H9222-09-R-0027 Solicitation.doc

Section B - Supplies or Services and Prices

UNDEFINED

Base Period

CPFF

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009.

Period of Performance is from date of award through one (1) year after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.3 and H.5 of this solicitation.

FOB: Destination

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNDEFINED

CPFF

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009.

Period of Performance is one (1) year after date of award through two (2) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.3 and H.5 of this solicitation.

UNDEFINED

CPFF

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009.

Period of Performance is from two (2) years after date of award through three (3) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.3 and H.5 of this solicitation.

UNDEFINED

CPFF

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009.

Period of Performance is from three (3) years after date of award through four (4) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.3 and H.5 of this solicitation.

UNDEFINED

CPFF

Perform system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009.

Period of Performance is from four (4) years after date of award through five (5) years after date of award.

CPFF Completion type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation.

The CPFF price of this CLIN will be determined in accordance with clauses H.3 and H.5 of this solicitation.

UNDEFINED

Base Period

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009.

Period of Performance is from date of award through one (1) year after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.3, H.4 and H.5 of this solicitation.

UNDEFINED

CPFF

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009.

Period of Performance is from one (1) year after date of award through two (2) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.3, H.4 and H.5 of this solicitation.

UNDEFINED

CPFF

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009.

Period of Performance is from two (2) years after date of award through three (3) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.3, H.4 and H.5 of this solicitation.

UNDEFINED

CPFF

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009.

Period of Performance is from three (3) years after date of award through four (4) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.3, H.4 and H.5 of this solicitation.

UNDEFINED

CPFF

Perform level of effort (LOE) system technical support services for Special Operations Forces Ground Mobility platform series of vehicles in accordance with Performance Work Statement (PWS), dated May 29, 2009.

Period of Performance is from four (4) years after date of award through five (5) years after date of award.

CPFF level-of-effort type Task orders under this CLIN will be issued in accordance with H. 5 of this solicitation. The CPFF price of this CLIN will be determined in accordance with clauses H.3, H.4 and H.5 of this solicitation.

UNDEFINED

Sample Task no. 1

Evaluate and test 12 armor coupons in accordance with Performance Work Statement for Armor Coupon Testing, Attachment #2 of this solicitation.

The Offeror's cost proposal shall be prepared in accordance with Sections L and M of this soliciation.

Total Estimated Cost ________

Fixed Fee ________

Total CPFF price ________

Note: The Government reserves the right to order one (1) or all of the Sample Tasks under CLIN's 4001, 4002, 4003, and 4004 at the time of award. The Government will order at least one (1) Sample Task. The proposed amounts for all Sample Tasks will be used for evaluataions purposes in accordance with Sections L and M. Therefore, the Offeror must provide CPFF prices for all Sample Tasks under Section B of this solication for the Offeror's proposal to be considered responsive.

UNDEFINED

Sample Task no. 2

Design modifications for Ground Mobility Vehicles (GMV) and produce proposed modifications in accordance with Statement of Objectives for Ground Mobility Vehicle Modifications, Attachment #3 of this solicitation.

The Offeror's cost proposal shall be prepared in accordance with Sections L and M of this soliciation.

Total Estimated Cost ________

Fixed Fee ________

Total CPFF price ________

Note: The Government reserves the right to order one (1) or all of the Sample Tasks under CLIN's 4001, 4002, 4003, and 4004 at the time of award. The Government will order at least one (1) Sample Task. The proposed amounts for all Sample Tasks will be used for evaluataions purposes in accordance with Sections L and M. Therefore, the Offeror must provide CPFF prices for all Sample Tasks under Section B of this solication for the Offeror's proposal to be considered responsive.

Sample Task no. 3

FFP

The soliciation will be amended to provide this Sample Task in accordance with Sections L and M.

The Offeror's cost proposal shall be prepared in accordance with Sections L and M of this soliciation.

