RFQ.doc

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SALIENT CHARACTERISTICS

Please be advised that additional options have been added to the brand name or equal specifications. Please see below for the minium specifications accepted. Regardless if you are submitting brand name items or if you are submitting equal items, please attach your specifications that clearly state each minimum specification has been met.

A. Laptop (Dell Latitude D630 or Equal)

CPU

Minimum System Bus Technology & Speed: 2.20 GHz, 800 MHz FSB

Minimum L2 Cache Size: 4MB

Memory

Minimum amount of installed RAM: 2.0GB

Hard Disk Drive (HDD) Minimum amount of HD Capacity: 120GB l Interface / Rate: ATA

Optical Drive

Internal

DVD-+RW

Video Controller

Graphic Support (Vista Operations): DirectX10 hw that supports WDDM&Pixel Shader model 2.0

Minimum of dedicated Video RAM: 128MB nVidia Quadro NVS 135M

Network Support

Speed / Throughput: 100Base-T with Remote Wake Up and PXE support

Minimum of 100 MB Integrated

Wireless Support

Transmission Standard: Dell Wireless 1395 802.11g, Integrated

Modem Support

Transmission Standard: V.92 Modulation; V.44 Compression

Integrated Modem

Internal PC Card Slots

Minimum # and Type: 1 Type I or Type II

Ports

Four USB 2.0 ports required

Other Ports: RJ45, RJ 11, VGA, Mic, headphone, IrDA, PC Card, Smart card, D/ Dock

Keyboard

Section 508: 1194.26

Security

Smartcard Reader: Approved IAW Army CAC Reader Guidance

Integrated Smart Card Reader required

Operating System

Windows XP Professional (Vista Enterprise to be incorporated on a time frame determined by the end user), SP2 with media for Latitude English available as the minimum

EPEAT Rating

Bronze, Silver, or Gold

EPA Energy Star

Energy Star Requirements: Version 4.0

RoHS

2002/95/EC: 2002/95/EC

B. Desktop (Dell Optiplex 755 or Equal)

Form Factor Available Expansion Bays: Minimum of 2 Free Bays

Available Card Slots: Minimum of 2

CPU

Intel Core 2 Duo E6750 or higher

Memory

Installed RAM: Minimum of 4GB Hard Disk Drive

Capacity: Minimum of 160GB

Interface / Rate: Serial ATA Drive Cache: Minimum of 8 MB

Optical Drive

16X DVD+-RW SATA Drive

Drive Type: DVD+-RW CD-RW/DVD Speeds: 16X DVD-RW 48X CD-ROM

Video Controller

Number & Type of Video Ports: Minimum of 1-DVI, 1-VGA

Video RAM: Minimum of 256MB dedicated memory

Audio Support

Integrated

Audio Architecture: ADI 1894 High Definition Audio

Network Support

Integrated

Ports

Version: USB 2.0

Other Ports: line-in, line-out, Mic, Headphone

Mouse

USB Optical Mouse

Controls: 2-button W/ Scroll Wheel

Interface Type: USB

Keyboard

USB Keyboard with CAC Reader

Type/ # Keys: 104 Enhanced Interface Type: USB

Security

Smartcard Reader Integrated on Keyboard

Operating System

Windows XP Professional (Vista Enterprise to be incorporated on a time frame determined by the end user), SP2, x32, with Media as a minimum

Power Supply

Minimum Rated Power (Watts): 305W

EPEAT Rating

Bronze, Silver, or Gold EPA Energy Star

Energy Star Requirements: Version 4.0

RoHS

2002/95/EC: 2002/95/EC

C. Monitor (UltraSharp 1908FP 19-inch Flat Panel LCD Monitor with Height Adjustable Stand or Equal) Screen Size

19” FlatScreen

Max Resolution

1280 x 1024 / 75 Hz

Image Contrast Ratio

800:1

Response Time

5 ms

EPEAT Rating

Silver

EPA Energy Star

Yes

CLIN STRUCTURE YEAR 1

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

CLIN STRUCTURE YEAR 2

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

CLIN STRUCTURE YEAR 3

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

CLIN STRUCTURE YEAR 4

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

CLIN STRUCTURE YEAR 5

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

EACH

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS FOR BPA

Additional Instruction to Quoters The Government requests the best discounted price.

Please see the attached Contract Line Item Number (CLIN) structure. This will be the CLIN structure as it will appear in the Blanket Purchase Agreement (BPA). You may fill in your unit prices and total prices directly into the Excel Spreadsheet.

The salient characteristics for the CLINs are attached as a Word Document.

