SV029-08.PDF

1. REQUSITION NUMBER

5000022141

2. CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

SV029-08

6. SOLICITATION ISSUE DATE

02/14/2008

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Chyrel L McPherson

b. TELEPHONE NUMBER (No collect calls)

202-305-7284

8. OFFER DUE DT/LOCAL TIME

03/20/2008 2:00PM

9. ISSUED BY CODE

UNICOR, FPI Central Office 320 First Street NW Washington, DC 20534

10. THIS AQUISITION IS

X UNRESTRICTED

SET ASIDE0 % FOR

SMALL BUSINESS

SMALL DISADV.BUSINESS

8(A)

SIC: 5139

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

X SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB X RFP

16. ADMINISTERED BY CODE

UNICOR, FPI Central Office 320 First Street NW Washington, DC 20534

17a. CONTRACTOR/OFFEROR CODE 999999999 FACILITY CODE

-, DC

TELEPHONE NO. TIN:

RFQ: 6200006120

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

18a. PAYMENT WILL BE MADE BY CODE

UNICOR FPI Central Acct Payable P. O. Box 4000

BUTNER, NC 27509-4000 (1-800-827-3168),

USA

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

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

See Section B

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES

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

X FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE __________________________________

OFFER DATED __________________. YOUR OFFER ON SOLICITATION (BLOCK 5),

X INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HERIN,

ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

Chyrel L McPherson 202-305-7284

31c. DATE SIGNED

02/20/2008

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE

33. SHIP NUMBER

PARTIAL FINAL

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42d. TOTAL CONTAINERS

15. DELIVER TO CODE

UNICOR Distribution Center 1300 Metropolitan Ave

LEAVENWORTH, KS 66048

USA

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95)

Prescribed by GSA - FAR (48 CFR) 53.212

PAGE 1 OF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

Terms

SHOE CONSIGNMENT PARTNERSHIP PROPOSAL

Background:

This proposal sets forth the terms and conditions for a partnership agreement between Federal Prison Industries, Inc.

(FPI) and contractor to provide safety toe shoes to FPI’s warehouse facility located in Leavenworth, Kansas. The contractor will provide ongoing assistance in maintaining a level of shoes that is sufficient to meet FPI’s inventory needs. These safety toe shoes are to be provided by the contractor under consignment for sale to other Government agencies.

SCOPE OF WORK

The shoe consignment program will consist of an agreement between Federal Prison Industries (FPI) and contractor to provide safety shoes.

The contractor will agree to consign various types and a range of different sized, safety shoes to FPI, United States

Penitentiary, Leavenworth, Kansas. USP Leavenworth will issue a delivery order for the required number of shoes, as needed, to bring the inventory back up to the model inventory level. Inventory will be maintained at USP Leavenworth as part of USP Leavenworth’s distribution program. In conjunction with the consigned inventory, the contractor will offer a drop shipment program for USP Leavenworth. This will allow USP Leavenworth to place large requirement orders with contractor for direct shipment to any of the Federal Prisons and other government agencies. This will eliminate the depletion of USP Leavenworth’s inventory for fill-in and urgent requirements, and eliminate duplicate handling of both parties. Contractor will directly ship merchandise from their factories to the requisitioning agency. Upon receipt of an order, contractor will provide an exact delivery date of the delivery order. USP Leavenworth reserves the right to negotiate pricing and products for women.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

00001 1 EA 5000022141

SHOE CONSIGNMENT/PARTNERSHIP AGREEMENT

MERCHANDISE

The contractor through their shoe manufacturer agrees to provide on consignment, the following products for distribution through UNICOR.

DESCRIPTION - INVENTORY SHOE DISTRIBUTION

Standard Requirements: 4",6", and 8" Composite Toe and Steel Toe Work Boots

1. Composite toe CAP-Non Metallic

2. Non Metallic Eyelets

3. Must offer Medium Wide (E)and Wide Wide (EEE) widths

4. Extra double stitching

5. Bamboo Shank or Non Metal Shank

6. Outsole EH (Electrical Hazard) Rated; meets ASTM standards; must provide certificate from Testing

Agency

7. Non Marking, Oil Resistant Outsole

DJU6200006120 PAGE 2 OF 21

Request For Quote

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

8. Black in Color

9. All leather or Action Leather-Polyureathane (PU) coated; lightweight; water resistant

10. Interior lining: Cambrell style look and finish; non staining, breathable

11. Heavy duty, round, nylon laces

12. Each pair individually boxed w/ model size and width easily displayed on the box

13. Available packed solid sizes per case (6 pairs or 12 pairs in a case)

14. Size requirements: Men sizes 5-11, 12, 13, 14, 15, in both E and EEE widths

The above shoes must meet or exceed all ANSI’s standards for impact compression and EH.

