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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

RFQP04171200011

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/11/2012

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

06/01/2012 14:00:00

CODE MIL

Federal Bureau of Prisons FCI Milan 4004 East Arkona Road Milan, MI 48160

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100 % FOR:

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMAN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED SMALL BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NAICS: 424410

SIZE STANDARD: E02

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

MILCODE15. DELIVER TO

Federal Bureau of Prisons FCI Milan 4004 East Arkona Road

CODE MIL16. ADMINISTERED BY

Federal Bureau of Prisons FCI Milan 4004 East Arkona Road

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

MILCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Milan

PO BOX 9999

Attn: Accounts Payable

MILAN, MI 48160-0090

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

FY12 Fourth Qtr Subsistence

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

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

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

TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, 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) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Lisa Erdmann

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 5/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP04171200011 Page 1 of 23

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

GOVERNMENT REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NO. 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 (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 5/2011) BACK

RFQP04171200011 Page 2 of 23

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

52.211-16 Variation In Quantity (Apr 1984) 52.211-17 Delivery of Excess Quantities (Sept 1989) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Aug 2011) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (May 2011) 52.214-31 Facsimile Bids (Dec 1989) 52.212-2 Evaluation - Commercial Items (Jan 1999) 52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

RFQP04171200011 Page 3 of 23

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beef, Ground, Patties, 4 Oz, 80% Lean, USDA Standard for ground beef per 9 CFR 319.15, delivered Frozen, (NO ORGAN OR TONGUE MEAT), Round in Shape, with Paper Separation or Individually Quick Frozen, Delivered cases must be labeled 80/20.

5,000.000000 LB $____________ $___________________

0002 Chicken, Boneless, Skinless, Raw, White or Dark, (Tender, Breast or Thigh Meat), Frozen, A or B quality per the USDA, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq. No Solution or Ingredients

Added, Any Combination of White, Dark, or White and Dark, Un-breaded.

2,000.000000 LB $____________ $___________________

0003 Chicken, Leg Quarter, Raw Ready to Cook, Frozen, U. S. Grade A, U. S. Standards, and Grades for Poultry, Un-breaded. "Leg quarter" consists of a poultry thigh and drumstick, with a portion of the back attached. Portion weight range 10 to 12 ounce.

20,000.000000 LB $____________ $___________________

0004 Fish, 4 Oz Portions, Oven Ready, Breaded, Frozen, Cut from :

Pollack, Whiting, Flounder, Cod, or Tilapia ... (Not Minced), Oven Ready Portion Weight 4 Oz, Rectangle Shape, Meets the Requirements of Grade A (65% by Weight of Fish Flesh) US Standards for

Grades Frozen Fried Fish Portions, Crumb Coated Breading, CID A-A-20325, Fish Species III, Style A, Form B, Type 2, Oven Ready Weight C, Shape (1), Fried Fish Type B, Composition A, Coating (1), . All ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

1,000.000000 LB $____________ $___________________

0005 Fish, Fillets (Practically Boneless), 4 to 6 Oz Solid Fillets, White meat fish such as: Pollack, Whiting, Flounder, Sole, Cod, Tilapia, Etc. Individually Quick Frozen or Shatter Pack, 100% net weight, No water added or glaze weight, Fish portion must meet weight requirements when thawed and drained, Delivered cases must be labeled 100% net weight, (Skin on) or (Skin off-Skinless), Grade A or B Based on the United States Standards for Grades of Fish Fillets, 100% fish, Quote MUST indicate if quoted item is (skin-on) or (skin-off)

3,600.000000 LB $____________ $___________________

0006 Beef, Ground, Regular Grind, 80% Lean, USDA Standard for ground beef per 9 CFR 319.15, delivered Frozen, (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled 80/20, PRODUCT MUST BE IN SEALED BAGS, NO OPEN BAGS OR

PACKAGING.

10,000.000000 LB $____________ $___________________

0007 Pork Loin Chops, Boneless, 4 oz. Target Portions, Imps# 1410B, Frozen, The chops are prepared from Item No. 413. No Mis-cuts, No Injection or solution.

1,000.000000 LB $____________ $___________________

0008 Pork Roast, Pork, Shoulder, Boston Butt, Boneless, Raw, IMPS 406A, Frozen, No Solution or Ingredients Added, No Paper Wrapping, Weight Range A or B, 4 to 8 lb, Quote MUST indicate average roast weight of quoted item.

1,200.000000 LB $____________ $___________________

0009 Raw Beef Roast, Beef Round, Top or Bottom (Gooseneck), IMPS 168, 170, 170A, 171, 171A, 171B Frozen, weight range 28 lb and down. Quote MUST indicate actual IMPS & average roast weight of quoted item.

