region 3 Solicitation Provisions (Negotiated) PAGE 2 REV. 6/2009

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the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at

52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, uless the provision at FAR 52.225-

17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the

Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall ---

(1) Mark the title page with the following legend:

THIS PROPOSAL INCLUDES DATA THAT SHALL NOT BE

DISCLOSED OUTSIDE THE GOVERNMENT AND SHALL NOT BE

DUPLICATED, USED, OR DISCLOSED --- IN WHOLE OR IN PART --- FOR

ANY PURPOSE OTHER THAN TO EVALUATE THIS PROPOSAL. IF,

HOWEVER, A CONTRACT IS AWARDED TO THIS OFFEROR AS A RESULT

OF --- OR IN CONNECTION WITH --- THE SUBMISSION OF THIS DATA,

THE GOVERNMENT SHALL HAVE THE RIGHT TO DUPLICATE, USE, OR

DISCLOSE THE DATA TO THE EXTENT PROVIDED IN THE RESULTING

CONTRACT. THIS RESTRICTION DOES NOT LIMIT THE GOVERNMENT’S

RIGHT TO USE INFORMATION CONTAINED IN THIS DATA IF IT IS

OBTAINED FROM ANOTHER SOURCE WITHOUT RESTRICTION. THE

DATA SUBJECT TO THIS RESTRICTION ARE CONTAINED IN SHEETS

[INSERT NUMBERS OR OTHER IDENTIFICATION OF SHEETS];

and

(2) Mark each sheet of data it wishes to restrict with the following legend:

USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET

IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS

PROPOSAL.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive minor informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any

GSA Region 3 Solicitation Provisions (Negotiated) PAGE 3 REV. 6/2009

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ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

2. SUBMISSION OF REQUESTS FOR DEBRIEFINGS -

GSA’S HOURS OF OPERATION.

GSA’s hours of operation are 8:00 AM to 4:30 PM.

Requests for preaward debriefings postmarked or otherwise submitted after 4:30 PM will be considered submitted the following business day. Requests for postaward debriefings delivered after

4:30 PM will be considered received and filed the following business day.

3. FAR 52.236-28 - PREPARATION OF PROPOSALS -

CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the

Government or on copies of those forms; and (2) manually signed.

The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including ---

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no proposal is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

4. FAR 52.222-24 - PREAWARD ON-SITE EQUAL

OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)

(This provision does not apply to construction). If a contract in the amount of $10 million or more will result from this solicitation, the prospective Contractor and its know first-tier subcontractors with anticipated subcontracts of $10 million or more shall be subject to a preaward compliance evaluation by the Office of Federal

Contract Compliance Programs (OFCCP), unless, within the preceding 24 months, OFCCP has conducted an evaluation and found the prospective Contractor and subcontractors to be in compliance with Executive Order 11246.

5. FAR 52.237-1 - SITE VISIT (APR 1984)

(Applies when services other than construction are to be performed on Government installations).

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

6. FAR 52.247-6 - FINANCIAL STATEMENT (APR 1984)

(Applies to solicitations for transportation or for transportation related services.)

The offeror shall, upon request, promptly furnish the Government with a current certified statement of the offeror's financial condition and such data as the Government may request with respect to the offeror's operations. The Government will use this information to determine the offeror's financial responsibility and ability to perform under the contract. Failure of an offeror to comply with a request for information will subject the offeror to possible rejection on responsibility grounds.

7. FAR 52.222-46 - EVALUATION OF COMPENSATION

FOR PROFESSIONAL EMPLOYEES (FEB 1993)

(This provision applies to service contracts over $550,000.)

(a) Recompetition of service contracts may in some cases result in lowering the compensation (salaries and fringe benefits) paid or furnished professional employees. This lowering can be detrimental in obtaining the quality of professional services needed for adequate contract performance. It is therefore in the Government's best interest that professional employees, as defined in 29 CFR 541, be properly and fairly compensated. As a part of their proposals, offerors will submit a total compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract. The Government will evaluate the plan to assure that it reflects a sound management approach and understanding of the contract requirements. This evaluation will include an assessment of the offeror's ability to provide uninterrupted high-quality work. The professional compensation proposed will be considered in terms of its impact upon recruiting and retention, its realism, and its consistency with a total plan for compensation. Supporting information will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used in establishing the total compensation structure.

