W912CF09B0015 JOR 09-0292 TelCom-Cable-CONSTRUCT IASE LAB IN BLDG 194.doc

Section 00010 - Solicitation Contract Form

TELECOM CABLING INSTALLATION, BUILDING 1

FFP

JOR 09-0292, CONSTRUCT IASE LAB IN BLDG 194 –TELECOM CABLING INSTALLATION, BUILDING 194 FOR LAKEHURST NAVAL AIR STATION, LAKEHURST, NJ

HUBZone set-aside

The subject project requires installation of premise cabling and hardware for 35,000sqft Pre-Fab building within building 194 (Hanger 5).

In Pre-fab building install (45) ((3)-4 pair per station outlet) category 6 telecom outlets through 4000 raceway and tray systems in Laser, Control and Stimulation rooms from Telecom room. Includes patch panels, termination blocks, relay racks and testing.

Install fiber and copper backbone from building 194 point of entry to new telecom room in pre-fab building. Install 48 strand CMR rated single mode fiber and 100 pair 24 awg Category 3 plenum backbone cable via existing floor conduit and new RGS conduit. The fiber backbone cable will terminate at the building point of entry, and in the Telecom Room in the Pre-Fab Building.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

Section 00700 - Contract Clauses

CLAUSES

Section 00700 - Contract Clauses

CONTRACT CLAUSES

Section 00700 - Contract Clauses

CONTRACT CLAUSES

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

FM 52.4000-6106

SOLICITATION OMBUDSMAN

(JUN 1997)

(a) The US Army Communications-Electronics Command (CECOM) has established the Office of Solicitation Ombudsman to assist industry in removing unnecessary and burdensome requirements from CECOM solicitations. The Ombudsman is authorized to suspend, cancel or revise solicitations that do not represent proper procurement practices or sound business judgment.

(b) If you feel that a CECOM solicitation contains improper elements or can be further streamlined to promote more efficient use of taxpayer dollars, you should first identify these issues to the Procuring Contracting Officer (PCO), Gerald Sweet, 732-532-1607, Gerald.Sweet@us.army.mil . If the PCO is unable to resolve your concerns satisfactorily, or cannot do so in a timely manner, you are encouraged to call the CECOM Ombudsman at (732) 532-1467. The PCO/Ombudsman should be advised at least 5 days prior to the date established in the solicitation for the receipt of offers of any deficiency. You may also write to:

Commander, US Army CECOM

CECOM Acquisition Center

Solicitation Ombudsman

Attn: Kathleen Walk

AMSEL-ACSB-B

Fort Monmouth, NJ 07703-5008

Section 00700 - Contract Clauses

CONTRACT CLAUSES

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $ 200.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) - ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) The site visit will be will be at

Lakehurst, NJ

See Site Visit Document on FBO.

(End of provision)

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

FM 52.0001-4106

CAUTION - AWARD CONTINGENT UPON AVAILABILITY OF FUNDS

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available from which payment for contract purposes can be made.

FM 52.0001-4216

SF 1442, SOLICITATION/CONTRACT FORM (JUN 1999)

ADDITIONAL INFORMATION

In order to (I) alleviate the amount of administrative work involved when offers are incomplete and/or incorrect, the (II) decrease an offerors chance of submitting a non-responsive bid (IFB) or unacceptable proposal (RFP), the following information is furnished.

Standard Form 1442, Solicitation, Offer, and Award, is being used for this solicitation (FAR 14.201-2(a) and FAR 15.406-2(a)). This form is used by the Government as an Invitation for Bid and as a Request for Proposal and upon submission by the offeror, becomes an offer which can be unilaterally accepted by the Contracting Officer. Any resulting award will be made on Standard Form 1442. The offer and acceptance form the contract. Therefore, the following points must be strictly adhered to by the contractor in submitting his offer.

a. Notwithstanding the information in Standard Form 1442, Block 13, Solicitation, Offer and Award, sealed offers shall be returned as follows: one signed copy of your original offer as well as one additional signed copy of the face page. All offers will be mailed to the address shown in Block 8 of SF 1442.

