DRAFT RFP Talent.docm

Section B – Supplies or Services and Price/Cost

B-1 GENERAL DESCRIPTION

The contractor shall not perform any effort or otherwise incur costs under the contract unless specifically authorized by a Task Order (TO) signed by the Contracting Officer (CO). All the work performed under each TO shall be in accordance with the same and comply with the terms and conditions of the contract. In the event a TO, or any portion thereof, does not comply with the terms and conditions of the contract, the contract shall govern.

B-2: CLAUSES AND PROVISIONS

a. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

b. Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

B-3: INDEFINITE QUANTITY (Jan 1997)

a. This is an Indefinite Quantity contract as contemplated by FAR 16.504. The total scope of the technical tasks for which TO may be issued is set forth in contract SOW “Video Talent” (attachment 1)

b. The maximum dollar amount the Government may order under this contract is $55,650.00. The minimum dollar amount the Government may order under this contract is $210.

c. This estimate was derived utilizing the Governments anticipated level of performance inclusive of options. The sum of all TO placed under this contract during each contract period shall not exceed the maximum dollar limit without formal modification to the contract.

d. There is no limit on the number of TO that may be issued. The Government may issue TO requiring delivery to multiple destinations or performance at multiple locations.

e. Any TO 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 TO. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that TO 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 31 August 2010.

B-4: DATA RELEASE

Notwithstanding any other terms or conditions of this contract, no information or data, technical or otherwise, concerning this project shall be released through publication, posted on the internet, or released in any other manner unless authorized in writing by the CO) indentified in block 5 of the SF 26. Three to four weeks must be allowed for the processing of such requests.

Section C - Descriptions and Specifications

C-1: 52.000-4001 DESCRIPTION

The Contractor, as an independent contractor, and not as an agent, servant, or employee of the Government, utilizing special knowledge and techniques possessed by and available to the contractor, shall furnish all labor, equipment, facilities, services, and materials, (except as set forth hereinafter to be provided herein to be furnished by the Government), to perform this contract. Performance shall be in accordance with: Statement of Work entitled “Video Talent” (attachment 1), as referenced in Section J, and attached hereto and made a part hereof.

C-2: 52.999-4088 DISCLAIMER STATEMENT

All technical reports will contain the following disclaimer statement on the cover of the report:

DISCLAIMER STATEMENT

“The views, opinions, and findings contained in this report are those of the author(s) and should not be construed as an official Department of Defense position, policy, or decision, unless so designated by other official documentation.”

Section D - Packaging and Marking

D-1: PACKAGING AND MARKING

Packaging and marking of technical data, hardware, and software to be delivered pursuant to this contract shall be in accordance with the contractor’s standard commercial practices.

Section E - Inspection and Acceptance

THE FULL TEXT VERSION OF THE FOLLOWING FAR, and DFARS, CLAUSES ARE NOW AVAILABLE ON THE INTERNET AT THE FOLLOWING ADDRESSES.

http://farsite.hill.af.mil

OR FOR FAR ONLY PROVISIONS/CLAUSES

http://www.arnet.gov/far/

OR FOR DFARS ONLY PROVISIONS/CLAUSES

http://www.acq.osd.mil/dp/dars/dfars/dfars.html

CLAUSES INCORPORATED BY REFERENCE

52.246-4

252.201-7000 Contracting Officer's Representative. DEC 1991

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

E-1: 52.999-4005 INSPECTION AND ACCEPTANCE AT DESTINATION

a. Inspection and acceptance of all reports and data shall be as specified in the Contract Data Requirements List. The Government may accept, conditionally accept, or reject the Contractor delivered reports and data as specified in the individual Data Requirement Items. Rejected or conditionally accepted reports and data will state any corrective action required by the Contractor. The Contractor shall make any necessary changes, modifications, or corrections to the reports or data. The Government shall take action on the corrected reports and data within the time limit specified in the individual data requirement items. Government action under this requirement shall not affect or limit any other rights the Government may have under this contract.

b. Inspection and acceptance will be made only by the authorized representative of the CO. The basis for acceptance shall be contractor conformity with contract requirements.

c. Inspection and acceptance of supplies or services to be furnished hereunder shall be made at destination specified herein.

d. The Government shall accomplish the inspection and acceptance within 30 calendar days after receipt of deliverables unless otherwise specified herein.

