RFQ-050507-004-08SUBSISTENCE.pdf

OMB No: 1103-0018

Expiration Date:

D

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

ADDENDA [X] ARE D ARE NOT ATTACHED. .

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED

ADDENDA DARE D ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

SOLICIT ATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF PAGES

OFFEROR TO COMPLETE BLOCKS 12,17,23,24, & 30 1 8

2. CONTRACT NO. 3. AWARD/EFF. DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION

ISSUE DATE

01/01/2008 RFQ-50507-004-08 SUBSISTENCE 11/26/2007

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFERDUE DATE!

INFORMATION CALL:

LOCAL TIME

Tammie Johnson 817-782-4109 12/14/2007

9. ISSUEDBY CODE 150507 10. THIS ACQUISITION IS C.O.B.

@ UNRESTRICTED OR

Federal Bureau of Prisons X SETASIDE: 100 % FOR:

Federal Medical Center-Carswell o SMALL BUSINESS o EMERGING SMALL BUSINESS J Street,Building3000 o HUBZONE SMALL BUSINESS D8(A) P.O. Box 27066 o SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS Fort Worth TX 76127

NAICS: 424410

SIZE STANDARD: 0100 EMPLOYEES

11. DELIVERY FOR FOB 12.DISCOUNTTERMS D 13a. THIS CONTRACT IS A RATED

14. METHOD OF SOLICITATION

DESTINATION UNLESS ORDER UNDER DPAS (15 CFR 700)

BLOCK IS MARKED

13b. RATING RFQ D IFB D RFP

D SEESCHEDULE

15. DELIVERTO CODE 150507 I DELIVERY DATE 16. ADMINISTEREDBY CODE

Federal Bureau of Prisons I 02/01/2008 Federal Bureau of Prisons

Federal Medical Center-Carswell FMC Carswell

J Street, Building 3000 "J" Street Building 3000

P.O. Box 27066 "J" Street Building 3000

Fort Worth TX 76127 Fort Worth TX 76127

17a. CONTRACTOR! CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TIN NO. I

Federal Bureau of Prisons

FMC Carswell

"J" Street Building 3000

"J" Street Building 3000 Fort Worth TX 76127

PHONE: FAX:

D17b. CHECKIF REMITTANCEIS DIFFERENTANDPUTSUCHADDRESS 18b. SUBMITINVOICESTOADDRESSSHOWW BLOCK18a UNLESSINOFFER. BLOCKBELOWIS CHECKED. X SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEMNO. SCHEDULEOFSUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 VEGETABLES, MIXED, FROZEN, CONSISTING 2,000 LB

OF 20%-30% GREEN OR WAX BEANS (ROUND

TYPE, 1/2" TO 1-1/2" IN CUTS), 20%-30%

CARROTS (DICES STYLES 3/8" TO 1/2" IN

CUBES) , 20%-30% CORN (SWEET, GOLDEN OR

25. ACCOUNTING AND APPROPRIATION DATA

126. TOTAL AWARD AMOUNT (For Govt Use Only)

D 28.CONTRACTOR ISREQUIREDTO SIGNTHISDOCUMENT AND D 29.AWARD OF CONTRACT: REF.

OFFER DATED

RETURN _ COPIES TO ISSUINGOFFICE. CONTRACTOR . YOUR OFFER ON SOLICITATION(BLOCK 5),INCLUDING

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,ISACCEPTED AS TO

OTHERWISE IDENTIFIEDABOVE AND ON ANY ADDITIONAL SHEETS ITEMS:

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b.NAME AND TITLEOF SIGNER (TYPE OR PRINT) 30e. DATE 31b.NAME OF CONTRACTINGOFFICER(TYPEOR PRINT) 31e. DATE SIGNED

SIGNED

Tammie Johnson

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITIONNUMBER

Continuation Sheet

2. CONTRACTNO. I 5. SOLICITATIONNUMBER

19.

ITEMNO.

20.