Total Estimated Cost ________

Fixed Fee ________

Total CPFF price ________

Note: The Government reserves the right to order one (1) or all of the Sample Tasks under CLIN's 4001, 4002, 4003, and 4004 at the time of award. The Government will order at least one (1) Sample Task. The proposed amounts for all Sample Tasks will be used for evaluataions purposes in accordance with Sections L and M. Therefore, the Offeror must provide CPFF prices for all Sample Tasks under Section B of this solication for the Offeror's proposal to be considered responsive.

NET AMT

Sample Task no. 4

FFP

The soliciation will be amended to provide this Sample Task in accordance with Sections L and M.

The Offeror's cost proposal shall be prepared in accordance with Sections L and M of this soliciation.

Total Estimated Cost ________

Fixed Fee ________

Total CPFF price ________

Note: The Government reserves the right to order one (1) or all of the Sample Tasks under CLIN's 4001, 4002, 4003, and 4004 at the time of award. The Government will order at least one (1) Sample Task. The proposed amounts for all Sample Tasks will be used for evaluataions purposes in accordance with Sections L and M. Therefore, the Offeror must provide CPFF prices for all Sample Tasks under Section B of this solication for the Offeror's proposal to be considered responsive.

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$500,000.00

$25,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section D - Packaging and Marking

PACKAGING AND MARKING

D.1 Preservation and Packaging.

D.1.1 Any hardware deliverable under the contract shall be packaged and packed in accordance with best commercial practice to ensure arrival at destination without damage, unless otherwise required by work directive.

D.1.2 Any software and/or technical data required to be delivered under this contract shall be packaged in accordance with standard commercial practices to ensure safe arrival at destination without damage to contents.

D.2 Marking.

D.2.1 Software/technical data shall be marked with the name and address of the consignor, consignee and contract number.

D.2.2 All materials delivered under the contract shall be marked and tagged with the identification of the material or item, the contract number and the contractors name and address.

Section E - Inspection and Acceptance

DATA ITEMS

E. 1 Specific inspection and acceptance requirements will be provided in each task order issued under this basic contract. Upon completion of each task order, the contractor shall provide a final report to the Government. The Government’s acceptance of the final report will constitute acceptance of the services required under each task order.

E . 1 Inspection Point: Destination The DD Form 1423 requirements will be specified in each task order issued under this basic contract.

E. 1. 1 The required destination shall be at the address specified for the applicable data item listed on the Contract Data Requirements DD Form 1423.

E. 1. 2 Government inspection and acceptance of the technical data, plans, reports, and other data being submitted to the Government under the terms of this Contract will be accomplished by Government personnel listed on the DD Form 1423 (or at the Contractor's facility, if appropriate). In the event of Government rejection of data due to noncompliance with the requirements of the contract, the Contractor shall be responsible for corrections at no cost to the Government. The Contractor shall take the necessary corrective action to preclude recurrence of the deficiency, such as implement tightened inspection, improvement of Quality program plan procedures, etc.

Section F - Deliveries or Performance

DELIVERY OF DATA

F. 1 Specific delivery requirements will be provided in each task order issued under this basic contract.

F. 2 Delivery of Data.

F. 2.1 All data required by this contract shall be delivered FOB Destination and in accordance with the applicable task order and CDRL.

F. 2.2 All drawings and other technical data required by this contract shall be submitted to the Government upon completion or termination of this contract if not previously delivered in accordance with the applicable task order and CDRL.

DELIVERY INFORMATION

Section H - Special Contract Requirements

H. 4 CPFF LOE TASK ORDERS

H. 4 CPFF Level-of-Effort (LOE) This section applies to all task orders issued under the basic contract that require cost-plus-fixed-fee LOE ( CLIN’s 2001, 2002, 2003, 2004 and 2005).

(a) The contractor shall apply best efforts towards accomplishing the contract work effort. The level-of-effort required under each task order shall consist of a labor expenditure not less than

95 percent and not more than 105 percent of the total labor hours specified in the task order.

(b) The contractor shall promptly notify the Contracting Officer in writing when there is an indication that premature exhaustion of the total labor hours will occur.

