W912DS-09-B-0015.pdf

This procurement is for ecosystem restoration of Gerritsen Creek. The project site is an approximate 67-acre site that lies w ithin the Jamaica Bay w atershed in Marine Park, Brooklyn, New York. The project w ill restore approximately 48.2 acres of habitat, including 21.3 acres of inter-tidal salt marsh and 26.9 acres of coastal/maritime grassland by excavation, sediment placement, re-contouring and native species planting.

Contract Specialist: Lauren Oliver (917) 790-8086 Technical Manager:Jamal Sulayman (917) 790-8299

This project is an UNRESTRICTED procurement w ith HUBZone Price Evaluation Preference (FAR clause 52.219-4).

NAICS Code: 562190 Size Standard: $14.0M

Submit Bids to the Contracting Office No Later Than 10AM EST on 09 SEP 2009 to:

U.S. Army Corp of Engineers Contracting Division, Room 1843 26 Federal Plaza New York, NY 10278-0090

Due to ever increasing security at Government installations, all Offerors are advised to allow ample time to get through the security checks in order to have their proposals delivered by 10:00AM EST.

X

LAUREN K OLIVER (917)790-8086

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

07-Aug-2009

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______5 calendar days and complete it w ithin ________550 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ Section 00800

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________09 Sep 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

212 264-3013FAX:TEL: 212 264-0238 TEL: FAX:

W912DS-09-B-0015 116

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912DS-09-B-0015

Section 00010 - Solicitation Contract Form

INVITATION FOR BID

INVITATION FOR BID

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

TIDAL MARSH & COASTAL UPLAND COMMUNITY RESTORATION: GERRISTEN

CREEK, BROOKLYN, NEW YORK

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-09-B-0015

2. BIDS MUST SET FORTH full, accurate, and complete information as requested by this

Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed in Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00100).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation. (See paragraph NOTICE

OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY in Section 00100 of this IFB.)

5. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS

SOLICITATION. Bidders, Offerors, and applicants are cautioned to note the “Certification of Nonsegregated Facilities” in the solicitation. Failure of bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitation involving awards of contracts exceeding $10,000, which are not exempt from the provisions of Equal Opportunity Clause. (1984 APR)

6. REPRESENTATIONS AND CERTIFICATIONS- SECTION 00600

Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

CHECKLIST FOR BIDDERS

US ARMY ENGINEER DISTRICT, NEW YORK

INVITATION FOR BID

CHECK LIST FOR BIDDERS

ATTACHED IS IFB FOR: TIDAL MARSH & COASTAL UPLAND COMMUNITY

RESTORATION: GERRITSEN CREEK, BROOKLYN, NEW YORK

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE

FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR BID INELIGIBLE FOR

AWARD. IMPORTANT ITEMS FOR YOU TO CHECK ARE

INCLUDED IN BUT NOT LIMITED TO THOSE LISTED BELOW. THIS

INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN SUBMITTING A

PROPER BID.

__ HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

__ HAVE YOU COMPLETED THE “REPRESENTATIONS AND CERTIFICATIONS”

(SECTION 00600) PORTION OF THE SOLICITATION?

__ IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

__ IS YOUR BID PROPERLY SIGNED?

__ A BID BOND IS REQUIRED. HAS YOUR SURETY PROVIDED YOU WITH A BID

BOND ON STANDARD FORM 24 OR A SIMILAR FORM CONTAINING THE SAME

LANGUAGE AS A STANDARD FORM 24?

__ IS YOUR BID GUARANTEE IN THE PROPER AMOUNT?

__ IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND

SURETY AND ARE ALL REQUIRED SEALS AFFIXED?

__ IS THE NAME IN WHICH YOU SUBMITTED THE BID THE SAME ON YOUR BID AS

ON THE BID BOND?