b. The form must be executed by a representative of the offeror authorized to commit the offeror to contractual obligations. The authority to sign a proposal but not to offer subject to unilateral acceptance and award, is not sufficient authorization to sign the SF 1442.

c. The signature of the SF 1442 must carry the corporate seal.

d. UNDER NO CIRCUMSTANCES MAKE ALTERATIONS OR CHANGES TO SF 1442, OR RELATED PAGES WHICH ARE NOT PART OF THE ENCLOSED INVITATION FOR BID, OR REQUEST FOR PROPOSAL AND PROPOSAL PACKET. You are to complete those parts which require items such as prices, place of performance, etc., when such items are called for in the enclosed IFB/RFP. A place is provided for you to insert such information.

e. Offerors are responsible for completing the Representations, Certifications and other statements of offeror in Section K (e.g. Small Business Concern Representation, Small Disadvantaged Business Concern Representation, Woman-Owned Business Representation, Walsh-Healy Public Contracts Act Representation, etc.)

f. Section L contains instructions, Conditions and Notices to Offerors, which guide contractors in preparation of offers (e.g. Provision 252.204-7004, "Data Universal Numbering System (DUNS) Number Reporting," requires the offeror to supply its DUNS Number in the offeror Name and Address block of SF 1442; Telegraphic Offers can only be submitted when FAR 52.214-13 (IFB) or FAR 52.215-17 (RFP) are included in this section; notifies offerors of special conditions/requirements relative to the solicitation, (e.g. small business size standards, brand name or equal requirements, options, first article, special standards of responsibility, etc.)

g. In competitive solicitations, Section M advises offerors of factors that will be considered in the evaluation of offers (e.g. F.O.B. terms, delivery requirements, etc.)

h.

See notice entitled, "Notice: Unit Price/Amount Columns-Part 1, Section B of the Schedule, Standard Form 36", located in Section B, for specific information regarding completion of unit price/amount columns.

i. Any amendments to this solicitation will be done on SF-30, Amendment of Solicitation/Modification of Contract. Notwithstanding Section L provision 52.214-03 (IFB) or 52.215-08 (RFP), amendments shall be acknowledged in accordance with instructions in Block 9 of the SF 30.

Additionally, amendments must be sent to the address shown in Block 8 of SF 1442.

1. Description of the Item(s)/Service:

Provide all plant, labor, materials and equipment and perform all work required in accordance with the Government Drawings and Specifications.

2. Program Objectives/Needs: N/A

3. Delivery Schedule: 90 Days.

4. Government Testing Requirements: N/A

5. Type of Contract: FFP

6. Format of the Contract: CSI

7. Nature of the Work: New Construction

8. Unusual/Specific Aspects of the Acquisition: N/A

9. Source Selection Methodology: 100% HUBZone Set Aside

10. Negotiated Procurement: N/A

FM 52.6200-4001

NOTICE TO OFFERORS-USE OZONE DEPLETING SUBSTANCES (JUN 1999)

In accordance with FAR 52.223-11, Ozone Depleting Substances (ODS) are any substances designated as Class I by the Environmental Protection Agency (EPA) (40 CFR Part 82), including but not limited to chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or any substance designated as Class II by EPA (40 CFR Part 82), including but not limited to hydrochlorofluorocarbons. See FAR 52.223-12 for acquisitions involving Refrigeration Equipment and Air Conditioners.

Offerors should provide any information regarding the identification of ODS as soon as possible after release of the solicitation and prior to the submission of offers to the extent practicable. It should be understood that there is no obligation on offerors to comply with this request and that no compensation can be provided for doing so.Section 00100 - Bidding Schedule/Instructions to Bidders

52.214-10 CONTRACT AWARD--SEALED BIDDING (JUL 1990)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may (1) reject any or all bids, (2) accept other than the lowest bid, and (3) waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or group of items of a bid, unless the bidder qualifies the bid by specific limitations. Unless otherwise provided in the Schedule, bids may be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the bidder specifies otherwise in the bid.

(d) A written award or acceptance of a bid mailed or otherwise furnished to the successful bidder within the time for acceptance specified in the bid shall result in a binding contract without further action by either party.

(e) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provision)

52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Fixed-Price contract resulting from this solicitation.