E-3: POINT OF INSPECTION

a. The Government reserves the right to perform quality assurance inspections at the contractor's place of performance identified in this contract. The Government will inspect the contractor's submissions (deliverables) and products as specified in this contract. The Contracting Officer’s Representative (COR), will conduct quality assurance inspections.

b. Inspection of the services at destination, performed under this contract shall be accomplished by the COR/Project Officer identified in Section Paragraph-6. Acceptance of the services, performed under this contract, shall be accomplished by the COR identified in Section G paragraph 6.

E-4: CONTRACTING OFFICER’S REPRESENTATIVE

A Project Manager, from the functional area receiving the contract services, will be appointed the COR. The COR will participate in the administration of this contract specifically to evaluate contractor performance, inspect the services for the Government, and provide a report of inspection to the contracting officer. This designation does not include authority to direct and/or authorize the contractor to make changes in the scope or terms of the contract without the written authority of the CO. The CO will notify the contractor, in writing, of the names, duties, and limitations of the COR. (See Section G Paragraph 5)

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

F-1: DELIVERIES OR PERFORMANCE

Delivery or Performance shall be as identified herein and in accordance with the schedule specified destination. The delivery address for all deliverables shall be as follows unless otherwise specified herein:

Timothy Graves 3300 75th Ave.

Landover MD 20785 Telephone: (202)-231-4991 Graves, Timothy C. [Timothy.Graves@dia.mil]

F-2: PERIOD OF CONTRACT

This contract shall be in effect for a base period of twelve (12) months, (CLIN 0001) from the date of award The Period of Performance (POP) shall be estimated as 1 September 2009 – 31 August 2010, and orders may be issued at any time during this period.

F-3: 52.999.4012 PLACE OF PERFORMANCE

Work will be performed at Government provided and/or Contractor facilities, in accordance with FAR 52.215-6, Place of Performance (Oct 1997). The place of performance shall be considered to be “origin” for the purposes of this contract. Services under this contract are to be performed at the following location unless otherwise specified herein or set forth in TO under this contract.

F-4: CONTRACTOR NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when he/she anticipates difficulty in complying with the contract schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR, in writing, giving pertinent details. However, the Contractor's data shall be informational only in character. This provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F-5 PERFORMANCE EVALUATIONS

An assessment of the Contractor's performance shall be performed at the end of each TO under the basic period of performance, before any contract options are exercised and at the completion of the contract. The Contractor Performance Assessment Reporting System (CPARS) shall be used to document the contractor’s past performance assessments under this contract.

Section G - Contract Administration Data

G-1: ACCOUNTING AND APPROPRIATION DATA:

Provided per TO.

G-2: PAYMENT INFORMATION

Payment may be made by wire transfer as follows:

Bank Name: __________________________ Street Address: ________________________ Cite, State & Zip Code: __________________ Contact /Phone: ________________________ Representative: _________________________ ABA Identifying No.: ____________________ ACH Deposit No.:_______________________ Account No: __________________________

G-3: 52.999-4015 PAYMENT ADDRESS

Payment made to the contractor under this contract shall be mailed to the following address, if contract payment cannot be received by “Electronic Funds Transfer” (EFT).

Company name: _______________________ Street Address: ________________________ Cite, State & Zip Code: __________________ Responsible Officer: ____________________ Contact /Phone: _________________________

CAGE CODE: _________________________

G-4: 52.999-4024 CONTRACTOR’S CONTRACT ADMINISTRATOR

The contractor's contract administration functions will be performed at the following address:

Company name:

Street Address:

Cite, State & Zip Code Responsible Officer:

Contact /Phone Contact /Fax: - Contact /email:

CEC/Duns No.: ________________________

CAGE CODE:__________________________

Tax Identification No.: ____________________

G-5: SUBMISSION OF INVOICES

INVOICE PROCEDURES: ELECTRONIC INVOICING REOUIREMENT (DEC 2008)

a. Invoices shall be submitted through the Electronic Invoicing internet website using the procedures described at http://www.nsa.govibusinessibusin0004.cfin unless otherwise authorized. Access to the Electronic Invoicing website requires an External Certificate Authority/Interim External Certificate Authority (ECA/IECA) PKI certificate. Information on purchasing an ECA/IECA certificate is available on the internet at:

http://iase.disa.miVoki/ecaiindex.hlml. Contact the Electronic Commerce office at (410) 854-5445 if you need additional information. After obtaining the ECA/IECA certificate, contact the Electronic Commerce office 10 obtain an account if one does not currently exist.