__ IS YOUR BID BOND INCLUDED WITH YOUR BID? (A LATE BID GUARANTEE IS

TREATED THE SAME AS A LATE BID)

__ HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR BID BY

ALTERING THE PROVISIONS OF THE SOLICITATION?

__ WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH BID ITEM?

(THE SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY.)

__ ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES

LEGIBLE?

__ IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE THEY

INITIALED BY THE PERSON SIGNING THE BID?

__ DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY THAT IT IS

A SEALED BID AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER

AND BID OPENING TIME?

__ WILL YOUR BID ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED “LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS” IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00100 OF

THE SOLICITATION.)

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS

FEDERAL BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE TIME IT TAKES

TO ENTER THE BUILDING. BIDDER IS RESPONSIBLE TO ENSURE THAT ITS BID IS

SUBMITTED TIMELY.

BIDDER IS RESPONSIBLE TO ENSURE BID IS SUBMITTED ON TIME.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Bid

FFP

The Base Bid shall focus on the restoration design of the low and high marsh areas along Gerritsen and Mill Creeks. The restored low marsh areas will be between 0 - 2' NAVD88, and slope on a 1% grade up to the restored high marsh areas. The high marsh areas will fall between 2 - 2.9' NAVD88, and will abut with the transition slope areas (3 - 8' NAVD88). Both the high and low marsh areas will be graded on 3:1 to curtail the potential for Pharmites reinvasion.

Prior to any construction acitivities, the existing Phragmites will be sprayed with herbicide and removed to an off-site disposal area.

FOB: Destination

NET AMT

0001AA 1 Lump Sum

MOBILIZATION AND DEMOBILIZATION

FFP

Furnishing and maintenance of services, equipment, and facilities & removal (as necessary), in accordance with the specifications.

0001AB 1 Lump Sum

MAINTENANCE/PROTECTION OF TRAFFIC

FFP

Maintenance and Protection of Traffic - Type "B" in accordance with the specifications.

0001AC 167 Square

Yard

ANTI-TRACKING PAD

FFP

Labor, materials, equipment, installation, maintenance, removal, and restoring vegetations (as necessary) in accorance with the specifications.

0001AD 1,107 Square

WORKSITE ACCESS ROAD

Labor, materials, equipment, installation, maintenance, removal, and restoring

0001AE 3,375 Square

STAGING AREA

Labor, materials, equipment, installation, maintenance, removal, and restoring

0001AF 48.80 Acre

CLEARING VEGETATION & DEBRIS

FFP

Clearing vegitation and debris from restoration area

0001AG 4,649 Square

SITE CLEARING

Labor, materials, & equipment in accordance with the specifications.

0001AH 65 Linear

Foot

DEMOLITION: LUMBAR GUIDERAIL

Labor, materials, equipment, installation, maintenance, removal, & replacement of vegetation or pavement (as necessary) in accordance with the specifications.

0001AJ 2,494 Linear

DEMOLITION: NATURE TRAIL

Labor, equipment, & material removal and disposal in accordance with the speicifcations

0001AK 1 Each

13'-6" SINGLE LINK GATE (6' HIGH)

FFP

Labor, materials, equipment, installation, maintenance, removal, & replacement of

0001AL 1 Each

6'-6" CHAIN LINK GATE (6' HIGH)

FFP

Labor, materials, equipment, installation, maintenance, removal, & replacement of

0001AM 1 Each

12' CHAIN LINK GATE (6' HIGH)

FFP

Labor, materials, equipment, installation, maintenance, removal, & replacement of

0001AN 2,696 Linear

CHAIN LINK SECURITY FENCE (6' HIGH)

Labor, materials, equipment, installation, maintenance, removal, & replacement of

0001AP 4,043 Linear

CONSTRUCTION FENCE

CONSTRUCTION FENCE (GRASSLAND PERIMETER CONTROL) Labor, materials, equipment, installation, maintenance, removal, & replacement of

