0515 OSP Package.pdf

SP0600-09-R-0515

OFFEROR SUBMISSION

PACKAGE

SOLICITATION: SP0600-09-R-0515

PROGRAM: 6.1

PERFORMANCE PERIOD: MARCH 01, 2010 – FEBRUARY 28, 2015

TO BE TIMELY, OFFERS MUST BE RECEIVED AT THE

DEFENSE ENERGY SUPPORT CENTER

BY

JUNE 5, 2009 @ 3:00P.M. LOCAL TIME

INSTRUCTIONS:

1. An original plus one copy of this Offeror Submission Package must be returned to the Defense Energy Support Center as your offer. All documents to be completed and returned are contained in this package. See Clauses L2.01, L2.05-8, and L201.01, for submission requirements.

2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Initial any changes. Sign and date the Standard Form 33 (SF33) in ink.

3. By submission of this package, you are stating that ALL terms and conditions of the entire solicitation are accepted and apply to your offer unless clearly stated on a separate sheet of paper.

4. Please provide your CAGE Code and DUNS number in Block 15A of the SF33.

5. Please see page 2 of the solicitation for additional information. Please note that the closing date is June 5, 2009 not May 15, 2009 as stated on page 2, paragraph D.

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 | 27

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

SP0600-09-R-0515

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[ x ] NEGOTIATED (RFP)

5. DATE ISSUED

April 1, 2009

REQUISITION/PURCHASE NUMBER

SP0600-09-1076

7. ISSUED BY CODE SP0600 8. ADDRESS OFFER TO (If other than item 7) Defense Energy Support Center 8725 John J Kingman Road, Suite 4950 Ft. Belvoir, Alexandria, VA 22060-6222 PP: 6.1 Buyer/Symbol: Amy V. Loar/DESC-BXA Phone: 703-767-9329 Fax: 703-767-9338/amy.loar@dla.mil

ATTN: BID CUSTODIAN, DESC-BXA, RM. 2945

Defense Energy Support Center 8725 John J Kingman Road, Suite 4950 Ft. Belvoir, Alexandria, VA 22060-6222 Fax: 703-767-9338 Verification: 703-767-9350

NOTE: In sealed bid solicitation “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and 1 (one) copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in DESC-BXA; Room 2945 until 3:00 PM local time June 5, 2009 EDST (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. See Clause L2.05-8

10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION AREA CODE NUMBER EXT.

CALL: Amy V. Loar 703 767-9329 amy.loar@dla.mil

11. TABLE OF CONTENTS

(x) SEC. DESCRIPTION PAGE(S) (x) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES

X B SUPPLIES OR SERVICE AND PRICES/COSTS 2-7 PART III - LIST OF DOCUMENTS, EXHIBITS, AND

OTHER ATTACH.

C DESCRIPTION/SPECS/WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKETING PART IV-REPRESENTATIONS & INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS, 8-18

F DELIVERIES OR PERFORMANCE AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION L INSTRS., COND., AND NOTICES TO OFFERORS 18-23

H SPECIAL CONTRACT REQUIREMENTS 7-8 M EVALUATION FACTORS FOR AWARD 23-26

OFFER (Must be fully completed by offeror) NOTE: ITEM 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within * calendar days (60 calendar days unless a different period is inserted by the offer) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. * See Clause L1.02

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS % 20 CALENDAR DAYS% 30 CALENDAR DAYS% CALENDAR DAYS%

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. NAME AND

ADDRESS OF

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

OFFEROR

15B TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. [ ] DIFFERENT FROM ABOVE – ENTER

SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

IN BLOCK 25 (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type of print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on the Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV 9-97)

Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

SP0600-09-R-0515/OSP

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DESC APR 2003) 2

SECTION H – SPECIAL CONTRACT REQUIREMENT

H9 KEY PERSONNEL (DESC AUG 1991) 7

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

K1.01-5 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 8

K1.01-6 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 8

K1.06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) 9

K1.01-11 SMALL BUSINESS PROGRAM REPRESENTATIONS (ALTERNATE I) 9

(MAY 2004/APR 2002)

K7 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2008) 11

K15.03 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 13

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 13

K41 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) 13

K60 PROHIBITION ON CONDUCTION RESTRICTED BUSINESS OPERATIONS IN SUDAN-

CERTIFICATION (JUN 2008) 14

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

TERRORIST COUNTRY (OCT 2006) 14

K88 TAXPAYER IDENTIFICATION (OCT 1998) 15

K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008) 15

K96 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2005) 17

K99 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (JUN 2003) 17

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERS OR QUOTERS

L2.01 INSTRUCTIONS TO OFFERORS (RFP) (DESC OCT 1981) 18

L2.05-8 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (ALTERNATE I)

