Solict solid waste.doc

B.1 Purpose of Contract:

The purpose of this contract is to provide Indian Health Service (IHS), Environmental Health Support Center (EHSC) multiple three-day training courses, entitled Sustainable Solid Waste Management Operations at identified locations. The Indian Health Service under the Office of Environmental Health & Engineering (OEHE) funds the design and construction of solid waste facilities. Training of Tribal utility operators in the operation and maintenance of solid waste management system is a critical element in successful operation of IHS constructed facilities.

The Contractor shall provide the stated scope of work independent of any Government direction or supervision under a non-personal service contract as defined in the Federal Acquisition Regulation (FAR) Part 37, Service Contracts, subpart 37.101-Definitions.

This is an Indefinite Delivery/Indefinite Quantity contract to provide training courses for the Office of Environmental Engineering (OEHE).

B.2 General Information:

The per hour rate is an all inclusive rate to include all mandatory Federal, State and other applicable local government taxes; including, the New Mexico Gross Receipt Taxes (NMGRT) for services performed in the State of New Mexico. These rates are in effect during the term of this contract unless amended and approved by the Contracting Officer. The Contractor is solely responsible for payment of all gross receipt and other applicable taxes. The Government (IHS) will not be responsible for the payment of the Contractor's taxes.

The Albuquerque Area Indian Health Service Division of Accounting Services will issue Form 1099 MISC-Miscellaneous Income, for reporting income earned under this contract. It is the responsibility of the Contractor to notify the IHS of any change in its address, Tax Identification Number(s) or company name; otherwise Form 1099 will be mailed to the address on file. For inquiries regarding Form 1099-Call (505) 248-4582.

Contractor Requirements Mandated by the Federal Acquisition Regulation (FAR)

Federal Acquisition Regulation Part 4.1102, Policy, states that "Prospective Contractors" shall be registered with the CCR prior to award of contract or agreement.

To comply with the mandate, the contractor must obtain a Data Universal Numbering System (DUNS) Number. The DUNS No. is a 9-digit number assigned by Dun and Bradstreet Inc., to identify unique business entities. If the offeror (Contractor) does not have a DUNS Number, it should contact Dun and Bradstreet directly to obtain one by calling 1-866-705-5711 or via the internet at http://www.dnb.com. Refer to FAR Clause No. 52.204-6, Data Universal Numbering System (DUNS) Number (Oct. 2003)

The Contractor's DUNS No. will be used by the Government contracting office to verify if the contractor is registered in the CCR database.

The CCR database is a primary Government repository for Contractor information required for conduct of business with the Government.

Refer to FAR Clause No. 52.204-7, Central Contractor Registration (CCR) (Oct 2003). Contractors may obtain information on registration and annual confirmation requirements via the Internet at http:www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

NOTE: 1) If at any time during the term of this contract, the Contractor changes its bank/financial institution, TIN or address information, it is the responsibility of the Contractor to make the changes in the Central Contractor Registration (CCR). The IHS does not have access to the contractor’s personal or financial information nor the approval to make changes for the Contractor. 2) Without a DUNS No. and registration in CCR, the Government can not award a contract to an offeror.

B.3 Price Fee Schedule:

Base Year

July 1, 2008 through June 30, 2009

Option Year One

July 1, 2009 through June 30, 2010 Solid Waste Management Operations Training 1 Job

Total $________ Training courses, dates and location for Option Year renewals will be scheduled prior to exercise of option year.

B.4 Background Skills in the operation and maintenance of solid waste management systems are needed by Tribal personnel to support the variety of systems constructed by OEHE and operated by Tribes. The large number of Tribal Utilities (more than 250) and the ever changing utilities staff dictates a continuous need for these skills.

Office of Environmental Health Engineering as the primary source of technical and policy advice for IHS Headquarters and Area Offices, tribal, and urban public health programs on the full scope of health care facilities, sanitation facilities construction (SFC) and management, environmental health, environmental engineering, clinical engineering, and realty services management; (2) develops objectives, priorities, standards, and methodologies for the conduct and evaluation of environmental health, environmental engineering, and facilities engineering and management activities; (3) coordinates the formulation of the IHS Facilities Appropriation budget request and responds to all inquiries about the budget request and programs funded by the IHS Facilities Appropriation; (4)maintains needs-based and workload-based methodologies for equitable resource distribution for all funds appropriated under the IHS Facilities Appropriation; (5) provides leadership, consultation, and staff development to assure functional, safe, and well-maintained health care facilities, a comprehensive environmental health program, and the availability of water, sewer, and solid waste facilities for Indian homes and communities; and (6) coordinates the IHS responsibilities in responding to disasters and other emergency situations.

B.5 Scope of Work:

The overall objective of the training is to support tribal solid waste management programs and operators.

Major topic areas that define Sustainable Solid Waste Management Operations are:

-Organizational Management

-Financial Management

-Compliance and Enforcement -Pre-Integrated Solid Waste Management Plan (ISWMP) Planning

-Develop ISWMP

-ISWMP Implementation

The contractor shall incorporate classroom lectures with case studies and group exercises. The Environmental Health Support Center (EHSC) will award continuing education credit for this course under the guidelines of IACET. The courses will be taught to individuals from a national audience with multiple operating settings and varied equipment.

The contractor shall provide each session of training including all equipment and materials for each presentation of the course.

Training Outcome

Organizational Management

Learning Outcome 1 Understand that identification of responsible parties of an operational and sustainable solid waste management program (SWMP) is a critical element of the current Integrated Solid Waste Management Plan (ISWMP). The responsible party, such as the public works or the environmental board identifies a waste management hierarchy.

Discussion of this topic will include:

- Identify responsible parties who must commit to and implement the SWMP

- Emphasizing waste management hierarchy (per the Pollution Prevention Act of 1990, the hierarchy, in order is: (1) source reduction; (2) recycling and composting; (3) diversion (e.g., incineration, volume reduction); and (4) disposal by land filling.

-Lessons learned (successes and failures) of other tribal and area-specific municipal programs

-Identify a number of “Best Management Practices”and the defining parameters

Financial Management

Learning Outcome 2 The foundation of a sustainable solid waste program is financial management. A strong financial plan will include plan will include total cost of operation, a user fee structure and costs attributed to operation and maintenance. Total accountability with realistic costing methods ensures a sustainable program.

Discussion of this topic will include:

-Understanding sustainability (i.e., triple bottom line- financial/environmental/social responsibility)

- Total cost of operation (capital, O&M, life cycle, net present value) and revenues from recycling -User fee structure (including “pay as you throw” programs and how to encourage recycling without adding to open dump problems)

-O&M – needs – cost – certification – training

-True realistic costing methods

Compliance and Enforcement

Learning Outcome 3 A comprehensive Integrated Solid Waste Management Plan (ISWMP) includes compliance and enforcement elements. Memorandums of Understanding (MOUs), ordinances, tribal codes and regulations all help to support the solid waste program.

Discussion of this topic will include:

-Developing SW tribal MOUs and ordinances

-Develop codes and regulations

-Enforcement of open dumping laws

-Community-based behaviors, modifications, and enhancements (Social Behavior Modification), including cultural factors specific to Native Americans and individual tribes

-Public outreach and information strategy regarding the enforcement program, including any positive incentives the program offers as well as consequences of non-compliance

-Environmental benefits of reduced land filling and/or incineration and increased recycling and composing.

Pre-ISWMP Planning

Learning Outcome 4 The development of an ISWMP is a collaborative process designed specifically for a particular community. Therefore community outreach and community partnerships should be developed prior to development of the ISWMP.

Discussion of this will include:

- Community outreach, educations and partnership

- Partnerships with municipalities, solid waste contractors, commercial generators, non-profit organizations.

- Community buy-in

- How to access all available resources

- Tribal leadership buy-in

-How to access all available resources

- Tribal leadership buy-in

-Emphasizing how solid waste management impacts other areas of concern in tribal community.

-Goal setting strategies and processes

Waste Characterization

Learning Outcome 5 An important step in the development of the ISWMP and overall program management is waste characterization.

Discussion of this topic will include:

-Site visit

- Open dump site assess/characterization

- The different methods of conducting waste stream assessments (visual surveys, sort and weight at landfill gate), advantages and limitations, and relative costs and resources required.

- Estimated quantities and composition of construction and demolition (C&D) waste.

- Estimated quantities of special wastes (tries, automobile and dry cell batteries, consumer electronics, fluorescent light bulbs, households hazardous wastes, etc.)

-Area-specific needs (variations in composition between wet and dry wastes, degree of source separation that realistically could be achieved, best means of maximizing recycling of commercial wastes, etc.)

-Quality assurance/quality control (QA/QC) and data management and analysis requirements.

Develop ISWMP

Learning Outcome 6 Understand the steps to the development of an ISWMP leading to an operational and sustainable solid waste program. Several States and tribal organizations as well as EPA do offer specific trainings in the development of an ISWMP.

Discussion of this topic will include:

- Existing providers of ISWMP services (collection, recycling, composting, land filing, household hazardous waste disposal

- Introduction to effective bidding and contracting (statement of work, request for proposals (RFP), evaluating bids and choosing the best candidates[s])

- ISWMP – costs/revenue associated with implementing and following the plan and how to effectively budget for them

- Management of waste beyond land filing – source reduction – recycling (note – SWANA has a very good course covering these areas)

- P2 facility assessments

- Measurement and verification methods (continuation of topic introduced under ISWMP development, in previous module)

- Aggressive waste management strategies (e.g., loss of waste streams, dips in recyclables commodity markets, closure of existing landfills, new State P2 mandates or landfill bans, population growth [e.g., if part of reservation is opened up for development as a revenue producing strategy], increase in visitor traffic due to casino or resort expansion, etc.)

Target Audience

The target audience is a broad based grouping of Tribal employees and elected officials involved with solid waste and may include:

- Solid Waste Operators

- Tribal Environmental Program Manager

- Other Program Managers

- Solid Waste Program Manager

- Compliance/Enforcement Officers

- SW generators, major customer

- Housing Authorities

The course size will range from 24 to a maximum of 30 students.

Training Outcome Measurement

The Contractor shall identify assessment method(s) to ensure that attendees have mastered each learning outcome. An assessment may serve to measure more than one learning outcome. The methods must follow the IACET guidance for measuring learning outcomes. Documentation of assessment results must be incorporated into the method or tool proposed by Contractor.

B.5 Requirements

The Contractor shall provide the necessary equipment and instruction for the Sustainable Solid Waste Management Operations Training course. Contractor shall provide an instructor with the knowledge in the course topics to be presented and techniques as listed in section 2. Instructor must have demonstrated experience in solid waste. Instructor must also have experience in teaching solid waste operators. Instructor qualifications and experience shall be integral to the Contractor’s selection.

The Contractor shall provide the specified training days for the Sustainable Solid Waste Management Operations Training courses and as need by OEHE.

Locations

· Minneapolis, MN

· Denver, CO

· Oklahoma City, OK

· Phoenix, AZ

· Portland, OR

· Anchorage, AK B.6 Place of Performance:

Training courses, dates and locations may vary for the base year and option year performance.

The Contractor shall be responsible for all travel expenses to training locations.

B.7 Period of Performance

The contract shall commence on July 1, 2008 and shall not be extended beyond the completion date of June 30, 2009.

If the Government exercises its option for renewal of services, it shall be pursuant to the Federal Acquisition Regulation (FAR) Clause No. 52.217-9, Option to Extend the Term of the Contract and shall follow the schedule:

First Year Option: July 1, 2009 through June 30, 2010 B.8

IDENTIFICATION AND DISPOSITION OF DATA, REPORTS, AND OTHER DELIVERABLES.

The Contractor is not permitted to make use of any data derived from these services for any purpose not directly related to and/or authorized by the Albuquerque Area Indian Health Service.

Upon completion/termination of the contract, all information, statistical or analytical material or Reports; and other data generated by the Contractor shall become the property of the Indian Health Service.

The Contractor is prohibited form gathering data, statistics, or use of material for publication and/or research for its own benefits. Dissemination of Information, prior approval shall be obtained from the Government Contracting Officer for the release or dissemination of information related to this contract. Information includes, but is not limited to: news releases, articles, manuscripts, advertisements, reports, still and motion pictures, speeches, trade association meetings, symposia, brochures, etc.

a. The Contractor shall complete all reports required in accordance with the scope of work.

b. Invoices shall be submitted upon completion of each training course.

The contractor shall provide:

- The three-day training session entitled Sustainable Solid Waste Management Operations Training course at locations during identified by IHS and as needed.

- All the full scale equipment, expendables, student instructional materials (handouts, notebook, textbook) with agenda and syllabus for up to 30 students for the Sustainable Solid Waste Management Operations Training course.

- Instructor who meets the requirements established in section three above for the Sustainable Solid Waste Management Operations Training course.

-All instructor travel, per diem, shipping and other expenses for the Sustainable Solid Waste Management Operations Training course.

The Indian Health Service shall provide:

- Training course dates and locations

- Approval of curriculums for training

- Continuing Education Unit approval

- Student registration information will be provided prior to the courses.

Timeframes for Completion of Deliverables Contractor

Deliverable Location of Contractor

Deliverable

IHS

Deliverable Date of IHS

Deliverable

Three-Day training session entitled

Sustainable Solid

Waste Management

Operations Training Minneapolis, MN

Denver, CO

Oklahoma City, OK

Phoenix, AZ

Portland, OR

Anchorage, AK Course & Student registration information

Date approval 4 weeks prior to the course

and other handout materials

Continuing

Education credit 3 weeks after the course

B.9 Compensation

INVOICE SUBMISSION

The Contractor shall submit invoices directly to the following address:

Division of Accounting Services

Indian Health Service

5300 Homestead Road NE

Albuquerque, New Mexico 87110.

The following information must be on each invoice.

Contract No cited on the first page of the award.

· Contractor’s Name and Address

· Date of Invoice period

· Hours of services provide during the invoiced period.

· Invoice No.

· Invoice signed and dated and to include the individual’s name, title, and telephone number

· The following certification shall be cited on each invoice submitted for payment.

“I hereby certify that all services provided and invoiced are for appropriate purposes and in accordance with the terms and conditions of the cited contract”

COMPENSATION

· The contractor shall be compensated at the agreed contract amount based on invoices submitted and only for services in direct performance of this contract.

· Overtime compensation is not authorized unless specifically included in the scope of work and approved.

· Training and training expenses are not covered by this contract, unless it is included as; training required by IHS for new technology or as requirement of the IHS and IHS itself has not had the required training to carry out its mission.

· The contract terms and conditions does not allow for accrual of annual or sick leave or other fringe benefits.

· Per mandate by the U. S. Department of Treasury and effective July 1996, PAYMENT OFFICE

The payment office is:

Albuquerque Indian Health Service

Division of Accounting Services

5300 Homestead Road, NE

Albuquerque, New Mexico 87110

Electronic Funds Transfer (EFT) Disbursed by:

U. S. Department of Treasury

Office of Disbursements

Austin, TX 73301

B.10 Task Orders

a. Task orders will be issued against this contract for the required services utilizing the Option Form (OF) 347, Order for Supplies or Services. Task orders shall set forth the scope of services at the established rates.

b. The Contractor must have a signed Task Order by a designated and authorized IHS representative prior to performance of services. Performance of services prior to issuance of a TO may result in delay of payment or nonpayment.

B.11 Special Contract Requirements

The Contractor shall be responsible for all course preparation, and other training course needs during the term of this contract.

B.12 Government Requirements

The IHS will be responsible for workshop advertising, recruitment of participants, presenters, and logistical support (audio-visual equipment) etc.

B.13 Contracting Officer

Authority to negotiate changes in terms and conditions or amounts cited in this Contract is reserved to the Contracting Officer.

B.14 Project Officer:

The Contracting Officer will designate a Project Officer in writing, who will have the following duties, this list is not inclusive:

Ensuring that tasks performed are in accordance with the scope of work and within the terms and conditions of the contract.

Ensuring that invoices and payments are processed in a timely manner and;

Assisting the Contractor in resolution of administrative and technical problems encountered during the performance of this contract.

Monitoring the Contractor’s technical progress including surveillance and assessment of performance and recommending to the Contracting Officer changes if the need arises.

Performing technical inspection and acceptance required by this contract.

C. Contract Clauses

52.252-1 Contract Clauses Incorporated by Reference Feb 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es) http://www.arnet.gov/far 52.203-3 Gratuities Apr 1984

52.203-5 Covenant Against Contingent Fees Apr 1984

52.203-7 Anti-Kickback Procedures Jul 1995

52.203-8 Cancellation, Rescission, and Recovery of Funds for Jan 1997

Illegal or Improper Activity

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity Jan 1997

52.203-12 Limitation on Payments to influence Certain Transaction Sep 1995 52.217-8 Option to Extend Services Nov 1999

52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2007)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Mar 2007)

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

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the 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.]

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

__ (3) 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).[

__ (4) Reserved]

__ (5)(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.

__ (6)(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.

_X (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

_X (8)(i) 52.219-9, Small Business Subcontracting Plan (Sept 2006) (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.

__X(9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C.637(a)(14)).

__ (10) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (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.

__ (12) 52.219-25, Small Disadvantaged Business Participation

Program--Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004).

_X (15) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X (16) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126).

__ (17) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X (18) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X (19) 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).

_X (20) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (21) 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).

__ (22) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ (23)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

_X (24) 52.225-1, Buy American Act--Supplies (June 2003) (41 U.S.C.10a-10d).

(25)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

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

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

__ (26) 52.225-5, Trade Agreements (Nov 2006) (19 U.S.C. 2501, et seq.,19 U.S.C. 3301 note).

_X (27) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (28) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150).

_X (29) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).

__ (30) 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)).

__ (31) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X (32) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (33) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (34) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (35) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.

552a).

__ (36)(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, as Amended (July 2005) (41 U.S.C. 351, et seq.).

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

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

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

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

(iii) 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).

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

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

(vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 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.

D Contract Documents, Exhibits or Attachments

D.1 Standard Form LLL, Disclosure of Lobbying Activities

(Contractor must complete and return to IHS) E. Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2006)

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

(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 business, 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--

(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 the stock of which is owned by one or more women; and

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

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

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

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

TIN: ________________________________.

TIN has been applied for.

TIN is not required because:

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

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt);

Corporate…