SF 1449 and RFQ and terms and conditions.doc

PAGE

TABLE OF CONTENTS

1.0

PURPOSE

2.0

SCOPE OF WORK

2.1 Rental Resources Furnishings and Services

2.2 Delivery, Setup, Repair and Removal

3.0

PERIOD OF PERFORMANCE

4.0

GULF COAST REGION SERVICE AREAS

5.0

ESTIMATION OF NEED AND EXTENT OF OBLIGATION

6.0

SECURITY

7.0

SAFETY

8.0

CONTRACTING REPORTING REQUIREMENTS

9.0

VENDOR INVOICING

10.1

VENDOR PRICING

11.0

DOCUMENTS TO BE SUBMITTED WITH VENDOR’S RFQ RESPONSE DOCUMENT

12.0

VENDOR SELECTION FOR AWARD

13.0

GENERAL INFORMATION AND RESPONSE SUBMISSION

13.1 Inquiries

13.2 Response Preparation and Submission

Attachments to Request for Quotes:

Attachment A City Tier Listing

Attachment B Qualification Statement, Past Performance Evaluation Worksheet

Attachment C Pricing Worksheet

A.1 – A.6 Additional Provisions/Terms and Conditions

REQUEST FOR QUOTES

NO. HSFEGC-08-Q-0030

FOR

EMERGENCY FURNISHINGS RENTAL ASSISTANCE

1.0 PURPOSE

The Department of Homeland Security/Federal Emergency Management Agency (FEMA) is seeking the services of qualified vendors to provide partial or complete basic furnishings for some of the individuals and families who are being relocated from FEMA trailers and mobile homes (temporary housing units) to Rental Resources that will be provided by FEMA. FEMA is unable to determine the actual number of furnishings that will be needed. Therefore, it is FEMA’s intent to create a Blanket Purchase Agreement (BPA) with multiple vendors and, from that BPA, issue Delivery Orders, on an as-needed, where-needed basis. An estimation of the current need is contained in paragraph 5.0.

2.0 SCOPE OF WORK

When required by FEMA, vendors will be expected to provide furnishings to partially or completely furnish a Rental Resource unit. The rental cost shall include delivery, installation, repair and/or replacement of defective furnishings, and removal of the furnishings. The expected rental period shall be six (6) months.

2.1 Rental Resources Furnishings and Services

Vendors, at a minimum, shall:

2.1.1 Provide the furnishings and services necessary to satisfy the requirements defined herein. FEMA is seeking commercial services that industry normally accords to customers at competitive prices.

2.1.2 Be capable of providing the furnishings and services for ordering agencies with multiple organization levels and geographic locations nationwide.

2.1.3 Be capable of handling multiple orders and processing individuals and families simultaneously.

2.1.4 Provide furnishings for locations that are presently concentrated in the Gulf South Region. The government may supplement its contract to allow for purchases throughout the Continental U.S.

2.1.5 Provide adequate furnishings for unfurnished or partially furnished Rental Resources which have been directly rented by FEMA.

2.1.6 Provide furnishings that are pre-approved by the government’s Contracting Officer’s Technical Representative (COTR), or designee, prior to delivery and installation. All furnishings shall comply with industry standards.

Except for partially-furnished Rental Resources, FEMA would expect to rent furnishings using a “Package Rental” arrangement. A typical “Rental Package” for a complete Rental Resource furnishing for a family of four (2 adults and 2 children) might include, but not be limited to, the following items, depending on the typical package offered by the vendor:

Adult’s room: 1 queen size bed with mattress, boxspring, frame and headboard; 4-drawer dresser with mirror; nightstand

Children’s room: 2 single size beds with mattresses, boxspring, frame and headboard; 4-drawer chest

Dining room: dining room table and 4 chairs

Living room: 2 lamps (table lamp and/or floor lamp); 2 side tables; coffee table; upholstered sofa and chair. For families with children, the end tables and coffee table should have rounded corners.

A typical “Rental Package” for a complete Rental Resource furnishing for an individual might include, but not be limited to, the adult’s room, dining room and living room configurations set out above.

Vendor may be required to provide single furnishing items for a partially furnished Rental Resource. Single furnishing items shall be selected only from vendor’s list of approved furnishing items awarded under this solicitation, or as later supplemented by FEMA.

2.1.7 When directed by the COTR, vendor shall provide Uniform Federal Accessibility Standards (UFAS)-compliant furnishings to an individual/family with special needs.

2.2 Delivery, Setup, Repair and Removal

2.2.1 All deposits and fees will be paid by FEMA.

2.2.2 Prior to providing furnishings, the vendor will work with the COTR to develop the listing of each type of furnishing to be provided to the individual/family. Vendor must receive prior approval from the COTR before delivering and installing any furnishings.

