2-FLC611RFQandSOW June09.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

7. FOR SOLICITATION INFORMATION CALL:

a. NAME

LATANYA EVANS-TATE

b. TELEPHONE NUMBER (no collect calls)

510-970-8347

8. OFFER DUE DATE/

LOCAL TIME

05/11/2009 2:00 PM

10. THIS ACQUISITION IS

Social Security Administration

Financial Management Team, R-6 (CONTRACTS)

1221 Nevin Avenue (Attn: LATANYA EVANS-TATE)

Richmomd, CA 94801-3123

Coml: 510-970-8347 Fax: 510-970-8106

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UNRESTRICTED OR

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SET-ASIDE FOR:

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SMALL

BUSINESS

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EMERGING SMALL BUSINESS

8(A)

SIZE

STANDARD:

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SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

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SEE SCHEDULE

12. DISCOUNT TERMS

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13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

Social Security Administration (SSA)

MOS, HRC, ETDT, Attn: Maragrita Martinez, 510-970-4327 1221 Nevin Avenue

Richmond, CA 94801 Same as Item # 9 Above.

FACILITY

Social Security Administration

Office of Finance

P.O. Box 47

Baltimore, MD 21235-0047

TELEPHONE NO.

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SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Social Security Administration - Front Line Conference held in Sacramento County or Placer County or Yolo County, California area one-day only on Thursday, June 11, 2009. See page 3 – 5 for complete description of services and dates.

OFFERS DUE DATE: Monday, May 11, 2009, at 2:00 PM, California Time

(See The Attached pages for complete description of services) Circle the proposed county in Section B, Pricing

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

TIN:

DUNS:

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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ARE FORMCHECKBOX

ARE NOT ATTACHED.

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29. AWARD OF CONTRACT: REF. YOUR OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS SPECIFIED IN THE SCHEDULE AND ON ANY ATTACHED SHEETS.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM MO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Contractor shall provide meeting space, food and beverages, audiovisual equipment, and other services in accordance with the attached Statement of Work (SOW).

Award will be made to the contractor with the lowest priced aggregate total that meets the requirements. Provide your pricing and circle the proposed county on the attached Pricing Guide/Sheet in Section B on page 4. For complete description of services refer to page 5 through 6.

Provide all information requested on the SF-1449 and the Pricing Sheet.

Attach with your response the following:

1. Documents showing breakdown of quoted prices, meeting spaces, square footage and layout of hotel.

2. Completed the SF-1449, page 1.

3. Completed Pricing Sheet and proposed location, page 4.

4. Section D, D-1 pages 7.

5. Complete copy of your Representations and Certifications, pages 16-26.

6. Copy of your hotel food and beverage menus and what food items is proposed for this procurement.

7. Copy of your audio visual price list.

SSA is a US Government Agency and is tax exempt.

SSA will not sign any hotel contracts as award created by the Government Contracting Officer will become the contract for this event.

All interested offerors must be registered in the Central Contractor Registration (CCR) database prior to award of any contract. NO AWARD will be made to any offeror who is not registered in the CCR. Information and on-line registration is available at HTTP://WWW.CCR.GOV.

FINAL INVOICE SHALL BE MAILED BLOCK NUMBER 9.

PAYMENT WILL BE ISSUED BY BLOCK NUMBER 18a UPON RECEIPT AND ACCEPTANCE OF ALL SERVICES OUTLINED PER THE SOW.

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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ACCEPTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVTERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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PARTIAL FORMCHECKBOX

FINAL

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COMPLETED

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PARTIAL

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FINAL

40. PAID BY

42b. RECEIVED AT (Location)

42c. DATE REC'D (MM/DD/YYYY)

42d. TOTAL CONTAINERS

ADDENDUM TO STANDARD FORM (SF-1449)

In accordance with Federal Acquisition Regulation (FAR) 12.302/Tailoring of Provisions and Clauses for the Acquisition of Commercial Items and 12.303/Contract Format, this addendum to the SF 1449 provides for continuation of the schedule and description of the supplies/services to be acquired and terms and conditions as necessary for the performance of the services under the contract.

