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- Solicitation number
- GS-11P-08-MA-C-0277
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Solicitation Offer and Award document
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| GSA CO and NFATC Questions from Potential Bidders.doc | DOC document | |
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SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER RATING PAGE OF PAGES
DPAS (15 CFR 700) 1 22
2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
GS-11P-08-MA-C-0277 SEALED BID (IFB)
NEGOTIATED (RFP)
WPY-08-0617
WPY-08-0617
7. ISSUED BY CODE MA000 8. ADDRESS OFFER TO (If other than Item 7)
Potomac Service Center, Contracts Team, WPG 301 7th Street, SW Room 6929 Washington DC 20407
GSA, NCR
BID ROOM 1065
7TH & D StS, S.W.
Washington DC 20407
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until 2:30 PM
ET
local time OCT 16, (Hour) (Date)
CAUTION - LATE Submissions, Modifications, and Withdrawls: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS
CALL: Deborah Aubert 202-501-1713 deborah.aubert@gsa.gov
11. TABLE OF CONTENTS
(X) SEC. DESCRIPTION PAGES(S) (X) SEC. DESCRIPTION PAGE(S)
PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM 1 - 1 X I CONTRACT CLAUSES 9 - 17
X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 - 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
C DESCRIPTION/SPECS./WORK STATEMENT - J LIST OF ATTACHMENTS -
D PACKAGING AND MARKING - PART IV - PRESENTATIONS AND INSTRUCTIONS
X E INSPECTION AND ACCEPTANCE 6 - 6 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER 18 - 20
X F DELIVERIES OR PERFORMANCE 7 - 7 STATEMENTS OF OFFERORS
X G CONTRACT ADMINISTRATION DATA 8 - 8 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 21 - 22
H SPECIAL CONTRACT REQUIREMENTS - M EVALUATION FACTORS FOR AWARD -
OFFER
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all itmes upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
15A. NAME AND
ADDRESS OF
OFFEROR
DUNS: (Type or print)
15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT
FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
See Schedule
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C 23004(c) ( ) 41 U.S.C 253(c) ( )
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
24. ADMINISTERED BY CODE 25. PAYMENT WILL BE MADE BY CODE
26. NAME OF CONTRACTING OFFICER(Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
(Signature of Contracting Officer)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official writen notice. (Must be fully completed by offeror)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA - FAR (48 CFR) 53.214(c)
All work shall be in accordance with contract specifications and drawings and all applicable codes, standards, requirements and/or laws.
PLEASE NOTE:
A pre-Bid Conference/Walk-Thru is scheduled for this procurement. Please view the dates and times posted in the cover letter attached to this solicitation.
Offers due by 2:30 PM EST on Thursday, October 16, 2008 and must be delivered to:
GSA, BID Room 1065 7th & D Streets, SW Washington, DC 20407 Attn: Jacqueline White
FAXED OFFERS WILL NOT BE ACCEPTED.
Please reference the following on the proposal:
Solicitation Number: GS-11P-08-MA-C-0277 Cafeteria Services for National Foreign Affairs Training Center (NFATC) and General Services Administration Headquarters
If you have any questions, please contact Deborah Aubert, Contract Specialist, 202-501-1713 or by email deborah.aubert@gsa.gov
See attached scope of work and all attachments.
0001 Contractor shall provide all labor, material, and supervision for food services at the National Foreign Affairs Training Center (NFATC) and the General Services Administration Headquaters (GSACO).
Please refer to the specifications attached for detailed guidance and deliverables.
