08T0132_SOL.pdf

CONTRACTING DIVISION

USACE, LITTLE ROCK (W9127S)

700 W. CAPITOL AVE, RM 7315

LITTLE ROCK AR 72201-3225

(501)324-5720

(501) 324-5196

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)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W9127S-08-T-0132 20-Aug-2008

b. TELEPHONE NUMBER

(501)324-5720 EXT 1162

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 17 Sep 2008

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.

W9127S

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE W9127S 16. ADMINISTERED BY

MOUNTAIN HOME PROJECT OFFICE

LISA JESSEN

324 W. 7TH STREET

MOUNTAIN HOME 72653

TEL: 870-425-2700 FAX: 870-425-3795

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JERROD T. WHITTINGTON

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

423320

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

W9127S-08-T-0132

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX QUANTITY UNIT UNIT PRICE MAX AMOUNT

0001 BASE YEAR:

MATERIAL SUPPLY

Dollars, U.S.

FFP

Furnish all necessary management, personal, supplies, equipment, transportation etc., to deliver materials as described in Section C - Description/Spec./Work Statement, for the period 1 August 2008,or date of award, whichever is later through 31 July 2009. (SEE CLINS 1001 - 1017) FOB: Destination

MATERIAL SUPPLY

Base: Furnish all necessary management, personal, supplies, equipment, transportation etc., to deliver materials as described in Section C - Description/Spec./Work Statement, for the period 1 August 2008,or date of award, whichever is later through 31 July 2009.

CLIN DESCRIPTION QTY UNI

T

UNIT PRICE TOTAL

1001 1/4" Limestone Fines 200 TN $ - 1002 1/2" Limestone Base 400 TN $ - 1003 3/4" Limestone Base 1000 TN $ - 1004 1" Limestone Base 1000 TN $ - 1005 2" Limestone Rock 1200 TN $ - 1006 4" Limestone Rock 1200 TN $ - 1007 Rip-Rap Limestone (6"-8") 1200 TN $ - 1008 (5"-10") Limestone Rock 1200 TN $ - 1009 12"+ Limestone 1200 TN $ - 1010 Masonry Sand 2000 TN $ - 1011 Concrete Sand 1000 TN $ - 1012 Pea Gravel (7/16") 1200 TN $ - 1013 Top Soil 1200 CY $ - 1014 Clay (Fill Material) 1200 CY $ - 1015 3500 PSI (Class S) Concrete 75 CY $ - 1016 4500 PSI (Class S) Concrete 150 CY $ - 1017 Mileage to and between parks 4300 MI $ -

BASE YEAR (CLIN 0001) TOTAL $ -

0002 OPTION 1: MATERIAL

SUPPLY

Dollars, U.S.

OPTION FFP

Furnish all necessary management, personal, supplies, equipment, transportation etc., to deliver materials as described in Section C - Description/Spec./Work Statement, for the period 1 August 2009 through 31 July 2010. (SEE CLINS 2001

- 2017)

Option 1: Furnish all necessary management, personal, supplies, equipment, transportation etc., to deliver materials as described in Section C - Description/Spec./Work Statement, in the Mountain Home Project Office and parks for the period 1 August 2009 through 31 July 2010.

CLIN DESCRIPTION QTY UNI

T

UNIT PRICE TOTAL

2001 1/4" Limestone Fines 200 TN $ - 2002 1/2" Limestone Base 400 TN $ - 2003 3/4" Limestone Base 1000 TN $ - 2004 1" Limestone Base 1000 TN $ - 2005 2" Limestone Rock 1200 TN $ - 2006 4" Limestone Rock 1200 TN $ - 2007 Rip-Rap Limestone (6"-8") 1200 TN $ - 2008 (5"-10") Limestone Rock 1200 TN $ - 2009 12"+ Limestone 1200 TN $ - 2010 Masonry Sand 2000 TN $ - 2011 Concrete Sand 1000 TN $ - 2012 Pea Gravel (7/16") 1200 TN $ - 2013 Top Soil 1200 CY $ - 2014 Clay (Fill Material) 1200 CY $ - 2015 3500 PSI (Class S) Concrete 75 CY $ - 2016 4500 PSI (Class S) Concrete 150 CY $ - 2017 Mileage to and between parks 4300 MI $ -

OPTION ONE (CLIN 0002) TOTAL $ -

0003 OPTION 2: MATERIAL

SUPPLY

Dollars, U.S.

