salt14.pdf

RFQP0120140009 Pa~e 1 of 25

SOLICITATIONfCONTRACTfORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2, CONTRACT NO,

7. FOR SOLICITATION

INFORMATION CALL:

9, ISSUED BY

Federal Bureau of Prisons

USP McCreary

330 FEDERAL WAY

Attn: Contracting

PINE KNOT, KY 42635

11, DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

O SEE

SCHEDULE

SEE SCHEDULE

17a. CONTRACTOR!

OFFEROR

CODE

3, AWARD/EFFECTIVE 4. ORDER NUMBER

DATE

Shaun Faulkner

12, DISCOUNT TERMS

NET 30

CODE

BULK ROAD SALT, delivered as needed for the period from date of award through March 30, 2014. Delivered in

25-29 ton single delivery loads. Delivery to be made within 5 calendar days of phone order.

Vendor will call one day prior to delivery for unloading appointment. ·Certified weight delivery ticket required payment of net weight of material purchased·. Quantity may increase or decrease as needed by the government.

25, ACCOUNTING AND APPROPRIATION DATA

RFQP0120140009

DATE

11/29/2013

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

TIME

12111/2013 10:00:00

10, THE ACQUISITION IS UNRESTRICTED OR SET ASIDE: I 00.00 % FOR

o SMALL BUSINESS D WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

D HUBZONE SMALL

BUSINESS

SMALL BuSINESS PROGRAM NAICS: 212393

D EDWOSB

D SERVICE-DISABLED

VETERAN-OWNED

SMALL SUSINESS D S(A)

13a. THIS CONTRACT IS A

DRATED ORDER UNDER DPAS

(15 CFR 700)

Sa, PAYMENT WILL BE MADE BY

13b.

4, METHOD OF

~RFQ

SIZE STANDARD:E04

RFP

CODE

Only)

27a, SOLICITATION INCORPORATES BY REFERENCE FAR 52,212·1. 52,212-4, FAR 52.212·3 AND 52,212·5 ARE ATTACHED, ADDENDA

27b, CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52,212-4, 52,212·5 IS ATTACHED, ADDENDA

28, CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ~ET FORTH

29, AWARD OF CONTRACT: REF. DATED

YOUR OFFER ON SOLICITATiON (BLOCK 5) INCLUDING ANY AD~D"'IT;;I"'O"'N"'SOR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

310. DATE SIGNED30e, DATE 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRIN7)

1112912013Edward Duncan

STANDARD FORM 1449 (REV, 0212012)

Prescribed by GSA· FAR (48 CFR) 53,212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

RFQPO 120140009 Paige 2 of 25

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

I

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: __________~_

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMEtjlT

REPRESENTATIVE I

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

REPRESENTATIVE

I

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVf i

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

DCOMPLETE DPARTIAL DFINAL

37. CHECK ~UMBER

IPARTIAL I IFINAL

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)

42b. RECEIVED AT (Location)

42c. DATE REC'D (VYIMMlDD) I42d. TOTAL CONTAINERS

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

STANDARD FORM 1449 (REV. 2/2012) BACK

RFQP0120140009 P~ge 3 of 25

Table of Contents s.w.um Description raKe Nl'mber

1 Solicitation/Contract Form ............................................................................................................................. i I

2 Commodity or Services Schedule

3 Contract Clauses

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

52.27-103-72A DEPARTMENT OF JUSTICE RESIDENCY REQUIREMENT CERTIFICATION

FORM (JUNE 2004) .............................. , ............... , ................................................................................. ,,;5

52,218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (NOV 2007)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive '

Orders--Commercial Items (Sep 2009)

52.212-5 Alt I Contract Terms and Conditions Required to Implement Statutes or Executive

Orders--Commercial Items (Sep 2009) - Alternate I (Feb 2000)

4 List of Attachments.................................................................................................................................. , 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Aug 2009)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.232-31 Invitation to Propose Financing Terms (Oct 1995)

52.212-2 Evaluation - Commercial Items (Jan 1999) .............................................................................. 2:5

RFQP0120140009 Pa~e 4 of 25

Section 2 • Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMO~NT

NO ADDITIONAL LINE INFORMATION I

t I ! I

I RFQP0120140009 P~ge 5 of 25 I!

t

, Section 3 - Contract Clauses

I I i j A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Mar l009)

I The terms and conditions for the following clauses are hereby incorporated into this solicitation and re$ulting I contract as an addendum to FAR clause 52.212-4. .

i i I

I I ,1 lColntra,r.i Terms and Conditions--Commercial Items (Mar 2009)

Clauses by Full Text

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

[EMPTY CLAUSE TEXT]

52.27-103-72A DEPARTMENT OF mSTICE RESIDENCY REQUIREMENT CERTIFICATION FORM (JUNE 2004) :

I

[EMPTY CLAUSE TEXT]

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIdNAL

EMERGENCY (NOV 2007) I

[EMPTY CLAUSE TEXT]

[END OF ADDENDUM TO FAR 52.212-4]

t

I

52.212-5 Contract Terms and Conditions ReQuired to Implement Statutes or Executive Orders--Commercial Items (Sep 2009)

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

(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.c. 7104(g)).

_ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.71 04(g)).

RFQP0120140009 Page 6 of 25

(2) 52,233-3, Protest After Award (Aug 1996) (31 U.S ,C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor porated 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) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.c. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S,c. 251 note»,

(3) 52.203-15, WhistIeblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) i

_ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5).

_ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.c. 657a).

_ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elbcts to waive the preference, it shall so indicate in its offer) (15 U.S.c. 657a). :

_ (7) [Reserved]

_ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of 52.219-6.

_ (iii) Alternate II (Mar 2004) of 52.219-6.

_ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.c. 644).

_ (ii) Alternate I (Oct 1995) of52.219-7.

_ (iii) Alternate II (Mar 2004) of 52.219-7, _ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (I5 U,S.C. 637(d)(2) and (3».

_ (ll)(i) 52,219-9, Small Business Subcontracting Plan (Apr 2008) (15 U,S.c. 637(d)(4), _ (ii) Alternate I (Oct 2001) of 52.219-9.

_ (iii) Alternate II (Oct 2001) of52,219-9.

_ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (IS U.S.C. 637(a)(14»,

(13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i».

- I _ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 UiS,C, 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). .

_ (ii) Alternate I (June 2003) of52,219-23.

_ (15) 52.219-25, Small Disadvantaged Business Participation Program -- Disadvantaged Status and Reporting (Apr 2008)'(Pub. L.

103-355, section 7102, and 10 U.S.C. 2323). .

_ (16) 52.219-26, Small Disadvantaged Business Participation Program -- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.c. 2323).

_ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2».

_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ (20) 52.222-19, Child Labor -- Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans ofthe Vietnam Era, and Other Eligible Veterans (Sept

2006) (38 U.S.C. 4212).

_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.c. 793).

RFQP0120140009 Page 7 of 25

_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

(Sept 2006) (38 U.S.c. 4212). .

_ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).·

_ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.:c.

6962( c )(3)(A)(ii». (Not applicable to the acquisition of commercially available off-the-shelf items.) .

_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.c. 6962(i)(2)(C). (Not applicable to the acquisition of commercially available off the-shelf items.)

_ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.c. 8259b).

_ (30)(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.

_ (31) 52.225-1, Buy American Act -- Supplies (Feb 2009) (41 U.S.c. lOa-l0d). .

i

_ (32)(i) 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act (June 2009) (41 U.S.C. lOa-IOd, 19LV.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.c. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). I

_ (ii) Alternate I (Jan 2004) of52.225-3.

_ (iii) Alternate II (Jan 2004) of52.225-3.

_ (33) 52.225-5, Trade Agreements (June 2009) (19 U.S.C. 2501, et seq., 19 U.S.c. 3301 note). I

_ (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered ~y the Of fice of Foreign Assets Control of the Department of the Treasury). i

_ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.c. 5 I 50).

(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(t), 10 U.S.c. 2307(f).=(38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 USC. 255(t), JO U.S.c. 2307(t). i

(39) 52.232-33, Payment by Electronic Funds Transfer -- Central Contractor Registration (Oct 2003) (31 U.S.c. 3332). i=(40) 52.232-34, Payment by Electronic Funds Transfer -- Other than Central Contractor Registration (May 1999) (31 U.~.C. 3332).

_ (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.c. 3332). i

_ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.c. 552a).

_ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124I(b) ~nd 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.]

_ (I) 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 USc. 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (MUltiple Year and Option Contradts) (Sep 2009) (29 USc. 206 and 41 U.S.c. 351, et seq.). .

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (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 (Feb

2009) (41 U.S.C. 351, et seq.).

_ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_ (8) 52.237-11, Accepting and Dispensing of$1 Coin (Sept 2008) (31 U.S.c. 51 12(P)(1».