TABLE OF CONTENTS

SECTION A-

Standard Form (SF) 1449, Solicitation/Contract/Order for Commercial Items

SECTION B-

Supplies or Services and Prices/Costs

SECTION C-

Description of Supplies or Services – Statement of Work

SECTION D-

Other Contract Terms and Conditions

SECTION E-

Contract Clauses

SECTION F-

FAR 52.212-3 Offeror Representations and Certifications Commercial Items and Addenda to FAR 52.212-3 Offeror Representations and Certifications Commerical Items

SECTION G-

FAR 52.212-1 Instructions to Offerors—Commercial Items

SECTION H-

Addendum To FAR 52.212-2, Evaluation-Commercial Items

The remainder of this page is intentionally left blank.

SECTION B ‑ PRICING

SUPPLIES/SERVICES DEFINED

The Contractor shall complete the pricing table below.

* (subject to change +/- 5 people)

Total Food & Beverage

Extension cords/power strips/Hotel Staff AV technical assistance for General Meeting /Breakout Rooms

Total Audio Visual

(Note: All A/V equipment needs are subject to change. If item(s) are not needed, they are to be removed from final invoice.)

Sub Total

Service Charge @ xx%

Tax @ x.x%

(Federal Govt is tax exempt on certain supplies and services)

Total Price

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

STATEMENT OF WORK

Front Line Employee Conference: Sacramento County or Placer County or Yolo County, California Background: The Social Security Administration (SSA) has a requirement for a venue that can provide the necessary services for a one-day conference to be held in Sacramento County or Placer County or Yolo County, California on Thursday, June 11, 2009. The conference attendees are public contact employees from throughout the San Francisco Region who will meet to receive training on employee development. The program will include workshops conducted by private vendors and SSA staff.

Dates:

Thursday, June 11, 2009 Times:

7 am to 4 pm Mandatory Requirements:

· General Meeting Room The venue shall have a general meeting room, which must be at least 3,400 sq. ft. to accommodate at least 165 people. The room will be used on the specified date for plenary sessions and during a mandatory lunch. The meeting room shall be set with round tables that will accommodate 8 people seated at each table. The location of the general meeting space should be in very close proximity to breakout rooms, either on the same floor or a floor immediately above or below with easy escalator/elevator access. Breakout rooms should not be in a separate part of the hotel property.

The Audiovisual (AV) equipment* needed in this room is as follows:

· Large screen that can be clearly seen throughout the room (9x12 fast-fold screen)

· LCD projector

· Podium and podium microphone set up on stage

· 2 handheld microphones

· 1 Lavalier

· Extension cords/power strips

· Hotel staff AV technical assistance

· 6-channel mixer

· 1 easel stand outside of room to display signage

· Breakout Rooms (2)

In addition to the general meeting room, the venue must have 2 separate breakout rooms, each of which must be at least 1,200 sq. ft. that can accommodate up to 80 people per room, set up with round tables that accommodate 8-10 people seated per table. The general meeting room cannot be used as the breakout rooms. The breakout rooms must be sound-proofed. These breakout rooms shall be in close proximity to the general meeting room, either on the same floor or immediately above or below with easy escalator/elevator access. After set-up, each room should have enough space for an instructor to comfortably move through the room between the tables and have sufficient space for AV equipment. The breakout rooms shall be available from 8 am to 4 pm.

The AV equipment* required in each breakout room is as follows:

· 3 flipchart stands with markers (1 flipchart stand with markers in one breakout room and 2 flipchart stands with markers in the second breakout room

· LCD Projector (provisions must be made to allow LCD projectors to be brought in from outside)

· Screen

· 1 (one) Lavalier microphone

· Mixer

· Staff AV technical assistance (as needed)

· 1 easel stand outside of each room to display signage

· 1 hand-held microphone

(*Note: All A/V equipment needs are subject to change. If item(s) are not needed, they are to be removed from final invoice.)