Section G - Contract Administration Data

G-6: 52.999-4030 PURCHASING OFFICE REPRESENTATIVE

a. The name and telephone number of the CO and COR are as follows. Addresses are shown on page one of the contract (CO block 9 of the SF 1449).

COR/Project Manager: Timothy Graves, 202-231-4991, Timothy.Graves@dia.mil

b. The address and telephone number of the paying office are: See block 18a of the SF 1449.

c. The address and telephone number of the Administrative Contracting Officer (ACO): See block 16 of the SF 1449.

G-7: SEGREGATION OF COSTS BY ORDER

The contractor is required to account for and invoice by individual TO and CLINs within each order. Failure to do so shall render the invoice improper and it shall be returned unpaid. The invoices shall reflect work charged during the period covered, as well as overall cumulative summaries for all work invoiced to date, by line item, SubClin, task or subtask.

Section H - Special Contract Requirements

H-1: 52.000-4000 NUMBERING OF LOCAL TEXT

The numbers in the 52.999-4XXX series identify local text and 52.500-4XXX identifies those FAR and DFARS clauses promulgated prior to publication or system update. These numbers are assigned for internal identification for automatic document generation.

H-2: 52.999-4034 ACTIVITIES THAT AFFECT U.S. PERSONS

This contract is sponsored by the Defense Intelligence Agency. All work and services to be performed hereunder shall be in strict compliance with procedures set forth in DOD 5240.1-R.

H-3: 52.999-4093 DISCLOSURE OF INFORMATION (DFARS 204.404.70)

a. Pursuant to the contract clause entitled “Disclosure of Information, the contractor shall not release to anyone outside the contractor’s organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless--

(1) The Contacting Officer has given prior written approval; or

(2) The information is otherwise in the public domain before the date of release.

b. Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for release. The Contractor shall submit its request to the CO at least 45 days before the proposed date for release.

c. The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the CO.

H-4: ORDERING PROCEDURES

a. Orders will be issued by a CO in accordance with the Ordering clause of this contract. Such orders may be issued from 1 September 2009 through 31 August 2010. However, the following procedures shall be used for negotiation of TO.

(1) The CO will provide the Contractor with either a Statement of Work (SOW) or Statement of Objectives (SOO) for each proposed TO which will include a description of work to be performed, desired completion date and any other information deemed necessary to the performance of the TO. Under no circumstances shall the contractor proceed with any work or incur any obligation based upon the preliminary SOW/SOO.

(2) The Contractor shall then: (i) submit to the CO a technical approach describing how the work will be performed; (ii) submit a preliminary project schedule (iii) submit a cost proposal in Work Breakdown Structure (WBS), identifying labor categories, rates and number of hours within each category required for the performance of the proposed task; (iv) identify and provide rationale for all non-labor cost elements (travel, materials etc.) required for performance; (v) and identify any Government property required for performance.

(3) Upon receipt of the proposal, the CO will analyze the proposal and, if acceptable, issue an Order directing the Contractor to commence performance. If the proposal is not fully acceptable as offered; negotiations shall be conducted prior to issuance of any Order. The contractors’ proposal for each TO will be evaluated to determine technical acceptability and cost reasonableness. In the event issues pertaining to a proposed work cannot be resolved to the satisfaction of the CO, the CO reserves the right to withdraw and cancel the proposed task. In such event, the Contractor shall be notified, via letter, of the CO's decision. This decision shall be final and conclusive and shall not be subject to the Disputes clause or the Contract Disputes Act.

b. If at any time during the performance of a TO, the actual costs of performing that order exceeds 75% of the estimated cost established on the order, the contractor shall in writing, notify the CO within 3 days. The notice shall include the contractor’s best estimate of the costs to complete performance of the order. Under no circumstances shall the contractor exceed 100% of the established cost for the TO without written authorization from the CO.

c. In any case, where services or data are defective or are not delivered, the CO may affect an equitable reduction in the amount of fixed fee. If rework of a task is required, the CO may require the contractor to rework the task at cost, with no additional fee.

If it is necessary to modify the scope of any TO, the CO will negotiate any necessary adjustments to the level of effort and estimated costs and will execute a supplemental agreement modification. Any modification that increases or decreases due to a change in scope will equitably adjusted.

d. All TO are subject to the terms and conditions of this contract. In the event of conflict between a TO and this contract, the contract shall control.

e. The Contractor is not authorized to commence performance prior to issuance of the Order by the Contracting Officer.

