RFP NIHOF2011430.pdf

Solicitation No. NIHOF2011430

PART I - THE SCHEDULE

SECTION B - Supplies or Services and Price/Costs SECTION C - Description/Specifications/Work Statement SECTION D - Packaging, Marking and Shipping SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance SECTION G - Contract Administration Data SECTION H - Special Contract Requirements

PART II - CONTRACT CLAUSES

SECTION I - Contract Clauses

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - List of Attachments

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications, and Other Statements of Offerors SECTION L – Instructions, Conditions, and Notices to Offerors SECTION M – Evaluation Factors for Award http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#B� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#C� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#D� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#E� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#F� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#G� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#H� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#I� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#J�

PART I--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The ORF – Office of Acquisitions at the Rocky Mountain Laboratories (RML), through this procurement, intends to award an indefinite quantity, indefinite delivery (IDIQ) contract for a base year and four (4) yearly option periods for the supply of various air filters in support of ORF maintenance. The focus is to provide air filters to the Maintenance Section function in its critical role of providing building support services to the laboratories and their supporting facilities.

ARTICLE B.2 PRICES/COSTS

In order to be considered responsive, a bidder must bid on all line items F.O. B.

destination, in the quantities stated in the Bid Schedule.

BID SCHEDULE

VARIOUS AIR FILTERS

Item Unit No. Work or Material Quantity Unit Price Amount

1 Base Year (Date of Award – 1 (See attached Scheduled B) 30 September 2012) The Contractor shall provide various air filters as identified on each delivery order.

2 Option Year 1 (1 October 2012 - 1 (See attached Schedule B) 30 September 2013 ) The Contractor shall provide various air filters as identified on each delivery order.

3 Option Year 2 (1 October 2013 - 1 (See attached Schedule B) 30 September 2014) The Contractor shall provide various air filters as identified on each delivery order.

4 Option Year 3 (1 October 2014 – (See attached Schedule B) 30 September 2015) The Contractor

5 Option Year 4 (1 October 2015 – (See attached Schedule B) 30 September 2016) The Contractor

NOTE: For the purposes of this competitive solicitation, all bidders will be required to complete the attached “Schedule B” list of air filters which have been selected as the “typical” individual order under this contract. All pricing will be F.O.B. Destination to the NIH/RML ORF location in Hamilton, MT 59840. The pricing offered under that scenario will be used as the basis of determining the contract award to the lowest offeror inclusive of option periods.

SECTION C--DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1 STATEMENT OF WORK

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to provide various air filters as ordered under individual delivery orders. Historical ordering information and other information regarding this solicitation is referenced in Section J, List of Documents, Exhibits and Other Attachments.

SECTION D--PACKAGING, MARKING AND SHIPPING

Standard commercial packaging, marking and shipping shall be utilized under this solicitation and contract.

SECTION E--INSPECTION AND ACCEPTANCE

The Contracting Officer or the duly authorized representative will inspect and accept materials and construction services to be delivered under the contract and resulting task orders. The contract/task orders will identify who will perform inspections and where the inspections will be performed. In addition, the following clauses will be incorporated by reference:

FAR 52.242-15 Stop – Work Order (Aug 1989) FAR 52.242-17 Government Delay of Work (Apr 1984) FAR 52.246-2 Inspection of Supplies – Fixed Price (Aug 1996) FAR 52.246-16 Responsibility for Supplies (Apr 1984)

SECTION F--DELIVERIES OR PERFORMANCE

ARTICLE F.1 DELIVERIES

Satisfactory performance of the contracts requirements shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative.

Deliveries of individual orders placed under this contract should typically be received within 15 days after the contractor has received the order. In the event the contractor cannot meet the 15 day delivery, the contractor shall notify the contracting office prior to issuance of the delivery order for an extended delivery time.

