2nd QTR 2010 FCC Lompoc Food Solicitation Package.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

3901 Klein Blvd Lompoc, CA 93436

November 25, 2009

RE: RFQP06171000004, Subsistence Products Federal Correctional Complex, Lompoc, California

Dear Quoter:

Accompanying this cover letter is a solicitation package prepared by the Federal Bureau of Prisons for the acquisition of Subsistence Products for the Federal Correctional Complex, Lompoc, California.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 Contract Terms and Conditions -– Commercial Items. This clause requires all contractors doing business with the Federal Government after September 30, 2003, to be registered in the CCR database at http://www.ccr.gov. In conjunction with required registration in the CCR database, prospective contractors shall also complete electronic annual representations and certifications at http://orca.bpn.gov. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Quoters shall include their Data Universal Numbering System (DUNS) number in Block 17a of the Standard Form 1449, in accordance with FAR 52-212.1(j). The Contracting Officer will verify registration in the CCR database prior to award by entering the potential awardee’s DUNS number into the CCR database.

Offers are due no later than December 11, 2009, 3:00 p.m.

Pacific Standard Time. Please note, faxed offers are authorized. Please fax your offer to (805) 737-5062. The postal mailing address is: Federal Correctional Complex, Attn: Robert Barnes,3901 Klein Blvd, Lompoc, CA, 93436.

Hand delivered quotes will be accepted.

Quotes must be received no later than the time specified above.

http://www.ccr.gov http://orca.bpn.gov.

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

RFQP06191000005

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/23/2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Ann Layne

b. TELEPHONE NUMBER (No collect calls)

(530) 827-8129

8. OFFER DUE DATE / LOCAL

TIME

12/09/2009 15:00:00

CODE HER

Federal Bureau of Prisons FCI Herlong

PO BOX 900

(530) 827-8129 Herlong, CA 96113

9. ISSUED BY

UNRESTRICTED OR X SET ASIDE: 100% FOR

X SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

EMERGING SMALL BUSINESS

8(A)

NAICS: 424410

SIZE STANDARD: E02

10. THE ACQUISITION IS

SEE

SCHEDULEX

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

HERCODE15. DELIVER TO

Federal Bureau of Prisons FCI Herlong 741-925 Herlong Access Rd A25

(530) 827-8000 x4785 Herlong, CA 96113

CODE HER16. ADMINISTERED BY

Federal Bureau of Prisons FCI Herlong

PO BOX 900

(530) 827-8129 Herlong, CA 96113

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

HERCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Herlong

PO BOX 900

Attn: Accounting (530) 827-8132 Herlong, CA 96113

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

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

X 27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X 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 HEREIN.

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)

Ann Layne

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.21.2

RFQP06191000005 Page 1 of22

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 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 (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 3/2005) BACK

RFQP06191000005 Page 2 of22

ADDENDA

CONTRACT TYPE: Firm Fixed-Price.

FOB POINT: Destination.

DELIVERY: Delivery is required on or after January 1, 2010, and no later than March 31, 2010 Contractors must make their best effort to ship complete. All orders are FILL OR KILL. If not delivered by the specified delivery date, cancel any and all undelivered items. NO ITEMS WILL BE ACCEPTED AFTER THE DELIVERY DATE. Extended delivery dates will not be authorized.

Quoters/Contractors are directed to FAR Clause 52.212-4(f) Excusable Delays. Failure to deliver the product before the final delivery date due to the inability to locate a shipper is not an excusable delay and may subject the contractor to assessment of re-procurement costs.

RECEIVING: Receiving warehouse takes deliveries on a first-come first-serve basis. No appointments needed or accepted. Food Service Warehouse hours are from 9:00 a.m. to 2:00 p.m., Monday through Friday (closed on Federal Holidays). Food Service Warehouse phone number: (805) 735-2771.

Contractors are responsible for ensuring shipping companies/truck drivers are informed of the receiving hours and contact information.

PAYMENT: Payment will be made in accordance with the Prompt Payment Act. If applicable, the special payment provisions of the Packers and Stockyard Act of 1921 (7 United States Code (USC)182(3)) or the Perishable Agricultural Commodities Act of 1930 (7 USC 499a(4)) or the Fish and Seafood Promotion Act of 1986 (16 USC 4003(3)) will apply. If quoters offer payment terms which are economically beneficial to the Government and subsequently incorporated into the contract/order, those offered payment terms will apply. Payment will be made by Electronic Funds Transfer (EFT). Partial payments are authorized.

No. Item Description Unit of

Issue

Units to

Order

Price per Unit

Total

Subsistence

Beans, Dry, Navy, W hole, CID A-A-20337, Type II, Class 7 LB 10000

Beans, Dry, Pinto, W hole, CID A-A-20337, Type II Class 1 LB 12150

Cereal, Ready to Eat, Bulk Package Range-12 to 40 lb Case, Oat Bran Flakes, CID A-A-20000C, Type VI, Class 10

LB 12000

Cereal, Hominy, W hite, Quick-Cooking, Enriched, Unflavored, CID A-A-20035C, Type I, Style B, Flavor 1

LB 3000

Cheese, American, Processed, 4/5 lb or 6/5 lb Loaf/Blocks per Case.120 Slices per 5 lb. Loaf/block, Stack

Pack, Medium Blend, Pasteurized, Sliced, with Lecithin (non-sticking agent), Colored, USDA Stamped, Not

More Than 40% Water by Weight, LB 800

Cheese, Cheddar, Natural, Mild, Yellow, 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

LB 2900

Cheese, Mozzarella, Part Skim, Loaf/Block, Low Moisture, Milk Fat in Solids: 40% Minimum, Moisture 52%

Maximum, W isconsin Grade A or Equivalent, Packaging: 5 lb to 40 lb sealed Bags or containers

LB 500

Chips, Potato 60/1 ounce bags/case CS 439

Cornmeal, Yellow, Degermed, Course Ground, CID A-A-20066A, Type III, Class B, Color 2, Granulation A

LB 600

Dressing, Salad, 4 - 1 Gallon Plastic Containers per case, CID A-A-20140C, Type II, Style A CS 365

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

CS 80

Flour, General or All Purpose, Unbleached, CID A-A-20126F, Type III, Style A LB 20000

Flour, W hole W heat LB 5000

Issue

Units to

Order

Price per Unit

Total

Jelly, Assorted Flavors, Regular, 10 Gram Individual Portion, 200 Packages per case, CID A-A-

20078B, Type II, Style 1

CS 600

Flavor, Maple, 12/1 quart per case CS 10

Flavor, Vanilla Imitation GL 20

Margarine, Bulk, All Vegetable, must Conform to USDA Specifications for Vegetable Oil Margarine LB 1200

Margarine, Reddie, All Vegetable, 90 Patties per lb, on Paper Chips, 12 lbs per case, must Conform to USDA Specifications for Vegetable Oil Margarine

CS 1208

Milk, Nonfat Dry, Fortified with Vitamins A and D, Low Heat, CID A-A-20085C, Type II,ClassA LB 2700

Mustard, Prepared, Yellow (Salad Style), 4 - 1 Gallon Plastic containers per case, CID A-A-20036C, Type I

CS 12

Pasta, Macaroni, Elbow Form,, Packaging: 5 lb to 40 lb sealed bags, Enriched, Regular, CID A-A-

20062D, Style A, LB 2040

Pasta, Macaroni, Ziti Form, Packaging: 5 lb to 40 lb sealed bags, Enriched, Regular, CID A-A-

20062D, Type XII, LB 425

Pasta, Lasagne Noodles, Curl Form, Packaging: 5 lb to 40 lb sealed bags, Enriched, Regular, CID A-

A-20062D, Type VIII, Style A, LB 800

Pasta, Spaghetti, Long Form, Packaging: 5 lb to 40 lb sealed bags, Enriched, Regular, CID A-A-

20062D, Style A, LB 3950

Pie Filling, Apple, Canned 6/#10 Cans CS 115

Pizza, Prepared, Frozen, Cheese, approximately 4"x6" Rectangle Portion, Thin Enriched W heat

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.

