W10B0024.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-0024 10-Aug-2010

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 23 Sep 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

ASHLEY M REYNOLDS

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

W91236-10-B-0024

Section SF 1449 - CONTINUATION SHEET

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 Water Treatment Plant, Washington Aqueduct Division, Washington, D.C. The contract duration is 12 months. This procurement is 100% Total Small Business Set-Aside. NAICS CODE 325188 applies to this procurement.

The Contracting Office Point-of-Contact is:

Ashley Reynolds, Phone: 757-201-7838, Fax: 757-201-7183, Ashley.r.reynolds@usace.army.mil

Sealed offers in original and 2 copies for furnishing the supplies/services in the Schedule. All proposals are to be delivered to the attention of Ashley Reynolds (CECT-NAO), 803 Front Street, Norfolk, VA 23510.

CLAUSE NUMBER CLAUSE TITLE

Text Bid Schedule

Text Scope of Work

Text Special Contract Requirements

Text Preaward Information

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

52.204-4 Printed or Copied Double-Sided on Recycled Paper

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

52.207-1 Notice of Standard Competion

52.207-4 Economic Purchase Quantity-Supplies

52.209-6 Protecting the Government Interest with Subcontractor

52.209-7 Information Regarding Responsibility Matters

52.211-5 Material Requirements

52.211-6 Brand Name or Equal

52.211-8 Time of Delivery

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

52.214-35 Submission of Offers in U.S. Currency

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

52.216-24 Limitation of Government Liability

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

52.222-50 Combating Trafficking in Persons

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

52.233-2 Service of Protest

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

52.246-16 Responsibility for Supplies

52.247-5 Familiarization With Conditions

52.247-6 Financial Statement

52.247-12 Supervision, Labor, or Materials

52.247-14 Contractor Responsibility for Receipt of Shipment

52.247-15 Contractor Responsibility for Loading and Unloading

52.247-16 Contractor Responsibility for Returning Undelivered Freight

52.247-17 Charges

52.247-18 Multiple Shipments

52.247-21 Contractor Liability for Personal Injury and/or Property Damage

52.247-24 Advance Notification by the Government

52.247-28 Contractor’s Invoices

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

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 for the 12 month period of performance; in accordance with these 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 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 April 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.

A. 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, 06/15/2010 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.

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 at the time of bid:

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.

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.

52.203-6 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)

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)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

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

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.” For paper and paper products, postconsumer material means “postconsumer fiber” defined by the U.S. Environmental Protection Agency (EPA) as--

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

“Printed or copied double-sided” means printing or reproducing a document so that information is on both sides of a sheet of paper.

“Recovered material,” for paper and paper products, is defined by EPA in its Comprehensive Procurement Guideline as “recovered fiber” and means the following materials:

(1) Postconsumer fiber; and

(2) Manufacturing wastes such as--

(i) Dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets) including: envelope cuttings, bindery trimmings, and other paper and paperboard waste resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock; and

(ii) Repulped finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others.

(b) In accordance with Section 101 of Executive Order 13101 of September 14, 1998, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition, the Contractor is encouraged to submit paper documents, such as offers, letters, or reports, that are printed or copied double-sided on recycled paper that meet minimum content standards specified in Section 505 of Executive Order 13101, when not using electronic commerce methods to submit information or data to the Government.

(c) If the Contractor cannot purchase high-speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white wove envelopes, writing and office paper, book paper, cotton fiber paper, and cover stock meeting the 30 percent postconsumer material standard for use in submitting paper documents to the Government, it should use paper containing no less than 20 percent postconsumer material. This lesser standard should be used only when paper meeting the 30 percent postconsumer material standard is not obtainable at a reasonable price or does not meet reasonable performance standards.

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).

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 325998.

(2) The small business size standard is 500 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 acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). 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.

FAR Clause Title Date Change

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)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

52.207-1 Notice of Standard Competion (MAY 2006)

(a) This solicitation is part of a standard competition under Office of Management and Budget Circular No. A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003 (hereafter ``the Circular''), to determine whether to accomplish the specified work under contract or by Government performance.

(b) The Government will evaluate private sector offers, the agency tender, and…