Elevator_Cabin_Solicitation-_RFQP02101500006.pdf

MCCNEWYORK RFQP021 01500006 Page 1 of 17

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

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 14. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

RFQP02101500006

7. FOR SOLICITATION INFORMATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

CALL: TIME

MELINDA JENKINS (0) 6097231100 X5149 (F) 021fltl/2015 17:00:00 9.1SSUED BY CODE I BFTD 10. THE ACQUISITION'r.3'1J~UN~TRICTED OR 0 SET ASIDE: J 00.00 %FOR

Federal Bureau of Prisons 0 SMALL BUSINESS D WOMEN·OWNED SMALL BUSINESS (WOSB)

FCI Fort Dix

ELIGIBLE UNDER THE WOMEN-OWNED

D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 333921

NE FINANCE CENTER BUSINESS D EDWOSB

BLDG 5756 HARTFORD ROAD D SERVICE-DISABLED SIZE STANDARD: $17,000,00

VETERAN-OWNED D FORT DIX, NJ 08640 SMALL BUSINESS B(A)

11. DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

D

13a. THIS CONTRACT IS A

NET30 RATED ORDER UNDER DPAS

OSEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE

DRFQ D IFB ~RFP

15. DELIVER TO CODE I BNYM 16. ADMINISTERED BY CODE I BFTD

Federal Bureau of Prisons Federal Bureau of Prisons MCCNewYork FCI Fort Dix

!50 PARK ROW NE FINANCE CENTER

BLDG 5756 HARTFORD ROAD

NEW YORK, NY 10007 FORT DIX, NJ 08640

17a. CONTRACTOR/ CODE' I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I BFTD

OFFEROR CODE

Federal Bureau of Prisons FCI Fort Dix

NE FINANCE CENTER, ATTN: ACCOUNTING

BLDG 5756 HARTFORD ROAD

FORT DIX, NJ 08640

TELEPHONE NO.

D17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICED ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

HECKED SEE ADDENDUM

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

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY .UNIT I,JN(;J"PRIC.E AMOUNT

MCC NEW YORK-

REPLACEMENT OF TWO ELEVATOR CABINS

PER STATE ME NT OF WORK

See Continuation Sheet(s) (Use ReFerse and/or Allm.h Addilwnal Shed.< a., N<'n'.\',1'111))

25. ACCOUNTING AND APPROPRIATION DATA 126. TOTAL AWARD AMOUNT (For Govt. Use Only)

[RJ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1,52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA RARE ~ARE NOT ATTACHED D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-51S ATTACHED. ADDENDA ARE ARE NOT ATTACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

Melinda Jenkins

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA- FAR (48 CFR) 53.212

I l i I I I I I

I

RFQP021 01500006 Page 2 of 17

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

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

REPRESENTATIVE REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

OcoMPLETE 0PARTIAL DFINAL

I PARTIAL I I FINAL

38. SiR ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMM/00) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

RFQP021 01500006 Page 3 of 17

Table of Contents

Description Pa~:e Number

Solicitation/Contract Form Commodity or Services Schedule Contract Clauses

52.211-16 Variation In Quantity (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989) F A0-00 15 Inspecting The Site F A0-0024 Business Management Questionnaire 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) 52.232-32 Performance-Based Payments (Aug 2010) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-4 Alterations in Contract (Apr 1984) 52.252-6 Authorized Deviations in Clauses (Apr 1984)

List of Attachments Solicitation Provisions

52.204-8 Annual Representations and Certifications (Feb 2009) 52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005) 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998) 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions (June 1988) 52.211-4 Availability for Examination of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (June 1988) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-3 Alterations in Solicitation (Apr 1984) 52.252-5 Authorized Deviations in Provisions (Apr 1984) 52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

RFQP021 01500006 Page 4 of 17

Section 2 -Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 MCC NEW YORK- 1.000000 JB $ $

REPLACEMENT OF TWO ELEVATOR CABINS

PER STATEMENT OF WORK

Section 3 - Contract Clauses contract incorporates one or more clauses by reference, with thf~·~~im:P.itl request, the Contracting Officer will m~tke tlleir full text.avalmil,li:'l'~ll at this/these address(es): www;acquisition.gov/far

For Prompt Payment (Feb 2002) on Withholding of Payments (Apr 1984)

Payment (Oct 2008) lment Payments for Commercial Items (Oct 1995)

RFQP021 01500006 Page 5 of 17

RFQP021 01500006 Page 6 of 17

Clause rritle

52.233-1 Disputes (July 2002)