SCHEDULE OF SUPPLIES/SERVICES

YELLOW, WHOLE KERNEL), AND 10%-20%

GREEN PEAS (EARLY OR SWEET TYPE),

OPTIONAL 8%-20% LIMA BEANS (ANY SINGLE

VARIETAL TYPE), US GRADE A OR B, US

STANDARDS FOR GRADES, 20#BG, FS#

05B-614

POTATOES, "TATOR TOTS," OR COMPARABLE,

FROZEN, PRE FORMED, PRE-COOKED,

SHREDDED, & FORMED, CYLINDRICAL SHAPE,

UNSEASONED, LT TO MED LT PRE-FRY

COLOR, US STANDARDS FOR GRADES, 6/ 5#

BG/CS FS# 03B-046

CARROTS, SLICED, FROZEN, CRINKLE CUT

OK, US GRADE A, US STANDARDS FOR

GRADES, STYLE (D), 20# BG/CS FS#

05A-029.

CORN, FROZEN, WHOLE KERNEL

GRAIN, US GRADE A OR B, US

FOR GRADES OF WHOLE CORN

05B-430

PEAS GREEN EARLY FZ 245# CA

*********** ALL FROZEN ITEMS MUST

HAVE A MINIMUM SHELF LIFE OF SIX (6)

MONTHS REMAINING AT THE TIME OF

RECEIPT. RECEIPT OF ITEMS CONTINGENT

UPON FINAL APPROVAL BY THE FOOD

OR WHOLE

STANDARDS

FS#

SERVICE DEPARTMENT ***********

BEANS, GREEN, FROZEN, ROUND TYPE,

FRENCH STYLE, US GRADE A OR B, US

STANDARDS FOR GRADES, TYPE (A), STYLE

(B), (20#BG FS#05B-090.

TACO SHELLD, PRE-FORMED. 200CT/CS FS#

OA3-405

CORN TORTILLAS, 6" PRE-FORMED,

ROLLED, BAKED, ROUND SHAPE, 24-22 CT

FLEXIBLE BAG,

CID A-A-20143 SALIENT CHARACTERISTICS

ITEMS I, 24-22CT/CS. FS# 03A-401

TORTILLAS ARE TO BE MADE FRESH ON A

DAILY BASIS AND NEVER FROZEN.

DELIVERY WILL BE ON A WILL CALL BASIS

FROM 01/01/2008 TO 03/31/2008

01/01/2008

21.

QUANTITY

2.000 1 LB

2.189 I LB

2.500 1 LB

o

3,000 1 LB

112 I CS

581 CS

471 CS

PAGE OF PAGES

2 8

22.

UNIT

RFQ-50507-004-08 SUBSISTENCE

23. I 24.UNIT PRICE AMOUNT

STANDARD FORM 1449 (Rev. 3/2005)

2. CONTRACTNO. 5. SOLICITATIONNUMBER

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

FLOUR TORTILLAS, 7"

STYLE, 240 CT/CS

PRE-FORMED, FAJITA

FS# 03A-432

FLOUR TORTILLAS ARE TO BE MADE FRESH

ON A DAILY AND NEVER FROZEN.

DELIVERY WILL BE ON A WILL CALL BASIS

FROM 01/01/2008 TO 03/31/2008

FLOUR TORTILLAS, 10" PRE-FORMED, 6/24

CT/CS FS# 03A-440

TORTILLAS ARE TO BE MADE FRESH ON A

DAILY BASIS AND NEVER FROZEN.

DELIVERY WILL BE ON A WILL CALL BASIS

FROM 01/01/2008 TO 03/31/2008.

CHEESE, MOZZARELLA, LOW MOISTURE, PART

SKIM, FROZEN, 6LB BLOCK, ENCASED IN

PLASTIC, 21CFR 133.158 FS# 04A-018

CHEESE,CHEDDER, BULK, NATURAL, RIND OR

RIND LESS, TYPE US GRADE AA, A OR B, 40

LB BLOCK, NO IMITATION FS #04A--010.

CHEESE, AMERICAN, PROCESSED,

PASTUERIZED, 6 -5# LOAVES/CS, NO

IMITATION. FS# 04A-006

SUGAR, GRANULATED, INDIVIDUAL, WHITE,

2000PK/CS, DLA # 8925-01-060-6408

FS#07A-395

CORNSTARCH, 24/1# CT/CS FS#

03A-413

BAKING POWDER, CID A-A-20094 FS#

07C-028

SUGAR, BROWN, LIGHT OR MEDIUM, NOT TO

EXCEED 50 LB/CS CID A-A-20135, TYPE

II, CLASS 1 OR 2, 50#/CS FS

#07A-382

SUGAR, SUBSTITUTE, GRANULATED, NO

SACCHARIN, ACESULFAME-K OR ASPARATAME,

NON-NUTRITIVE, MX=3000, 0.13 GM PKG,

CID A-A-A20178,

TYPE I,ll, OR III, 2000/CS

FS#07A-416

SUGAR, REFINED, WHITE, POWDERED

6X-10X, CONFECTIONER'S CANE OR BEET,

DLA # 8925-00-537-7444, CID A-A-20135,

TYPE I, CLASS 3,25#

FS# 07A-406

01/01/2008 21.

QUANTITY

22.

UNIT

CS

381 CS

3,000 1 LB

1,0001 LB

4,500 I LB

250 I CS

408 1 LB

541 I LB

2,417 1 LB

300 I CS

2,926 1 LB

PAGE OF PAGES

3 8

RFQ-50507-004-08 SUBSISTENCE

23. I 24.UNITPRICE AMOUNT

2. CONTRACTNO. I 5. SOLICITATIONNUMBER

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

SUGAR, REFINED, WHITE, GRANULATED CANE

OR BEET, FINE, EXTRAFINE, OR

SUPERFINE, 50LB BAG, CID A-A-20135,

TYPE 1, CLASS 1 OR 2

DLA # 8925-01-418-2197 FS#

07A-398.

FRUIT COCKTAILS, CANNED, WATER PACKED,

US GRADE A OR B, US STANDARDS FOR

GRADES, 6-#10 CN/CS FS# 06A-115

TOMATO JUICE CANNED 12/46 OZ CAN

PEACHES, CANNED, HALVES LT SYRUP 6

#10 CN/CS

PEARS, CANNED, BARLETT, WHOLE, WATER

PACKED, US GRADE A OR B, 6-#10 CN/CS

FS #06A-265

PINEAPPLE, SLICED, CANNED, MEDIUM

WHOLE SLICES, WATER PACKED OR NATURAL

JUICES PACKED, 6-#10 CN/CS DLS #

8915-01-266-8645

JUICE, ORANGE OR ORANGE JUICE FROM

CONCENTRATE, UNSWEETENED, GRADE A

12/46 OZ CAN

SALAD OIL, VEGETABLE TYPE A SALAD

OIL. MAY BE REFINED, BLEACHED,

WINTERIZED AND DEODORIZED, CORN,

COTTONSEED, RAPESEED (LOW EURIC ACID),

SAFFLOWER, SOYBEAN, SESAME, SUNFLOWER

OR ANY COMBINATION OF OILS AND OTHER

OILS (EXCEPT OLIVE, PALM, COCONUT, AND

PEANUT OILS) 6/1 GL PLASTIC CONTAINER

FS#02A-116

DRESSING, SALAD, MAYONNAISE -TYPE,

MADE FROM COTTONSEED OIL OR CORN OIL

OR SPECIFICALLY PROCESSED FOR

STABILITY SOYBEAN OIL, 5GRAM

INDIVIDUAL PACKETS, 500 CT/CS FS

#02A-058

BEANS, DRY, BLACK, TURTLE, US #1 GRADE,

US STANDARDS FOR BLACK DRY BEANS,

ADCOP, BY THE LB, NOT TO EXCEED

50LB/CS FS#03C-029.

BEANS, CANNED, KIDNEY, IN BRINE, LT

RED OR DK RED KIDNEY BEANS, US GRADE

A, #10 CN CID-A-A-20134, PROCESS I

TYPE ~_ _FS# 03C-OOS

01/01/2008

21.

QUANTITY

22.

UNIT

12,000 1 LB

261 CS

CS

65 CS

107 1 CS

561 CS

112 1 CS

761 CS

250 I CS

648 I LB

20 I CS

PAGE OF PAGES

4 8

RFQ-50507-004-08 SUBSISTENCE

23. I 24.UNIT PRICE AMOUNT

2. CONTRACTNO. I 5. SOLICITATIONNUMBER

19.

ITEM NO.

20.

SCHEDULEOF SUPPLIES/SERVICES

BEANS, DRY, KIDNEY, DRY, LT OR DK RED,

US #1 GRADE, BY THE LB, 25 LB, NSN #

8915-00-081-0120, NOT TO EXCEED

50LB/CS FS# 03C-023

BEANS , WHITE, DRY, TPK- 2 ITEM, PEA

(NAVY) GREAT NORTHERN, US #1 GRADE,

BY THE LB, NOT TOEXCEED SO LB/CS FS#

03C-035

BEANS, DRY, PINTO, US #1 GRADE, US

STANDARD FOR BEANS, NOT TO EXCEED

50LB/BAG FS #03C-038

PEAS, DRY, SPLIT, GREEN, US #1, GRADE,

US STANDARDS FOR SPLIT PEAS, NSN#

8915-00-127-7995, NOT TO EXCEED

50LB/BAG FS#03C-091

FISH, TUNA, LIGHT OR WHITE, CHUNCK OR

SOLID , WATER PACKED, NO THREAT TO

DOLPHIN LIFE, 6/66.5 OZ/CS FS#

01C-144

PUMPKIN, CANNED, US GRADE A, US

STANDARDS FOR GRADES,

NSN#8915-0-127-9772, 6-#10 CN/CS

FS#05B-571

SHORTENING, DEEP FRY COOKERY TYPE,

FLUID, ALL VEGETABLE OIL, CID

A-A-20100, TYPE III, 4 GL/CS

FS#02A-139

MARGARINE, BULK, VEG OILS, VITAMIN A

ADDED, NOT TO EXCEED 30 LB/CS, MUST

BE KOSHER LABELED. FS# 02A-087

CEREAL, GRITS 24/1# CASE

CEREAL, ROLLED OATS, QUICK COOKING,

12/42 OZ CASE

CHOCOLATE CHIPS SEMI-SWEET 1L

CHOCOLATE, COOKING, SEMISWEET, CHIPS

(DROPS) 12 OZ. PAK, ADCOP

COCOA, NATURAL, MEDIUM FAT, NOT LESS

THAN 10% OR MORE THAN 21% COCOA FAT,

CID A-A-20034, TYPE II, 12/1#CT/CS

FS#07B-064

GELATIN, CHERRY, DESSERT POWDER, NO

PORK DERIVATIVES, MUST BE CERTIFIED

AND LABELED AS KOSHER, 12-240Z CT/CS

NSN# 8940-00-641-8961

FS# 07C-30S - --

01/01/2008 21.

QUANTITY

950 I LB

204 I LB

6,000 I LB

500 I LB

120 I CS

10 I CS

350 I CS

26,812 I LB

I

CS

125 CS

302 I LB

680 I LB

20 I CS

22.

UNIT

PAGE OF PAGES

5 8

RFQ-50507-004-08 SUBSISTENCE

23. I 24.UNIT PRICE AMOUNT

2. CONTRACTNO. 5. SOLICITATIONNUMBER

19.

ITEMNO.

20.

SCHEDULEOF SUPPLIES/SERVICES

GELATIN, STRAWBERRY, DESSERT POWDER,

NO PORK DERIVATIVES, MUST BE CERTIFIED

AND LABELED AS KOSHER, 12-240Z CT/CS

NSN # 8940-00-641-8961 FS# 07C-305

NUTS, ALMONDS, SHELLED, SLIVERED OR

SLICED, US #1 GRADE EXCEPT FOR SIZE

1/10LB FS#07C-472

NUTS, PECANS, SHELLED, PIECES, US #1

GRADE US STANDARDS FOR GRADES 10#

CASE FS# 481

NUTS, WALNUTS, ENGLISH, SHELLED,

PIECES, MIXED HALVES & PIECES, EXTRA

LIGHT COLOR, LIGHT COLOR, LIGHT AMBER

COLOR, OR AMBER COLOR, US # 1 GRADE,

US STANDARDS FOR GRADES FS#07C-496

WORCESTERSHIRE SAUCE , 4/ 1GAL

POLYPROPYLENE CONTAINER FS#

07C-706

SHAKERS, GROUND BLACK PEPPER, TABLE,

48 DISPOSABLE, NON-REFILLABLE

SHAKERS/CASE FS# 07C-716

SHAKER, SALT, TABLE, IODIZED, FINE

GRANULATED, 48 DISPOSABLE,

NON-REFILLABLE SHAKERS/CASE FS#

07C-716

PEANUT BUTTER, SMOOTH TEXTURE,

STABILIZED, FORTIFIED, US GRADE A, 5

LB RESEALABLE CONTAINER, MUST BE

LABELED AS KOSHER APPROVED, 6/5# CS

FS# 01C-551

JELLY, ASST., MIXED FRUIT, TYPE I, US

GRADE A, IN ACCORDANCE W/CID A-A-20078

MUST HAVE KOSHER LABEL, 1/2 OZ INDIV

SERVING IN A CUP OR BOAT TYPE

CONTAINER, ASSORTED FLAVOR, 200/CS

6#BOX FS# 07C-391

MUSTARD, PREPARED, LIGHT, SALAD STYLE

, COLORED YELLOW WITH TUMERIC, MILD,

MELLOW TASTE LITTLE BITE, IINDIV

SERVING SIZE, APP 5.5 GM EA, MUST BE

KOSHER LABELED, NSN #8950-00-616-5474,

500/PK/CS FS#07C-461

TOMATO CATSUP, CANNED, MADE FROM

STRAINED LIQUID OBTAINED FROM MATURE

TOMATOES OF RED OR REDDISH VARIETIES,- --- --- -.-

01/01/2008 21.

QUANTITY

22.

UNIT

PAGE OF PAGES

6 8

RFQ-50507-004-08 SUBSISTENCE

23. I 24.UNITPRICE AMOUNT

STANDARD FORM 1449 (Rev. 3/2005)

20 I CS

200 I LB

200 I LB

200 I LB

20 I CS

50 I CS

50 I CS

171 CS

50 I CS

400 I CS

149 I CS

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

2. CONTRACTNO. 5. SOLICITATIONNUMBER

PAGE OF PAGES

7 8

20.

SCHEDULE OF SUPPLIES/SERVICES

6 # 10 CN/CS, ADCOP FS# 07C-733

CATSUP, TOMATO, MADE FROM STRAINED

LIQUID OBTAINED FROM MATURE TOMATOES

OF RED OR REDDISH VARIETIES, MUST BE

KOSHER LABLED, INDIV SERVING SIZE,

200PK/CS FS#07C-731

VARIOUS FLAVORS OF POTATO CHIPS: ONE

INDIVIDUAL SERVING PER BAG, 1 OZ 1 1/4

OZ PER BAG. MUST HAVE A MINIMUM 21

DAY SHELF LIFE AFTER DELIVERY, FLAVORS

SHOULD INCLUDE BUT NOT LIMITED TO

REGULAR, BBQ, NACHOS CHIPS. FS#

03B-020.

