W10B0010.pdf

USA ENGINEER DISTRICT, NORFOLK

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1096

757-201-7183

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

1000 emp

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W91236-10-B-0010 18-Mar-2010

b. TELEPHONE NUMBER

757-201-7118

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 15 Apr 2010

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W91236

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JENNIFER R HEUER

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

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

325188

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

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Section SF 1449 - CONTINUATION SHEET

CLAUSE NUMBER CLAUSE TITLE

Insert Text Bid Schedule Insert Text Scope of Work Insert Text Preaward Information Insert Text Special Contract Requirements

Contract Clauses

52.202-1 Definitions 52.203-3 Gratuities 52.203-5 Covenant Against Contingent Fees 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-Kickback Procedures 52.204-3 Taxpayer Identification 52.204-6 Data Universal Numbering System (DUNS) 52.204-7 Central Contractor Registration 52.204-8 Annual Representation and Certifications 52.204-9 Personal Identity Verification of Contractor Personnel 52.209-6 Protecting the Government Interest with Subcontractor

52.211-16 Variation in Quantity 52.211-17 Delivery of Excess Quantities 52.211-18 Variation in Estimated Quantity 52.212-1 Instructions to Offerors—Commercial Items 52.212-4 Contract Terms and Conditions—Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement-Comm Item 52.214-4 False Statements in Bids 52.214-5 Submission of Bids 52.214-6 Explanation of Prospective Bidders 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids

52.214-10 Contract Award – Sealed Bidding 52.214-12 Preparation of Bids 52.214-14 Place of Performance – Sealed Bid 52.214-16 Minimum Bid Acceptance 52.214-26 Audits and Records- Sealed Bidding 52.214-28 Subcontracting Cost and Pricing – Sealed Bidding 52.214-29 Order of Precedence – Sealed Bidding 52.214-34 Submission to Offers in the English Language 52.216-1 Type of Contract 52.216-2 Economic Price Adjustment—Standard Supplies

52.216-18 Ordering 52.216-19 Ordering Limitations 52.216-22 Indefinite Quantity 52.219-1 Small Business Program Representations 52.219-2 Equal Low Bids

52.219.6 Notice of Total Small Business Set-Aside

52.219-8 Utilization of Small, Small Disadvantage & Women

52.219-14 Limitations on Subcontracting 52.219-22 Small Disadvantaged Business Status 52.222-3 Convict Labor

52.222-26 Equal Opportunity 52.222-35 Affirmative Action for Special Disabled & Viet 52.222-36 Affirmative Action for Handicapped Workers 52.222-37 Employment Reports on Special Disabled Veterans 52.222-54 Employment Eligibility Verification 52.223-11 Ozone-Depleting Substances 52.223-13 Certification of Toxic Chemical Release Reporting 52.223-14 Toxic Chemical Release Reporting 52.225-1 Buy American Act—Balance of Payments Program—Supplies 52.223-6 Drug Free Workplace

52.225-13 Restrictions on Certain Foreign Purchases 52.228-5 Insurance--Work on Govt Install 52.229-1 State and Local Taxes 52.232-1 Payments

52.232-17 Interest 52.232-23 Assignment of Claims 52.232-29 Terms for Financing of Purchases of Commercial Items 52.232-30 Installment Payments for Commercial Items 52.232-33 Payment by Electronic Funds Transfer 52.233-1 Disputes 52.233-3 Protests After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.239-1 Privacy or Security Safeguards

52.242-13 Bankruptcy 52.243- 1 Changes 52.244-6 Subcontracts for Commercial Items 52.245-9 Use and Charges 52.246-2 Inspection of Supplies—Fixed Price

52.247-34 F.O.B. Destination 52.249-1 Termination for Convenience of the Government 52.249-8 Default

252.201-7000 Contracting Officer's Representative 252.204-7001 Commercial and Government Entity Code Reporting

252.204.7003 Control of Government Personnel Work Product

252.204-7006 Billing Instructions 252.209-7004 Subcontracting with Firms that are owned or controlled by the Govt 252.212-7000 Offeror Representations and Certifications—Commercial Items 252.212-7001 Contract Terms and Conditions Required to Implement Statutes 252.215-7000 Pricing Adjustments

252-225-7012 Preference for Certain Domestic Commodities 252.243-7001 Pricing of Contract Modifications 252.243-7002 Requests for Equitable Adjustment 252-244-7000 Subcontracts for Commercial Items 252.247-7004 Indefinite Quantities—Fixed Charges 252-247-7010 Scope of Contract 252-247-7012 Ordering Limitation 252-247-7015 Requirements 252-247-7023 Transportation of Supplies by Sea

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT MEASURE UNIT PRICE AMOUNT

45 275-gallon Tote Bins

0001 Provide Copper Based Algaecide/Bactericide to

Dalecarlia, Water Treatment Plant, Washington Aqueduct Division, Washington, D.C.