OPTION FFP

Furnish all necessary management, personal, supplies, equipment, transportation etc., to deliver materials as described in Section C - Description/Spec./Work Statement, for the period 1 August 2010 through 31 July 2011. (SEE CLINS 3001

- 3017)

Option 2: Furnish all necessary management, personal, supplies, equipment, transportation etc., to deliver materials as described in Section C - Description/Spec./Work Statement, in the Mountain Home Project Office and parks for the period 1 August 2010 through 31 July 2011.

CLIN DESCRIPTION QTY UNI

T

UNIT PRICE TOTAL

3001 1/4" Limestone Fines 200 TN $ - 3002 1/2" Limestone Base 400 TN $ - 3003 3/4" Limestone Base 1000 TN $ - 3004 1" Limestone Base 1000 TN $ - 3005 2" Limestone Rock 1200 TN $ - 3006 4" Limestone Rock 1200 TN $ - 3007 Rip-Rap Limestone (6"-8") 1200 TN $ - 3008 (5"-10") Limestone Rock 1200 TN $ - 3009 12"+ Limestone 1200 TN $ - 3010 Masonry Sand 2000 TN $ - 3011 Concrete Sand 1000 TN $ - 3012 Pea Gravel (7/16") 1200 TN $ - 3013 Top Soil 1200 CY $ - 3014 Clay (Fill Material) 1200 CY $ - 3015 3500 PSI (Class S) Concrete 75 CY $ - 3016 4500 PSI (Class S) Concrete 150 CY $ - 3017 Mileage to and between parks 4300 MI $ -

OPTION TWO (CLIN 0003) TOTAL $ -

0004 OPTION 3: MATERIAL

SUPPLY

Dollars, U.S.

OPTION FFP

Furnish all necessary management, personal, supplies, equipment, transportation etc., to deliver materials as described in Section C - Description/Spec./Work Statement, for the period 1 August 2011 through 31 July 2012. (SEE CLINS 4001 - 4017)

Option 3: Furnish all necessary management, personal, supplies, equipment, transportation etc., to deliver materials as described in Section C - Description/Spec./Work Statement, in the Mountain Home Project Office and parks for the period 1 August 2011 through 31 July 2012.

CLIN DESCRIPTION QTY UNI

T

UNIT PRICE TOTAL

4001 1/4" Limestone Fines 200 TN $ - 4002 1/2" Limestone Base 400 TN $ - 4003 3/4" Limestone Base 1000 TN $ - 4004 1" Limestone Base 1000 TN $ - 4005 2" Limestone Rock 1200 TN $ - 4006 4" Limestone Rock 1200 TN $ - 4007 Rip-Rap Limestone (6"-8") 1200 TN $ - 4008 (5"-10") Limestone Rock 1200 TN $ - 4009 12"+ Limestone 1200 TN $ - 4010 Masonry Sand 2000 TN $ - 4011 Concrete Sand 1000 TN $ - 4012 Pea Gravel (7/16") 1200 TN $ - 4013 Top Soil 1200 CY $ - 4014 Clay (Fill Material) 1200 CY $ - 4015 3500 PSI (Class S) Concrete 75 CY $ - 4016 4500 PSI (Class S) Concrete 150 CY $ - 4017 Mileage to and between parks 4300 MI $ -

OPTION THREE (CLIN 0004) TOTAL $ -

0005 OPTION 4: MATERIAL

SUPPLY

284,975 Dollars, U.S.

OPTION FFP

Furnish all necessary management, personal, supplies, equipment, transportation etc., to deliver materials as described in Section C - Description/Spec./Work Statement, for the period 1 August 2012 through 31 July 2013. (SEE CLINS 5001 - 5017)

Option 4: Furnish all necessary management, personal, supplies, equipment, transportation etc., to deliver materials as described in Section C - Description/Spec./Work Statement, in the Mountain Home Project Office and parks for the period 1 August 2012 through 31 July 2013.