· Catering Services

· The venue shall provide full catering services for a morning and afternoon refreshment break and one lunch as specified below:

· Morning refreshment service will consist of coffee/tea/hot water, sliced fruit and an assortment of sweet breads, rolls, pastries, etc. This set up should be done no later than 75 minutes (7:15 am) prior to the start of the morning session, which begins at 8:30 am. Coffee/tea/hot water refresh should be provided during the first morning break (approx. 10:00 am) as part of the service.

· Afternoon refreshment break will consist of coffee/tea, soda, bottled water, and an assortment of fresh fruit, cookies/pastries, ice cream, snacks or similar items.

· Lunch shall consist of a “complete buffet meal” that includes salad, choice of sandwich or entrée, starch, vegetables, coffee/iced tea and dessert. Special diet (i.e. Kosher, vegetarian) provisions must be available.

· These services are required on the specified day of the meeting.

· Sleeping Rooms

Sleeping rooms are not a part of this acquisition, as attendees are responsible for making their own reservations for sleeping rooms. However, the facility must be able to accommodate 65 sleeping rooms the night prior to the day of the meeting, Wednesday, June 10, 2009. The sleeping room rates cannot be higher than the federal per diem rate of $114.00 (Sacramento County), $105.00 (Placer County), $100.00 (Yolo County) per night for all guests. Room rates shall be tax-exempt with proper forms and payment with Government credit card. In addition, this rate shall be honored for those participants who may want to arrive one day prior to the start of the conference or who may want to stay an additional night at the end of the conference.

· Other Considerations:

· Venue must provide free or reduced rate/low-cost parking (important for local participants).

· Venue must have ample restroom accommodations in close proximity to the meeting rooms.

· Venue must provide a storage/work room for staging (for conference staff) the day prior and day of the conference.

· Venue must have adequate restaurants/shops within a close walking radius of the hotel.

SECTION D – OTHER CONTRACT TERMS AND CONDITIONS

D-1

DESIGNATION OF CONTRACTOR PROGRAM MANAGER

The contractor shall designate the following individual as the Program Manager responsible for handling contract administration for the contractor:

Name_______________________________

Title_________________________________

Telephone No._________________________

Address_____________________________________________

D-2

DESIGNATION OF GOVERNMENT CONTRACTING OFFICER

LaTanya Evans-Tate, Regional Contracting Officer, has been designated to administer the contractual aspects of this contract. Changes to the Statement of Work, contract prices, quantity, quality or delivery schedule shall be made only by the Contracting Officer by a properly executed modification. All correspondence that in any way concerns the terms or conditions of this contract shall be submitted directly to the Contracting Officer at the following address:

Social Security Administration (SSA)

Telephone Number

(510) 970-8347

Financial Management Team, R-6

Fax Number

(510) 970-8106

Attention: LaTanya Evans-Tate

P.O. Box 4205

Richmond, CA 94804

The contractor is not obligated to perform and will not provide any services not specified in this contract, unless a mutually acceptable agreement has been negotiated by the contractor and the Contracting Officer. Negotiated agreements will be incorporated into this contract by issuance of written modifications by the Contracting Officer.

D-3 DESIGNATION OF GOVERNMENT CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR) The individual named below is hereby designated as the Contracting Officer Technical Representative (COTR) formally knows as Government Project Officer (PO) for this contract. The COTR/PO is responsible for the technical administration of this contract, in accordance with the provisions of the clause included herein entitled, "Technical Direction." The COTR’s mailing address is as follows:

NAME

ADDRESS

Margarita Martinez

Refer to Block # 15 of the SF1449 (page1) The COTR/PO shall be responsible for coordinating with the contractor the technical aspects of the contract. The COTR/PO is NOT authorized to make any changes which affect the contract amount, terms or conditions. The Contracting Officer is the only person with the authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the Statement of Work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor for any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

D-4

TECHNICAL DIRECTION

Performance of the work under this contract shall be subject to the technical direction of the COTR/PO. The term "technical direction" is defined to include, without limitation, the following:

· Directions to the contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require the pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual statements of work.