SHIP TO:
General Services Administration, Headquarters 18th & F Street, NW Washington, DC 20405 and
DELIVERY DATE: 12/31/2013
SHIP TO:
National Foreign Affairs Training Ctr Arlington, VA22212
FOB : Destination
1.00 LS
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SECTION E INSPECTION AND ACCEPTANCE
E. 1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)
SECTION F DELIVERIES OR PERFORMANCE
F. 1 52.242-15 STOP-WORK ORDER (AUG 1989)
SECTION G CONTRACT ADMINISTRATION DATA
G. 1 552.232-70 INVOICE REQUIREMENTS (SEP 1999)
G. 2 552.232-71 ADJUSTING PAYMENTS (SEP 1999)
G. 3 552.232-72 FINAL PAYMENT (SEP 1999)
SECTION I CONTRACT CLAUSES
I. 1 52.202-1 DEFINITIONS (JUL 2004)
I. 2 552.243-70 PRICING OF ADJUSTMENTS (APR 1989)
I. 3 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
I. 4 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (DEVIATION FAR 52.252-6) (SEP 1999)
I. 5 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)
I. 6 52.203-3 GRATUITIES (APR 1984)
I. 7 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
I. 8 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
I. 9 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)
I. 10 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
(JAN1997)
I. 11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)
I. 12 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)
I. 13 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)
I. 14 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (JUN 2006)
I. 15 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)
I. 16 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)
I. 17 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)
I. 18 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2004)
I. 19 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)
I. 20 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN
PENSIONS (JUL 2005)
I. 21 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
I. 22 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 1999)
I. 23 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
I. 24 52.216-1 TYPE OF CONTRACT (APR 1984)
I. 25 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)
I. 26 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)
I. 27 52.219-23 II NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS
(SEP 2005)--ALTERNATE II (OCT 1998)
I. 28 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUN 2007)
I. 29 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL
2005)
I. 30 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)
I. 31 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008)
I. 32 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
I. 33 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
I. 34 52.222-26 EQUAL OPPORTUNITY (MAR 2007)
I. 35 52.222-3 CONVICT LABOR (JUN 2003)
I. 36 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND
OTHER ELIGIBLE VETERANS. [SEP 2006]
I. 37 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
I. 38 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND
OTHER ELIGIBLE VETERANS (SEP 2006)
Table of Contents
I. 39 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC
2004)
I. 40 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (JUL 2005)
I. 41 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)
I. 42 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
I. 43 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT--PRICE ADJUSTMENT (MULTIPLE YEAR
AND OPTION CONTRACTS) (NOV 2006)
I. 44 52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007)
I. 45 52.223-10 WASTE REDUCTION PROGRAM (AUG 2000)
I. 46 52.223-11 OZONE-DEPLETING SUBSTANCES (MAR 2001)
I. 47 52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)
I. 48 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)
I. 49 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)
I. 50 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION
CONTRACTS (MAY 2008)
I. 51 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION
CONTRACTS (DEC 2007)
I. 52 52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)-- ALTERNATE
I (JUL 1995)
I. 53 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)
I. 54 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
I. 55 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY
2008)
I. 56 52.225-1 BUY AMERICAN ACT--SUPPLIES (JUN 2003)
I. 57 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
I. 58 52.225-3 BUY AMERICAN ACT--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT [AUG 2007]
I. 59 52.225-5 TRADE AGREEMENTS (NOV 2007)
I. 60 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)
I. 61 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT ONFRINGEMENT (DEC 2007)
I. 62 52.227-3 PATENT INDEMNITY (APR 1984)
I. 63 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
I. 64 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)
I. 65 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (APR 2003)
I. 66 52.230-2 COST ACCOUNTING STANDARDS (APR 1998)
I. 67 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (APR 1998)
I. 68 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (MAR 2008)
I. 69 52.232-1 PAYMENTS (APR 1984)
I. 70 52.232-11 EXTRAS (APR 1984)
I. 71 52.232-17 INTEREST (JUN 1996)
I. 72 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)
I. 73 52.232-25 PROMPT PAYMENT (OCT 2003)
I. 74 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT
2003)
I. 75 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
I. 76 52.233-1 I DISPUTES (JUL 2002)--ALTERNATE I (DEC 1991)
I. 77 52.233-3 PROTEST AFTER AWARD (AUG 1996)