CLIN DESCRIPTION QTY UNI

T

UNIT PRICE TOTAL

5001 1/4" Limestone Fines 200 TN $ - 5002 1/2" Limestone Base 400 TN $ - 5003 3/4" Limestone Base 1000 TN $ - 5004 1" Limestone Base 1000 TN $ - 5005 2" Limestone Rock 1200 TN $ - 5006 4" Limestone Rock 1200 TN $ - 5007 Rip-Rap Limestone (6"-8") 1200 TN $ - 5008 (5"-10") Limestone Rock 1200 TN $ - 5009 12"+ Limestone 1200 TN $ - 5010 Masonry Sand 2000 TN $ - 5011 Concrete Sand 1000 TN $ - 5012 Pea Gravel (7/16") 1200 TN $ - 5013 Top Soil 1200 CY $ - 5014 Clay (Fill Material) 1200 CY $ - 5015 3500 PSI (Class S) Concrete 75 CY $ - 5016 4500 PSI (Class S) Concrete 150 CY $ - 5017 Mileage to and between parks 4300 MI $ -

OPTION FOUR (CLIN 0005) TOTAL $ -

TOTAL BASE PLUS FOUR OPTIONS $ -

CONTRACT CLAUSES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2008)

(IAW FAR 12.301(b)(4))

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

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

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

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

__X __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

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

___ __ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(4) 52.219-5 [Reserved] __X __ (5) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C.

644).

__ __ (5) (ii) Alternate I (Oct 1995) of 52.219-6.

__ __ (5) (iii) Alternate II (Mar 2004) of 52.219-6.

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

644).

__ __ (6) (ii) Alternate I (Oct 1995) of 52.219-7 __ __ (6) (iii) Alternate II (Mar 2004) of 52.219-7 __X __ (7) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C.

637(d)(2) and (3)).

___ __ (8) (i) 52.219-9, Small Business Subcontracting Plan (Deviation) (Nov 2007)(15

U.S.C. 637(d)(4)). (IAW DARS Tracking 2008-O0004.)

__X __ (8) (ii) Alternate I (Oct 2001) of 52.219-9.

__ __ (8) (iii) Alternate II (Oct 2001) of 52.219-9.

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

___ __ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (SEP 2005)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(In accordance with DDP Memo dated 9 Feb 2007, DAR Tracking Number 2007- O0002, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 10 March 2007 to 9 March 2008.)

__ __ (11) (ii) Alternate I (June 2003) of 52.219-23.

(In accordance with DDP Memo dated 9 Feb 2007, DAR Tracking Number 2007- O0002, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 10 March 2007 to 9 March 2008.)

__ __ (12) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (Deviation) (Oct 1999)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). (IAW DARS Tracking 2008-O0004.)

__ __ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

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

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

__X __ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb

2008)(E.O. 13126).

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

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

__X __ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

__X __ (21) 52.222-36, Affirmative Action For Workers with Disabilities (June 1998)(29

U.S.C. 793).

__X __ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

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

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

__ __ (24) (ii) Alternate I (Aug 2007) of 52.222-50.

__ __ (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)).

__ __ (25) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

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

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

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

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

__ __ (29) (i) 52.225-3, Buy American Act--Free Trade Agreement--Israeli Trade Act (Aug

2007)(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L.

108-77, 108-78, 108-286, 109-53 and 109-169).

__ __ (29) (ii) Alternate I (Jan 2004) of 52.225-3.

__ __ (29) (iii) Alternate II (Jan 2004) of 52.225-3.

__ __ (30) 52.225-5, Trade Agreements (Nov 2007)(19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___X __ (31) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

__ __ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C.

5150).

__ __ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__ __ (34) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 522(f), 10 U.S.C. 2307(f)).

__ __ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

__X __ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)(31.U.S.C. 3332).

__ __ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999)(31.U.S.C. 3332).

__ __ (38) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

__ __ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__X __ (40) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

__X _ (40 (ii) Alternate I (Apr 2003) of 52.247-64.

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

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

__X __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

__X __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__ __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

__ __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007)(41 U.S.C. 351 et seq.).

__ __ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C.

5112(p)(1)).

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

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

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

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

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

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

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

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

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

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

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104 (g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

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

351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

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

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

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS (MAR 2008)

(IAW DFARS 212.301(f)(iii))

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement provision of law applicable to acquisitions of commercial items or components.

__X __ 52.203-3 Gratuities (APR 1984) (10 U.S.C. 2207)

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

__X __ (1) 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

___ __ (2) 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C.

637).

___ __ (3) 252.219-7004 Small Business Subcontracting Plan (Test Program) (APR 2007) (15 U.S.C.

637 note).

__X __ (4) 252.225-7001 Buy American Act and Balance of Payment Program (JUN 2005) (41 U.S.C.

10a-10d, E.O. 10582).

___ __ (5) 252.225-7012 Preference for Certain Domestic Commodities (MAR 2008) (10 U.S.C. 2533a).

__ __ (6) 252.225-7014 Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

__ __ (7) 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

__ __ (8) 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (JUN 2006) (Section

8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

__ __ (9) 252.225-7021 Trade Agreements (MAR 2007) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

__ __ (10) 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

__ __ (11) 252.225-7028 Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).

__ _ (12)(i) 252.225-7036 Buy American Act--Free Trade Agreements--Balance of Payments Program

(MAR 2007)

__ __ (12)(ii) 252.225-7036 (__ Alternate I) (OCT 2006) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

__ _ (13) 252.225-7038 Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

__X __ (14) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

__ __ (15) 252.227-7015 Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

__ __ (16) 252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C.

2321).

_ X __ (17) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (MAR

2008) (10 U.S.C. 2227).

_ __ (18) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006)

(Section 1092 of Pub. L. 108-375) __X __ (19) 252.243-7002 Requests For Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

__X __ (20)(i) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) __ __ (20)(ii) 252.247-7023 (__Alternate I) (MAR 2000) __ __ (20)(iii) 252.247-7023 (__Alternate II) (MAR 2000) __ __ (20)(iv) 252.247-7023 (__Alternate III) (MAY 2002) (10 U.S.C. 2631).

__ __ (21) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C.

2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).

(Applicable over $100,000 when requiring the delivery for one of the following major programs, of an article containing specialty metals: (i) aircraft; (ii) missile and space systems; (iii) ships; (iv) tank-automotive; (v) weapons; (vi) ammunition, unless a waiver under a memorandum of understanding applies)

(2) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375)

(3) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

ADDENDUM TO CLAUSE 52.212-4

52.216-18 ORDERING (OCT 1995)

(IAW FAR 16.506(a))

(a) Such orders may be issued from 1 August 2008, or date of contract award, through contract expiration.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(IAW FAR 16.506(b))

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $15,000.00;

(2) Any order for a combination of items in excess of $50,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(IAW FAR 16.506(e))

(d) Contractor shall not be required to make any deliveries under this contract after contract expiration.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

(IAW FAR 17.208(f)) The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(IAW FAR 17.208(g))

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (c)(2):

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage Fringe Benefits Truckdriver, Light Truckdriver, Medium Truckdriver, Heavy

WG-05

WG-06

WG-08

$13.72 $14.73 $16.76

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS (APR 1993)

(IAW DFARS 223.7103(a))

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(IAW FAR 28.310)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

(IAW FAR 32.705-1(b)) Funds are not presently available for performance under this contract beyond 30 September 2008. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September 2008, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

252.232-7009 MANDATORY PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD

(DEC 2006)

(IAW DFARS 232.1110)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(IAW DFARS 232.7102)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

(IAW FAR 36.513(a), FAR 36.513(b))

SOLICITATION PROVISIONS

REPRESENTATIONS, INSTRUCTIONS AND EVALUATIONS

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(JUN 2008)

(IAW FAR 12.301(b)(2))

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

(a) Definitions. As used in this provision— "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor“ means all work or service--

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and FSC 9630, Additive Metal Materials.

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

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

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

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

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

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

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

“Veteran-owned small business concern” means a small business concern--http://orca.bpn.gov/

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

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

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

“Women-owned small business concern” means a small business concern--

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

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

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

(2) The offeror has completed the annual representations and certification electronically via the ORCA website at http://orca.bpn.gov , After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

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

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

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

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

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

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

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

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

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

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program.

[Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it [ ] is, [ ] is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted http://orca.bpn.gov/ industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

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

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual Gross Number of Employees Revenues

____50 or fewer ____$1 million or less ____51 – 100 ____$1,000,001 - $2 million ____101 - 250 ____$2,000,001 - $3.5 million ____251 – 500 ____$3,500,001 - $5 million ____501 – 750 ____$5,000,001 - $10 million ____751 - 1,000 ____$10,000,001 - $17 million ____Over 1,000 ____Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either--

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

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

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

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

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: ____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

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

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payment of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

Line Item No. Country Of Origin

[List as necessary]

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

(g)(1) Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act”:

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

[List as necessary]

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

(2) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

(ii) Canadian End Products:

Line Item No.

(3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

(ii) Canadian or Israeli End Products:

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated…