1_CLAUSESANDPROVISIONS.pdf

SECTION: A

CONTRACT CLAUSES

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

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

http://www.arnet.gov/far

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

NUMBER DATE TITLE

52.212-4 FEB 2007 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL

ITEMS

A.2 ADDENDUMTO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS

The terms and conditions for the following clauses are hereby incorporated into this solicitationand resulting contract as an addendumto FAR clause 52.212-4.

The following clauses are incorporated by reference,pursuant to FAR 52.252-2:

52.253-1 JAN 1991 COMPUTERGENERATEDFORMS

52.249-8 APR 1984 DEFAULT(FIXED-PRICESUPPLYAND SERVICE)

[END OF ADDENDUM TO FAR 52.212-4]

A.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2007)

(a) The Contractor shall comply with the following FederalAcquisition Regulation (FAR) clauses,which are incorporated in this contract by reference, to implementprovisions of law or Executiveorders 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 Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the ContractingOfficer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitionsof commercial items: [ContractingOfficer check as appropriate.]

- (1) 52.203-6, Restrictions on SubcontractorSales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C.2402).

- (2) 52.219-3, Notice of Total HUBZoneSet-Aside (JAN 1999) (15 U.S.C. 657a).

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- (3) 52.219-4, Notice of Price EvaluationPreferencefor HUBZoneSmall 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]

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

(ii) Alternate I (OCT 1995)of 52.219-6

(iii) Alternate II (MAR 2004) of 52.219-6

- (6) (i) 52.219-7, Notice of Partial Small BusinessSet-Aside (JUN 2003) (15 U.S.C.644).

(ii) Alternate I (OCT 1995)of 52.219-7

(iii) Alternate II (MAR 2004) of 52.219-7

- (7) 52.219-8, Utilizationof Small BusinessConcerns(MAY 2004) (15 U.S.C. 637(d)(2)and (3)).

- (8) (i) 52.219-9, Small BusinessSubcontractingPlan (NOV 2007) (15 U.S.C.637(d)(4)).

(ii) Alternate I (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 DisadvantagedBusiness 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--Disadvantaged Status 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-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C. 657 f).

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

632(a)(2)).

XX (16) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2007) (E.O.

13126).

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

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

- (20) 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).

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).

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

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

XX (24) (i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).

- (ii) Alternate I (AUG 2007) of 52.222-50.

- (25) (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)).

- (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

- (27) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

- (ii) Alternate I (DEC 2007) of 52.223-16

XX (28) 52.225-1, Buy American Act--Supplies (JUN 2003) (41 U.S.C. 10a-10d).

- (29) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (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.

XX (iii) Alternate II (JAN 2004) of 52.225-3.

- (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (31) 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).

- (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

- (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

- (34) 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)).

- (35) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (36) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003).(31 U.S.C. 3332).

- (37) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

- (38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

- (39) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

- (40) (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

Page: 4 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, (NOV 2007) (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.).

- (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

- (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

- (7) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007) (31 U.S.C. 5112(p)(1 ».

(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 this contract.

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of 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.

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

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).

(ii)

(iii)

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(iv)

(v)

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

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

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

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

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

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

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

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.

(vi)

(vii)

(viii)

(ix)

(x)

(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]

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SOLICITATION PROVISIONS

A.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitationprovisions by reference, with the same force and effect as if they were given in full text. Upon request, the ContractingOfficer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completedby the offeror and submitted with its quotationor offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraphidentifier and provide the appropriate informationwith its quotation or offer. Also, the full text of a solicitation provisionmay be accessed electronicallyat this/these address(es):

http://www.acqnet.gov

I. FEDERALACQUISITION REGULATION(48 CFR CHAPTER1) PROVISIONS

NUMBER DATE TITLE

52.212-1 NOV 2007 INSTRUCTIONSTO OFFERORS--COMMERCIALITEMS

A.5 ADDENDUMTO FAR 52.212-1, INSTRUCTIONSTO OFFERORS--COMMERCIALITEMS

The following provisions are incorporated into this solicitation by full text as follows:

A.6 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile proposal, as used in this provision,means a proposal, revision or modificationof a proposal, or withdrawal of a proposal that is transmittedto and received by the Governmentvia facsimile machine.