52.233-1 Alt I Disputes (July 2002)- Alternate I (Dec 1991)

52.233-3 Protest after Award (Aug 1996)

52.233-4 jApplicable Law for Breach of Contract Claim (Oct 2004)

~2.237-3 !continuity Of Services (Jan 1991)

52.237-11 !Accepting and Dispensing of $1 Coin (Sep 2008)

52.242-13 Bankruptcy (July 1995)

52.243-1 Alt I ~hanges--Fixed Price (Aug 1987)- Alternate I (Apr 1984)

52.244-6 Subcontracts for Cornrnerciallterns (Jun 201 0)

52.246-1 Contractor Inspection Requirements (Apr 1984)

52.246-23 Limitation of Liability (Feb 1997)

52.247-68 Report of Shipment (RESHIP) (Feb 2006)

52.249-1 trermination for Convenience of the Government (Fixed Price) (Short Form) (Apr 1984)

52.249-4 trermination for Convenience of the Government (Services) (Short Form) (Apr 1984)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

Clauses By Full Text

52.211-16 Variation In Quantity (Apr 1984)

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

(b) The permissible variation shall be limited to:

1 0 Percent increase 10 Percent decrease This increase or decrease shall apply to 3. * (End of clause)

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as- ( 1) The total contract quantity;

(2) Item I only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

(End of clause)

52.242-15 Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs al locable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered

RFQP02101500006 Page 7 of 17 to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

( l) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause ofthis contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

( l) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the perform ance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall al low, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

F A0-00 15 Inspecting The Site

[EMPTY CLAUSE TEXT]

F A0-0024 Business Management Questionnaire

[EMPTY CLAUSE TEXT]

52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002)

(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract; the sup plies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government's security under this contract.

(b) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financing payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at 52.212-4, Contract Terms and Conditions Commercial Items.

(c) Security for Government financing. In the event the Contractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. Upon receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such ad ditional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Government the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.

(d) Reservation of rights.

(1) No payment or other action by the Government under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause-

RFQP021 01500006 Page 8 of 17

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(e) Content of Contractor's requestfor financing payment. The Contractor's request for financing payment shall contain the following:

(I) The name and address of the Contractor;

(2) The date of the request for financing payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made; and

(4) An appropriately itemized and totaled statement of the financing payments requested and such other information as is necessary for computation of the payment, prepared in accordance with the direction of the Contracting Officer.

(f) Limitation on frequency ofjinancing payments. Contractor financing payments shall be provided no more frequently than monthly.

(g) Dates for payment. A payment under this clause is a contract financing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a prop er request for payment.

(h) Conflict between terms of offeror and clause. In the event of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (52.232-31) and the terms in this clause, the terms of this clause shall govern.

(End of clause)

52.232-32 Performance-Based Payments (Aug 20 I 0)

(a) Amount ofpayments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based pay ments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (I) and (m) of this clause.

(c) Approval and payment of requests.( I) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in ac cordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay ap proved requests on the [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is notre quired to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)( I) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Con tractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation ofperformance-based payments.( I) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based fin ance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation per centage.

RFQP021 01500006 Page 9 of 17

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price ad justments.

(e) Reduction or su~pension ofperformance-based payments. The Contracting Officer may reduce or suspend performance-based pay ments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these ac tions after finding upon substantial evidence any of the following conditions:

(I) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's--

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title. (I) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestit ure shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufactur ing aids, title to which would not be obtained as special tooling under paragraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by oth er clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termina tion clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's ap proval, provided that any significant reduction in the value of the property to which the Government has title under this clause is re ported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contract or shall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

( 6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Gov ernment under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Govern ment acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost, stolen, damanged, or destroyed, the basis of payment (the events or performance criteria) to which the property is related shall be

RFQP021 01500006 Page 10 of 17 deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contract or shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertin ent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other cri terion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable op portunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause, (I) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquida tion of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights. (I) No payment or vesting of title under this clause shall--

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause--

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(I) Content of Contractor's request for performance-based payment. The Contractor's request for performance-based payment shall contain the following:

(I) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract's description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (1)(5) of this clause, the Contractor shall make the following certi fication in each request for performance-based payment:

I certify to the best of my knowledge and belief that--

(I) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on , all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated ; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

RFQP021 01500006 Page 11 of 17

(End of clause)

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 re quest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this I these address( es):

(End of clause)

52.252-4 Alterations in Contract (Apr 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation ( 48 CFR Chapter 1) clause with an authorized devi ation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any . ( 48 CFR [insert regulation name]) clause with an author-ized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

RFQP021 01500006 Page 12 of 17

Section 4 - List of Attachments

Title sow l i l

I

RFQP021 01500006 Page 13 of 17

Section 5 - Solicitation Provisions

Provisions By Reference

2.252-1 SOLICITATION PROVISIONS'INCORPORA TED:J,l;)f~ his solicitation incorporates one or more solicitation provisions by refereric~i,~··~ ;'f()fce~d;effect asif·they were ' ' ' "· \:•::-"¥:~" ,1: tJ~~·. . '-. <~-·- ~ ' .. , ' iven in full text. Upon request, the Contracting Officer will make their full teX:rav~H~ble.·:'Jlhe;offeror i!rcautioned that the listed provisions may include blocks that must be completed by the offeroralld s¥J?:f?.J~~~i~~·i,~;A,U,Q~tion ~r offer. In lieu ·· .. ·. ", ... ,"~/.~>~:;~~-;,<"' ,_/;· ':7_~··.>' .

f submitting the full text of those provisions, the offeror may identifY the proviSic:mtJif;Plj.l'ag(~ph identifier and provide the ppropriate information with its quotation or offer. Also, the full text of a solicitarlQn~;~vi~ion ~ay be accessed lectronically at this/these address(es): www.acquisition.gov/far

Clause itle

52.250-2 SAFETY Act Coverage Not Applicable. (Feb 2009)

52.250-3 AFETY Act Block Designation I Certification. (Feb 2009)

52.250-3 All I AFETY Act Block Designation I Certification. (Feb 2009)- Alternate I (Feb 2009)

52.250-3 All II SAFETY Act Block Designation I Certification. (Feb 2009)- Alternate II (Feb 2009)

52.250-4 SAFETY Act Pre-qualification Designation Notice. (Feb 2009)

52.250-4 All I AFETY Act Pre-qualification Designation Notice. (Feb 2009)- Alternate I (Feb 2009)

52.250-4 All II AFETY Act Pre-qualification Designation Notice. (Feb 2009)- Alternate II (Feb 2009)

Provisions by Full Text

52.204-8 Annual Representations and Certifications (Feb 2009)

(a)(!) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

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

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

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

_?(i) Paragraph (d) applies.

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

RFQP021 01500006 Page 14 of 17

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate 1). This provision applies to solicitations when the con tract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

RFQP021 01500006

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

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

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

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

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

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

[Contracting Officer check as appropriate.}

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

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

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

_(A) Basic.

_(B) Alternate I.

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

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

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

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

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

_ (ix) 52.227-6, Royalty Information.

_(A) Basic.

_(B) Alternate I.

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

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifica tions Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by sub mission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applic able 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 4.120 I); except for the changes identified below. [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also in corporated in this offer and are current, accurate, and complete as of the date ofthis 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.

(End of provision)

52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005)

The offeror shall check "yes" below if the contract award will result in a required or unilateral change in cost accounting practice, in cluding unilateral changes requested to be desirable changes.

Yes No

If the offeror checked "Yes" above, the offeror shall-

RFQP02101500006 Page 16 of 17

(I) Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and

(2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.

(End of provision)

52.211-1 Availability of Specifications Listed in the GSA Index ofFederal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercia! Item Descriptions, FPMR Part 101-29, and copies of spe cifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section, Suite 8100 4 70 East L'Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions (June 1988)

The specifications cited in this solicitation may be obtained from:

(Activity) ________ _

(Complete address)-------------------------------- (Telephone number) ________ _

(Person to be contacted) _________ _

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicita tion.

(End of provision)

52.211-4 Availability for Examination of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercia! Item Descriptions (June 1988)

(Activity) ________ _

(Complete address)----------------------------------

(Telephone number) _________ _

(Person to be contacted) _________ _

(Time(s) for viewing) ________ _

(End of provision)

RFQP021 01500006 Page 17 of 17

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

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

(End of provision)

52.252-3 Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

(End of provision)

52.252-5 Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is in dicated by the addition of (DEVIATION) after the date of the provision.

(b) The use in this solicitation of any [insert regulation name] ( 48 CFR Chapter----:-------) provision with an authorized devi ation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of provision)

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

In addition to other factors, bids will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed, for the purpose of evaluating bids, that $500 would be the admin istrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed ad ministrative costs.

(End of provision)