01/01/2008 21.

QUANTITY

RFQ-50507-004-08 SUBSISTENCE

19.

ITEM NO.

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

0056 500 I CS

400 I CS

PLEASE PROVIDE A LISTING OF CHIPS

AVAILABLE. THE ABOVE CHIPS WILL BE ON

A WILL CALL BASIS FROM 01/01/2008 TO

03/31/2008.

CONTRACT NO.: REQUISITION NUMBER

PAGE OF PAGES

8 8

AWARD/EFF. DATE

01/01/2008

ADDITIONAL INFORMATION:

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED

STANDARD FORM 1449 (REV. 3/2005) BACK

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

I PARTIAL I I FINAL

D COMPLETE D PARTIAL D FINAL

38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MMlDD)

142d.TOTAL CONTAINERS

TABLE OF CONTENTS

Page

CONTRACT CLAUSES

A1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

A.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENTSTATUTES OR EXECUTIVE ORDERS-COMMERCIAL

ITEMS (JUN 2007)

SOLICITATIONPROVISiONS 6

A3 52.211-16 VARIATION IN QUANTITY (APR 1984)

A4 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 6

A5 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999)

A6 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL

ITEMS (FEB 2007)

A.7 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

A8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL ITEMS (NOV 2006) Alternate II (OCT 2000)

Page: i

Page: 1

SECTION:A

SECTION: A

CONTRACT CLAUSES

A.1 52.252-2 CLAUSES INCORPORATEDBY REFERENCE (FEB 1998)

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

http://www .arnet.gov /far

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER DATE TITLE

A.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUN 2007)

(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. 3553).

(2) 52.233-4, Applicable Lawfor 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 applicableto acquisitions of commercial items: [Contracting Officer check as appropriate.)

_ (1) 52.203-6,Restrictionson SubcontractorSalesto theGovernment(SEP2006),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" (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" (MAR 2004) of 52.219-7

_ (7) 52.219-8,Utilizationof SmallBusinessConcerns(MAY2004) (15 U.S.C. 637(d)(2) and (3».

Page: 2

_ (8) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2006) (15 U.S.C. 637(d)(4».

(ii) AlterlJateI (OCT 2001) of 52.219-9

(iii) Alternate II (OCT 2001) of 52.219-9

_ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14».

_ (10) 52.219-16, Liquidated Damages--SubcontractingPlan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i».

_ (11) (i) 52.219-23, Notice of Price EvaluationAdjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (JUN 2003) of 52.219-23.

_ (12) 52.219-25, Small Disadvantaged Business Participation Program--DisadvantagedStatus and Reporting (OCT 1999) (Pub. L. 103-355,section 7102, and 10 U.S.C. 2323).

_ (13) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

_ (14) 52.219-27, Notice of Total Service-DisabledVeteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C. 657 f).

_ (15) 52.219-28, Post-Award Small Business Program Rerepresentation (JUN 2007) (15 U.S.C.

632(a)(2».

_ (16)52.222-3, Convict labor (JUN 2003) (EO. 11755).

_ (17) 52.222-19, Child labor--Cooperation with Authorities and Remedies (JAN 2006) (EO.

13126).

XX (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

XX (19) 52.222-26, Equal Opportunity (MAR 2007) (EO. 11246).

XX (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans ofthe Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

XX (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(DEC 2004) (EO. 13201).

_ (24) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii».

(ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C».

_ (25)52.225-1,Buy American Act--Supplies (JUN 2003) (41 U.S.C.10a-10d).

_ (26) (i) 52.225-3, Buy American Act-Free Trade Agreements--Israeli Trade Act (NOV 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77,108-78, 108-286, 109-53 and 109-169).

(ii) Alternate I (JAN 2004) of 52.225-3.

Page: 3

(Hi)Alternate II (JAN 2004) of 52.225-3.