0001AQ 94 Linear

CORTEN BOX BEAM GUIDERAIL

Labor, materials, equipment, installation, maintenance, removal, & replacement of

0001AR 20 Each

TRANSPLANTING SHRUBS

FFP

Labor, materials, equipment, & installation in accordance with the specifications

0001AS 20 Each

TRANSPLANTING TREES (MINOR)

FFP

0001AT 20 Each

TRANSPLANTING TREES (MAJOR)

FFP

0001AU 170,320 Each

LOW MARSH

FFP

LOW MARSH: SPARTINA ALTERNIFLORA: Labor, materials, equipment, & installation in accordance with the specifications

0001AV 3,630 Each

HIGH MARSH

FFP

HIGH MARSH: DISTICHLIS SPICATA: Labor, materials, equipment, &

0001AW 3,630 Each

HIGH MARSH

FFP

HIGH MARSH: JUNCUS GERARDI: Labor, materials, equipment, & installation in accordance with the specifications

0001AX 3,630 Each

HIGH MARSH

FFP

HIGH MARSH: SPARTINA PATENS: Labor, materials, equipment, &

0001AY 5,500 Linear

SILT FENCE

Labor, materials, equipment, installation, maintenance, removal & restoring vegetation (as necessary) in accordance with the specifications.

0001AZ 167 Square

FILTER FABRIC - STABILIZATION

Labor, materials, and equipment IAW specifications

0001BA 4,482 Square

FILTER FABRIC - SEPARATION

0001BB 85,579 Cubic

UNCLASSIFIED EXCAVATION

Labor, equipment, hauling & any necessary pumping or diversions IAW specifications

OPTION OPTION Item No. 1

FFP

Option #1 incorporates the restoration of the upland coastal grassland community, implementation of a stormwater management system, and .

installation of recreational features.

The grassland areas will be overlain with the clean excavated sand material sourced from the low and high marsh areas in the Basic Contract to create a 30" sand layer. The 30" layer will be capped with 6 inches of clean imported sand fill, and graded prior to planting and seeding.

The herbivory fence shall remain in place for two full growing seasons to allow for establishment of the coastal grassland community.

The upland stormwater management system will consist of a network of swales, trench drains, lawn inlets, and culverts.

Recreational features shall include the realignment of the existing nature trail, reinstallation of park signs and benches, resetting of the rock boulders, and new photo point bollards and osprey nest platforms.

0002AA 1,247 Linear

OPTION DEMOLITION: NATURE TRAIL

Labor, equipment, & material removal and disposal IAW specifications

0002AB 8 Each

OPTION REINSTALLATION OF PARK SIGNS

FFP

Labor, materials, equipment, installation & maintenance IAW specifications.

0002AC 6 Each

OPTION REINSTALLATION OF PARK BENCHES

FFP

0002AD 29 Linear

OPTION REMOVAL AND RESETTING

REMOVAL AND RESETTING OF EXISTING GUIDERAIL: Labor, materials, equipment, installation & maintenance IAW specifications.