RFQP0120140009 pige 8 of 25

(d) Comptroller General Examination o/Record. The Contractor shall comply with the provisions of this paragraph (d) ifthis contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the c1aus@ at 52.215-2, Audit and Records -- Negotiation. '

(I) The Comptroller General ofthe United States, or an authorized representative of the Comptroller General, shall have actess 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 e~amination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpalrt 4.7, Contractor Records Retention, ofthe other clauses of this contract. If this contract is completely or partially terminated, the ~ecords re lating 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, regardles~ of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not m~intain 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), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.a. 251 note».

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that off~r further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1 ,000,pOO for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontrac~ing oppor tunities. I

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans tSept 2006) (38 U.S.c. 4212). '

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.c. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment ofUnion Dues or Fees (Dec 2004) (E.O. 13201).

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g».

Alternate I (AUG 2007) of 52.222-50 (22 U.S.c. 71 04(g».

(x) 52.222-51, Exemption from Application ofthe Service Contract Act to Contracts for Maintenance, Calibration, or Repair ofCer tain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, etseq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.s.c. 351, etseq.).

RFQP0120140009 Pape 9 of 25

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. !

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.Appx. 1241(b) and II) U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. i

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

(End of clause)

52.212-5 Alt I Contract Terms and Conditions ReQuired to Implement Statutes or Executive Orders--Commercial Items (Sep 2009) - Alternate I (Feb 2000)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.c. 7104(g».

_Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7lO4(g».

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as bei$g incor porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commfrcial items:

[Contracting Officer check as appropriate.]

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 u.S.C.1253g and lO U.S.C. 2402). i

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. llO-252, Title VI, Chapter 1 (41 U.S.c. 251 note». I

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Seciion 1553 ofPub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

_ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5).

(5) 52.219-3, Notice ofTotal HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

(6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (7) [Reserved]

_ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of 52.219-6.

(iii) Alternate II (Mar 2004) of 52.219-6.

_ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.c. 644).

_ (il) ALternate I (Oct 1995) of52.219-7.

_ (iii) Alternate II (Mar 2004) of 52.219-7.

_ (lO) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.c. 637(d)(2) and (3».

RFQP0120140009 Page 10 of 25

(l1)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

(12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.c. 637(a)(14».

(13) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i». i (14)(i) 52.219~23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.c.

2323)(ifthe offeror elects to waive the adjustment, it shall so indicate in its offer.) I

(ii) Alternate I (June 2003) of52.219-23.

_ (15) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (Apr 2008) (Pub. L.

103-355, section 7102, and 10 U.S.c. 2323).

_ (16) 52.219-26, Small Disadvantaged Business Participation Prograrn- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, sec tion 7102, and 10 U.S.c. 2323).

_ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

(18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2».

(19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(20) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006)(38 U.S.c. 4212). I

(24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 USc. 793).

_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Ve~erans (Sept 2006) (38 U.S.c. 4212). .

(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).·

(27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acqui$ition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA - Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C». (Not applicable to the acquisition of commercially av4ilable off-the-shelf items.) .

_ (29) 52.223-15, Energy Efficiency in Energy- Consuming Products (Dec 2007) (42 U.S.c. 8259b). I

_ (30)(i) 52.223~16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (i.o.

13423).

(ii) Alternate I (Dec 2007) of 52.223-16.

_ (31) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.c. lOa-IOd).

_ (32)(i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (June 2009) (41 U.S.c. 10a-lOd, 19 U.$.c. 3301 note, 19 U.S.C. 2112 note, 19 U.S.c. 3805 note, Pub. L. 108-77,108-78,108-286,108-302,109-53,109-169, 109-283, andjII0-138).

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

(iii) Alternate II (Jan 2004) of 52.225-3.

I

_ (33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.c. 3301 note). i _ (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Of fice of Foreign Assets Control of the Department of the Treasury). I

(35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.c. 5150). I

(36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.c. 5150).

(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.c. 255(f), 10 U.S.c. 2307(f).

(38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.c. 255(f), 10 U.S.C. 2307(f».

_ (39) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

_ (40) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (May 1999) (31 U.S.c. 3332).

_ (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.c. 3332).

_ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.c. 552a).

RFQP0120140009 Page 11 of 25

_ (43)(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 Confracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive ordersl applicable to acquisitions of commercial items: i

[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.). I

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (MUltiple Year and Option Contra~ts) (Sep 2009) (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 (Sep 2009) (29 U.S.C. 206 and 41 p-.S.C.

1, et seq.). .

_ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or R,air of Certain Equipment - Requirements (Nov 2007) (41 U.S.c. 351, et seq.). I

_ (6) 52.222-53, Exemption from Application ofthe Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). .