_ (27)52.225-5,Trade Agreements (NOV 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (28) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (29) 52.226-4, Notice of Disaster or EmergencyArea Set-Aside (42 U.S.C. 5150).

_ (30) 52.226-5, Restrictions on Subcontracting Outside Disaster or EmergencyArea (42 U.S.C.

5150).

_ (31) 52.232-29, Terms of Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

_ (32) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (33) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

_ (34)52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

_ (35) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C.3332).

_ (36)52.239-1,Privacyor SecuritySafeguards(AUG1996)(5 U.S.C. 552a).

_ (37) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: [Contracting Officer check as appropriate.]

_ (1) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005) (41 U.S.C. 351, et seq.).

_ (2)52.222-42,Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

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

Page:4

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

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

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

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637{d){2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(DEC 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

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

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

[End of Clause]

Page: 5

SOLICITATION PROVISIONS

A.3 52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissiblevariation shall be limited to:

10 percent increase

10 percent decrease

This increase or decrease shall apply to all.

[End of Clause]

A.4 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

[End of Clause]

A.5 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

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

Technical and past performance, when combined, are

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is

Page: 6 unacceptable if the option prices are significantly unbalanced. Evaluationof options shall not obligate the Government to exercise the option(s).

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

[End of Provision]

A.6 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FEB 2007)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming suppliesor reperformance of nonconformingservices at no increase in contract price. If repair/replacement or reperformance will not correct the defeats or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwidecommercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.

601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceeddiligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

Page: 7

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number,contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33. Payment by Electronic FundsTransfer--Central Contractor Registration, or 52.232-34, Payment by Electronic-FundsTransfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Governmentand its officers, employees and agents against liability, includingcosts, for actual or alleged direct or contributory infringementof, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall

Page: 8 be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

0) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal,State, and local taxes and duties.

(I) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediatelycause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentageof the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfactionof the Government using its standard record keeping system, have resulted from the termination.The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon-request,with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(0) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractorwill not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitationson the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C 3701, et seq., Contract Work

Page: 9

Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986;41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C 40118, Fly American; and 41 U.S.C.423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitationor contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliancewith Laws. Unique to Government Contracts paragraphsof this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, includingany license agreements for computer software.

(5) Solicitationprovisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification..

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (8) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsibreContracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph(t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to b~ incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in

Page: 10 the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect informationwithin the meaning of the "Suspensionof payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annualconfirmation requirements via the internet.at http://www.ccr.govor by calling 1-888-227-2423or 269-961-5757.

[End of Clause]

A.7 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligationunder this contract is contingent upon the availability of appropriatedfunds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

[End of Clause]

A.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (NOV

2006) Alternate II (OCT 2000)

An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certifications electronicallyat 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 U) 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;

Page: 11

(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-disabledveteran 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 biddingon 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

Page: 12 by one or more women; and whose management and daily businessoperations are controlledby one or more women.

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publiclyowned 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 eligiblefor 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 RevenueService (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 offer(Jr'sTIN.

(3) Taxpayer Identification Number (TIN).

UTIN:

U TIN has been applied for.

U TIN is not required because:

U 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 fiscai payingagent in the United States;

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

U Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

U Sole proprietorship;

U Partnership;

U Corporate entity (not tax-exempt);

W Corporate entity (tax-exempt);

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

U Foreign government;

U International organization per 26 CFR 1.6049-4;

Page: 13

U Other

(5) Common parent.

U Offeror is not owned or controlled by a common parent;

U 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 U is, U 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 businessconcern 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. [Completeonly 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 U is, U 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 U is, U 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 smallbusiness 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 U 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:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration

Page: 14

Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Completeonly 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 U is, U 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 _ 51-100 _ 101-250 _ 251-500 _ 501-750.

_ 751-1,000 _ Over1,000

_ $1 million or less _ $1,000,001-$2 million _ $2,000,001-$3.5million _ $3,500,001-$5 million _ $5,000,001-$10 million _ $10,000,001-$17million _ 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…