(b) Offerors may submit facsimile proposalsas responsesto this solicitation. Facsimileproposalsare subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipmentis: 530-827-8036.

(d) If any portion of a facsimile proposal received by the ContractingOfficer is unreadableto the degree that conformance to the essential requirementsof the solicitation cannot be ascertainedfrom the document--

(1) The Contracting Officer immediatelyshall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmissionshall be prescribedby the ContractingOfficer after consultation with the offeror; and

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(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

[End of Provision]

A.7 52.212-3 OFFEROR REPRESENTATIONSAND CERTIFICATIONS--COMMERCIALITEMS(NOV2007)

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

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

"Emerging small business" means a small businessconcernwhose size is no greater than 50 percent of the numerical size standard for the NAICScode 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 nonperformanceand 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 enforcementof which can be accomplished by process or penalties.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10)FSC 9630, Additive Metal Materials.

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

"Service-disabled veteran-owned small business concern"--

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(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabledveterans 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-disabledveterans; and

(ii) The managementand daily businessoperationsof which are controlled by one or more service-disabledveterans or, in the case of a service-disabledveteran with permanentand severe disability, the spouse or permanentcaregiver of such veteran.

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

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(1) That is at least 51 percent owned by one or morewomen; 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 managementand daily businessoperationsare controlled by one or morewomen.

(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 informationto a central contractor registration database to be eligible for award.)

(1) All offerors must submit the informationrequired in paragraphs(b)(3) through (b)(5) of this provision to comply with debt collection requirementsof 31 U.S.C. 7701(c) and 3325(d), reporting requirementsof 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulationsissued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Governmentto collect and report on any delinquentamountsarising out of the offeror's relationshipwith the Government(31 U.S.C. 7701(c)(3». If the resulting contract is subject to the payment reporting requirementsdescribed in FAR 4.904, the TIN provided hereunder may be matchedwith IRS records to verify the accuracy of the offeror'sTIN.

(3) Taxpayer Identification Number (TIN).

UTIN:

U TIN has been applied for.

U TIN is not required because:

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

U Offeror is an agency or instrumentalityof a foreign government;

U Offeror is an agency or instrumentalityof the Federal Government.

(4) Type of organization.

U Sole proprietorship;

U Partnership;

U Corporate entity (not tax-exempt);

U Corporate entity (tax-exempt);

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

U Foreign government;

U Internationalorganization per 26 CFR 1.6049-4;

U Other

(5) Common parent.

U Offeror is not owned or controlledby a common parent;

U Name and TIN of common parent:

Name

TIN

(c) Offerors must complete the following representationswhen the resulting contractwill be performedin the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror representsas part of its offer that it U is, U is not a small business concern.

(2) Veteran-ownedsmall businessconcern. [Completeonly 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-ownedsmall businessconcern.

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

(4) Small disadvantaged businessconcern. [Completeonly if the offeror representeditself 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 businessconcern. [Completeonly 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.

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

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

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

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it 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

- Over 1,000

- $1 million or less

- $1,000,001-$2million

- $2,000,001-$3.5million

- $3,500,001-$5million

- $5,000,001-$10million

- $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 Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

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

(A) It U is, U is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the

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(ii)

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

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

U Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1 002(f) and that the representation in paragraph (c)(7)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:

(10) HUBZonesmall business concern. [Completeonly if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents,as part of its offer, that--

(i) It U is, U is not a HUBZonesmall businessconcern listed, on the date of this representation, on the List of Qualified HUBZoneSmall Business Concernsmaintainedby the Small BusinessAdministration,and no material change in ownership and control, principal office, or HUBZoneemployeepercentagehas occurred since it was certified by the Small Business Administrationin accordancewith 13 CFR part 126; and