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (pub. L. 110-247).

(8) 52.237-11, Accepting and Dispensing of$1 Coin (Sep 2008) (31 U.S.C. 5112(p)(J».

(d)(I) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (d)( I) in a subcontract for commercial items. Unless otherwi~e indic ated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 I

(41 U.S.C. 251 note)}.

(ii) 52.219-8, Utilization of SmaII 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 subcontrac(ing oppor tunities. .

(iii) [Reserved]

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

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

I

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

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

(viii) 52,222-41, Service Contract Act of1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Nov 2007) (22 U.S.C. 7104(g», Flow down required in accordance with paragraph

(t) ofFAR clause 52.222-50.

Alternate I (AUG 2007) of52.222-50 (22 U.S.C.7104(g».

RFQP0120140009 Pag~ 12 of 25 i

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repait of Cer tain Equipment-Requirements (Nov 2007) (41 U.S.c. 351, et seq.). i

(xi) 52.222-53. Exemption from Application of the Service Contract Act to Contracts for Certain Services Requirements (Feb 2009) (41 U.S.c. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). Flow down rJquired in accordance with paragraph (e) of FAR clause 52.226-6. .

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.c. Appx. 1241(b) and W U.S.c.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. I

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

(End of clause)

RFQP0120140009 Page 13 of 25

Section 4 • List of Attachments

Exhibits and Attachments

This Section Is Intentionally Left Blank

RFQP0120140009 PagF 14 of 25

Section 5 • Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (June 2008)

The terms and conditions for the following provisions are hereby incorporated into this solicitation as a addendum to FAR provision 52.212-1.

Provisions by Full Text

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

[EMPTY CLAUSE TEXT]

52.232-31 Invitation to Propose Financing Tenns (Oct 1995) i

(a) The offeror is invited to propose tenns under which the Government shall make contract financing payments during contact per fonnance. The financing tenns proposed by the offeror shall be a factor in the evaluation of the offeror's proposal. The finati;ing tenns ofthe successful offeror and the clause, Tenns for Financing of Purchases ofCommercial Items, at 52.232-29, shall be incorporated in any resulting contract. .

(b) The offeror agrees that in the event of any conflict between the tenns proposed by the offeror and the tenns in the clause at 52.232-29, Tenns for Financing of Purchases ofCommercial Items, the tenns of the clause at 52.232-29 shall govern.

(c) Because of statutory limitations (10 U.S.c. 2307(f) and 41 U.S.c. 255(f), the offeror's proposed financing shall not be acceptable if it does not confonn to the following limitations:

(I) Delivery payments shall be made only for supplies delivered and accepted, or services rendered and accepted in accordance with the payment tenns of this contract;

(2) Contract financing payments shall not exceed 15 percent of the contract price in advance of any perfonnance ofwork under the contract;

(3) The tenns and conditions of the contract financing must be appropriate or customary in the commercial marketplace; and

RFQP0120140009 Pag~ 15 of 25

I

(4) The tenns and conditions of the contract financing must be in the best interests of the United States.

(d) The offeror's proposal of financing tenns shall include the following:

(1) The proposed contractual language describing the contract financing (see FAR 32.202-2 for appropriate definitions of types of payments); and

(2) A listing of the earliest date and greatest amount at which each contract financing payment may be payable and the amount of each delivery payment. Any resulting contract shall provide that no contract financing payment shall be made at any earlier date <i>r in a greater amount than shown in the offeror's listing.

(e) The offeror's proposed prices and financing tenns shall be evaluated to detennine the cost to the United States of the proposal us ing the interest rate and delivery schedule specified elsewhere in this solicitation.

(End of provision)

[END OF ADDENDUM TO FAR 52.212-1]

52.212-3 Offeror Representations and Certifications--Commercial Items (Aug 2009) I

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and ce~ifica tions electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications elec~onically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) ofthis provision. I

(a) Definitions. As used in this provision-

I

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size st~ndard for the NArCS 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 nonperfonnance and for which the worker does not offer himself voluntarily; or

(2) Perfonned by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by pJocess or penalties. -I

"Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United $tates, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, th+t meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of6 U.S.C. 395(c). I

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

(l) 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.

http:http://orca.bpn.gov

RFQP0120140009 Pa~e 16 of 25

"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.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extrabtion activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the perso* (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(I) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Departmentlof the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authohzation;

i

(3) Consist of providing goods or services to marginalized populations of Sudan; I

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian Jganiza tion; r

(5) Consist of providing goods or services that are used only to promote health or education; or I

(6) Have been voluntarily suspended.

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

(I) Means a small business concern-

I

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in t e case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. ,

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

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

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

(I) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 10 I (2)) or, in the case of any publicly owned business,' not less than 51 percent of the stock of which is owned by one or more veterans; and '

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

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

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

RFQP0120140009 Page 17 of 25

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

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

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

I ~ (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that th~ repres entations 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 1 the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorpor ated in this offer by reference (See FAR 4.1201), except for paragraphs . i

[Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the puJoses of this solicitation only, ifany. I

I

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and crmplete as ofthe date ofthis offer. I

I

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

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

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

(2) Veteran-owned small business concern. [Complete only ifthe offeror represented itselfas a small business concern in p4ragraph (c)(I) ofth is 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 ifthe offeror represented itselfas a veteran-owned small business concern in paragraph (c)(2) ofthis provision.] The offeror represents as part of its offer that it is, is not a service-~isabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only ifthe offeror represented itselfas a small business concern in pa agraph (c)(I) of this provision.] The offeror represents, for general statistical purposes, that it is, is not a small disadvantaged busi ess con cern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only ifthe offeror represented itselfas a small business concern in pa agraph (c)(I) ofthis provision.] The offeror represents that it is, is not a women-owned small business concern. I

I

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

(6) Women-owned business concern (other than small business concern). [Complete only ifthe offeror is a women-owned business concern and did not represent itselfas a small business concern in paragraph (c)(I) ofthis provision.] The offeror represents that it is, a women-owned business concern.

(7) Tie bidpriority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor sur plus 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:

http:http://orca.bpn.gov

RFQP0120140009 Page 18 of 25

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Cattories un der the Small Business Competitiveness Demonstration Program. [Complete only ifthe offeror has represented itself to be 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 business in one ofthe dtsignated industry groups (DIGs).] The offeror represents as part of its offer that it is, is not an emerging small business.

I i

(ii) {Complete only for solicitations indicated in an addendum as beingfor one ofthe targeted industry categories (TICs) o,J,desig nated 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 solicdation 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 RevenueJ column if size standard stated in the solicitation is expressed in terms of annual receipts). I

I !(Check one ofthe following):

Number of Employees Average Annual Gross Revenue

50 or fewer $1 million or less

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

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

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

501 - 750 $5,000,00 I - $10 million

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

Over 1,000 Over $1 7 million

I J (9) [Complete only ifthe solicitation contains the clause at FAR 52.219-23, Notice ofPrice Evaluation Adjustmentfor Small Disad vantaged 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 I

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

I (AI It is, is not ,,,,Wed by the Small 8",ine" Admini"....on" a """II disadvantaged busine" concern and identified, o~ the date ofthis representation, as a certified small disadvantaged business concern in the database maintained by the Small Business !Adrninis

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

(B) It has, has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a 1 1 small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and i ~ that no material change in disadvantaged ownership and control has occurred since its application was submitted.

i i (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part

I

RFQP0120140009 Page 19 of 25 of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation i~ para graph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venh1re. [The offeror shall enter the name ofthe small disadvantaged business concern that is participating in the joint venture: .J

(10) HUBZone small business concern. [Complete only ifthe offeror represented itselfas a small business concern in paragraph (c)(l) ofthis provision.] The offeror represents, as part of its offer, that-

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal of fice, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordapce with 13 CFR part 126; and '

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)( 1O)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture f'The offer or shall enter the name or names ofthe HUBZone small business concern or concerns that are participating in the joint ven ure: .] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZo e repres entation.

(d) Representations required to implement provisions ofExecutive Order 11246--( 1) Previous Contracts and Compliance. T~e offeror represents that-- I

(i) It has, has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicita tion, and

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (3/ U.S. C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any ~gency, a j Member of Congress, an officer or employee of Congress or an employee of a Member ofCongress on his or her behalf in tnnection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbyin~ contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed otPcers or employees of the offeror to whom payments of reasonable compensation were made. I'

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy Ameri an 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 pro~'uct and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, 0 manufac tured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in para graph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause ofthis solicitation entitled "Buy American Act--Supplies."

(2) Foreign End Products:

RFQP0120140009 Page 20 of 25

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(l)(ii) or (g)(1)(iii) of this provision, is a d end product and that for other than COTS items, the offeror has considered components ofunknown origin to have been mi duced, or manufactured outside the United States.

,Buy mestic ed, pro

The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," I "component," "domestic end product," "end product," "foreign end product," "Free Trade…