52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATION (MAY 1999)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name:

Mailing Address:

Telephone Number:

Person to Contact:

Electronic Address:

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of provision

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

h.

The use in this solicitation of any (48 CFR Chapter ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52-0001.4081

PRE-PRINTED STANDARD TERMS AND CONDITIONS

(FEB 1988)

Bidders/Offerors are cautioned that any terms and conditions in their descriptive/commercial literature or on their letterhead or on reverse thereof or other bid/proposal material which conflicts with the terms and conditions of the solicitation should be specifically deleted. An example would be a statement that “Specifications are subject to change without notice.” Any such terms and conditions which are not deleted will render the bid nonresponsive or the offer unacceptable.

FM 52.0001-4088

EVALUATION OF BIDS/OFFERS

(APR 1984)

A bidder/offeror must quote on all items in this solicitation to be eligible for award. All items will be awarded only as a unit.

Evaluation of bids/offers will be based, among other factors, upon the total price quoted for all items.

FM 52.0001-4401

AMC ALTERNATE PROTEST PROCEDURES

HQ, AMC-LEVEL PROTEST PROGRAM PROCEDURES

POLICY:

Protest to an AMC forum is a "protest to the agency," within the meaning of FAR 33.103. The HQ AMC-Level Protest Program is intended to encourage an interested party to seek resolution of its concerns within AMC, rather than filing a protest with the General Accounting Office (GAO), General Services Administration Board of Contract appeals (GSBCA), or other external forum.

AGENCY PROTEST:

An AMC Protest may be filed with either, but not both:

a) The contracting officer designated in the solicitation for resolution of protests, or,

b) HQ, AMC at the address designated in the solicitation.

c) Each AMC solicitation shall inform prospective offerors of the alternatives in (a) and (b) above and include the address for the deciding official for each forum.

ELECTION OF FORUM:

After an interested party protests an AMC procurement to HQ, AMC and while that protest is pending, the protestor agrees not to file a protest with the GAO, GSBCA or other external forum. If the protestor has filed a protest with the GAO, GSBCA or other external forum, HQ, AMC- Level protest procedures may not be used and any protest that has been filed will be dismissed.

PROTEST DECISION AUTHORITY:

The AMC Command Counsel is designated as the HQ, AMC Protest Decision Authority. In the absence of the Command Counsel, the Deputy Command Counsel is designated as the HQ, AMC Protest Decision Authority.

TIME FOR FILING A PROTEST:

HQ, AMC protest shall be filed in accordance with the time frames set out in FAR 33.103(b)(2).

FORM OF PROTEST:

HQ, AMC protest shall include the protestor's name, address and telephone number, including fax number; the solicitation or contract number, identify of the procuring activity and the contracting officer's name; a statement of all legal and factual grounds for protest, including copies of all relevant documents; a request for a ruling; and, a request for relief. All protests must be signed by an authorized representative of the protestor.

PROCESSING OF HQ, AMC-LEVEL PROTESTS:

a) Within 10 working days after the protest is filed, the Contracting Officer, with the assistance of legal counsel, shall file with the HQ, AMC Office of Command Counsel, ATTN: AMCCC-RP, an administrative report responsive to the protest. Reports shall be sent by facsimile, over-night mail or hand-delivered, to ensure timely receipt.

b) The HQ, AMC Protest Decision Authority will issue a written decision within 20 working days after the filing of the protest regardless of whether the administrative report is timely filed.

c) The written decision will be binding on the Army Material Command and its procuring activities.

d) For good cause shown, the HQ, AMC Protest Decision Authority may grant extensions of time for filing of the administrative report and for the issuance of the written decision. When such an extension is granted, the protestor and all interested parties shall be notified within one working day of the decision to grant the extension.