2.2.3 All delivery, setup and removal costs shall be included in vendor’s rental fees.

2.2.4 Vendor shall install required furnishings within seven (7) calendar days of notification by FEMA. Vendor shall be responsible for transporting the furnishings to the site of the Rental Resource and installing the furnishings. Vendor shall coordinate site access with the COTR. Vendor shall obtain the signature of the COTR, or the COTR’s designated representative, on the receiving document. A copy of the receiving document shall be included in the monthly report to the COTR and the Contracting Officer or Contract Specialist.

2.2.5 Vendor shall replace or repair damaged or defective furnishings within seven (7) calendar days of notification from either the FEMA call center or COTR. If damage is determined to be the responsibility of the occupant(s) in the Rental Resource (due to misuse or intentional damage), the vendor, within two (2) calendar days, shall notify the COTR by written correspondence and shall provide photographic evidence of the damage. If the damage or defect is not caused by the occupant(s), the vendor shall repair or replace the item at no cost to the government.

2.2.6 Vendor shall remove furnishings from a Rental Resource within seven (7) calendar days of notice for deactivation. Access to the Rental Resource for removal of furnishings shall be coordinated with the COTR. At deactivation, any damage to furnishings must be documented in writing and accompanied by photographic documentation prior to removal from the Rental Resource. Non-documented claims for damages will be denied. Only claims for damages above and beyond normal wear will be considered.

3.0 PERIOD OF PERFORMANCE

The base period of performance shall be from date of award of contract through February 28, 2009. An award may be extended for up to four (4) additional 12-month periods.

4.0

GULF COAST REGION SERVICE AREAS

The locations where individuals/families are currently concentrated include the metropolitan areas of: Montgomery, AL; Mobile, AL; New Orleans, LA; Lake Charles, LA; Jackson, MS; Biloxi, MS; Austin, TX; Beaumont, TX.

5.0

ESTIMATION OF NEED AND EXTENT OF OBLIGATION

The estimated minimum number of rental items needed at this time are set forth below:

The Government estimates, but does not guarantee, the minimum number of rental items. The Government is obligated only to the extent of authorized delivery orders actually made against the BPA. There is no minimum order guarantee. Vendor should state in its response if it has a minimum/maximum order requirement.

6.0

SECURITY

6.1 Vendor may have access to unclassified, but Sensitive Security Information, as well as need to know Privacy Act information. Vendor’s employees shall safeguard this information against unauthorized disclosure or dissemination, and all employees will be required to sign a non-disclosure agreement.

6.2 Vendor shall adhere to The Privacy Act of 1974, 5 USC 552a, and all related Federal, State and Local regulations when compiling date on FEMA individuals. All databases and information gathered from individuals, provided by FEMA, or created by the Vendor shall also comply with the Privacy Act and all related Federal, State and Local regulations.

7.0

SAFETY

Vendor will be required to demonstrate conformance with environmental health risks and will take all potential risks into consideration and comply with all Occupational Safety and Health considerations.

8.0

CONTRACTOR REPORTING REQUIREMENTS

8.1 Vendor shall provide the following reports to the government:

8.1.1 A weekly detailed report to the COTR, with a copy to the Contracting Officer or Contract Specialist, containing the following information: (a) Name of vendor; (b) Blanket Purchase Agreement Number; (c) Date of installation; (d) Receiving Document Number (e) Delivery location; (f) Description of furnishings provided; (g) Condition at time of delivery; (h) Repair/ replacement dates; (i) Repairs/ replacements made; and (j) any further relevant information as directed by the COTR.

8.1.2 Additional status reports as requested by the Contracting Officer or Contract Specialist.

9.0

VENDOR INVOICING

Vendor will submit invoices on a monthly basis, to the addresses provided by the COTR or Contracting Officer. Each invoice shall reference the delivery order number and the invoiced items shall match the weekly detailed report the vendor has provided to the COTR.

10.0

VENDOR PRICING

10.1 Vendor pricing shall remain firm during the term of the BPA.

10.2 It is the government’s understanding that pricing for furniture/furnishings rental is based upon location, and that locations are categorized by City Tiers. A listing of the City Tiers is included in Attachment A. Please provide the applicable City Tier on your Cost Schedule, as well as the name of the City and State. Also, indicate on Attachment A any changes to City Tiers that are applicable for your company.

10.3 Vendor shall provide pricing for a six-month rental period.

11.0

DOCUMENTS TO BE SUBMITTED WITH VENDOR’S RFQ RESPONSE DOCUMENT

11.1 The following documents shall be attached to vendor’s RFQ response document:

11.1.1 Proof of registration in Central Contractor Registry (CCR). Vendors not registered in the CCR may contact the CCR Customer Service at 1-888-227-2423, Monday – Friday: 9 – 5 ET. Responses from vendors not registered in the CCR will not be accepted.