(JAN 2004/OCT 1997) 18

L201.01 SPECIFIC INSTRUCTIONS FOR PREPARING OFFERS (ENVIRONMENTAL)

(DESC JAN 2009) 20

SECTION M – EVALUATION FACTORS FOR AWARD

M28.04 BASIS FOR AWARD (ENVIRONMENTAL) (DESC JAN 2009) 23

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DESC APR 1997) 26

Solicitation – SP0600-09-R-0515

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DESC APR 2003)

The services to be furnished during the period specified herein and the unit prices are as follows:

FIVE YEAR CONTRACT PERIOD –March 1, 2010 through February 28, 2015

LEVEL UNIT PRICING IS REQUIRED

Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

Develop a Detailed Work Plan IAW TASK 1 of the SOW

1001A Lump Sum Price for Work Plan

1001B Unit Price Per Hour in Excess of those Included in Lump Sum Work Plan

Conduct Soil/Gas Survey IAW TASK 2 of the SOW

1002A Price Per Unit (10 points/unit) Soil Gas Units - 4 foot depth

1002B Price Per Unit (10 points/unit) Soil Gas Units - 14 feet depth

1002C Mobilization Cost for Soil Gas Survey

Conduct Geophysical Survey IAW TASK 3 of the SOW

1003A Price Per Unit of Geophysical Survey (10,000 linear feet) to Include Report of Findings

Locate Install and Sample Boring TASK 4 of the SOW

1004A Price per Boring up to 10 feet

1004B Price per foot of Boring 11 to 20 feet

1004C Price per foot of Boring 21 to 60 feet

1004D Price per foot of Boring 61 to 150 feet

1004E Mobilization Cost for Soil Borings

Locate Install and Sample Monitoring Wells IAW TASK 5 of the SOW

1005A Price per 2" Monitoring Well up to 10 feet

1005B Price per foot of 2" Monitoring Well 11 to 20 feet

1005C Price per foot of 2" Monitoring Well 21 to 60 feet

B35 Con’t Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

1005D Price per foot of 2" Monitoring Well 61 to 150 feet

1005E Price per 4" Monitoring Well up to 10 feet

1005F Price per foot of 4" Monitoring Well 11 to 20 feet

1005G Price per foot of 4" Monitoring Well 21 to 60 feet

1005H Price per foot of 4" Monitoring Well 61 to 150 feet

1005I Price per foot to close/decommission 2” Monitoring Well

1005J Price per foot to close/decommission 4” Monitoring Well

1005K Mobilization Cost for Monitoring Wells.

Conduct Well Development IAW Task 6 of the SOW

Conduct Direct Push Testing (DPT) IAW TASK 7 of the SOW

1007A Price Per Unit of DPT (5 pores per unit)

1007B Mobilization Cost for DPT Testing

Conduct Analytical Testing, Cost Per Test for the Following Procedures:

1008A

1008B

1008C

1008D

1008E

1008F

1008G

1008J

1008I

1008J

1008K

1008L

Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

1008M

1008N

1008O

1008P

1008Q

1008R

1008S

1008T TCLP Metals

1008U 9045 $___________ $___________ $___________ $___________

1008V

1010/1020

1008W

AK 101

1008X

AK 102

1008Y

AK 103

Perform Monitoring Well Survey IAW TASK 9 of the SOW

1009A Price per Unit of Well Location Surveying (10 wells/unit)

Install and Maintain Recovery Well IAW TASK 10 of the SOW

1010A

Price per 6” Recovery Wells up to 10 ft (including water table depression and free product recovery pump)

1010B Price per foot of 6” Recovery Well from 11 to 20 feet

1010C

21 to 60 ft

1010D

61 to 120 ft

1010E Mobilization Costs for 6” Recovery Well

1010F Monthly price for Operation and Maintenance of 6” Recovery Well

Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

1010G Cost of Installing Water Table Depression and Free Product Recovery Pump System on a 4” Monitoring Well