Quoter MUST indicate actual portion weight, dimensions, & case pack

CS 100

BOP09082

Typewritten Text

DJBP06191000005 PAGE 5 OF 22

Issue

Units to

Order

Price per Unit

Total

Relish, Pickle, Sweet, Bulk, Cured, 4 - 1 Gallon Plastic containers per case CS 40

Rice, Parboiled W hite, Long Grain, U. S. No. 1 or 2 - U. S. Standards for Grades LB 10000

Sauce, Soy, CID A-A-20087C, Type I Gallons GL 90

Sauce, W orcestershire,Gallons, CID A-A-20099B GL 20

Shortening, 50 lb Block, General Purpose, All Vegetable, Solid, CID A-A-20100C, Type I LB 5000

Shortening, 5-Gallon Container, General Purpose, All Vegetable, Liquid, CID A-A-20100C, Type I CT 100

Soy, Textured Protein, Beef Flavored Granules, Dehydrated, Consisting of Granules 1/4 “ to 1/2 “ in

Size 18.6 lbs per case

LB 100

Spice, Baking Powder, Single Action LB 500

Spice, Chili Powder, Ground, Packaging: 1/2 oz to 25 lb sealed containers, Packaging must indicate actual delivered weight of product, Pure-no additives, extenders

LB 100

Spice, Cinnamon, Ground, Packaging: 1/2 oz to 25 lb sealed containers, Packaging must indicate actual delivered weight of product, Pure- no additives, extenders

LB 100

Spice, Garlic Powder, Packaging: 1/2 oz to 25 lb sealed containers, Packaging must be Labeled W ith

Ingredients and Actual Delivered W eight of Product, Pure, From Dehydrated Garlic Bulb Ground to a

Fine Powder, 100% Air Dried Garlic After the Milling Process, Appearance - Cream Brown Fine

Powder W ith The Characteristic Odor and Flavor of Garlic. No Off Notes, Texture - A Dry Medium

Fine Granular Powder, Slightly Fibrous, Moisture - No More That 12%, Grade - Free From Foreign

Matter. No Additives, Extenders, LB 300

Spice, Pepper, Black, Ground, Packaging: 1/2 oz to 25 lb sealed containers, Packaging must indicate actual delivered weight of product, Pure - no additives, extenders

LB 200

Spice, Pepper, Red, Crushed, Packaging: 1/2 oz to 25 lb sealed containers, Packaging must indicate actual delivered weight of product, Pure- no additives, extenders

LB 50

Spice, Salt, Table, Bulk, Pure Salt - no extenders, , etc. LB 2000

Spices, Cocoa, Powdered LB 200

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DJBP06191000005 PAGE 6 OF 22

Issue

Units to

Order

Price per Unit

Total

Sugar, Brown, Light LB 2000

Sugar, Confectioners, Cane or Beet, CID A-A-20135, Type I, Style C LB 1400

Sugar, Granulated, W hite, 25 or 50 lb bags, Cane or Beet, Fine, Extra-fine, or Super-fine, CID A-A-

20135C, Type I, Style A or B

LB 5000

Syrup, Imitation Maple, Regular Style, Thick, 4 - 1 Gallon Plastic Containers per Case CS 150

Tomato Catsup, 6 - #10 Cans per Case, US Grade A, U. S. Standards for Grades, CS 100

Tortillas, Flour, 10 Inch in Diameter, 1 Dozen per Package - 12 Packages per Case, Frozen, CS 100

Vegetable, Beans, Green, Cut, 6 - #10 Cans per Case, U. S. Grade B or Better, CS 377

Vegetable, Carrots, Diced or Sliced, Canned, 6 - #10 Cans per Case U. S. Grade B or Better, CS 235

Vegetable, Corn, Yellow, Cut, Canned, U. S. Grade B or Better, 6 - #10 Cans per Case or 6/75 oz.

vac pac Cans per Case

CS 274

Vegetables, Mixed, 6 - #10 Cans per Case, CID A-A-20120D CS 111

Vegetable, Peas, Sweet, Canned, 6 - #10 Cans per Case CS 175

Vegetable, Peppers, Jalapenos, Canned CN 10

Vegetable, Pickles, Dill, Hamburger Slice, Small, 4 - 1 Gallon Plastic Containers per Case CS 5

Vegetable, Potatoes, W hite, French Fries, Frozen, for Frying, Crinkle or Straight cut LB 20000