Total _______________________

This procurement (Sealed Bid) is to provide Copper Based Algaecide/Bactericide to Dalecarlia and McMillan, Water Treatment Plant, Washington Aqueduct Division, Washington, D.C. The contract duration is 5 months. This procurement is 100% TOTAL SMALL BUSINESS SET-ASIDE. NAICS CODE 325188 applies to this procurement.

Contracting Office Point of Contact:

Jennifer Heuer, Phone: 757-201-7118, Fax: 757-201-7183, Email: Jennifer.r.heuer@usace.army.mil.

Sealed offers of one original and 2 copies for furnishing the supplies or services in the Schedule will be received at U.S. Army Corps of Engineers, Jennifer Heuer (CECT-NAO), 803 Front Street, Norfolk, Virginia 23510-1096.

mailto:Jennifer.r.heuer@usace.army.mil

SPECIFICATIONS

Copper based Algaecide/Bactericide

1. Requirement – It is required that an agreement be established to furnish all of the Washington

Aqueduct’s requirements for copper based algaecide/bactericide during the period of performance.

The period of performance is approximately 5 months; the anticipated start date of delivery is May 1, 2010 through September 30, 2010 in accordance with the following specifications.

2. General – The purpose of this specification is to provide the minimum requirements for copper based algaecide/bactericide including physical, chemical, shipping, and testing requirements.

3. Quality –

(a) The copper based algaecide/bactericide supplied shall contain no soluble material or organic substances in quantities capable of producing deleterious or injurious effects on health of those consuming water that has been treated properly with the copper based algaecide/bactericide products.

(b) The copper based algaecide/bactericide shall be certified as suitable for contact with or treatment of drinking water by an accredited certified organization in accordance with ANSI/NSF Standard 60, Drinking Water Treatment Chemicals – Health Effects as an algaecide and bactericide.

(c) A certificate stating the product meets the ANSI/NSF Standard 60 for addition to drinking water and is registered by the Environmental Protection Agency (EPA) as a liquid algaecide and bactericide shall be submitted prior to contract award.

(d) The active ingredient shall be copper sulfate pentahydrate 18% to 22% by weight. The metallic copper equivalent shall be at least 5% by weight.

(e) The copper based algaecide/bactericide shall self disperse, and evenly distribute throughout the treatment area without mixing.

(f) Copper must not precipitate out of solution but remain fully dissolved insuring long-term algae control without over treatment.

(g) The copper based algaecide/bactericide shall be 100% water soluble, and non-combustible.

(h) The copper based algaecide/bactericide shall be packaged and labeled as an algaecide/bactericide in compliance with the Federal Insecticide, Fungicide and Rodenticide Act.

(i) The copper based algaecide/bactericide shelf life shall be a minimum of 5 years without exposure to temperatures equal to or less than 32°F.

(j) The copper based algaecide/bactericide shall have a pH of approximately 0.5 to 1.5.

(k) The copper based algaecide/bactericide shall have a specific gravity of 1.2.

4. Affidavit of Compliance –

(a) The Contractor shall submit with the bid package an affidavit of compliance stating the quality of its copper based algaecide/bactericide complies with these specifications.

(b) The Contractor shall submit an affidavit of compliance stating the quality of copper based algaecide/bactericide complies with these specifications for each delivery.

(c) The affidavit of compliance verifies that the copper based algaecide/bactericide meets the quality parameters as specified and detailed in Section 3 above.

(d) The affidavit of compliance shall also contain:

(1) Weight percent copper sulfate pentahydrate

(2) Weight percent metallic copper equivalent

(3) pH

(4) Specific gravity of solution

(5) Date of shipment

(e) The person(s) authorized to certify the affidavit of compliance must have experience with the product.

5. Certified Laboratory Report –

(a) A certified laboratory report shall be submitted to the Washington Aqueduct:

Washington Aqueduct Dalecarlia Water Treatment Plant

5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514

Attention: Woody Peterson

(b) The report must be received by the Washington Aqueduct within 7 calendar days prior to the initial delivery and shall verify the copper based algaecide/bactericide meets the requirements of specification Section 4.

(c) The person(s) authorized to certify the laboratory report must have experience with laboratory work.

6. Quantity –

(a) The Contractor shall deliver a minimum of 30 and maximum of 45 tote bins with a 275-gallon capacity.

(b) It is the intent of this agreement to require the Contractor to furnish all the Washington

Aqueduct’s copper based algaecide/bactericide requirements during the period of May 1, 2010 to September 30, 2010.

(c) Any difference between the actual quantity delivered compared to the estimated quantity shall not entitle the Contractor to an adjustment in the unit price or to any other compensation.

7. Delivery –

(a) The Contractor shall deliver liquid algaecide in 275-gallon tote bins on a single-unit cargo trailer.

(b) The deliveries shall be to the following Government facility:

Plant Operations Branch

5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514

(c) The transfer of chemicals from the cargo trailer shall be considered the responsibility of the

Contractor and the cargo trailer operator.

(d) The Contractor shall make the deliveries within 4 calendar days after notification except for emergency deliveries, which might include holidays and night hours. Emergency deliveries may be required within 8 hours after notification at no additional cost to the Washington Aqueduct.

(e) The Contractor shall immediately notify the Dalecarlia WTP 202-764-2700 of any delay to a scheduled delivery. The Contractor shall arrange for an alternate delivery time.

(f) If the Contractor is unable to meet the delivery schedule required under the contract the

Washington Aqueduct reserves the right to procure the copper algaecide from an alternate source. The inability of the Contractor to meet the schedule threatens the Washington Aqueduct’s mission. The Washington Aqueduct will limit the liquid algaecide purchase from alternate sources. However, nothing contained herein is to be construed as a waiver of any of the Aqueduct’s rights and of defenses and if the Contractor’s supply problems continue, the Aqueduct will re-evaluate its intentions at a future date

(g) All deliveries shall be made between the hours of 7:00 a.m. and 2:00 p.m. Monday thru Friday excluding holidays. The Contracting Officer’s Representative must approve any exception to this requirement.

(h) The Contractor shall be reimbursed for demurrage charges incurred as a result of delays caused by the Washington Aqueduct whenever unloading has not started within 2 hours after arrival.

(i) Directions to the Dalecarlia WTP;

From 495 take the River Road exit toward D.C.

Take a right on to Goldsboro (614) Take a left on to Massachusetts Avenue At the Westmoreland Circle take the 2nd right on to Dalecarlia Parkway Merge right on to Loughboro Road Take a right on to MacArthur Blvd.

Take a left at the Dalecarlia WTP gate

8. Condition of Cargo Trailers –

(a) All cargo trailers used for the delivery of the copper based algaecide/bactericide, under this agreement, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued.

(b) Any cargo trailer found leaking chemicals should not be allowed to depart any facility until the Contractor or his designated representative makes appropriate repairs.

(c) Any cargo trailer found to be leaking chemicals should be considered an emergency situation requiring immediate attention by the Contractor.

9. Safety Requirement – The cargo trailer operator shall wear the appropriate protective face

(especially goggles) and body apparel, as required by the Occupational Safety and Health Act, when unloading the copper based algaecide/bactericide.

10. Spillage –

(a) The Contractor and the cargo trailer operator shall be responsible for all spillage clean up, contaminated matter, and the removal of all contaminated cleanup material.

(b) The Dalecarlia WTP 202-764-2700 shall be notified immediately of any spillage.

11. Rejection of Deliveries –

(a) The Washington Aqueduct reserves the right to reject any delivery which does not conform to these specifications or which has been contaminated.

(b) Upon arrival at a facility, the cargo trailer operator shall present to on-site personnel the following items:

(1) Contractor’s shipping invoice

(2) Affidavit of compliance (see Section 4)

(c) The Washington Aqueduct may at any time test the liquid copper based algaecide/bactericide for specific gravity and visually inspect it for proper color and other evidence of contamination.

12. Information of Contractor – The Contractor shall forward to the Washington Aqueduct, upon contract award, the following information:

(a) Sales office information including:

(1) Address

(2) Telephone number(s)

(3) Normal working hours

(4) Responsible personnel

(b) Ordering office information:

(1) Telephone number(s)

(i) During working hours

(ii) During non-working hours

(2) Normal working hours

(3) Responsible personnel

(c) Chemical-emergency assistance (24 hours a day)

(1) Telephone number(s)

(2) Responsible personnel

13. Product Information Bulletin, NSF Listing, Material Safety Data Sheet – Upon contract award, one set of reproducible originals (along with reproduction rights) of the product Information Bulletin, a NSF letter of acceptance, and Material Safety Data Sheet for the copper based algaecide/bactericide supplied shall be forwarded by the Contractor to:

Plant Operations Branch

5900 MacArthur Blvd., N.W.

Attention: Woody Peterson

14. Chemical Delivery Security –

(a) Upon contract award, the Contractor shall e-mail the names and photographs of the cargo trailer operators making deliveries to the Dalecarlia WTP:

John.W.Peterson@usace.army.mil Louis.A.Levesque@usace.army.mil

Lloyd.D.Stowe@usace.army.mil Ricky.A.Davie@usace.army.mil David.Bankard@usace.army.mil operator@usace.army.mil

(b) The Contractor shall e-mail the Dalecarlia WTP with the cargo trailer operator’s name prior to each delivery leaving the liquid copper based algaecide/bactericide plant. This allows the Dalecarlia Operations Branch time to match the cargo trailer operator name and photo identification prior to arrival.

(c) Each cargo trailer used to deliver liquid copper based algaecide/bactericide shall be totally enclosed. Open flat bed cargo trailers are not acceptable.

(d) Each cargo trailer shall have a security tag number located on the door handle. The security tag number shall be e-mailed to the Dalecarlia after each trailer has been loaded and is ready for shipping. Once each delivery is made, the tag number shall be checked to assure the cargo trailer has not been tampered with.

(e) The copper based algaecide/bactericide 275-gallon tote bin lot numbers shall be e-mailed to the Dalecarlia WTP as part of the bill of lading and packing slip. This lot number can be checked to assure the cargo has not been tampered with.

(f) The Contractor shall mail the original algaecide delivery invoices to;

USACE Finance Center

5722 Integrity Drive Millington, TN 38054-5005

Attn: EFT/Disbursing

And a copy to;

5900 MacArthur Blvd., N.W.

Attn: Support Management Services, Mable Barnes

(g) The Contractor shall immediately notify the Dalecarlia WTP 202-764-2700 of any changes in the driver, cargo trailer, and or delivery schedule.

(h) The Dalecarlia WTP will notify the Contractor if the delivery has not occurred at the specified time to verify the status of the shipment.

(i) The Contractor is responsible for the pick-up and disposal or recycling of empty and near empty tote bins. The Dalecarlia WTP shall notify the Contractor when empty and near empty tote bin pick-up is required.

Pre-Award Information

1. Prior to awarding a contract, the Government must conduct a PRE-AWARD SURVEY of the firm selected for award. Pre-Award Survey information, as described in this document must be submitted with your proposal. In order for us to minimize delays in conducting the survey and awarding the contract, you are requested to provide the following information with your offer:

a. BANK:

Branch/Address Point-of-Contact Telephone Number, Fax Number & Email Address Please contact the bank in advance so they will release the necessary information regarding average balances in your operating accounts, lines of credit, and credit history.

b. THREE CURRENT OR COMPLETED PROJECTS OF SIMILAR SCOPE AND SIZE provide the following: Must be current within the past five years for the date of this solicitation.

Project Title/Contract Number Customer Point-of-Contact Telephone Number, Fax Number & Email Address Dollar Value Percent Complete Scheduled Completion Date

2. DO NOT PROVIDE VOLUMINOUS LISTINGS OF YOUR FIRM'S CONTRACTING

HISTORY. Submittals for each project referenced in 1a and 1b should be 5 PAGES OR LESS.

3. CONTRACTOR INFORMATION: Please provide the name, phone number, fax number and email address for the authorized negotiator. Also, please provide the company’s DUNS number and CAGE Code.

W91236-10-B-0010

Special Contract Requirements

_1__. DEPARTEMENT OF LABOR WAGE DECISION

Any contract awarded as a result of this solicitation will be subject to the U.S. Department of Labor Wage Decision(s) 2005-2103, Revision No. 8 dated, 05/26/2009 and is attached.

_2__. REQUIRED INSURANCE

The contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance:

TYPE AMOUNT

Workers Compensation As required by State law Employer's Liability $100,000 per person General Liability $500,000 per occurrence

Motor Vehicle Liability (for each motor vehicle):

Bodily injury or death $200,000 per person $500,000 per occurrence Property damage $20,000 per occurrence

Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

_3_. LOCATION OF SITE ON A GOVERNMENT RESERVATION

The site of the work is on a government reservation and all rules and regulations issued by the Commanding Officer covering general safety, security, and sanitary requirements, etc., shall be observed by the contractor.

__4_. IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number.

_5__. AWARD TO RESPONSIBLE OFFEROR

Responsibility will be determined, prior to award, by the Contracting Officer, either by performing a pre-award survey or conclusions based on a previous pre-award survey and/or any performance data available. A pre-award survey will be performed and the offeror will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified.

_6__. EVIDENCE OF AUTHORITY TO SIGN OFFERS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.

_7__. INCURRING COSTS

The Government is not liable for any costs incurred by the offeror submitting an offer in response to this solicitation.

_8__. AGENTS

Offers signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal.

_9__. UNBALANCED BIDS

Any offer which is materially unbalanced as to prices for the Base Items and the Optional Items may be rejected as non-responsive or otherwise not considered for award. An unbalanced offer is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

_10__. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority letter will be furnished to the contractor at time of contract award.

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-7 ANTI-KICKBACK PROCEDURES. (JUL 1995)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from -

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $100,000.

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

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

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

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

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

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

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

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

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

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

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

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

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(End of provision)

52.204-6 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).

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause--

Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government.

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ``Active''. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) 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 or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) 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.

(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).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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

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

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 325188.

(2) The small business size standard is 1000 employees.

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

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(_X_) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the…