I. 78 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
I. 79 52.236-13 I ACCIDENT PREVENTION (NOV 1991)--ALTERNATE I (NOV 1991)
I. 80 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)
I. 81 52.242-13 BANKRUPTCY (JUL 1995)
I. 82 52.243-1 I CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE I (APR 1984)
I. 83 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2007)
I. 84 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997)
I. 85 52.248-1 VALUE ENGINEERING (FEB 2000)
I. 86 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM) (APR 1984)...17
I. 87 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
I. 88 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
I. 89 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)
I. 90 552.215-70 EXAMINATION OF RECORDS BY GSA (FEB 1996)
I. 91 552.228-70 WORKERS' COMPENSATION LAWS (SEP 1999)
I. 92 552.232-73 AVAILABILITY OF FUNDS (SEP 1999)
I. 93 552.232-77 PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD (MAR 2000)
I. 94 552.232-78 PAYMENT INFORMATION (JUL 2000)
I. 95 552.237-70 QUALIFICATIONS OF OFFERORS (MAY 1989)
I. 96 552.237-71 QUALIFICATIONS OF EMPLOYEES (MAY 1989)
SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K. 1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)
K. 2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (MAY 2008)
K. 3 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2000)
SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L. 1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (SEP 2007)
L. 2 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)
L. 3 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)
L. 4 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)
L. 5 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)
L. 6 52.223-1 BIOBASED PRODUCT CERTIFICATION (DEC 2007)
L. 7 52.233-2 SERVICE OF PROTEST (SEP 2006)
L. 8 52.237-1 SITE VISIT (APR 1984)
L. 9 552.233-70 PROTESTS FILED DIRECTLY WITH THE GENERAL SERVICES ADMINISTRATION (MAR 2000)
L. 10 552.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (DEVIATION FAR 52.252-5) (SEP 1999)
SECTION E
INSPECTION AND ACCEPTANCE
E. 1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)
(a) "Definitions." "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the
Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may--
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
(End of Clause)
SECTION F
DELIVERIES OR PERFORMANCE
F. 1 52.242-15 STOP-WORK ORDER (AUG 1989)
(Reference 52.242-15)
SECTION G
CONTRACT ADMINISTRATION DATA
G. 1 552.232-70 INVOICE REQUIREMENTS (SEP 1999)
(a) Invoices shall be submitted in an original only, unless otherwise specified, to the designated billing office specified in this contract or order.
(b) Invoices must include the Accounting Control Transaction (ACT) number provided below or on the order. ACT Number
(c) In addition to the requirements for a proper invoice specified in the Prompt Payment clause of this contract or order, the following information or documentation must be submitted with each invoice:
(End of Clause)
G. 2 552.232-71 ADJUSTING PAYMENTS (SEP 1999)
(Reference 552.232-71)
G. 3 552.232-72 FINAL PAYMENT (SEP 1999)
Before final payment is made, the Contractor shall furnish the Contracting Officer with a release of all claims against the Government relating to this contract, other than claims in stated amounts that are specifically excepted by the Contractor from the release. If the Contractor's claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S. 3727, 41 U.S.C. 15), a release may also be required of the assignee.
(End of Clause)
SECTION I
CONTRACT CLAUSES
I. 1 52.202-1 DEFINITIONS (JUL 2004)
(Reference 52.202-1)
I. 2 552.243-70 PRICING OF ADJUSTMENTS (APR 1989)
(Reference 552.243-70)
I. 3 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
(Reference 52.203-10)
I. 4 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (DEVIATION FAR 52.252-6) (SEP 1999)
(Reference 552.252-6)
I. 5 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)
(Reference 52.203-12)
I. 6 52.203-3 GRATUITIES (APR 1984)
(Reference 52.203-3)
I. 7 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
(Reference 52.203-5)
I. 8 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(Reference 52.203-6)
I. 9 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)
(Reference 52.203-7)
I. 10 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
(JAN 1997)
(Reference 52.203-8)
I. 11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)
(Reference 52.204-4)
I. 12 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)
(Reference 52.204-7)
I. 13 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)
(Reference 52.204-9)
I. 14 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (JUN 2006)
(Reference 52.208-9)
I. 15 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)
(Reference 52.209-6)
I. 16 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)
(Reference 52.215-10)
I. 17 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)
(Reference 52.215-12)
I. 18 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2004)
(Reference 52.215-15)
I. 19 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)
(Reference 52.215-17)
I. 20 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN
PENSIONS (JUL 2005)
(Reference 52.215-18)
I. 21 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(b) The Contractor shall--
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and
(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).
(End of Clause)
I. 22 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 1999)
(Reference 52.215-2)
I. 23 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
(Reference 52.215-8)
I. 24 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a contract resulting from this solicitation.
(End of Provision)
I. 25 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)
(Reference 52.217-2)
I. 26 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)
(Reference 52.219-16)
I. 27 52.219-23 II NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS
(SEP 2005)--ALTERNATE II (OCT 1998)
(Reference 52.219-23 II)
I. 28 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUN 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 ______________.
[The Contractor needs to sign and date and insert authorized signer''s name and title].
(End of clause)
I. 29 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005)
(Reference 52.219-4)
I. 30 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)
(Reference 52.219-8)
I. 31 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008)
(Reference 52.219-9)
I. 32 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
(Reference 52.222-1)
I. 33 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
(Reference 52.222-21)
I. 34 52.222-26 EQUAL OPPORTUNITY (MAR 2007)
(Reference 52.222-26)
I. 35 52.222-3 CONVICT LABOR (JUN 2003)
(Reference 52.222-3)
I. 36 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND
OTHER ELIGIBLE VETERANS. [SEP 2006]
(Reference 52.222-35)
I. 37 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
(Reference 52.222-36)
I. 38 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND
OTHER ELIGIBLE VETERANS (SEP 2006)
(Reference 52.222-37)
I. 39 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)
(a) "Definition." As used in this clause-- "United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the
Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)). Notice to Employees Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees.
However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment. If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment.
If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments. For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:
National Labor Relations Board Division of Information 1099 14th Street, N.W.
Washington, DC 20570 1-866-667-6572
1-866-316-6572 (TTY)
To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.
(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.
(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.
(e) The requirement to post the employee notice in paragraph (b) does not apply to--
(1) Contractors and subcontractors that employ fewer than 15 persons;
(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;
(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;
(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--
(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and
(ii) Such a waiver will not interfer with or impede the effectuation of the Executive order; or
(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.
(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--
(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;
(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or
(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.
(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of Clause)
I. 40 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (JUL 2005)
(Reference 52.222-4)
I. 41 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)
(Reference 52.222-41)
I. 42 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only:
It is not a Wage Determination
(End of Clause)
I. 43 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT--PRICE ADJUSTMENT (MULTIPLE YEAR
AND OPTION CONTRACTS) (NOV 2006)
(Reference 52.222-43)
I. 44 52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007)
(Reference 52.222-50)
I. 45 52.223-10 WASTE REDUCTION PROGRAM (AUG 2000)
(Reference 52.223-10)
I. 46 52.223-11 OZONE-DEPLETING SUBSTANCES (MAR 2001)
(a) "Definition." "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR part 82, Subpart E, as follows:
Warning Contains (or manufactured with, if applicable) +_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
+ The Contractor shall insert the name of the substance(s).
(End of Clause)
I. 47 52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)
(Reference 52.223-12)
I. 48 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)
(Reference 52.223-14)
I. 49 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)
(Reference 52.223-15)
I. 50 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION
CONTRACTS (MAY 2008)
(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired--
(1) Competitively within a timeframe providing for compliance with the contract performance schedule;
(2) Meeting contract performance requirements; or
(3) At a reasonable price.
(b) Information about this requirement is available at EPA?s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.
(End of clause)
I. 51 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION
CONTRACTS (DEC 2007)
(Reference 52.223-2)
I. 52 52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)-- ALTERNATE
I (JUL 1995)
(Reference 52.223-3 I)
I. 53 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)
(Reference 52.223-5)
I. 54 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(Reference 52.223-6)
I. 55 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)
(a) "Definitions." As used in this clause-- "Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.
Postconsumer material is a part of the broader category of "recovered material."