H-5: PROGRAM REVIEWS

The Government will conduct Program Reviews approximately every three months in accordance with schedules agreed to with the Contracting Officer’s Representative. At these reviews, the contractor shall present information in sufficient detail to permit the Government to monitor the program with respect to the achievement of planned milestones and activates, cost, problem areas, and proposed solutions. The contractor shall develop conference agendas and minutes for each program review. (Contractor Format Quarterly Program Reviews)

H-6: OTHER REVIEWS

Periodic informal, ad-hoc in-process reviews will take place during the contract’s performance period. These reviews are necessary to ensure that the Contractor is reviewing the correct data, is performing technically, and adhering to the Government security and performance guidelines. These reviews will take place on an as-needed basis during the contact period. (Meeting/Minutes Report)

H-7: COMMUNICATIONS

Except as specified in the paragraph below, NO order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under clause 52.243-2 “Changes” of this contract. The contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the CO, or is pursuant to specific authority otherwise included as a part of this contract.

H-8: LIMITATION OF AUTHORITY (MAY 1990)

a. No person in the Government, other than a CO, has the authority to provide direction to the Contractor that alters the Contractor’s obligations or changes this contract in any way. If any person representing the Government, other than the CO, attempts to alter contract obligations, change the contract specifications/statement of work or tells the Contractor to perform some effort, that the Contractor believes to be outside the scope of this contract, the Contractor shall immediately notify the CO. Contractor personnel shall not comply with any order or direction that they believe to be outside the scope of this contract, unless the order or direction is issued by a CO.

b. Only the CO, or his or her duly authorized successor, is authorized to take action on behalf of the U.S. Government, which results in changes in the terms of the contract, including deviations from specifications, details, delivery schedules and costs. Any changes in unit price, total contract prices, quantity, quality, or delivery schedule must be approved by the CO. The Contractor should never proceed with any proposed work change without written authority or direct instructions from the CO; otherwise you risk not being reimbursed. The authority to change the contract provisions rests solely with the CO.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

252.219-7003

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

http://www.arnet.gov/far/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES APR 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section J - List of Documents, Exhibits and Other Attachments

LIST OF DOCUMENT & EXHIBITS

ATTACHMENT DOCUMENT NO. OF PAGES

2 Past Performance Questionnaire 5

Section K – Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE:

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION APR 1985

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

52.204-3 TAXPAYER IDENTIFICATION OCT 1998

(a) Definitions.

“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the IRS. If the resulting contract is subject to the reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN).

* TIN:_____________________.

* TIN has been applied for.

* TIN is not required because:

* Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

* Offeror is an agency or instrumentality of a foreign government;

* Offeror is an agency or instrumentality of a Federal Government;

(e) Type of organization.

* Sole proprietorship;

* Partnership;

* Corporate entity (not tax-exempt):

* Corporate entity (tax-exempt):

* Government entity (Federal, State, or local);

* Foreign government;

* International organization per 26 CFR 1.6049-4;

* Other _________________.

(f) Common Parent.

* Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

* Name and TIN of common parent:

Name_______________________________

TIN________________________________

(End of Provision)

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) MAY 1999

(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it (__)is a women-owned business concern.

(End of provision)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS JAN 2006

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is ____________ [insert NAICS code].

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

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

(b)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (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 electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certification 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.

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)

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

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

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

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

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

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

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

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

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

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

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

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

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

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS APR 2002

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is _711410.

(2) The small business size standard is __$7 million___________.

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

(b) Representations.

(1) The offeror represents as part of its offer that it * is, * is not a small business concern.

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

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

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

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

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

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

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

(c) Definitions. As used in this provision— "Service-disabled veteran-owned small business concern"-

(1) Means a small business concern-

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

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

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

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

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

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

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

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

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

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

(d) Notice.

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

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

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

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

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

(End of Provision)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS-ALTERNATE I APR 2002

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

___ Black American.

___ Hispanic American.

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

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

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

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

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS FEB 1999

For the purposes of this provision the blank(s) are completed as follows:

The Offeror represents that—

(a) It has (__), has not (__) participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It has (__), has not (__) filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

52.222-25 AFFIRMATIVE ACTION COMPLIANCE APR 1984

The offeror represents that (a) it (__) has developed and has on file, (__) has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it (__) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

52.222-38 COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING REQUIREMENTS DEC 2001

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C.