EFFECT OF PROTEST ON AWARD AND PERFORMANCE:

a) PROTESTS BEFORE AWARD: When a protest is filed with HQ, AMC prior to award, a contract may not be awarded unless authorized by the Deputy Chief of Staff (DCS) for Procurement, HQ, AMC, in accordance with FAR 33.103(a)(2).

b) PROTESTS AFTER AWARD: When a protest is filed with HQ, AMC within 10 calendar days after award the contracting officer shall suspend performance. The HQ, AMC DCS for Procurement may authorize contract performance, notwithstanding the protest, upon a written finding that:

1) Contract performance will be in the best interests the United States; or

2) Urgent and compelling circumstances that significantly affect the interests of the United States will not permit waiting for a decision from the HQ, AMC Protest Decision Authority.

REMEDIES:

The HQ, AMC Protest Decision Authority may grant any one or combination of the following remedies:

a) Terminate the contract;

b) Re-compete the requirement;

c) Issue a new solicitation;

d) Refrain from exercising options under the contract;

e) Award a contract consistent with statute and regulation;

f) Such other remedies as HQ, AMC Protest Decision Authority determines necessary to correct a defect.

SERVICE OF PROTEST FOR AMC PROCUREMENTS:

The clause at FAR 52.233.2 shall include the following at the end of paragraph (a):

Protest to HQ, AMC shall be filed at:

HQ, Army Materiel Command

Office of Command Course

ATTN: AMCCC-BP

5001 Eisenhower Avenue

Alexandria, VA 22333-0001

Facsimile number (703) 274-5650/274-4999

FM 52.0001-4402

SERVICE OF PROTEST

(NOV 1988)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO) or the General Services Administration Board of Contract Appeals (GSBCA), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Gerald Sweet

BASE SUPPORT

ATTN: AMSEL-AC-CC-RT-AE

FORT MONMOUTH, NJ 07703

Protest to HQ, AMC shall be filed at:

HQ, ARMY MATERIEL COMMAND

OFFICE OF COMMAND COUNSEL

ATTN: AMCCC-BP

5001 EISENHOWER AVENUE

ALEXANDRIA, VA 22333-0001

Facsimile number (703) 274-5680/274-4999

(b) The copy of any protest shall be received in the office designated above on the same day a protest is filed with the GSBCA or within one day of filing a protest with the GAO.

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY FULL TEXT

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)

(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this Certification.

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989,--

(1) 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 awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

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

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

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

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

(d) Taxpayer Identification Number (TIN).

___ TIN:._____________________________

___ TIN has been applied for.

___ TIN is not required because:

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

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

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

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

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

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other ________________________________

(f) Common parent.

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

___ Name and TIN of common parent:

Name __________________________________________

TIN ____________________________________________

(End of provision)

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.

(End of provision)

52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) - ALTERNATE I (APR 2002)

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

(2) The small business size standard is ( ) (insert size standard).

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

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(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.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.

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

(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(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 (b)(6)(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.

(7) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls:

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(c) Definitions. As used in this provision--

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 the size standard in paragraph (a) of this provision.

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

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

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

"Women-owned 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; or

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

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

52.219-2 EQUAL LOW BIDS. (OCT 1995)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus area as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

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

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY INSTITUTION REPRESENTATION (MAY 2001)

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

Historically black college or university means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense, the National Aeronautics and Space Administration, and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986.

Minority institution means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k, including a Hispanic-serving institution of higher education, as defined in Section 316(b)(1) of the Act (20 U.S.C. 1101a)).

(b) Representation. The offeror represents that it--

( ) is ( ) is not a historically black college or university;

( ) is ( ) is not a minority institution.

(End of provision)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions

JUL 2004

52.203-2 Certificate Of Independent Price Determination

APR 1985

52.203-3 Gratuities

APR 1984

52.203-5 Covenant Against Contingent Fees

52.203-6 Restrictions On Subcontractor Sales To The Government

JUL 1995

52.203-7 Anti-Kickback Procedures

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2003

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

AUG 2000

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

52.219-8 Utilization of Small Business Concerns

MAY 2004

52.222-3 Convict Labor

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation

SEP 2000

52.222-6 Davis Bacon Act

FEB 1995

52.222-7 Withholding of Funds

FEB 1988

52.222-8 Payrolls and Basic Records

52.222-9 Apprentices and Trainees

52.222-10 Compliance with Copeland Act Requirements

52.222-11 Subcontracts (Labor Standards)

52.222-12 Contract Termination-Debarment

52.222-13 Compliance with Davis-Bacon and Related Act Regulations.