(c) It is understood and agreed that the monthly labor hour expenditure rate may fluctuate in pursuit of the technical objective. However, such fluctuations will be controlled to avoid exhaustion of total labor hours before the expiration of the term of the contract.

(d) It is further agreed that the contractor may submit written requests to accelerate the labor of this contract. If approved by the Contracting Officer, the accelerated performance shall be without increase in fee or profit, as applicable, and the transaction shall be formalized by

Supplemental Agreement to this contract.

e) Upon contract completion, the contractor shall submit to the Contracting Officer a certified statement of the labor hours actually expended in the performance of each task order.

(f) The fee for performance is predicated upon the contractor furnishing at least the minimum and not more than the maximum effort specified. In the event the contractor fails to provide the minimum effort specified, the Contracting Officer may either unilaterally reduce the base fee and maximum award fee, to include fees already awarded/earned, using the formula below, or obtain other consideration from the contractor.

Fee Reduction = Fee (in $) x (Target LOE – Expended LOE)

Target LOE

(h) Changes in labor categories, minimum or maximum quantity of labor hours, and the period (h) Changes in labor categories, minimum or maximum quantity of labor hours, and the period of performance shall be made in accordance with the Changes clause herein.

H.3 QUANTITY LIMITATION

H. 3 In accordance with FAR 16.504(a)(4) ii, the total minimum quantity of supplies or services the Government will acquire during the base year and option years 2 through 4 is $250,000. The maximum quantity is $25,000,000.

H.1 CONFLICT OF INTEREST

H.1 CONFLICT OF INTEREST

H.1.1 The Contractor agrees to enter into written agreements with all companies to whose proprietary data it shall have access to the effect that it will protect such data from unauthorized use or disclosure as long as the data remains proprietary. The contractor shall furnish the Contracting Officer with copies of such written agreements, in accordance with FAR 9.505-4.

H.1.2 The Contractor agrees to protect the proprietary data and rights of other organizations made available from any source, which were disclosed to it, directly or indirectly during the performance of this contract with the same caution that a reasonable, prudent contractor would use to safeguard its own proprietary data and rights. The contractor agrees not to use proprietary data for any purpose other than that for which it was furnished, except to the extent the Contractor and the owner of the proprietary data agree to other uses of the proprietary data.

H.1.3 Notwithstanding paragraph H.8.2 above and any other provision herein, protection of and exclusion of use of proprietary data shall be extended for so long as the data remains proprietary. However, such protection and exclusion shall not be in effect when data is lawfully obtained by the contractor from some other sources without restriction.

H.1.4 The Contractor shall not distribute reports, data or information of any nature arising from its performance under this contract, except as provided by this contract or as may be directed by the Contracting Officer. All proprietary data and any derivatives shall be returned to the Government at the end of the contract.

H.1.5 Subcontracts: The Contractor shall include the Conflict of Interest provision, including this paragraph, in subcontracts of any tier which involve access to information covered in H.8.4 above. The use of this clause in such subcontracts shall be read by substituting the word "subcontractor" for the word "contractor" whenever the latter appears.

H.1.6 The Contractor agrees to inform its employees of this restriction and provide company policy information directives and/or procedures, to ensure an awareness of the legal provisions of FAR Part 9, Subpart 9.505-4, so that each employee will understand the absolute necessity of safeguarding information developed under this contract from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

H.2 LOADED LABOR RATES

H.1 Loaded Labor Rates:

Offerors are required to provide loaded rates for all direct labor categories required to perform the requirements of the Performance Work Statement (PWS) during the period of performance of the basic contract. The rates for the labor categories will be binding for one year from date of contract award to the successful offeror. The Offeror shall provide the loaded rates below. The loaded rates shall include all associated indirect costs, such as: labor overhead, fringe, G&A, and cost of money. The successful offeror shall use these rates in all cost proposals submitted for task orders issued under the basic contract. These rates apply to all CLIN’s in Section B of the contract..

Labor Category Loaded Rate

Note: The above rates will be used for the purpose of submitting cost proposals. However, the contractor will be paid based on actual costs incurred (including overhead rates) pursuant to FAR 52.216-7, Allowable Cost and Payment.

The contractor agrees to negotiate rates for the following years with the cognizant DCMA Administrative Contracting Officer (ACO). The contractor shall provide a forward pricing rate proposal to the ACO within three (3) months from the expiration date of last forward pricing rate agreement (FPRA). Unless authorized by the ACO, and agreed to by the contractor, the FPRA shall be specific to this contract. Negotiated forward pricing rates are required to ensure timely negotiations of task orders. Therefore, failure to reach agreement on rates could result in the Procuring Contracting Officer issuing a final determination, subject to the Disputes clause.

H.5 ORDERING PROCEDURE

H. 5 Ordering Procedure for Task Orders.

This section applies to all CPFF completion type and level-of-effort (LOE) task orders issued under the basic contract.

(a) When requested by the Government, the contractor shall submit a CPFF proposal to the Contracting Officer for a task order to be issued under the basic contract. Said proposal shall contain a detailed technical description of the effort to be performed under the task order, the number of direct hours, by labor category, proposed for the task order, and any other direct costs (ODC) proposed for the task order. The contractor will use the loaded labor rates in H.1 of the contract to determine the proposed labor costs. The CPFF proposals shall contain separate pricing for CLIN’s 1001 and 1002. The proposal shall provide the specific LOE tasks to be performed, as listed in the Performance Work Statement, and specific rationale for the proposed hours for each category of labor.

(b) For urgent requirements, the contractor shall provide their cost proposal within 4 to 10 days from the Government’s request for proposal. The Government’s request for proposal will state the degree of urgency and the required date for receipt of proposal.

(c) Each task order will specify: (1) the total estimated cost (including ODC and material costs plus associated indirect costs, if applicable) and fee for the task order; (2) a description of the effort to be performed; (3) the task order period of performance; and (4) the CDRL item(s) that the contractor will be required to submit for the work authorized. Within 10 calendar days after receipt of each task order, the contractor shall submit a written notice to the Contracting Officer indicating acceptance or non-acceptance of the task order. Each task order accepted by the contractor shall be deemed to be incorporated into this contract by reference. Failure of the contractor to provide written acceptance to the Contracting Officer of a task order shall be considered non-acceptance of that task order by the contractor. The contractor understands that acceptance of a task order obligates it to complete all the effort required by that task order, subject to the provisions of the

Limitation of Cost or Limitation of Funds clause, as applicable to this contract.

(d) The Limitation of Cost or Limitation of Funds clause, whichever is applicable, applies to each task order issued under the basic contract. If the contractor cannot complete the work required by the authorized task orders within the cumulative estimated cost, the contractor shall submit a written cost overrun proposal to the Contracting Officer. The contractor shall not exceed the estimated cost for any authorized task order until it receives written notification from the

Contracting Officer increasing the estimated cost. Any such increase in the cumulative estimated cost of a task order shall be considered a cost overrun, and the fee for the authorized task order shall not be changed as a result thereof. The Contracting Officer is the only person authorized to increase the estimated cost of a task order or the total estimated cost set forth in

Section B for the designated CLIN(s).

(e) No task orders shall be issued under this provision until sufficient funds are allotted to cover the work. Incremental funding of task orders shall be governed by the provisions of the

Limitation of Funds clause.

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days from the end of the period of performance of the last Option item excercised under this contract.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days from the the date the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least five (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

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

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

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

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

(__) Paragraph (d) applies.

(__) 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.

(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 & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Contracting Officer check as appropriate.)

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

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

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

------(A) Basic.

------(B) Alternate I.

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

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

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

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

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

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

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

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

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.

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)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the award date of the basic contract through five (5) years from the date of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $25,000,000.

(2) Any order for a combination of items in excess of $25,000,000; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of all last task orders issued during option year 4 of the basic contract.

(End of clause)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding ( specified in individual task orders) dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is ( specified in individual task orders) dollars.

(End of clause)

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 interfere 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…