2,500.000000 LB $____________ $___________________

0010 Salami, Beef and Turkey Artificial Casing 3.5" - 4.5" Diameter, Frozen, No Organ meat, All ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food

Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

500.000000 LB $____________ $___________________

0011 Sausage, Beef, Turkey or Chicken, 2 Oz Patties, Frozen, (no mechanically separated, Comminuted meat) The finished products may not contain more than 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name. All

2,000.000000 LB $____________ $___________________

RFQP04171200011 Page 4 of 23 ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

0012 Fish, Tuna, Light Meat, Chunk, Packed in Water, 6 - 66.5 oz Cans or 6 - 22 oz Dry Packed Flexible Pouches per case, CID A-A-20155C, Type A or B, Form 1, Color A, Packing Media 1, Salt/sodium Level A, Quote must specify if bidding on cans or pouches.

56.000000 CS $____________ $___________________

0013 Turkey, Boneless, Roast, Raw, Natural, Boned Rolled and Tied, netted or in roasting pack, 8 -12 lb Range, Breast Meat (Minimum) 50 %, Skin (Maximum) 12.5%, Sodium content per 4 oz serving must not exceed 200 mg, Label must have nutritional information to include sodium content per serving.

1,200.000000 LB $____________ $___________________

0014 Beans, Dry, Pinto, Whole, CID A-A-20337, Type II Class 1 2,500.000000 LB $____________ $___________________

0015 Bran Muffin mix, 50 lb bag 40.000000 BG $____________ $___________________

0016 Vegetable, Carrots, Diced or Sliced, Canned, 6 - #10 Cans per Case, Packed to standard U. S. Grade B or Better, Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, Minimum Drain Weight 66 oz., Grade Standard Reference Title 7 CFR 52.673

56.000000 CS $____________ $___________________

0017 Tomato Catsup, 6 - #10 Cans per Case, US Grade A, U. S.

Standards for Grades

56.000000 CS $____________ $___________________

0018 Cheese, Cheddar, Natural, Mild, Yellow, As specified in the Code of Federal Regulations, TITLE 21, CHAPTER I, SUBCHAPTER B, PART 133 -- CHEESES AND RELATED CHEESE PRODUCTS , Subpart B, 133.113 Loaf/Block or Shredded Coarse, Rineless, Aged 30 - 60 Days, Milk Fat Solids: 50% Minimum, Moisture 39% Maximum, Wisconsin Grade A or Equivalent, Packaging: 5 lb to 40 lb sealed Bags or containers

2,400.000000 LB $____________ $___________________

0019 Vegetable, Corn, Whole Kernel, Canned, Packed to standard U. S.

Grade B or Better, Golden, Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, 6 - #10 Cans per Case or 6/75 oz. vac-pack Cans per

Case, Minimum Drain Weight 70 oz wet pack, 75 oz. vac- pack., Grade Standard Reference Title 7 CFR 52.883

112.000000 CS $____________ $___________________

0020 Dressing, Salad, Mayo Style, 4 - 1 Gallon Plastic Containers per case, CID A-A-20140C, Type II, Style A

60.000000 CS $____________ $___________________

0021 Eggs, frozen, 30 lb case 150.000000 CS $____________ $___________________

0022 Vegetable, Potatoes, White, French Fries, Frozen, Grade A, Ovenable, Crinkle cut or Straight Cut, 3/8" X 3/8" or 1/2" x 1/2", 30% to 34% solids, Originated from crops that have been 100 percent grown, processed, and packed in the

Grade Standard Reference Title 7 CFR 52.2395

9,000.000000 LB $____________ $___________________

0023 Vegetable, Beans, Green, Canned, Blue Lake Variety, Cut, 6 - #10 Cans per Case, Packed to standard of U. S. Grade B or Better, Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, Minimum Drain

Weight 60 oz, Grade Standard Reference Title 7 CFR 52.449

168.000000 CS $____________ $___________________

0024 Vegetable, Greens, Collard, 6 - #10 Cans per Case, Packed to standard US Grade B or Better, Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. Standard Reference Title CFR 52.