0002AE 63 Each

OPTION RESETTING OF EXISTING BOULDERS

FFP

0002AF 16.30 Acre

OPTION HERBIVORY FENCE

FFP

Labor, equipment, materials, installation, maintenance and removal IAW

0002AG 7 Each

OPTION PHOTO POINT MONUMENTS

FFP

Labor, materials, equipment, installation IAW specifications

0002AH 2 Each

OPTION OSPREY NEST PLATFORMS

FFP

Labor, materials, equipment, installation, maintenace IAW specifications

0002AJ 3,520 Cubic

OPTION CONCRETE

Labor, materials, equipment IAW specifications

0002AK 5,476 Linear

OPTION NATURE TRAIL

Labor, materials, & equipment IAW specifications

0002AL 10,952 Linear

OPTION NATURE TRAIL TIMBER CURBING

Labor, materials, & equipment IAW specifications

0002AM 676 Cubic

OPTION AGGREGATE BASE COURSE

Labor, matierials, & equipment IAW specifications

0002AN 734 Cubic

OPTION AGGREGATE SURFACE COURSE

0002AP 70,937 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

ANDROPOGON GERARDI: Labor, materials, and equipment IAW specifications

0002AQ 31,905 Each

OPTION TRANSITION/ GRASSLAND PLANTING

FFP

CAREX PENSYLVANICA: Labor, materials, and equipment IAW specifications

0002AR 31,905 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

ASCLEPIUS SYRIACA: Labor, materials, and equipment IAW specifications

0002AS 31,905 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

ASCLEPIAS TUBEROSA: Labor, materials, and equipment IAW specifications

0002AT 31,905 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

MONARDA FISTULOSA: Labor, materials, and equipment IAW specifications

0002AU 31,905 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

SOLIDAGO SEMPERVIRENS: Labor, materials, and equipment IAW

0002AV 31,905 Pound

OPTION TRANSITION/GRASSLAND PLANTING

FFP

EUPATORIUM FISULOSUM: Labor, materials, and equipment IAW

0002AX 31,905 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

EUPATORIUM MACULATUM: Labor, materials, and equipment IAW

0002AY 31,905 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

ASTER LAEVIS: Labor, materials, and equipment IAW specifications.

0002BA 31,905 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

PANICUM VIRGATUM: Labor, materials, and equipment IAW specifications.

0002BB 31,905 Each

OPTION TRANSPLANTING/GRASSLAND PLANTING

FFP

RUDBECKIA HIRTA: Labor, materials, and equipment IAW specifications.

0002BC 31,905 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

APOCYNUM CANNIBINUM: Labor, materials, and equipment IAW

0002BD 131 Pound

OPTION GRASSLAND A SEED MIX

FFP

GRASSLAND SEED MIX (VARIOUS): Labor, materials, and equipment IAW

0002BE 93 Pound

OPTION GRASSLAND B SEED MIX

FFP

GRASSLAND B SEED MIX (VARIOUS): Labor, materials, and equipment IAW

0002BF 12 Pound

OPTION TRANSITION SLOPE SEED MIX (VARIOUS)

FFP

Labor, materials, and equipment IAW specifications.

0002BG 68 Pound

OPTION MOW STRIP SEED MIX (VARIOUS)

FFP

0002BH 7,000 Linear

OPTION SILT FENCE

Labor, materials, equipment, installation, & maintenance IAW specifications.

0002BJ 10 Each

OPTION INLETS, NJDOT TYPE A

FFP

0002BK 3,064 Linear

OPTION 8" PERFORATED PVC PIPE

8" PERFORATED PVC PIPE, TYPE PS46 (TRENCH DRAIN)

0002BL 125 Linear

OPTION 12" RCP (CROSS-DRAIN)

0002BM 252 Linear

OPTION 18" RCP (CROSS-DRAIN)

0002BN 2 Each

OPTION 12" CONCRETE FLARED END

FFP

0002BP 3 Each

OPTION 18" CONCRETE FLARED END

FFP

0002BQ 16 Cubic

OPTION RIPRAP

0002BR 1,728 Square

OPTION FILTER FABRIC - DRAINAGE

0002BS 9,241 Square

OPTION FILTER FABRIC - SEPERATION

0002BT 27,290 Cubic

OPTION CLEAN SAND, IMPORTED

0002BU 81,790 Cubic

OPTION SAND FILL, EXCAVATED

OPTION OPTION Item No. 2

FFP

Option Item No. 2

0003AA 5,000 Cubic

OPTION OPTION Item No. 3

FFP

Option Item No. 3

0004AA 10,000 Cubic

TOTAL

TOTAL OF BASE CLINS (0001): $___________________

TOTAL OF OPTIONS (CLIN 0002 - 0004): $___________________

TOTAL OF BASE PLUS OPTIONS (0001-0004): $___________________

NOTES FOR PRICE SCHEDULE:

CLIN (Contract Line Item Number) is the same as “Item No”

1 Bidders are required to bid on both the Base Bid Items and the Optional Items on the Price Schedule or their bid will be rejected.

2 The low bidder for the purpose of award will be the conforming responsible bidder offering the lowest amount for the Total Base Bid & Optional Items. The Government is under no obligation to award any Optional Item.

3 Any bid which is materially unbalanced as to the price for the Base Bid Item and Optional Item may be rejected. An unbalanced bid is one, which is based on price significantly less than the cost for some work and prices are significantly overstated for other work.

4 The government may award all the optional bid Items at the time of award of the basic contract.

Exercise of options is at the discretion of the government and not guaranteed. The Government is under no obligation to award any Option

5 Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidders thereto may render the bid non-responsive and be cause for its rejection.

6 Option 1 may be awarded within 100 calendar days from issuance of the Notice to Proceed date and no additional time will be added to the contract duration.

7 Option 2 an 3 may be awarded within 200 calendar days from issuance of the Notice to Proceed date and no additional time will be added to the contract duration.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-26 Audit and Records--Sealed Bidding MAR 2009 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004

CLAUSES INCORPORATED BY FULL TEXT

52.214-5 SUBMISSION OF BIDS (MAR 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

(End of provision)

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(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 reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) 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 provison)

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be __20______ percent of the bid price or $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

Section 00600 - Representations & Certifications

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.209-5 Certification Regarding Responsibility Matters DEC 2008 52.219-2 Equal Low Bids OCT 1995 52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.226-2 Historically Black College or University and Minority

Institution Representation

OCT 2008

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--------------------------------------------------------------------

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562190.

(2) The small business size standard is $14.0M.

(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.

(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; 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.

(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.

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.

Section 00700 - Contract Clauses

52.202-1 Definitions JUL 2004 52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures JUL 1995 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 JAN 1997 52.203-13 Contractor Code of Business Ethics and Conduct DEC 2008 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

SEP 2006

52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-27 Price Reduction for Defective Cost or Pricing Data -

Modifications - Sealed Bidding

OCT 1997

52.214-28 Subcontracting Cost Or Pricing Data--Modifications--Sealed Bidding

OCT 1997

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records FEB 1988 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

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

SEP 2006

52.222-38 Compliance With Veterans' Employment Reporting Requirements

DEC 2001

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

DEC 2004

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-4 Recovered Material Certification MAY 2008 52.223-6 Drug-Free Workplace MAY 2001 52.223-7 Notice Of Radioactive Materials JAN 1997 52.223-7 Notice Of Radioactive Materials JAN 1997 52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.225-5 Trade Agreements JUN 2009 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.227-5 Waiver of Indemnity APR 1984 52.227-14 Rights in Data--General DEC 2007 52.228-11 Pledges Of Assets FEB 1992 52.228-14 Irrevocable Letter of Credit DEC 1999 52.229-3 Federal, State And Local Taxes APR 2003 52.232-1 Payments APR 1984 52.232-16 Progress Payments APR 2003 52.232-17 Interest OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information

MAY 1999

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-28 Preparation of Proposals--Construction OCT 1997 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items MAR 2009 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994

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

MAY 2004

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments DEC 1991 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) APR 2007 252.225-7012 Preference For Certain Domestic Commodities DEC 2008 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7000 Non-estoppel OCT 1966 252.227-7013 Rights in Technical Data--Noncommercial Items NOV 1995 252.227-7017 Identification and Assertion of Use, Release, or Disclosure

Restrictions

JUN 1995

252.227-7020 Rights In Data--Special Works JUN 1995 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 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)

JAN 2009

252.247-7023 Transportation of Supplies by Sea MAY 2002

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP

2007)

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

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before 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 in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay 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 in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay 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 in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an…