IMPORTANT NOTE: PROSPECTIVE VENDORS ARE TO SUBMIT PHOTOS OF THE SHOES BEING OFFERED TO THE CONSIGNMENT

PROGRAM ON A PDF FILE (NO BLACK AND WHITE PHOTOS, PLEASE) TO THE CONTRACTING OFFICER, CHYREL MCPHERSON AT

CMCPHERS@CENTRAL.UNICOR.GOV (202) 305-7284 AND PAULA JONES,PROGRAM MANAGER @PJONES@CENTRAL.UNICOR.GOV, TELEPHONE NUMBER (951) 461-4034 PRIOR TO BID OPENING DATE. A COLOR PHOTO ON WHITE COPY PAPER IS REQUIRED TO

BE INCLUDED WITH YOUR OFFER. PHOTO PAPER IS NOT REQUIRED.

Estimated maximum quantity for life of contract (other shoe styles may be added based on review of submitted samples. Below is only an estimate):

Est. 3 Yr. Material Description Year 1 Year 2 Year 3 Total

6" black leather steel-toe boot, Oil resistant and Electrical

Hazard Sole, Non-Metal Shank 26,000 26,000 26,000 78,000

4" Black Action Leather Upper, Composite Safety-toe Oxford, Oil resistant and Electrical

Hazard Sole, Non-Metal Shank 8,500 8,500 8,500 25,500

6" Black, Composite-toe Boot, Oil resistant and Electrical

Hazard Sole, Non-Metal Shank 390,000390,000 390,000 1,170,000

8" Black Action Leather Upper

Steel-toe Safety Boot, Oil resistant and Electrical Hazard Sole

Non-Metal Shank Construction 5,000 5,000 5,000 15,000

4" Black, Steel-toe, Pucker

Mock Oxford, Soft, Full grain

Leather Upper with Padded Collar

Thick Cushioned Wedge Outsole 1,500 1,500 1,500 6,000

DJU6200006120 PAGE 3 OF 21

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

8" Black Composite-toe Safety

Boot, Oil resistant and

Electrical Hazard Sole, Non-Metal Shank 2,000 2,000 2,000 6,000

6" Black, Soft Leather, Composite-toe Boot, Plastic shank 2,500 2,500 2,500 7,500

6" Steel Toe, Black Leather

Work Boot, Soft Sole, soft Leather, Oil resistant and Electrical Hazard Sole

Non-Metal Shank 157,000 157,000 157,000 471,000

INVENTORY SETUP

The contractor agrees to set up a model stock inventory, within the first 3-6 months of the initial contract being signed. The inventory shall be maintained at sufficient levels for FPI to adequately fill the needs of their customers. FPI will assume responsibility for the shoes after delivery to the FPI warehouse.

COMPENSATION

USP Leavenworth will compensate contractor for shoes as they are released (purchased by customer) from the inventory at USP Leavenworth. USP Leavenworth will notify contractor at end of each month the number that was purchased. At this time, contractor will issue an invoice for payment for the number of shoes sold that particular month.

ORDER PROCESSING

USP Leavenworth will issue a delivery order for the number of required shoes to replenish the inventory back up to model inventory level. Delivery time of shoes should be no more than 30 days from receipt of delivery order for the contract price. USP Leavenworth will maintain the option of placing special orders for hard to fit individuals. All special orders will be priced according to any GSA Contract or Direct Mail Order Price

List in effect at the time the order is placed.

DELIVERY TERMS

The contractor is required to deliver shoes no more than (30) days from receipt of delivery order for the contracted price. Delivery time for the initial inventory quantities should be no more than 60 days from receipt of zero value delivery order from USP Leavenworth.

INVOICING AND PAYMENT TERMS

Payment for shoes purchased out of the consignment will be paid in accordance with the Prompt Pay Act, via electronic payment. Payment terms for all purchases from contractor will be net 30 Days. Electronic funds transfer information will be required from contractor, and vendor is required to register on the Central

DJU6200006120 PAGE 4 OF 21

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

Contractors Registration website, www.ccr.gov, and must maintain an active registration. Freight charges for all shipments will be paid FOB Destination.

INVOICING AND PAYMENT TERMS (DROP SHIP)

All merchandise dropped shipped will be invoiced and paid in accordance with the Prompt Pay Act, via electronic payment. All drop shipment orders will be billed at the time of shipment, separately from the consignment purchases. Freight charges for all shipments will be paid, FOB Destination.

WARRANTY AND RETURN POLICY

Concerning warranties, all shoes provided by the contractor under this contract will be subject to standard applicable manufacturers warranties. The contractor will not be required to provide any additional warranties beyond the standard manufacturers warranties (i.e. defects in the material or the workmanship).

UNICOR will be able to return any unworn boots/shoes in the event the customer order the wrong style or size.

UNICOR will be fully reimbursing the customer of any monies paid, and therefore, will be fully reimbursed by the vendor with no additional restocking fees or charges.

DJU6200006120 PAGE 5 OF 21

SPECIAL NOTICE: Vendors will need to provide samples of each boot type and style, via physical sample or literature w/picture to (physical samples will not be returned):

Paula Jones, Distribution Program Manager

26856 Adams Avenue, Suite 102

Murrieta, CA 92562

Phone: (951) 461-4034

DESIGNATED FACTORY LOCATION TO PERFORM WORK:

Leavenworth Distribution Center (LVDC)

USP Leavenworth

1300 Metropolitan Avenue

Leavenworth, KS 66048

(913) 682-8700, x1465

SHIPPING ADDRESS:

USP Leavenworth

UNICOR, Federal Prison Industries

Leavenworth Distribution Center (LVDC) Warehouse

1300 Metropolitan Avenue

Leavenworth, KS 66048

(913) 682-8700 x1192

DELIVERIES OR PERFORMANCE

A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph below.

The permissible variation shall be limited to:

Zero Percent Increase

Zero Percent Decrease

This increase or decrease shall apply to each delivery order issued against the resultant contract.

Delivery shall be no later than thirty (30) calendar days after receipt of delivery order. The period of performance for this contract will be from the date of award through three years.

Delivery hours are Monday through Friday, 7:30 a.m. to 2:45 p.m., notwithstanding emergencies and Federal holidays.

INSPECTION AND ACCEPTANCE

Certificate of Conformance

The Contractors signed Certificate of Conformance shall be attached to, or included on the top copy of, the packing slip, or sent ahead of the shipment to the Leavenworth Distribution Center.

The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the

DJU6200006120 PAGE 6 OF 21

rejected supplies or services at the Contractors expense.

The certificate shall read as follows:

I certify that on [insert date], the [insert Contractors name] furnished the supplies or services called for by

Contract No.[ ] via [ ] (Carrier) on [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: [ ]

Signature: [ ]

Title: [ ]

DELIVERIES OR PERFORMANCE

A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph below.

The Government contemplates award of a Firm Fixed-Price contract.

The following provisions/clauses are incorporated by reference:

52.204-4 Printed or Copied Doubled-Sided on Recycled Paper (Aug 2000)

52.204-7 Central Contractor Registration (Jul 2006)

52.217-2 Cancellation Under Multi-year Contracts (OCT 1997)

52.232-18 Availability of Funds. (APR 1984)

52.247-34 F.o.b. Destination. NOV 1991

52.212-2 -- Evaluation -- Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Past Performance/On-Time Delivery 40%, Price and Quality of Products 30, Warranty and Return Policy in accordance to description in requirement 30%. When combined are equal to 100%.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

DJU6200006120 PAGE 7 OF 21

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The following provisions/clauses are incorporated by reference:

52.204-4 Printed or Copied Doubled-Sided on Recycled Paper (Aug 2000)

52.204-7 Central Contractor Registration (Jul 2006)

52.217-2 Cancellation Under Multi-year Contracts. (OCT 1997)

52.232-18 Availability of Funds. (APR 1984)

52.247-34 F.o.b. Destination. (Nov 1991)

52.212-2 -- Evaluation -- Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Past Performance/On-time Delivery 50%, Price and Specifications are equal to 50%.

When combined are equal to 100%.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2007)

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

DJU6200006120 PAGE 8 OF 21

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

.Service-disabled veteran-owned small business concern.

(1) Means a small business concern

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offerors 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 offerors TIN.]

(3) Taxpayer Identification Number (TIN).

* TIN:_____________________.

* TIN has been applied for.

DJU6200006120 PAGE 9 OF 21

* TIN is not required because:

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

* Offeror is an agency or instrumentality of a foreign government;

* Offeror is an agency or instrumentality of the Federal Government;

(4) Type of organization.

* Sole proprietorship;

* Partnership;

* Corporate entity (not tax-exempt);

* Corporate entity (tax-exempt);

* Government entity (Federal, State, or local);

* Foreign government;

* International organization per 26 CFR 1.6049-4;

* Other ____________________.

(5) Common parent.

* Offeror is not owned or controlled by a common parent:

* Name and TIN of common parent:

Name ____________________________________

TIN ______________________________________

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United

States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents, for general statistical purposes, that it * is, * is not, a small disadvantaged business 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 indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it * is, * is not an emerging small business.

DJU6200006120 PAGE 10 OF 21

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories

(TICs) or designated industry groups (DIGs).] Offeror represents as follows:

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

(B) Offerors average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of

Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues

50 or fewer $1 million or less

51-100 $1,000,001-$2 million

101-250 $2,000,001-$3.5 million

251-500 $3,500,001-$5 million

501-750 $5,000,001-$10 million

751-1,000 $10,000,001-$17 million

Over 1,000 Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for

Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation

ProgramDisadvantaged Status and Reporting,and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either

(A) It * is, * is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It *has, * has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It * is, * is not a HUBZone small business concern listed, on the date of this representation, on the List of

Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal 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, * not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The 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.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It * has, * has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

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

DJU6200006120 PAGE 11 OF 21

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American Act Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin tohave been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms .component,. .domestic end product,. .end product,. .foreign end product,. and .United States. are defined in the clause of this solicitation entitled .Buy

American ActSupplies..

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offersin accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause atFAR

52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii)of this provision, is a domestic end product and that the offeror has considered components of unknown origin tohave been mined, produced, or manufactured outside the United States. The terms .Bahrainian or Moroccan end product,.

.component,. .domestic end product,. .end product,. .foreign end product,. .Free Trade Agreement country,. .Free Trade

Agreement country end product,. .Israeli end product,. and United States are defined in the clause of this solicitation entitled .Buy American Act--Free Trade Agreements--Israeli Trade Act..

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled

.Buy American ActFree Trade AgreementsIsraeli Trade Act.:

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph

(g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled .Buy American ActFree Trade

AgreementsIsraeli Trade Act.. The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

DJU6200006120 PAGE 12 OF 21

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American ActFree Trade AgreementsIsraeli Trade Act Certificate, Alternate I. If Alternate I to the clause at

FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled .Buy American ActFree Trade AgreementsIsraeli Trade Act.:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American ActFree Trade AgreementsIsraeli Trade Act Certificate, Alternate II. If Alternate II to the clause at

FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ‘‘Buy American Act--Free Trade Agreements--Israeli Trade Act’’:

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a

U.S.-made or designated country end product as defined in the clause of this solicitation entitled .Trade Agreements..

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

Line Item No.: Country of Origin:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of

U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) * Are, * are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and

(2) * 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 Federal, state or local government contract or subcontract; violation of Federal or state

DJU6200006120 PAGE 13 OF 21

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, or receiving stolen property; and

(3) * Are, * are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses.

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting

Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the

List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at

22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States);

or

(2) [ ] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) [ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see

FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) [ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror [ ] does [ ] does not certify that

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices

(see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20

DJU6200006120 PAGE 14 OF 21

percent of available hours during the contract period if the contract period is less than a month) servicing the

Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting

Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (l)(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 representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and certificationsCommercial 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 (b) through (k) 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.]

(End of Provision)

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

This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613) PARAGRAPH (d)

Disputes.DISPUTES shall be deleted and replaced with arising under or relating to this contract shall be resolved in accordance with clause FAR 52.233-1 Disputes (JUL 2002) (DEVIATION), which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

To view the full text clause FAR 52.233-1 Disputes (JUL 2002)(DEVIATION), go to http://www.unicor.gov/fpi_contracting

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

2007)

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

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41

U.S.C. 253g and 10 U.S.C. 2402).

DJU6200006120 PAGE 15 OF 21

___ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (4) [Reserved]

___ (5) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

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

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

___ (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

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

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

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

__X_ (8) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2007)(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.

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

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

___ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005)(10

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

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

___ (12) 52.219-25, Small Disadvantaged Business Participation ProgramDisadvantaged Status and Reporting (Oct

1999)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (13) 52.219-26, Small Disadvantaged Business Participation ProgramIncentive Subcontracting (Oct 2000)(Pub. L.

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

___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

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

___ (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

___ (17) 52.222-19, Child LaborCooperation with Authorities and Remedies (Aug 2007) (E.O. 13126).

___ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

___ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sep 2006)(38 U.S.C. 4212).

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

___ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sep 2006)(38 U.S.C. 4212).

___ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

___ (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

___ (ii) Alternate I (Aug 2007) of 52.222-50.

___ (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000)(42

U.S.C. 6962(c)(3)(A)(ii)).

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

___ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (27) (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.

___ (28) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).

_X__ (29) (i) 52.225-3, Buy American Act Free Trade Agreements Israeli Trade Act (Aug 2007) (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, and 109-169).

___ (ii) Alternate I (Jan 2004) of…