56.000000 CS $____________ $___________________

0025 Syrup, Imitation Maple, Regular Style, Thick, 4 - 1 Gallon Plastic Containers per Case

60.000000 CS $____________ $___________________

0026 Jelly, Assorted Bulk 6 -#10 cans per case 56.000000 CS $____________ $___________________

0027 Vegetables, Mixed, 6 - #10 Cans per Case, Packed to standard of CID A-A-20120D, Minimum Drain Weight 65 oz. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

112.000000 CS $____________ $___________________

RFQP04171200011 Page 5 of 23

0028 Cheese, Mozzarella, Part Skim, As specified in the Code of Federal Regulations, TITLE 21, CHAPTER I, SUBCHAPTER B, PART 133 -- CHEESES AND RELATED CHEESE PRODUCTS , Subpart B,

133.156 Loaf/Block or Shredded, Low Moisture, Milk Fat in Solids:

40% Minimum, Moisture 52% Maximum, Wisconsin Grade A or Equivalent, Packaging: 5 lb to 40 lb sealed Bags or containers

400.000000 LB $____________ $___________________

0029 Peanut Butter, Packaging: 5 lb to 40 lb Containers, Regular, Stabilized, Non-fortified, CID A-A-20328A, Style I, Class A, Texture 1, Type A

1,200.000000 LB $____________ $___________________

0030 Vegetable, Peas and Carrots Mixed, Packed to standard US Grade B or Better, Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, Carrots to be Diced, Peas not less than 50% of drained weight, Carrots not less than 25%, 6 - #10 Cans per Case, Minimum Drain Weight 70 oz., Grade Standard Reference Title 7 CFR 52.6203

56.000000 CS $____________ $___________________

0031 Vegetable, Peas, Green, Sweet, Canned, Packed to standard US Grade B or Better, Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, 6 - #10 Cans per Case, Minimum Drain Weight 70 oz., Grade

Standard Reference Title 7 CFR 52.228

112.000000 CS $____________ $___________________

0032 Pizza, Prepared, Frozen, Cheese, approximately 4 to 6 oz Portion, Thin Enriched Wheat Crust, Mozzarella Cheese per (21 CFR 133.155), Packed as pre-cut sheets, individually quick frozen, CID, A-A-20277, Type I, Style of Pizza A, Type of Cheese A, Size (b), Shape 2, Cut a. -Ingredients: pizza will consist of a dough crust, tomato sauce, cheese and spices. The dough crust will contain enriched flour and yeast and/or other leavening agents. The sauce shall be prepared from peeled and cored tomatoes, tomato puree, and/or tomato paste; water; and spices, including salt; and/or other ingredients as appropriate. Product shall be manufactured not more than 180 days prior to delivery. Quote MUST indicate actual portion weight, dimensions, & case pack

3,250.000000 EA $____________ $___________________

0033 Potato chips, individual, 60 count case 500.000000 CS $____________ $___________________

0034 Rice, Parboiled Light, Long Grain, U. S. No. 1 or 2 - U. S.

Standards for Grades

2,500.000000 LB $____________ $___________________

0035 Oil, Salad, Bulk, 5 gallon container, CID A-A-20091D, Type I, Canola (rapeseed), corn, cottonseed, olive (refined), safflower, soybean, sesame, sunflower, or any other vegetable oils or combinations of these oils.

60.000000 CR $____________ $___________________

0036 Shortening, 50 lb Block, General Purpose, All Vegetable, Solid, CID A-A-20100C, Type I

60.000000 BL $____________ $___________________

0037 Vegetable, Spinach, Cut, 6 - #10 Cans per Case, U. S. Grade A, Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

56.000000 CS $____________ $___________________

0038 Tomato, Paste, 6 - #10 Cans per Case, U. S. Grade A, U. S.

Standards for Grades,

56.000000 CS $____________ $___________________

0039 Tomato, Crushed, Peeled, Tomato Soluble Solids (TSS) 12% or Greater; Color, Flavor, Oder to be equivalent to Grade A for Tomato Puree; 6 - #10 Cans per Case, Minimum Drain Weight 63.5 oz., Grade Standard Reference Title 7 CFR 52.5168

56.000000 CS $____________ $___________________

RFQP04171200011 Page 6 of 23

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (June 2010)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far

Clause Title

52.212-4 Contract Terms and Conditions--Commercial Items (June 2010)

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:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to 1.*

(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 1 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)

52.211-17 Delivery of Excess Quantities (Sept 1989)

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

RFQP04171200011 Page 7 of 23 tained and paid for by the Government at the contract unit price.

(End of clause)

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)

(a) Definitions. As used in this clause -

"Apparently wholesome food” means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other condi-tions.

“Excess food” means food that -

(1) Is not required to meet the needs of the executive agencies; and

(2) Would otherwise be discarded.

“Food-insecure” means inconsistent access to sufficient, safe, and nutritious food.

“Nonprofit organization” means any organization that is -

(1) Described in section 501(c) of the Internal Revenue Code of 1986; and

(2) Exempt from tax under section 501(a) of that Code.

(b) In accordance with the Federal Food Donation Act of 2008 (Pub. L. 110-247), the Contractor is encouraged, to the maximum ex-tent practicable and safe, to donate excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States.

(c) Costs. (1) The Contractor, including any subcontractors, shall assume the responsibility for all the costs and the logistical support to collect, transport, maintain the safety of, or distribute the excess, apparently wholesome food to the nonprofit organization(s) that provides assistance to food-insecure people.

(2) The Contractor will not be reimbursed for any costs incurred or associated with the donation of excess foods. Any costs incurred for excess food donations are unallowable.

(d) Liability. The Government and the Contractor, including any subcontractors, shall be exempt from civil and criminal liability to the extent provided under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791). Nothing in this clause shall be con-strued to supersede State or local health regulations (subsection (f) of42 U.S.C. 1791).

(e) Flowdown. The Contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders, and other similar instruments greater than $25,000 with its subcontractors or suppliers, at any tier, who will perform, under this contract, the provision, service, or sale of food in the United States.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Aug 2011)

(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:

(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.7104(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 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).

RFQP04171200011 Page 8 of 23

____(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

____(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.).

____(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C.

6101 note).

____(5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 2010)(Pub. L. 111-5).

__(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__(7) 52.209–10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111–117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110–161).

____(8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

____(9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____(10) [Reserved] x(11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

____(12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____(ii) Alternate I (Oct 1995) of 52.219-7.

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

____(13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

____(14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

____(iv) Alternate III (Jul 2010) of 52.219-9.

____(15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

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

____(17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C.

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

____(ii) Alternate I (June 2003) of 52.219-23.

____(18) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

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

____(19) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____(20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

x(21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

x(22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns

(APR 2011).

__(23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Pro-gram (APR 2011).

____(24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

RFQP04171200011 Page 9 of 23

____(25) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

____(26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

____(27) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

____(28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

____(29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

____(30) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

____(31)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__(32)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.).

____(33)(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.).

____(34) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____(35)(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.

__(36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2010) (E.O. 13513).

x(37) 52.225-1, Buy American Act--Supplies(Feb 2009) (41 U.S.C. 10a-10d).

____(38)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (June 2009) (41 U.S.C. 10a- 10d, 19 U.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).

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

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

____(39) 52.225-5, Trade Agreements (Aug 2009)(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x(40) 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).

____(41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

____(43) 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)).

____(44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

x(45) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)(31 U.S.C. 3332).

____(46) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C.

3332).

____(47) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).

____(48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____(49)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

____(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

RFQP04171200011 Page 10 of 23

[Contracting Officer check as appropriate.]

__(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

__(3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (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 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. 5112(p)(1)).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records 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, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), 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 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 millionfor construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-tunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down re-quired in accordance with paragraph (f) of FAR clause 52.222-40.

(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.7104(g)).

RFQP04171200011 Page 11 of 23

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

(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 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 10 U.S.C.

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

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

(End of clause)

RFQP04171200011 Page 12 of 23

Section 4 - List of Attachments

Exhibits and Attachments

This Section Is Intentionally Left Blank

RFQP04171200011 Page 13 of 23

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 an addendum to FAR provision 52.212-1.

Provisions By Reference

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): www.arnet.gov/far

Clause Title

52.212-1 Instructions to Offerors--Commercial Items (June 2008)

Provisions by Full Text

52.214-31 Facsimile Bids (Dec 1989)

RFQP04171200011 Page 14 of 23

(3) Incompatibility between the sending and receiving equipment.

(4) Delay in transmission or receipt of bid.

(5) Failure of the bidder to properly identify the bid.

(6) Illegibility of bid.

(7) Security of bid data.

(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)

[END OF ADDENDUM TO FAR 52.212-1]

52.212-3 Offeror Representations and Certifications--Commercial Items (May 2011)

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,”as used in this section, 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 States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

RFQP04171200011 Page 15 of 23

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction 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 person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) 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 Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conductedunder such authorization;

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

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

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

(6) Have been voluntarily suspended.

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

(1) Means a small business concern--

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

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

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

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

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

(1) That is at least 51 percent owned by one or 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

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

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business oper-ations of which are controlled by, one or more women who are citizens of the United States.

RFQP04171200011 Page 16 of 23

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website athttp://orca.bpn.gov.

After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifica-tions currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (See FAR 4.1201), except for paragraphs _______________.

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

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

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

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

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it __is, __is not a service-dis-abled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it __is, __is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it __is, __is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small busi-ness concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It __is,__ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repos-itory, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It__ is,__ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The of-feror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture:_________________________ ] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It__ is,__ is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It__ is,__ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: _____. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

RFQP04171200011 Page 17 of 23

(9) Tie bid priority 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:

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for 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) General. The offeror represents that either--

(A) It __is, __is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concernin the CCR Dynamic Small Business Search database…

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