· Provision of information to the contractor which assists in the interpretation of [drawings], specifications or technical portions of the work description.

· Review and, where required by contract, approval of [technical reports, drawings], specifications or technical information to be delivered by the contractor to the Government under the contract.

Technical direction must be within the general scope of work stated in the contract. The COTR/PO does NOT have the authority to, and may NOT, issue any technical direction which: (1) constitutes the assignment of any additional work outside the general scope of the contract; (2) constitutes a change as defined in the contract clause entitled, "Changes;" (3) in any manner causes an increase or decrease in the total contract cost, or time required for the contract performance or (4) changes any of the expressed terms, conditions or specifications of the contract.

All technical directions shall be issued in writing by the COTR/PO or shall be confirmed by him/her in writing within 5 working days after issuance. The contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within his/her authority under the provisions of this article.

If, in the opinion of the contractor, any instruction or direction issued by the COTR/PO is within one of the categories as defined in (1) through (4) above, the contractor shall not proceed, but shall notify the Contracting Officer, in writing, within 5 working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the contractor, the Contracting Officer shall issue an appropriate contract modification or advise the contractor, in writing, that, in his/her opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause of the contract. The contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the contract clause entitled, "Contract Terms and Conditions - Commercial Items."

D-5

ADDENDUM TO BLOCK # 18B:

SUBMISSION OF INVOICES

The contractor will submit the original invoice to the Contracting Officer to the address identified in Block #9 on the Standard Form (SF) 1449 after completion of the work. Upon full verification, and acceptance of all services performed, the invoices will be forwarded by the Government to the designated payment office (see Item # 18a, page 1) for payment.

The contractor agrees to include the following information on each invoice submitted:

(1) Contractor name, invoice number and invoice date;

(2) Contract number;

(3) Description, cost or price, and quantity of property and/or services actually shipped or provided;

(4) Shipping, payment and discount terms;

(5) DUNS (Dun & Bradstreet) Number;

(6) IRS Taxpayer Identification Number (TIN); and

(7) Name, title, phone number, and complete mailing address of individual to whom payment is to be sent.

NOTE: Payment may be delayed for any invoice that does not contain a Taxpayer Identification Number (TIN) or a DUNS number. To assure payment without delay, please include the TIN and DUNS numbers on all invoices.

Payment under this contract will normally be accomplished through Electronic Funds Transfer (EFT). Remittance information associated with EFT payments is now available via the Payment Advice Internet Delivery (PAID) system on the Department of Treasury's Internet site at http://fmsapps.treas.gov/paid/. This site provides an explanation of the system, how it works, security and access information, a user demonstration, and registration information. There is no charge to use the PAID system.

You may also direct payment inquiries to SSA's Office of Finance, Customer Service Group at 410-965-0607, send an email to payment.inquiries@ssa.gov, or visit its Internet site at http://www.ssa.gov/vendor. You may also access the PAID system through a link on this site.

NOTE: Payment may be delayed for any invoice that does not contain a Taxpayer Identification Number (TIN) or a DUNS number. To assure payment without delay, please include the TIN and DUNS numbers on all invoices.

Payment under this contract will normally be accomplished through Electronic Funds Transfer (EFT). Remittance information associated with EFT payments is now available via the Payment Advice Internet Delivery (PAID) system on the Department of Treasury's Internet site at http://fmsapps.treas.gov/paid/. This site provides an explanation of the system, how it works, security and access information, a user demonstration, and registration information. There is no charge to use the PAID system.

You may also direct payment inquiries to SSA's Office of Finance, Customer Service Group at 410-965-0607, send an email to payment.inquiries@ssa.gov, or visit its Internet site at http://www.ssa.gov/vendor. You may also access the PAID system through a link on this site.

D-6 OTHER TERMS AND CONDITIONS:

INSURANCE

The U.S. Government is a self-insured entity. By law, in the absence of express statutory authority to the contrary, federal appropriations are not available for the purchase of commercial liability insurance. No statutory authority exists which would apply to this license agreement. The Comptroller General of the United States in 19 Comp Gen 211,214 (1939) has stated "the magnitude of the Federal Government's resources obviously makes it more advantageous for the Government to carry its own risks than to shift them to private insurers", therefore the Government will self-insure for this event.

Congress has provided liability protection through various Claims Acts. Claims against the Government for the negligence of its employees can be filed under the Federal Tort Claims Act, or if damage is less than $1000, under the Federal Small Claims Act.

If the question of liability concerns SSA employees, the Military Personnel and Civilian Employees' Claims Act, covers any damage to federal employees' property incident to employment. Injury to employees, while on duty, is covered under the Federal Employees' Compensation Act, although this does not preclude employees from bringing an independent action against a third party whose negligence allegedly causes an injury.

LIABILITY OF THE UNITED STATES

Title 28, Chapter 171, Tort Claims Procedures, Section 2674

The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.

If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof.

With respect to any claim under this chapter, the United States shall be entitled to assert any defense based upon judicial or legislative immunity which otherwise would have been available to the employee of the United States whose act or omission gave rise to the claim, as well as any other defenses to which the United States is entitled.

With respect to any claim to which this section applies, the Tennessee Valley Authority shall be entitled to assert any defense which otherwise would have been available to the employee based upon judicial or legislative immunity, which otherwise would have been available to the employee of the Tennessee Valley Authority whose act or omission gave rise to the claim as well as any.

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SECTION E – CONTRACT CLAUSES

E–1. FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)

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

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “DEVIATION” after the name of the regulation.

E-2. FAR 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2008)

FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2008) is incorporated by reference in accordance with Item 27a., on page 1 of the Standard Form (SF) 1449.

E-3 FAR 52.252-2 – Clauses Incorporated by Reference (FEB 1998)

This contract incorporated one or more clauses by reference, with the same force and effect as if they were given in full text available. Also, the full text of a clause may be accessed electronically at the following internet website – http://www.arnet.gov/far.

52.203-3 Gratuities

April 1984

52.224-1 Privacy Act Notification

52.224-2 Privacy Act

E- 4. FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders-Commercial Items (FEB 2009)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being 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) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

__ (4) 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).

__ (5) [Reserved]

__ (6)(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.

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

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

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

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

__ (10) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (11) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (12)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (13) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

__ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

X_ (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (18) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

X_ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X_ (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X_ (21) 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_ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X_ (23) 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).

X_ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ (25) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (26)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (28)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

X_ (29) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (30)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Feb 2009) (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.

__ (31) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (32) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (35) 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)).

__ (36) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X_ (37) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (38) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (39) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (41)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

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

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

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

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

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

(iv) 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).

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

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

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

(viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xi) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

SECTION F – REPRESENTATION AND CERTIFICATIONS

Authorized Signature

The representations and certifications must be executed by an individual authorized to bind the company. The quoter makes the following representations and certifications as part of its quote (check or complete all appropriate boxes or blanks on the following pages).

(Name of Company)

Date

(Typed Name of Authorized

(Signature of Authorized

Individual)

Individual)

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

52.204-6 Data Universal Numbering System (DUNS) Number.

As prescribed in 4.607(a), insert the following provision:

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 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). (End of provision)

52.204-7 Central Contractor Registration (April 2008 incorporated by reference on page 1 of the Solicitation/Contract/Order for Commercial Items, SF-1449, is replaced with the following tailored version):

All interested offerors must be registered in the Central Contractor Registration (CCR) database prior to award of any contract. NO AWARD will be made to any offeror who is not registered in the CCR. Information and on-line registration is available at HTTP://WWW.CCR.GOV.

52.212-3 Offeror Representations and Certifications—Commercial Items.

Offeror Representations and Certifications—Commercial Items (feb 2009)

An offeror shall complete only paragraph (b) 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 (c) through (m) of this provision.

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person 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.

“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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

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

(i) [Complete only for solicitations…