Vegetable, Sauerkraut, 6 - #10 Cans per Case, Shredded, U. S. Grade A or U. S. Fancy, CS 10

Meat

Beef for Stewing, Raw, IMPS 135, Fat content of the boneless meat shall not exceed 25%, diced pieces shall be sized - not less than a 3/4 “ cube or not more than a 1-1/2 “cube and no individual surface shall be more than 2.5 inches in length), Frozen

LB 1000

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DJBP06191000005 PAGE 7 OF 22

Issue

Units to

Order

Price per Unit

Total

Beef, Ground, Regular Grind, IMPS 136, Frozen, 80% Lean, Delivered cases must be labeled

80/20, Packed in 5 lb or 10 lb chubs, PRODUCT MUST BE IN SEALED BAGS, NO OPEN BAGS

OR PACKAGING

LB 3300

Beef, Ground, Patties, 4 Oz, IMPS 1136, Frozen, 80% Lean, Frozen, Round in Shape, with Paper

Separation or Individually Quick Frozen, Delivered cases must be labeled 80/20

LB 4150

Beef, Steaks, Flaked and Formed (Not Ground), 4 Oz Portion, made from beef that meets IMPS

1138, Frozen, (Oval, Square or Half Moon Shape), Breaded, 65% beef content

LB 2000

Burritos, Prepared, Frozen, Beef and Bean w/ red or green chilies, Oven Ready, 5 - 6 Oz, CID A-A-

20292, Type II, Flavor B & E, Fry Style 1

EA 5000

Chicken, Boneless, Skinless, Raw, W hite or Dark, ( Tender, Breast or Thigh Meat), Frozen, No

Solution or Ingredients Added, Any Combination of W hite, Dark, or W hite and Dark, Un-breaded

LB 7250

Chicken, Leg Quarter, Ready to Cook, Frozen, U. S. Grade A, U. S. Standards, and Grades for

Poultry, Cut from 2.5 to 3.0 lb Broiler or Fryer, Un-breaded

LB 12000

Chicken, Patty, Breaded, Chunked and Formed, 1/2 inch cube or greater or Ground/Chopped and formed, 1/2 inch cube or smaller (No Comminuted or previously cooked chicken meat), Chicken meat will be derived from fresh chilled and/or previously frozen broiler/fryers, Mostly white meat (not less than 66 percent white, not more that 34 percent dark, no skin) Breading not to exceed 30% by weight.

Cooked W eight 3.7 to 4.2 Ozs, Individually Quick Frozen, Pre-cooked, Round or Oval Shape, CID A-

A-20276A, Type VI, Style B & C, Meat Type C, Form 1

LB 2400

Fish, Fillets (Practically Boneless), 4 to 6 Oz Solid Fillet, from Pollack, W hiting, Flounder, Cod, Hoki or Tilapia, Individually Quick Frozen or Shatter Pack, (Skin on) or (Skin off-Skinless), Grade A or B

Based on the United States Standards for Grades of Fish Fillets, 100% fish, Quoter MUST indicate if quoted item is (skin-on) or (skin-off)

LB 4000

Fish, 4 Oz Portions, Oven Ready, Breaded, Frozen, Cut from Pollack, W hiting, Flounder, Cod, or

Tilapia Fillet Block (Not Minced), Oven Ready Portion W eight 4 Ozs, Rectangle Shape, Meets the

Requirements of Grade A (65% by W eight 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 W eight C, Shape (1), Fried Fish Type B, Composition A, Coating (1)

LB 400

Polish Sausage, Beef, 4 Oz Link, Fully Cooked, Frozen, Skinless, IMPS 813, Formula D LB 1200

BOP09082

DJBP06191000005 PAGE 8 OF 22

Issue

Units to

Order

Price per Unit

Total

Pork Roast, Pork, Shoulder, Boston Butt, Boneless, Raw, IMPS 406, Frozen, No Solution or

Ingredients Added, W eight Range A or B, 4 to 8 lb, Quoter MUST indicate average roast weight of quoted item

LB 4850

Sausage, Turkey, 2 Oz Patties, (Not Mechanically Separated), No Soy,, Frozen LB 4500

Turkey, Ground , Raw, (Not Mechanically Separated), Bulk, Frozen, Fat content may not exceed

15%, No Solution or Ingredients Added, PRODUCT MUST BE IN SEALED BAGS, NO OPEN BAGS

OR PACKAGING Delivered cases must be labeled with fat content.