11.1.2 A completed Qualification Statement and Past Performance Questionnaire (Attachment B).

11.1.3 Pricing Worksheet

11.1.4 The address of the store(s) available to provide the furnishings for the areas listed herein.

11.1.5 If furnishings are not located on-site, provide the time period required before delivery.

11.1.6 A copy of any rental agreement or other documentation which the vendor would request FEMA to execute for provision of the services.

11.1.7 Is a discount available for a longer-term rental? If so, please provide an explanation of the discounted structure for the applicable items.

11.1.8 Does the vendor require a minimum or maximum order? If so, please provide an explanation of the order requirements.

12.0

VENDOR SELECTION FOR AWARD

12.1 Vendors will be selected based upon the offers that will be most advantageous to the government, price and other factors considered. All vendor quotes will be evaluated based upon:

(a) Vendor local preference.

(b) The information contained in proposers Qualification Statement and Past Performance information.

(c) Quality of furnishings – is the quality sufficient to ensure the safety of the individuals or families.

(d) Availability of resources to meet the needs of the individuals or families, i.e., the location of vendor’s stores and the inventory maintained by the store.

(e) Pricing for Rental Packages and separate furnishing items.

13.0

GENERAL INFORMATION AND RESPONSE SUBMISSION

13.1 Inquiries Questions related to this Request for Quotes (RFQ) must be directed to Sharon LeRoux, Contract Specialist, at telephone: (228) 897-9583 or by e-mail: sharon.leroux@dhs.gov or by FAX: (228) 897-9655. Written responses to those questions will be forwarded to all vendors who have expressed an interest in this RFQ. Do not contact any other individual regarding this solicitation.

13.2 Response Preparation and Submission

An original and two (2) copies of your RFQ response may be mailed or hand-delivered on or before 3:00 PM CDT on Friday, June 27, 2008, Attn: Sharon LeRoux, Contract Specialist. If mailed, the address is 220 Popps Ferry Road, Biloxi, MS 39531. If hand-delivered, the address is 284 Eisenhower Drive, Biloxi, MS 39531. Your response should be identified as RFQ No. HSFEMS-08-Q-0030: EMERGENCY FURNITURE RENTAL ASSISTANCE in the bottom left-hand corner of the inside sealed envelope. In the event that your company declines to submit a response, please indicate via e-mail to the Contract Specialist at sharon.leroux@dhs.gov that you will not be submitting a response and the reason(s) why within two (2) working days after receipt of this solicitation.

ATTACHMENT A

CITY TIERS

Differences in City Tiers for your company:

TIER 1

TIER 2

TIER 3

TIER 4

ATTACHMENT B

QUALIFICATION STATEMENT

PAST PERFORMANCE EVALUATION WORKSHEET

This statement will provide information which will enable the government to evaluate the qualifications of your company and staff with regard to the requirements of this Request for Quotes. Please complete this form in its entirety and submit it along with the other required response documents. If a request in the Qualification Statement is contained in the RFQ, indicate the section in your response where that information can be found.

Name of Proposer:

Offeror DUNS No.:

Offeror e-mail address:

Offeror Physical Address:

Offeror Mailing Address:

Offeror Telephone No.:

Offeror FAX No.:

Printed Name:

Signature of Authorized Representative Title:

Date Signed:

1. TYPE OF BUSINESS:

2. TYPE OF LICENSE: (Indicate below)

CORPORATION

INDIVIDUAL

PARTNERSHIP

JOINT VENTURE

OTHER:

LOCATION:

3. TYPE OF SERVICE TO BE PROVIDED FOR RFP:

EMERGENCY FURNISHINGS RENTAL ASSISTANCE

4. NUMBER OF YEARS IN BUSINESS:

5. ON A SEPARATE SHEET PROVIDE A BRIEF HISTORY OF YOUR FIRM, STAFF SIZE

AND EXPERIENCE. SUBMIT A RESUME FOR EACH OF THE KEY PERSONNEL TO BE

ASSIGNED TO THIS PROJECT.

Not applicable to this solicitation.

6. WHAT OTHER NAME(S) HAS YOUR COMPANY OPERATED UNDER:

7. HAVE YOU OR YOUR FIRM EVER FAILED TO COMPLETE ANY WORK AWARDED TO

YOU?

YES

8. HAS ANY OFFICER OR PARTNER OF YOUR ORGANIZATION EVER BEEN AN OFFICER

OR PARTNER OF ANOTHER ORGANIZATION THAT FAILED TO COMPLETE A

NO

IF “YES”, ON A SEPARATE SHEET, PLEASE EXPLAIN.