(b) The compensation levels proposed should reflect a clear understanding of work to be performed and should indicate the capability of the proposed compensation structure to obtain and keep suitably qualified personnel to meet mission objectives. The salary rates or ranges must take into account differences in skills, GSA Region 3 Solicitation Provisions (Negotiated) PAGE 4 REV. 6/2009

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the complexity of various disciplines, and professional job difficulty. Additionally, proposals envisioning compensation levels lower than those of predecessor contractors for the same work will be evaluated on the basis of maintaining program continuity, uninterrupted high quality work, and availability of required competent professional service employees. Offerors are cautioned that lowered compensation for essentially the same professional work may indicate lack of sound management judgment and lack of understanding of the requirement.

(c) The Government is concerned with the quality and stability of the work force to be employed on this contract. Professional compensation that is unrealistically low or not in reasonable relationship to the various job categories, since it may impair the

Contractor's ability to attract and retain competent professional service employees, may be viewed as evidence of failure to comprehend the complexity of the contract requirements.

(d) Failure to comply with these provisions may constitute sufficient cause to justify rejection of a proposal.

8. GSAR 552.252-5 - AUTHORIZED DEVIATIONS IN

PROVISIONS (DEVIATION FAR 52.252-5) (SEP 1999)

(a) Deviations to FAR Provisions.

(1) This solicitation indicates any authorized deviations to a

Federal Acquisition Regulation (48 CFR Chapter 1) provision by the addition of "(DEVIATION)" after the date of the provision, if the provision is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviations to a Federal Acquisition Regulation (FAR) provision that is published in the General Services Administration Acquisition Regulation by the addition of "(DEVIATION (FAR Provision No.))" after the date of the provision.

(b) Deviations to GSAR Provisions. This solicitation recognizes any authorized deviation to a General Services Administration Acquisition Regulation provision by the addition of "(DEVIATION)" after the date of the provision.

(c) "Substantially the same as" provisions. Changes in wording of provisions prescribed for us on a "substantially the same as" basis are not considered deviations.

GSA Region 3 Solicitation Provisions (Negotiated) PAGE 5 REV. 6/2009

DO NOT REMOVE THIS NOTICE

PROPERLY DESTROY DOCUMENTS WHEN NO LONGER NEEDED

REPRESENTATIONS AND CERTIFICATIONS Solicitation #: GS-03P-09-AZ-C-0044 Name and Address of Offeror Date of Offer:

(Name, Street, City, State and Zip Code)

DUNS: ___________________________ (REQUIRED OF ALL AWARDEES - See paragraph 1, below)

1. FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4- character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor shall be requiried to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have Internet access, it may call Dun and Bradstreet at 1-866-705-5711if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the

GSA Region 3 Solicitation Provisions (Negotiated) PAGE 2 REV. 6/2009

DO NOT REMOVE THIS NOTICE

PROPERLY DESTROY DOCUMENTS WHEN NO LONGER NEEDED

date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR;

and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. (End of clause)

2. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) (Note to Offerors:

Since FAR 52.204-7 is included in this solicitation (above), paragraph (d) of the following provision applies, and offerors must complete their annual representations and certifications on-line as described below.)

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

_____________238990_______________________________________________________________

(2) The small business size standard is:

______________$14 Million______________________________________________________________

(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) 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.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(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

(C) The solicitation is for utility services for which rates are set by law or regulation.

(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.

GSA Region 3 Solicitation Provisions (Negotiated) PAGE 3 REV. 6/2009

DO NOT REMOVE THIS NOTICE

PROPERLY DESTROY DOCUMENTS WHEN NO LONGER NEEDED

(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

(C) Are for contracts that will be performed in the United States or its outlying areas.

(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 and 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 and 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 the 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.

(C) If the acquisition is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Act 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 the 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.]

[_X_] (i) 52.219-19, Small Business Concern Represenation 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 Status.

[__] (A) Basic.

GSA Region 3 Solicitation Provisions (Negotiated) PAGE 4 REV. 6/2009

DO NOT REMOVE THIS NOTICE

PROPERLY DESTROY DOCUMENTS WHEN NO LONGER NEEDED

[__] (B) Alternate I.

[__] (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).

[X] (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. (End of provision)

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