ARTICLE F.2 PERIOD OF PERFORMANCE

The period of performance shall be as described below:

Base Year: Date of Award – 30 September 2012 Option Year 1: 1 October 2012 – 30 September 2013 Option Year 2: 1 October 2013 – 30 September 2014 Option Year 3: 1 October 2014 – 30 September 2015 Option Year 4: 1 October 2015 – 30 September 2016

ARTICLE F.3 PERFORMANCE CLAUSES

FAR 52.211-16 Variation in Quantity (Apr 1984) FAR 52.211-17 Delivery of Excess Quantities (Sept 1989)

SECTION G--CONTRACT ADMINISTRATION DATA

ARTICLE G.1 PROJECT OFFICER

The Government's Project Officer(s) will be identified in writing to the contractor under the contract.

The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract;

and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

ARTICLE G.2 KEY PERSONNEL

Contractor personnel considered by the Government to be essential to contract performance will be identified here. The Contracting Officer must be notified prior to removing any of these individuals from the contract:

Project Manager

ARTICLE G.3 INVOICE SUBMISSION

The Contractor shall also follow the invoice submission procedures specified below to meet the requirements of a "proper invoice” pursuant to FAR Subpart 32.9, Prompt Payment. Invoices under this contract and resulting task orders will be forwarded through the Project Officer and Contracting Officer for invoice review and approval. All invoices will contain the following information:

a. Invoice Number: Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or task orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number). For example, if a contractor has already submitted an invoice number 05 on one of its contracts, or orders, it cannot use that same invoice number on any other contract or order. Payment requests with duplicate invoice numbers will be considered improper and will be returned to the contractor.

The NIH does not prescribe a particular numbering format but suggests using a job or account number for each contract and order followed by a sequential invoice number (example: 8675309-05). The only parameters for the invoice number are that it must be limited to 30 characters. There are no restrictions on the use of special characters, such as colons, dashes, forward slashes, or parenthesis.

If all or part of an invoice is suspended and the contractor chooses to reclaim those costs on a supplemental invoice, the contractor may use the same unique invoice number followed by an alpha character, such as “R” for revised (example:

8675309-05R).

b. Vendor Identification Number (VIN): Inclusion of the VIN number on the invoice is not required if the invoice identifies the contractor’s DUNS or DUNS+4 number.

c. Contractor’s Name, Address, and Points of Contact: The contractor’s name, address, and points of contact must be legible on the invoice. In the past we have seen in some instances the required information has been added by using a label that ends up covering other portions of the invoice. All information must be visible.

d. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is Office of Acquisition, ORF

e. Central Point of Distribution: The e-mail address for the Central Point of Distribution is unique to each contract. These e-mail addresses are required, the e-mail addresses may vary among and within the Office of Acquisition at the NIH, and are used to route the invoices to the proper office for processing.

f. Description of Supplies/Services: When submitting invoices under contracts with quantity based, line item pricing, the item description, unit of measure, and unit price must match those specified in the contract. For example, if the contract specifies 1 box of hypodermic needles (100/box) with a unit price of $50.00, then the invoice must state 1 box, hypodermic needles (100/box), $50.00, not 100 syringes at $0.50 each. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the contractor.

g. Freight or Delivery Charges: All freight and delivery charges must be identified as a separate line item on the invoice.

h. Invoice Coordination: It is required that the contractor coordinate the amount he/she intents to bill for any period of construction services with the Project Officer and Contracting Officer. It is further required that the Project Officer sign the invoice indicating that he/she concurs with the amount the contactor intends to bill for that period. The Project officer shall then send the invoice containing the Project Officer’s signature to the Contracting Officer for approval of payment.

The Contracting Officer will then forward the approved invoice to the Accounts Payable Office.

i. Invoice Matching Requirements: Identification of whether payment is to be made using a two-way or three-way match. This contract requires a Three-Way match.

j. Final Payment Instructions: The Contractor shall certify final payment with the following statement: “This is the final payment. No additional charges or invoices shall be submitted.” Also, the Contractor must submit a “Contractor’s Release of all Contracts” (NIH 2582) along with the final request for payment.

ARTICLE G.4 PAYMENT INQUIRIES

Inquiries regarding payment of invoices should be directed to the Accounts Payable Office, (301) 496-6088. It is recommended that contractors visit the following Silk Site to inquire about their individual invoices after a reasonable time has passed.

https://silk.nih.gov/adb/billpay

ARTICLE G.5 POST AWARD EVALUATION OF PAST PERFORMANCE

A final evaluation of contractor performance shall be conducted on this contract in accordance with FAR 42.15. The final performance evaluation shall be completed at the time of completion of the contract. The final evaluation will be submitted to the Contractor as soon as practicable. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement.

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1 REPORTING MATTERS INVOLVING FRAUD,

WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll-free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially.

The e-mail address is Htips@os.dhhs.gov.

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

P.O. Box 23489 Washington, DC 20026 Information regarding procedural matters can be found with the Office of Management Assessment page.

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SECTION I--CONTRACT CLAUSES

Article I.1 FAR 52.252-2 Clauses Incorporated by Reference (JUN 1998)

This contract incorporates the following 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.

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

CLAUSES

FAR 52.202-1 Definitions (OCT 1995) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent Fees (APR 1984) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUL

1995) FAR 52.203-7 Anti-Kickback Procedures (JUL 1995) FAR 52.203-8 Cancellation, Rescission, and recovery of Funds for Illegal or

Improper Activity (JAN 1997) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN

1997) FAR 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions (Over $100,000) (JUN 1997) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper (May 2011) FAR 52.204-7 Central Contractor Registration (APR 2008) FAR 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards (Jul 2010) FAR 52.209-6 Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUL 1995)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (May 2011)

FAR 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997) FAR 52.215-14 Integrity of Unit Prices (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (June 2003) FAR 52.219-8 Utilization of Small Business Concerns (May 2004) FAR 52.219-14 Limitations on Subcontracting (DEC 1996) FAR 52.219-28 Post-Award Small Business Program Representation

(Apr 2009) FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) FAR 52.222-3 Convict Labor (AUG 1996) FAR 52.222-20 Walsh-Healey Public Contracts Act (Oct 2010) FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (FEB 1999)

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES

(Continued)

FAR 52.222-35 Affirmative Action for Disabled Veterans and Veterans of the

Vietnam Era (APR 1998) FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) FAR 52.222-37 Employment Reports on Special Disabled Veterans and

Veterans of the Vietnam Era, and other Eligible Veterans

(SEPT 2006)

FAR 52.222-50 Combating Trafficking in Persons (FEB 2009) FAR 52.223-6 Drug-Free Workplace (JAN 1997) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-1 Buy American Act – Supplies (Feb 2009) FAR 52.225-3 Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.227-1 Authorization and Consent (Dec 2007) FAR 52.229-3 Federal, State, and Local Taxes (APR 2003) FAR 52.232-16 Progress Payments (APR 2003) FAR 52.232-17 Interest (OCT 2008) FAR 52.232-23 Assignment of Claims (JAN 1986) FAR 52.232-25 Prompt Payment (Oct 2008) FAR 52.232-33 Payment by Electronic Funds Transfer – Central Contractor

Registration (Oct 2003) FAR 52.233-1 Disputes (JUL 2002) – Alternate I (DEC 1991) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.243-1 Changes Fixed-Price (Aug 1987) FAR 52.244-6 Subcontracts for Commercial Items (FEB 2009) FAR 52.246-23 Limitation of Liability (Feb 1997) FAR 52.249-2 Termination for Convenience of the Government

(Fixed-Price) (May 2004) FAR 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991)

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES

HHSAR 352.202-1 Definitions (OCT 1995) – Alternate I (APR 1984) HHSAR 352.215-1 Instructions to Offerors – Competitive Acquisitions HHSAR 352.215-70 Late Proposals and Revisions (JAN 2006) HHSAR 352.223-70 Safety and Health (JAN 2006) HHSAR 352.232-9 Withholding of Contract Payments (JAN 2006) HHSAR 352.233-70 Litigation and Claims (APR 1984)

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES (CONTINUED)

HHSAR 352.249-14 Excusable Delays (JAN 2006) HHSAR 352.270-1 Accessibility of Meetings, Conferences, and Seminars to

Persons with Disabilities (JAN 2001) HHSAR 352.270-4 Pricing of Adjustments (JAN 2001) HHSAR 352.270-5 Key Personnel (JAN 2006) HHSAR 352.270-6 Publications and Publicity (JAN 2006) HHSAR 352.270-10 Anti-Lobbying (JAN 2006) HHSAR 352.270-13 Tobacco-Free Facilities (JAN 2006)

ARTICLE I.2 ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN

FULL TEXT

FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 October 2011 (or date of award) through 30 September 2016.

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

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

(End of clause)

FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $25,000.00;

(2) Any order for a combination of items in excess of $25,000.00; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice https://www.acquisition.gov/far/current/html/52_216.html#wp1115057� stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-22 Indefinite Quantity (Oct 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 September 2016.

(End of clause)

FAR 52.252-4 Alterations in Contract (APR 1984)

Portions of this contract are altered as follows:

_____As shown_________________________________

(End of clause)

PART III--LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

1. SF 33 Solicitation, Offer and Award

2. Schedule B, Prices/Costs

3. Historical Ordering information for Air Filters

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFEROROS

K.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

FAR 52.252-2 Clauses Incorporated by Reference (JUN 1998)

This contract incorporates the following 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.

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007) FAR 52.222-38 Compliance with Veterans’ Employment Reporting Requirements ((Dec 2001) FAR 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to

Iran-Certification (Sep 2010)

K.2 ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT

FAR 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 or 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 being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (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 paragraphs (a) (1) through (a) (3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

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

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

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

(End of provision)

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is

$14 Million

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

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

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

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

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(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sudan—Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to—

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

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

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

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

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

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

__ (A) Basic.

__ (B) Alternate I.

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

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

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

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

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

__ (ix) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

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

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

FAR CLAUSE # TITLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision) http://www.acqnet.gov/far/current/html/52_217_221.html#wp1136222� http://www.acqnet.gov/far/current/html/52_217_221.html#wp1136271� http://www.acqnet.gov/far/current/html/52_217_221.html#wp1136314� http://www.acqnet.gov/far/current/html/52_222.html#wp1147605� http://www.acqnet.gov/far/current/html/52_222.html#wp1152427� http://www.acqnet.gov/far/current/html/52_222.html#wp1155404� http://www.acqnet.gov/far/current/html/52_223_226.html#wp1168892� http://www.acqnet.gov/far/current/html/52_223_226.html#wp1168933� http://www.acqnet.gov/far/current/html/52_227.html#wp1139116� http://www.acqnet.gov/far/current/html/52_227.html#wp1145584� http://orca.bpn.gov/� http://www.acqnet.gov/far/current/html/Subpart%204_12.html#wp1073667�

FAR 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.

(b) 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 Item Quantity Price 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)

FAR 52.209-5 Certification Regarding Responsibility Matters (Dec 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 o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have o have not o, 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;

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

(D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§ 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

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

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person 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)

FAR 52.219-1 Small Business Program Representations (May 2004)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210

(2) The small business size standard is $14 Million.

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

(b) Representations.

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

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

13 CFR 124.1002.

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

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

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

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

(i) It o is, o 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 o is, o is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate 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.

(c) Definitions. As used in this provision—

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a 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 the size standard in paragraph (a) of this provision.

“Veteran-owned small business concern” means a small business concern—

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

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

“Women-owned small business concern” means a small business concern—

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

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

(d) Notice.

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

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

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

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

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

(End of provision)

FAR 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) The offeror represents that—

(a) It o has, o has not participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation;

(b) It o has, o 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)

FAR 52.222-25 Affirmative Action Compliance (Apr 1984) The offeror represents that—

(a) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the…