9. HAS YOUR FIRM OR ANY PARTNERS OR OFFICERS EVER BEEN INVOLVED IN ANY

BANKRUPTCY ACTION? YES

NO

IF “YES”, ON A SEPARATE SHEET, PLEASE EXPLAIN:

10. ARE YOU PRESENTLY INVOLVED IN ANY LITIGATION WITH AN OWNER OR OTHER

NO

IF “YES”, ON A SEPARATE

SHEET, EXPLAIN KIND, PLAINTIFF, DEFENDANT, ETC., AND STATE THE CURRENT STATUS.

11. BANK REFERENCE:

ADDRESS:

CONTACT:

PHONE:

12. LIST THREE (3) REFERENCES FROM THE LAST FIVE YEARS FOR WHOM YOU PROVIDED SIMILAR SERVICES.

Contract Amount:

Contact Name and Title:

Contact Address:

Contact telephone and FAX Numbers:

Contract Amount:

Contact Name and Title:

Contact Address:

Contact telephone and FAX Numbers:

Contract Amount:

Contact Name and Title:

Contact Address:

Contact telephone and FAX Numbers:

PRICING WORKSHEET

CITY TIER ______ (Vendor please fill in)

CITY: ________________________, STATE: ______________ (Vendor please fill in)

List the items contained in this package: ________________________

List the items contained in this package: ________________________

List the items contained in this package: ________________________

List the items contained in this package: ________________________

Single rental items:

UFAS-compliant rental items:

ADDITIONAL PROVISIONS/TERMS AND CONDITIONS

A.1

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

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

NUMBER

TITLE

DATE

52.212-1

INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

(NOV 2007)

52.212-4

CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

(FEB 2007)

A.2

SOLICITATION PROVISIONS INCORPORATED WITH FULL TEXT

52.212-3

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS

(NOV 2007)

An offeror shall complete only paragraph (l) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (k) of this provision.

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

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"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 service-disabled 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 size standards in this solicitation.

"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 business concern" means a concern which 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.

"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.

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) 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 Internal Revenue Service (IRS).

(2) 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.

(3) 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 the Federal Government.

(4) 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 _________________________.

(5) Common parent.

[ ] Offeror is not owned or controlled by a common parent;

[ ] Name and TIN of common parent:

Name _____________________.

TIN _____________________.

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(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.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: N/A

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it [ ] is, [ ] is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues

__ 50 or fewer __ $1 million or less

__ 51--100 __ $1,000,001--$2 million

__ 101--250 __ $2,000,001--$3.5 million

__ 251--500 __ $3,500,001--$5 million

__ 501--750 __ $5,000,001--$10 million

__ 751--1,000 __ $10,000,001--$17 million

__ Over 1,000 __ Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either--

(A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___________________.]

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(iii) Address. The offeror represents that its address [ ] is, [ ] is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the Small Business Administration's register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, "address" refers to the address of the small disadvantaged business concern that is participating in the joint venture. (Alternate II.)

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(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 (c)(10)(i) of this provision is accurate for 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) (Alternate I.)

[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.

(d) Representations required to implement provisions of Executive Order 11246--

(1) Previous contracts and compliance. The offeror represents that--

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

(ii) It [ ] has, [ ] has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies."

(2) Foreign End Products:

Line Item No Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian or Moroccan end product," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements- Israeli Trade Act."

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made, designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country, end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) [ ] 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 Federal, state or local government 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

(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses.

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

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

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) 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 any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) __ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ] (2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (l)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in 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 paragraphs .

A.3

NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

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

NUMBER

TITLE

DATE

52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO

(OCT 1995)

THE GOVERNMENT

ALTERNATE I (OCT 1995)

52.204-6

DATA UNIVERSAL NUMBERING SYSTEM

(OCT 2003)

(DUNS) NUMBER

52.204-7

CENTRAL CONTRACTOR REGISTRATION

(JUL 2006)

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN

FEB 2006

PURCHASES

52.233-4

APPLICABLE LAW FOR BREACH OF

OCT 2004

CONTRACT CLAIM

A.4

CLAUSES INCORPORATED WITH FULL TEXT

52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS --DEVIATIONS

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions On Subcontractor Sales To The Government (SEP 2006), With Alternate I (OCT 1995) (41 U.S.C. 253g And 10 U.S.C. 2402).

[] (2) 52.219-3, Notice Of Total Hubzone Set-Aside (JAN 1999) (15 U.S.C. 657a).

[] (3) 52.219-4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (4) [Reserved]

[] (5)(i) 52.219-6, Notice Of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[] (ii) Alternate I (OCT 1995) Of 52.219-6.

[] (iii) Alternate II (MAR 2004) Of 52.219-6.

[] (6)(i) 52.219-7, Notice Of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[] (ii) Alternate I (OCT 1995) Of 52.219-7.

[] (iii) Alternate II (MAR 2004) Of 52.219-7

[] (7) 52.219-8, Utilization Of Small…