(ii) It U is, U is not a joint venture that complieswith the requirementsof 13 CFR part 126, and the representation in paragraph(c)(10)(i)of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or namesof the HUBZonesmall business concern or concerns that are participating in the joint venture: .] Each HUBZonesmall business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representationsrequired to implement provisionsof ExecutiveOrder 11246--

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

(i) It U has, U has not participated in a previouscontract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It U has, U has not filed all requiredcompliancereports.

(2) Affirmative Action Compliance.The offeror representsthat--

(i) It U has developedand has on file, U has not developedand does not have on file, at each establishment,affirmative action programs required by rules and regulationsof the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It U has not previously had contractssubject to the written affirmative action programs requirementof the rules and regulationsof the Secretary of Labor.

(e) Certification Regarding Payments to InfluenceFederalTransactions (31 U.S.C. 1352). (Appliesonly if the contract is expected to exceed $100,000.) By submissionof its offer, the offeror certifies to the

Page: 12 best of its knowledge and belief that no Federalappropriatedfunds have been paid or will be paid to any person for influencing or attemptingto influencean officer or employee of any agency, a Member of Congress, an officer or employeeof Congressor an employeeof a Member of Congresson his or her behalf in connection with the award of any resultantcontract. If any registrants under the Lobbying DisclosureAct of 1995 have made a lobbyingcontact on behalf of the offeror with respect to this contract, the offeror shall complete and submit,with its offer, OMB Standard Form LLL, Disclosureof LobbyingActivities, to provide the nameof the registrants.The offeror need not report regularly employed officers or employees of the offeror to whom paymentsof reasonablecompensationwere made.

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

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

(2) Foreign End Products:

LINE ITEM NO COUNTRYOF ORIGIN

(List as necessary)

(3) The Governmentwill evaluate offers in accordancewith the policies and proceduresof FAR Part 25.

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

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

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

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

(ii)

LINE ITEM NO COUNTRYOF ORIGIN

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(List as necessary)

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

Other Foreign End Products:

LINE ITEM NO COUNTRY OF ORIGIN

(List as necessary)

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

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

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

Canadian End Products:

LINE ITEM NO

(List as necessary)

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

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

Canadian or Israeli End Products:

LINE ITEM NO COUNTRY OF ORIGIN

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(List as necessary)

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

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

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

Other End Products:

LINE ITEM NO COUNTRY OF ORIGIN

(List as necessary)

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

(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12689).

(Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

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

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

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

[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b ).]

(1) Listed end products.

Listed End Product

BEANS (YELLOW, SOYA, AND GREEN BEANS) (BURMA) CORN (BURMA), RICE (BURMA),

SUGARCANE (BURMA)

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Listed Countries of Origin

BURMA

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

U (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced,or manufacturedin the correspondingcountry as listed for that product.

U (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provisionthat was mined, produced, or manufacturedin the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determinewhether forced or indenturedchild laborwas used to mine, produce, or manufactureany such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

U) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisitionof manufacturedend products.) For statistical purposesonly, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) U In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceedsthe total anticipated price of offered end products manufacturedoutside the UnitedStates); or

(2) U Outside the United States.

(k) Certificates regarding exemptions from the applicationof the Service Contract Act. (Certificationby the offeror as to its compliancewith respect to the contractalso constitutes its certificationas to compliance by its subcontractor if it subcontractsout the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

U (1) Maintenance,calibration, or repairof certain equipmentas described in FAR 22.1003-4(c)(1).

The offeror U does U does not certify that--

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

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

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

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

(i)

(ii)

(iii)

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

Page: 16

(I)

The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22. 1003-4(d)(2)(iii));

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov.Afterreviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (b) through (k) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

(ii)

(iii)

(iv)

[End of Provision]

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