The quotation shall be prepared so it meets the following format requirements when printed in hard copy:

(1) 8 ½ x 11 inch paper

(2) Single – spaced typed lines, including figures, glossaries

(3) 1 inch margins

(4) 12-point Times New Roman font in the text and

(5) 10-point Times New Roman font in all tables

(6) No hyperlinks

(7) In Microsoft Word and Excel software (as appropriate) (PDF files are not acceptable)

Ordering Instructions

Funds Obligation: The BPA does not obligate any funds. Funds will be obligated on each call order.

Extent of Obligation: The Government is obligated only to the extent authorized and actual ordering under this BPA.

BPA Term: The anticipated period of performance is stated below, and is subject to change pending the actual date of award. The BPA Calls will be reviewed to determine if the BPA represents the most advantage method of fulfilling the Government’s needs, price and other factors considered.

Year 1:

8 September 2008 through 7 September 2009

Year 2:

8 September 2009 through 7 September t 2010

Year 3:

8 September 2010 through 7 September 2011

Year 4:

8 September 2011 through 7 September 2012

Year 5:

8 September 2012 through 7 September 2013

Ordering and Payment Procedures: Call orders placed under this BPA will be issued via:

(1) Government purchase cards ($100,000.00 or less) or,

(2) Written call orders.

The following agencies are able to place call orders on this BPA:

(1) Washington Headquarter Services (WHS) Information Technology Management Directorate (ITMD) for Government purchase cards and,

(2) Washington Headquarter Services (WHS) Acquisition & Procurement Office (A&PO) for Government purchase cards and written call orders.

The Government will supply the contractor with an initial database of Government purchase card holders who are authorized to place orders against the BPA. The contractor shall maintain a current and accurate listing of the purchase card holders. The authorized Government purchase card holders have been granted the authority to place orders and commit Government funds to the maximum dollar authority granted to the purchase card.

Payments will be made to the contractor via Government purchase card for orders placed on the Government purchase card.

The contractor shall submit invoices via Wide Area Workflow (WAWF) (see details in the clause section) for all orders issued via delivery order.

Reporting Requirements: The contractor shall submit bi-annual reports to the contract specialist (CS) that detail the ordering history for that period.

Delivery Schedule: The Contractor will deliver all equipment within 30 calendar days after receipt of call. Deliveries will be made to the address specified on the call orders issued against the BPA.

Evaluation Factors for Award

1.

The Government will consider a Quotation to be acceptable (pass/fail) when the quoter unconditionally accepts the terms and conditions of the RFQ, all proposed equipment meets or exceeds the minimum specifications/requirements specified in the salient characteristics, and the quotation is received by the established closing date/time for receipt of quotes.

2.

The Government will award the BPA to the quoter submitting an acceptable quotation that represents the best overall value to the Government on the basis of the following factors

Factor 1: Technical Approach

Factor 2: Past Performance

Factor 3: Price (including all CLINS/years)

Note: Factors 1 and 2 are of equal importance. When combined, the Factors 1 and 2 are significantly more important than Factor 3.

3.

Technical Approach: The Government will evaluate the proposed equipment to ensure that the equipment meets or exceeds the minium salient characteristics required by the Government.

4.

Past Performance:

a.

The Government will evaluate the extent that the quoter satisfied its customers and complied with federal, state, and local laws and regulations during the past three (3) years (since 22 August 2005). With regard to past performance, the term “quoter” includes the prime contractor, 1st tier subcontractors and/or teammates. The Government will evaluate the extent that subcontractors and/or teammates have played in contributing toward the quoter’s successes and/or failures in regards to the quoter’s past performance.

b.

Past performance will be evaluated as a measure of the Government’s confidence in the quoter’s ability to successfully perform work under the BPA based on the demonstrated quality of relevant and recent performance. In evaluating Past Performance evaluators will assess the:

(1) Quality of products and services

(2) Timeliness of the schedule of tasks

(3) Ability to fulfill performance requirements of the contract

(4) Ability to provide and maintain personnel and other resources

(5) Responsiveness to customer concerns and “user friendliness”

(6) How similar the scope, magnitude, and complexity are to this procurement

5.

Price: The Government will evaluate price reasonableness using price analysis techniques in FAR 13.5. The Government will evaluate quotations for the award purposes by applying the maximum quantity of each Contract Line Item Number (CLIN) with the proposed unit price to determine the annual price (for each year). The total evaluated price will be computed by adding all five years together.

PAST PERFORMANCE QUESTIONNAIRE

SOURCE SELECTION INFORMATION - SEE FAR 3.104

PAST PERFORMANCE QUESTIONNAIRE

The Washington Headquaters Services, Acquistion and Procurement Office (WHS/A&PO) is currently evaluating competitive offers for the services described herein. You have been named as a point of contact for the supplies and the services previously provided to you, by the contractor cited below. Please provide the information requested in the questionnaire. The information you provide will become a part of the source selection documentation, however your name will not be releasable to any of the parties. Should you have any questions concerning this request, please contact Ms. Meghan Morgan at meghan.morgan@whs.mil and 703.696.4013

Contractor:

Brief Summary of the Requirements/Statement of Work in the current Request for Proposal being evaluated: Provide laptops, desktops, and monitors on a per call basis to the Government. The total value to the Government will not exceed $3 Million dollars over the next five (5) years.

(To be completed by person to whom questionnaire is referred):

Background Information

a. Name of person completing this questionnaire and position with company.

________________________________________Phone: __________________

b. Contract Number: ____________________________________________

c. Description of service: ____________________________________

d. Period of Performance (all years): __________________________

e. Total value of the contract (all years)_____________________

Contractor's Past Performance

In your opinion, is the work performed under your contract similar in scope, magnitude and complexity as the work described above?

Please circle a rating in answer to each of the following questions and provide comments as appropriate.

1. To what extent did the contractor deliver quality services in a timely manner?

Outstanding Better Satisfactory Unsatisfactory

Comments:________________________________________________________

2. To what extent contractor's performance conform to the terms and conditions of the contract?

Outstanding Better Satisfactory Unsatisfactory

Comments:_______________________________________________________

3. To what extent was the contractor reasonable and cooperative during performance? (including cooperating with any successor contractor)

Outstanding Better Satisfactory Unsatisfactory

Comments: ______________________________________________________

4. To what extent was the contractor committed to customer satisfaction?

Outstanding Better Satisfactory Unsatisfactory

Comments: _______________________________________________________

In general, after considering all the above, how would you rate your overall customer satisfaction with the contractor:

(Please circle one)

Outstanding (Very highly satisfied)

Better (Above just being satisfied)

Satisfactory (Satisfied)

Unsatisfactory (Not satisfied)

Other comments: ______________________________________________________

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

$0.00

$3,000,000.00

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 provison ______________________________________________________ (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 clause)

CLAUSES INCORPORATED BY FULL TEXT

52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

PRICE

ITEM

QUANTITY

QUOTATION

TOTAL _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

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.; and

(D) Have [ballot], have not [ballot], 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. Sec. 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. Sec. 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. Sec. 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)

CLAUSES INCORPORATED BY FULL TEXT

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

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

1. Technically acceptable

2. Past Performance

3. Price

Technical and past performance, are of equal importance but when combined are significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of clause)

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

(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

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

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

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

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(ix) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

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

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

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

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

(End of clause)

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

(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)(38 U.S.C. 4212).

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

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

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

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

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

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

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

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

(End of clause)

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

(a) Definition.

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

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

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

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

Listed End Product

Listed Countries of Origin

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

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

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

(End of provision)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

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.

(End of provision)

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) [ ] 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)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Kimberly Callard, Contracting Officer, 1777 N. Kent St. Suite 12063 Rosslyn, VA 22209

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

(End of provision)

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

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

(End of clause)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

(End of provision

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/

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

(b) The use in this solicitation of any (48 CFR Chapter ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

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 insert regulation name (48 CFR ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

252.212-7000 Offeror representations and certifications- Commercial items. (JUN 2005)

(a) Definitions.

As used in this clause-

(1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415).

(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.

(b) Certification.

By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it -

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.

(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).

(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation.

(2) Representation.

The Offeror represents that it-

___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2008) (DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5 (FEB 2008) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(End of clause)

252.225-7000 BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JUN 2005)

(a) Definitions. Domestic end product, foreign end product, qualifying country, qualifying country end product, and United States have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation.

(b) Evaluation. The Government--

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that--

(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and

(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products:

(Line Item Number Country of Origin)

(Country of Origin)

(3) The following end products are other foreign end products:

(Line Item Number)

(Country of Origin) (If known)

(End of provision)

252.225-7020 TRADE AGREEMENTS CERTIFICATE (JAN 2005)

(a) Definitions. Designated country end product, nondesignated country end product, qualifying country end product, and U.S.-made end product have the meanings given in the Trade Agreements clause of this solicitation.

(b) Evaluation. The Government--

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless--

(i) There are no offers of such end products;

(ii) The offers of such end products are insufficient to fulfill the Government's requirements; or

(iii) A national interest waiver has been granted.

(c) Certification and identification of country of origin.

(1) For all line items subject to the Trade Agreements clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or…