1010H Mobilization Cost for 4” Recovery Pump System

1010I Monthly Price for Operation and Maintenance of 4” Recovery Well

Lump Sum Price Per to Conduct Pump Test IAW Task 11 of the SOW

Provide Report Findings IAW Task 12 of the SOW

1012A Lump Sum for Report Preparation, Duplication, and Distribution

1012B Price Per Hour for Report in Excess of those Included in the Lump Sum

Miscellaneous Services IAW TASK 13 of the SOW

1013A Project Manager Price Per Hour

1013B Engineer I Price Per Hour*

1013C Engineer II Price Per Hour*

1013D Engineer III Price Per Hour*

1013E Chemist Price Per Hour

1013F Environmental Scientist I Price Per Hour*

1013G Environmental Scientist II Price Per

1013H Environmental Scientist III Price Per

1013I Geologist I Price Per Hour*

1013J Geologist II Price Per Hour*

1013K Geologist III Price Per Hour*

1013L Hydrogeologist I Price Per Hour*

1013M Hydrogeologist II Price Per Hour*

1013N Hydrogeologist III Price Per Hour*

Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

1013O Toxicologist I Price Per Hour*

1013P Toxicologist II Price Per Hour*

1013Q Toxicologist III Price Per Hour*

1013R Drafter Price Per Hour

1013S Traffic Control Engineer Price Per Hour

1013T Cost Accountant Price Per Hour

1013U Secretary Price Per Hour

1013V Site Labor Foreman Price Per Hour

1013W Remediation System Operator Price Per Hour

1013X Heavy Equipment Operator Price Per Hour

1013Y Laborer Price Per Hour

1013Z Drill Rig Operator Price Per Hour $___________ $___________ $___________ $___________

1013AA

Engineering Technician Price Per Hour

1013AB

Utility Truck Price Per Day

1013AC

02/Explosimeter Price Per Day

1013AD

Sampling Pump Price Per Day

1013AE

Flame Ionization OCA Price Per Day

1013AF

Air Velocity Meter Price Per Day

1013AG

Field GC Price Per Day

1013AH

Furnish and Fill with Soil or Water DOT Approved 55 Gal Drum, Price Per Drum

1013AI

Shipping of Soil and Water Samples for Analytical Testing Price Per 251b Shipping Container

1013AJ

Disposable Bailers

1013AK

500 CFM Thermal Oxidizer (for 6 months use, including mobilization and demobilization)

Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

1013AL

Tedlar Bags Price Per Dozen

1013AM

Pickup Truck (1/2 ton) Price Per Day

1013AN

1 CY Backhoe Loader Price Per Day

1013AO

1 1/2 CY Hydraulic Excavator Price Per Day

1013AP

Rough Terrain Accessible Drill Rig Price Per Day

1013AQ

Dewatering Pump (150 GPM) Price Per

1013AR

Air Compressor (7 cfm) Price Per Day

1013AS

Generator (4000 watt) Price Per Day

1013AT

CAD Equipment Use Charge Price Per

1013AU

Photoionization Detector Price Per Day

Other Direct Cost Reimbursable Services, Materials, or Supplies (Percent Markup for Overhead & Profit)

Lump Sum Price for Background Review

*Where labor grade classifications are used (e.g., I, II, III), I is the lowest skill level, II is the intermediate, and III is the highest skill level.

**State as a percentage, it will be added to the Direct Cost of Work Negotiated under CLIN 1016

(DESC 52.207-9F95)

SECTION H – SPECIAL CONTRACT REQUIREMENT

H9 KEY PERSONNEL (DESC AUG 1991)

(a) The Contractor shall assign to this contract the following key personnel:

(Insert employee's name and title/position.)

H9 Con’t

(b) During the first 120 calendar days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by (c) below. After the initial 120 calendar day period, the Contractor shall submit the information required by (c) below to the Contracting Officer at least 30 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 30 calendar days after receipt of all required information of the decision on substitutions.

(DESC 52.216-9F80)

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

K1.01-5 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that--

(a) It--

[ ] has [ ] has not--participated in a previous contract or subcontract subject to the EQUAL OPPORTUNITY clause of this solicitation;

(b) It--

[ ] has [ ] has not--filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(FAR 52.222-22)

K1.01-6 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

THE FAR REPRESENTATION IN THE FOLLOWING PARAGRAPH SHALL BE COMPLETED BY EACH OFFEROR WHOSE

OFFER IS $50,000 OR MORE AND WHO HAS 50 OR MORE EMPLOYEES.

This representation--

[ ] DOES APPLY.

[ ] DOES NOT APPLY.

The offeror represents that--

(a) It--

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

(b) It--

[ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(FAR 52.222-25)

K1.06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS + 4” followed by the DUNS number or DUNS + 4 that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS + 4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or, if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state, and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(FAR 52.204-6)

K1.01-11 SMALL BUSINESS PROGRAM REPRESENTATIONS (ALTERNATE I) (MAY 2004/APR 2002)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 562910

(2) The small business size standard is 500 employees.

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

(b) REPRESENTATIONS.

(1) The offeror represents as part of its offer that it--

[ ] is, [ ] is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it--

[ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it--

[ ] is, [ ] is not a women-owned small business concern.

http://fedgov.dnb.com/webform

K1.01-11 Con’t

(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that it—

[ ] is [ ] is not a veteran-owned small business concern.

(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents, as part of its offer, that it—

[ ] is [ ] is not a service-disabled veteran-owned small business concern.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(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 office, 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 subdivision (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. The offeror 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 representation.

(7) (Complete if the offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls:

[ ] Black American.

[ ] Hispanic American.

[ ] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

K1.01-11 Con’t [ ] Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

[ ] Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

[ ] Individual/concern, other than one of the preceding.

(c) DEFINITIONS. As used in this provision—

(1) Service-disabled veteran-owned small business concern 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).

(3) 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 the size standard in paragraph (a) of this provision.

(4) Veteran-owned small business concern means a small business concern—

(i) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 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

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

(5) Women-owned small business concern means a small business concern—

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

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

(d) NOTICE.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(i) Be punished by imposition of a fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(FAR 52.219-1/Alternate I)

K7 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2008)

NOTE: This notice does not apply to small businesses or foreign governments.

This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. DISCLOSURE STATEMENT - COST ACCOUNTING PRACTICES AND CERTIFICATION

(a) Any contract in excess of $650,000 resulting from this solicitation, will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts that are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

K7 Con’t CAUTION: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

[ ] (1) CERTIFICATE OF CONCURRENT SUBMISSION OF DISCLOSURE STATEMENT.

The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable, and (ii) one copy to the cognizant contract auditor.

(Disclosure must be on Form Number CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement: _______________________________________________ Name and address of cognizant ACO or Federal official where filed:

The offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

[ ] (2) CERTIFICATE OF PREVIOUSLY SUBMITTED DISCLOSURE STATEMENT.

The offeror hereby certifies that Disclosure Statement was filed as follows:

Date of Disclosure Statement: ________________________________________________ Name and address of cognizant ACO or Federal official where filed:

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

[ ] (3) CERTIFICATE OF MONETARY EXEMPTION.

The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

[ ] (4) CERTIFICATE OF INTERIM EXEMPTION.

The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in

(3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. COST ACCOUNTING STANDARDS - ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES clause in lieu of the COST ACCOUNTING STANDARDS clause.

[ ] The offeror hereby claims an exemption from the COST ACCOUNTING STANDARDS clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

CAUTION: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS

The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the COST ACCOUNTING STANDARDS clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.

[ ] YES [ ] NO

(FAR 52.230-1)

K15.03 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that--

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above ________________________________________________________________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(FAR 52.203-2)

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations.

NAME TITLE PHONE NUMBER E-MAIL ADDRESS

(DESC 52.215-9F28)

K41 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) DEFINITION. Women-owned business concern, as used in this provision, means a concern 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 whose management and daily business operations are controlled by one or more women.

(b) REPRESENTATION. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, SMALL BUSINESS PROGRAM REPRESENTATIONS, of this solicitation.] The offeror represents that it—

[ ] is [ ] is not a women-owned business concern.

(FAR 52.204-5)

K60 PROHIBITION ON CONDUCTION RESTRICTED BUSINESS OPERATIONS IN SUDAN –

CERTIFICATION (JUN 2008)

(a) DEFINITIONS. As used in this provision-- Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means--

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Person means--

(1) A Natural person, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent company or subsidiary of any entity described in paragraphs (1) or (2) of this definition.

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 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 conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

(b) CERTIFICATION. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.

(FAR 52.225-20)

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY

(OCT 2006)

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

(1) Government of a terrorist country includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.

(2) Terrorist country means a country determined by the Secretary of State, under Section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries include Cuba, Iran, North Korea, Sudan, and Syria.

(3) Significant interest, as used in this provision means--

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtedness of a firm.

(b) PROHIBITION ON AWARD. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) DISCLOSURE.

If the government of a terrorist country has a significant interest in the offeror or a subsidiary of the offeror, the offeror shall disclose such interest in an attachment to its offer. If the offeror is a subsidiary, it shall also disclose any significant interest each government has in any firm that owns or controls the subsidiary. The disclosure shall include--

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each Government.

(DFARS 252.209-7001)

K88 TAXPAYER IDENTIFICATION (OCT 1998)

(a) DEFINITIONS.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) 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 IRS. If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) 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.

(d) 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.

(e) TYPE OF ORGANIZATION.

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] International organization per 26 CFR 1.6049-4;

[ ] Other _________________________________.

(f) COMMON PARENT.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[ ] Name and TIN of common parent:

Name: ___________________________________________________________________________

TIN: ____________________________________________________________________________

(FAR 52.204-3)

K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that--

(i) The Offeror and/or any of its Principals--

(A) [ ] are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) [ ] have, [ ] have not within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for:

commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

K94Con’t

(C) [ ] are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) [ ] have, [ ] have not within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror--

[ ] has, [ ] has not within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO

PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

K94 Con’t

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility.

Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(FAR 52.209-5)

K96 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2005)

(a) The definitions and prohibitions contained in the clause at FAR 52.203-12, LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989--

(1) 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 in connection with the awarding of this contract;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(FAR 52.203-11)

K99 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (JUN 2003)

(a) Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1995.

(b) By signing this…