"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall--
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to
(End of Clause)
I. 56 52.225-1 BUY AMERICAN ACT--SUPPLIES (JUN 2003)
(Reference 52.225-1)
I. 57 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
(Reference 52.225-13)
I. 58 52.225-3 BUY AMERICAN ACT--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT [AUG 2007]
(Reference 52.225-3)
I. 59 52.225-5 TRADE AGREEMENTS (NOV 2007)
(Reference 52.225-5)
I. 60 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)
(Reference 52.227-1)
I. 61 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT ONFRINGEMENT (DEC 2007)
(Reference 52.227-2)
I. 62 52.227-3 PATENT INDEMNITY (APR 1984)
(Reference 52.227-3)
I. 63 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
(Reference 52.228-5)
I. 64 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)
(Reference 52.229-3)
I. 65 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (APR 2003)
(Reference 52.229-4)
I. 66 52.230-2 COST ACCOUNTING STANDARDS (APR 1998)
(Reference 52.230-2)
I. 67 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (APR 1998)
(Reference 52.230-3)
I. 68 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (MAR 2008)
(Reference 52.230-6)
I. 69 52.232-1 PAYMENTS (APR 1984)
(Reference 52.232-1)
I. 70 52.232-11 EXTRAS (APR 1984)
(Reference 52.232-11)
I. 71 52.232-17 INTEREST (JUN 1996)
(Reference 52.232-17)
I. 72 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)
(Reference 52.232-23)
I. 73 52.232-25 PROMPT PAYMENT (OCT 2003)
(Reference 52.232-25)
I. 74 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003)
(Reference 52.232-33)
I. 75 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
(Reference 52.232-8)
I. 76 52.233-1 I DISPUTES (JUL 2002)--ALTERNATE I (DEC 1991)
(Reference 52.233-1 I)
I. 77 52.233-3 PROTEST AFTER AWARD (AUG 1996)
(Reference 52.233-3)
I. 78 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
(Reference 52.233-4)
I. 79 52.236-13 I ACCIDENT PREVENTION (NOV 1991)--ALTERNATE I (NOV 1991)
(Reference 52.236-13 I)
I. 80 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)
(Reference 52.237-2)
I. 81 52.242-13 BANKRUPTCY (JUL 1995)
(Reference 52.242-13)
I. 82 52.243-1 I CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE I (APR 1984)
(Reference 52.243-1 I)
I. 83 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2007)
(Reference 52.244-6)
I. 84 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997)
(Reference 52.246-25)
I. 85 52.248-1 VALUE ENGINEERING (FEB 2000)
(Reference 52.248-1)
I. 86 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM) (APR 1984)
(Reference 52.249-4)
I. 87 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
(Reference 52.249-8)
I. 88 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
(Reference 52.253-1)
I. 89 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)
(Reference 552.203-71)
I. 90 552.215-70 EXAMINATION OF RECORDS BY GSA (FEB 1996)
(Reference 552.215-70)
I. 91 552.228-70 WORKERS' COMPENSATION LAWS (SEP 1999)
(Reference 552.228-70)
I. 92 552.232-73 AVAILABILITY OF FUNDS (SEP 1999)
(Reference 552.232-73)
I. 93 552.232-77 PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD (MAR 2000)
(Reference 552.232-77)
I. 94 552.232-78 PAYMENT INFORMATION (JUL 2000)
The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.
(End of Clause)
I. 95 552.237-70 QUALIFICATIONS OF OFFERORS (MAY 1989)
(Reference 552.237-70)
I. 96 552.237-71 QUALIFICATIONS OF EMPLOYEES (MAY 1989)
(Reference 552.237-71)
SECTION K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K. 1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)
(a)
(1) The North American Industry Classification System (NAICS) code for this acquisition is
(2) The small business size standard is
(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 (c) 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 electronic ally, the offeror may choose to use paragraph
(c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
/_/ (i) Paragraph (c) applies.
/_/ (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) 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 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)
K. 2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (MAY 2008)
(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, violating Federal criminal tax laws, 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.
(D) Have /_/, have not /_/, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. ?? 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. ?? 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. ?? 6159.
The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(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)
K. 3 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2000)
Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.
Offerors shall examine each part and provide the requested information in order to determine Cost
Accounting Standards (CAS) requirements applicable to any resultant contract.
If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
I. Disclosure Statement-Cost Accounting Practices and Certification
(a) Any contract in excess of $500,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal.
If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.
Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to…
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