52.222-21 Prohibition Of Segregated Facilities

FEB 1999

52.222-26 Equal Opportunity

APR 2002

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

DEC 2001

52.222-36 Affirmative Action For Workers With Disabilities

JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans

DEC 2001

52.223-6 Drug-Free Workplace

MAY 2001

52.223-13 Certification of Toxic Chemical Release Reporting

AUG 2003

52.223-14 Toxic Chemical Release Reporting

AUG 2003

52.225-9 Buy American Act--Construction Materials

52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement

AUG 1996

52.227-3 Patent Indemnity

52.228-2 Additional Bond Security

OCT 1997

52.228-5 Insurance - Work On A Government Installation

52.228-11 Pledges Of Assets

FEB 1992

52.229-3 Federal, State And Local Taxes

APR 2003

52.232-5 Payments under Fixed-Price Construction Contracts

SEP 2002

52.232-9 Limitation On Withholding Of Payments

52.232-17 Interest

JUN 1996

52.232-18 Availability Of Funds

52.232-23 Assignment Of Claims

JAN 1986

52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I

52.232-25 Prompt Payment

OCT 2003

52.232-27 Prompt Payment for Construction Contracts

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration

52.233-1 Disputes

JUL 2002

52.233-3 Protest After Award

AUG 1996

52.236-2 Differing Site Conditions

52.236-3 Site Investigation and Conditions Affecting the Work

52.236-4 Physical Data

52.236-5 Material and Workmanship

52.236-6 Superintendence by the Contractor

52.236-7 Permits and Responsibilities

NOV 1991

52.236-8 Other Contracts

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

52.236-10 Operations and Storage Areas

52.236-11 Use and Possession Prior to Completion

52.236-12 Cleaning Up

52.236-13 Accident Prevention

NOV 1991

52.236-15 Schedules for Construction Contracts

52.236-17 Layout of Work

52.236-21 Specifications and Drawings for Construction

FEB 1997

52.236-26 Preconstruction Conference

FEB 1995

52.242-13 Bankruptcy

52.242-14 Suspension of Work

52.243-4 Changes

AUG 1987

52.243-5 Changes and Changed Conditions

52.244-6 Subcontracts for Commercial Items

JUL 2004

52.246-1 Contractor Inspection Requirements

52.249-2 Termination For Convenience Of The Government (Fixed-Price)

52.249-10 Default (Fixed-Price Construction)

52.253-1 Computer Generated Forms

JAN 1991

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies

MAR 1999

252.204-7003 Control Of Government Personnel Work Product

APR 1992

252.204-7004 Alt A Required Central Contractor Registration Alternate A

NOV 2003

252.209-7000 Acquisition From Subcontractors Subject To On-Site Inspection Under The Intermediate Range Nuclear Forces (INF) Treaty

NOV 1995

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

MAR 1998

252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DOD Contracts)

APR 1996

252.219-7011 Notification to Delay Performance

JUN 1998

252.225-7012 Preference For Certain Domestic Commodities

JUN 2004

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings

252.225-7031 Secondary Arab Boycott Of Israel

252.225-7042 Authorization to Perform

252.232-7003 Electronic Submission of Payment Requests

JAN 2004

252.243-7001 Pricing Of Contract Modifications

DEC 1991

252.243-7002 Requests for Equitable Adjustment

MAR 1998

252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts)

MAR 2000

252.246-7000 Material Inspection And Receiving Report

MAR 2003

252.247-7023 Transportation of Supplies by Sea

MAY 2002

252.247-7024 Notification Of Transportation Of Supplies By Sea

MAR 2000

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUL 2000)-

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

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of Treasury, Financial Management Service, Surety Bond Branch, 401 14th Street, NW, 2nd Floor, West Wing, Washington, DC 20227.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 270b(c). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.248-1 VALUE ENGINEERING (FEB 2000)

(a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the incentive sharing rates in paragraph (f) below.

(b) Definitions. "Acquisition savings,'' as used in this clause, means savings resulting from the application of a VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include--

(1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the Contractor's…