LB 7660

Turkey, Boneless, Roast, Raw , Boned Rolled and Tied or netted, 8 -12 lb Range, Breast Meat

(Minimum) 54 %, Thigh Meat (Maximum) 34 %, Skin (Maximum) 12.5, No Solution or Ingredients

Added, Quoter MUST indicate average roast weight of quoted item

LB 4000

Kosher Items

Kosher Sardines in Soybean Oil,, 3 ounce cans CANS 300

Kosher Cereal, Bran Flakes, 7/8 ounce Individual Bowl Pack, 96 bowls per case CS 20

Kosher Grits, Instant, Plain, Individual 1 ounce package, 12 packages per box, 12 boxes per case CS 3

Kosher Oatmeal, Instant, Plain, Individual 1 ounce package, 12 packages per box, 12 boxes per case

CS 15

Kosher Bread, W hole W heat, 1 pound loaf, certified kosher parve, first ingredient on label must be whole wheat flour

LF 100

Kosher Margarine, ½ ounce sealed individual package, shelf stable, certified kosher parve, 200 packages per case

CS 13

Kosher Tartar Sauce, Individual packet, 9 gram individual packet, 200 per case, certified kosher parve, CID A-A-20140, Type III, Style A

CS 5

Kosher Jelly, Grape Flavor, 10 gram individually sealed portion, certified kosher parve, 200 packages per case, CID A-A20078B, Type II, Style I

CS 20

Kosher Peanut Butter, Regular, Stabilized, Non-fortified, 2 ounce individual packets, 100 packets per case, certified kosher parve, CID A-A20328A, Style 1, Class A

CS 5

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DJBP06191000005 PAGE 9 OF 22

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Mar 2009)

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 (Mar 2009)

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-tained and paid for by the Government at the contract unit price.

(End of clause)

52.232-18 Availability Of Funds (Apr 1984)

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

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

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

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

(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).

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

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

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

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

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

__ (7) [Reserved] XX (8)(i)52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

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

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

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

XX (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(i)52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

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

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

__ (14)(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.

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

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

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

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

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

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

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

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

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

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

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

XX (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

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

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

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

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

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

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

__(30)(i) 52.223–16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

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

__ (31) 52.225-1, Buy American Act -- Supplies (Feb 2009) (41 U.S.C. 10a-10d).

XX (32)(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.

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

XX (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

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

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

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

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

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

__ (43)(i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (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 indicated below, the extent of the flow down shall be as required by the clause--

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

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

(iii) [Reserved]

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

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

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

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

(viii) 52.222-41, Service Contract Act 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)).

(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)

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)

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

Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible.

[End of Provision]

52.215-5 Facsimile Proposals (Oct 1997)

(a) Definition."Facsimile proposal,"as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

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

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the es-sential requirements of the solicitation cannot be ascertained from the document--

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

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

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

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

(End of provision)

[END OF ADDENDUM TO FAR 52.212-1]

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

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 (m) of this provision.

(a) Definitions. As used in this provision-- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

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

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

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

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to beincorporated 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).

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

"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 in-ternationally 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.

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

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(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.

(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 at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the repres-entations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorpor-ated in this offer by reference (See FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (n) 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-disabled 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 con-cern 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)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories un-der the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small business in one of the designated industry groups(DIGs).] The offeror represents as part of its offer that it is, is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or desig-nated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenue

50 or fewer $1 million or less 51 - 100 $1,000,001 - $2 million 101 - 250 $2,000,001 - $3.5 million 251 - 500 $3,500,001 - $5 million 501 - 750 $5,000,001 - $10 million 751 - 1,000 $10,000,001 - $17 million Over 1,000 Over $17 million

(9) NOT APPLICABLE TO THIS SOLICITATION.

(10) HUBZone 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--

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

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture [The offer-or shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: .] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone repres-entation.

(d) Representations required to implement provisions of Executive Order 11246--(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf…