ML Trawl Vessel.pdf

25. Accounting and Appropriation Data 26. Total Award Amount (For Govt. Use Only)

27a. Solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 are attached. Addenda X are are not attached

27b. Contract/Purchase Order incorporates by reference FAR 52.212-4. 52.212-5 is attached. Addenda are are not attached

X 28. Contractor is required to sign this document and return 1 copies to 29. Award of Contract: Reference. Offer

Issuing Office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Dated . Your offer on Solicitation (Block 5), including any additions or changes which are set forth herein, is accepted as to items:

30a. Signature of Offeror/Contractor 31a. United States of America (Signature of Contracting Officer)

30b. Name and Title of Signer (Type or Print) 30c. Date Signed 31b. Name of Contracting Officer (Type or Print)

31c. Date Signed

32a. Quantity in Column 21 Has Been

Received Inspected Accepted, and Conforms to the Contract, Except as Noted: ________________________

32b. Signature of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative

32e. Mailing Address of Authorized Government Representative 32f. Telephone Number of Authorized Government Representative

32g. E-mail of Authorized Government Representative

33. Ship Number 34. Voucher Number 35. Amount Verified Correct For

36. Payment 37. Check Number

Complete Partial Final

Partial Final

38. S/R Account Number 39. S/R Voucher Number 40. Paid By

41a. I certify this account is correct and proper for payment 42a. Received By (Print)

41b. Signature and Title of Certifying Officer 41c. Date 42b. Received At (Location)

42c. Date Rec'd (YY/MM/DD) 42d. Total Containers

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

1. Requisition Number

NFFN7300-11-04992

2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date

WC133F-11-RQ-1041 Jul 25, 2011

7. For Solicitation Information Call:

a. Name SHELLEY SMITH b. Telephone Number (No collect calls) 8. Offer Due Date/Local Time shelley.smith@noaa.gov 816-426-2066 Aug 5, 2011 / 02:00 PM

9. Issued By Code AJ830023 10. This Acquisition is

11. Delivery for FOB Destination Unless

Block is Marked.

12. Discount Terms

U.S. DEPT OF COMMERCE/NOAA

EASTERN ACQUISITION DIVISION-KC

601 EAST 12TH STREET, RM. 1756

KANSAS CITY, MO 64106

Unrestricted

X Set-Aside 100 % for

X Small Business See Schedule

Emerging Small Business

HUBZone Small Business 13a. This contract is a rated order under DPAS (15 CFR 700)

Service-Disabled Veteran-Owned

8(a) 13b. Rating

NAICS: 114112 14. Method of Solicitation

Size Standard: $4.0M X RFQ IFB RFP

15. Deliver To Code NFFN7300 16. Administered By Code

USDC/NOAA/NMFS

MISSISSIPPI LABORATORIES F/SEC3

3209 FREDERIC STREET

PASCAGOULA, MS 39567

17a. Contractor/Offeror Code Facility Code 18a. Payment Will Be Made By Code

Telephone No. TIN:

17b. Check if Remittance is Different and Put Such Address in Offer. 18b. Submit Invoices to Address Shown in Block 18a Unless Box Below is Checked.

See Addendum.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SCHEDULE Continued

Item No. Supplies/Services Quantity Unit Unit Price Amount

Page - 2

QUOTES SHOULD BE SENT TO

SHELLEY.SMITH@NOAA.GOV, FAXED TO

816-274-6993, OR MAILED TO:

NOAA/AGO/ERAD

ATTN: SHELLEY SMITH

601 E 12TH STREET, ROOM 1756

KANSAS CITY MO 64106-2808

0001 CHARTER OF ONE EACH TRAWL VESSEL

WITH CAPTAIN, CREW, FUEL, FOOD AND

BERTHING ACCOMMODATIONS FOR 2 NOAA

FISHERIES PERSONNEL AND ALL OTHER

EQUIPMENT AND SUPPLIES DETAILED IN

THE STATEMENT OF WORK TO CONDUCT

REDUCED BAR SPACING TURTLE EXCLUDER

DEVICE EVALUATIONS IN THE NORTHERN

GULF OF MEXICO IN ACCORDANCE WITH

THE STATEMENT OF WORK AND THE

APPLICABLE DEPARTMENT OF LABOR WAGE

DETERMINATION.

PERIOD OF PERFORMANCE:

FROM DATE OF AWARD THROUGH

SEPTEMBER 30, 2012

THE GOVERNMENT INTENDS TO MAKE AN

AWARD TO THE RESPONSIVE RESPONSIBLE

QUOTER(S) PROVIDING THE BEST VALUE TO

THE GOVERNMENT, PRICE AND NON-PRICE

FACTORS CONSIDERED. "BEST VALUE"

MEANS THE EXPECTED OUTCOME OF AN

ACQUISITION THAT, IN THE GOVERNMENT'S

ESTIMATION, PROVIDES THE GREATEST

OVERALL BENEFIT IN RESPONSE TO THE

REQUIREMENT.

THE GOVERNMENT RESERVES THE RIGHT

TO MAKE A COMPARATIVE EVALUATION OF

QUOTES IN DETERMINING BEST VALUE IN

ACCORDANCE WITH FAR 13.106-2(B)(3).

THE FOLLOWING INFORMATION IS TO BE

RETURNED:

1) PAGE 1 (COMPLETE BLOCKS 17A, 30A, 30B,

AND 30C).

2) PAGE 2 (FILL IN YOUR QUOTE/PRICES).

3) VENDOR REPRESENTATIONS AND

CERTIFICATIONS (COMPLETE FAR 52.212-3

ON PAGES 4-12, OR CERTIFY COMPLETION IN

ORCA AT HTTPS://ORCA.BPN.GOV/).

4) AS REQUESTED IN 1352.237-75, PROVIDE

THE NAME AND PHONE NUMBER OF THE

VESSEL CAPTAIN.

4) AS REQUESTED IN 1352.213-70, PROVIDE

YOUR RESPONSE TO THE FACTORS USED TO

EVALUATE QUOTES. CONTRACTORS WHO

DO NOT RESPOND TO EACH EVALUATION

FACTOR MAY BE CONSIDERED NON-

RESPONSIVE.

5) AN E-MAIL ADDRESS AND/OR FAX

NUMBER WHERE YOU CAN BE REACHED

FOR FUTURE CORRESPONDENCE:

6) YOUR DUN & BRADSTREET (D&B) D-U-N-S

NUMBER. IF YOU DO NOT HAVE A DUNS

NUMBER, YOU MAY REQUEST ONE AT

HTTP://FEDGOV.DNB.WEBFORM.

1 JB ______________ ______________

https://orca.bpn.gov/

Table of Contents

Page

WC133F-11-RQ-1041

Page - 3

1. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

2. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010)

3. 52.225-25 PROHIBITION ON ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN-

CERTIFICATION (SEP 2010)

4. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

5. 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

6. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

7. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011) ... 5

8. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2011)

9. 1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010)

10. 1352.233-70 AGENCY PROTESTS (APR 2010)

11. 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

12. 1352.237-75 KEY PERSONNEL (APR 2010)

13. IT SECURITY STATEMENT

14. STATEMENT OF WORK

Page - 4

1. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(Reference 12.301)

2. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010)

(Reference 12.301)

3. 52.225-25 PROHIBITION ON ENGAGING IN SANCTIONED ACTIVITIES RELATING TO

IRAN-CERTIFICATION (SEP 2010)

(Reference 25.1103)

4. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

5. 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

6. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors.

The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts

Page - 5 pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the

Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the contractor may at any time seek a waiver from the Head of the

Contracting Activity by submitting such waiver request to the Contracting

Officer, including a full written description of the requested waiver and the reasons in support thereof.

7. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY

2011)

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB

Program.

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

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

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

"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6

U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6

U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

Page - 6

"Manufactured end product" means any end product in Federal Supply Classes

(FSC) 1000-9999, except--

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

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

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and

Divestment Act of 2007) conducting the business can demonstrate--

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

(2) Are conducted pursuant to specific authorization from the Office of

Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

Sudan;

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

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

(6) Have been voluntarily suspended.

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

51 percent of the stock of which is owned by one or more service-disabled veterans; and

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C.

101(2), with a disability that is serviceconnected, as defined in 38 U.S.C.

101(16).

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

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"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

Page - 7

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

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

"Women-owned small business concern" means a small business concern--

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

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

"Women-owned small business (WOSB) concern eligible under the WOSB Program"

(in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

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

Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the

ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________.

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

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

(2) Veteran-owned small business concern. The offeror represents as part of its offer that it |_| is, |_| is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. The offeror represents as part of its offer that it |_| is, |_| is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. The offeror represents, for general statistical purposes, that it |_| is, |_| is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. The offeror represents that it |_| is, |_| is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. The offeror represents that--

(i) It |_| is, |_| is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It |_| is, |_| is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: |__________|.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

The offeror represents that--

Page - 8

(i) It |_| is, |_| is not an EDWOSB concern eligible under the WOSB

Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It |_| is, |_| is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: |__________|. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). The offeror represents that it |_| is a women-owned business concern.

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

(10)

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

(A) It |_| is, |_| is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR

Dynamic Small Business Search database maintained by the Small Business

Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upo n whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);

or

(B) It |_| has, |_| has not submitted a completed application to the

Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) |_| Joint Ventures under the Price Evaluation Adjustment for Small

Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR

124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:

(11) HUBZone small business concern. 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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part

126; and

(ii) It |_| is, |_| is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(9)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________. Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

Page - 9

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

(1) Previous contracts and compliance. The offeror represents that--

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

(ii) It |_| has, |_| has not filed all required compliance reports.

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

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

(ii) It |_| has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the

Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31

U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard

Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal

Acquisition Regulation (FAR) 52.225-1, Buy American Act¿Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United

States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

(1) Buy American Act¿Free-Trade Agreements-Israeli Trade Act Certificate.

(Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade

Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United

States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product,"

"commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country,"

"Free Trade Agreement country end product," "Israeli end product," and "United

States" are defined in the clause of this solicitation entitled "Buy American

Act¿Free Trade Agreements¿Israeli Trade Act."

Page - 10

(ii) The offeror certifies that the following supplies are Free Trade

Agreement country end products (other than Bahrainian, Moroccan, Omani, or

Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade

Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products

(other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade

Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of

"domestic end product." Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act¿Free Trade Agreements-

Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR

52.225-3 is included in this solicitation, substitute the following paragraph

(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy

American Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

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

(g)(1)(ii) of the basic provision:

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

Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Trade Agreements Certificate.

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade

Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

Page - 11

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the

Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689).

(Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) |_| 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 Federal, state or local government 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, violating Federal criminal tax laws, or receiving stolen property;

(3) |_| Are, |_| are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in pa ragraph (h)(2) of this clause; and

(4) |_| Have, |_| have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under

I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C.

§6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to

I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

Page - 12

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362

(the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products

(Executive Order 13126).

(1) Listed end products.

Listed End Product Country of Origin

(2) Certification.

|_| (i) The offeror will not supply any end product listed in paragraph

(i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

|_| (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) |_| In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United

States); or

(2) |_| Outside the United States.

(k) Certificates regarding exemptions from the application of the Service

Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

__________ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror |_| does |_| does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

__________ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror |_| does |_| does not certify that--

(i) The services under the contract are offered and sold regularly to non-

Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

Page - 13

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies¿

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting

Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

8. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2011)

(a) The Contractor shall comply with the following Federal Acquisition

Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009)

(22 U.S.C. 7104(g)).

__________ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(2) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

(Pub. L. 108-77, 108-78).

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

__________ (1) 52.203-6, Restrictions on Subcontractor Sales to the

Government

(Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and

10 U.S.C. 2402).

__________ (2) 52.203-13, Contractor Code of Business Ethics and Conduct

(Apr

2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (15 U.S.C. 657a).

__________ (3) 52.203-15, Whistleblower Protections Under the American

Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.

111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier

Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__________ (5) 52.204-11, American Recovery and Reinvestment Act--

Reporting

Requirements (Jul 2010) (Pub. L. 111-5).

__________ (6) Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

(Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over

$30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

__________ (7) 52.209-10, Prohibition on Contracting with Inverted

Domestic

Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of

Division D of Pub. L. 110-161).

__________ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source

Award (Jan 2011) (15 U.S.C. 657a).

Page - 14

__________ (9) 52.219-4, Notice of Price Evaluation Preference for

HUBZone

Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

(10) [Reserved]

(11)

XX (i) 52.219-6, Notice of Total Small Business Set-Aside (June

2003) (15 U.S.C. 644).

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

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

(12)

__________ (i) 52.219-7, Notice of Partial Small Business Set-Aside

(June

2003) (15 U.S.C. 644).

__________ (ii) Alternate I (Oct 1995) of 52.219-7.

__________ (iii) Alternate II (Mar 2004) of 52.219-7.

__________ (13) 52.219-8, Utilization of Small Business Concerns (Jan

2011) (15

U.S.C. 637(d)(2) and (3)).

(14)

__________ (i) 52.219-9, Small Business Subcontracting Plan (Jan

2011)

(15 U.S.C. 637(d)(4).

__________ (ii) Alternate I (Oct 2001) of 52.219-9.

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

__________ (iv) Alternate III (Jul 2010) of 52.219-9.

__________ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15

U.S.C.

637(a)(14)).

__________ (16) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan

1999)

(15 U.S.C. 637(d)(4)(F)(i)).

(17)

__________ (i) 52.219-23, Notice of Price Evaluation Adjustment for

Small

Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323)

(if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__________ (18) 52.219-25, Small Disadvantaged Business Participation

Program-

Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

__________ (19) 52.219-26, Small Disadvantaged Business Participation

Program--

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section

7102, and 10 U.S.C. 2323).

__________ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned

Small

Business Set-Aside (May 2004) (15 U.S.C. 657 f).

XX (21) 52.219-28, Post Award Small Business Program Rerepresentation

(Apr 2009) (15 U.S.C. 632(a)(2)).

__________ (22) 52.219-29 Notice of Total Set-Aside for Economically

Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (APR 2011).

__________ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small

Business

(WOSB) Concerns Eligible Under the WOSB Program (APR 2011).

XX (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__________ (25) 52.222-19, Child Labor--Cooperation with Authorities and

Remedies (Jul 2010) (E.O. 13126).

XX (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

Page - 15

XX (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__________ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)

(38 U.S.C. 4212).

XX (29) 52.222-36, Affirmative Action for Workers with Disabilities

(Oct 2010) (29 U.S.C. 793).

__________ (30) 52.222-37, Employment Reports on Veterans (Sep 2010)

(38 U.S.C. 4212).

__________ (31) 52.222-40, Notification of Employee Rights Under the

National

Labor Relations Act (Dec 2010) (E.O. 13496).

__________ (32) 52.222-54, Employment Eligibility Verification (Jan

2009).

(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(33)

__________ (i) 52.223-9, Estimate of Percentage of Recovered Material

Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)).

__________ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.

6962(i)(2)(C)).

__________ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products

(Dec 2007) (42 U.S.C. 8259b).

(35)

__________ (i) 52.223-16, IEEE 1680 Standard for the Environmental

Assessment of Personal Computer Products (Dec 2007)

(E.O. 13423).

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

XX (36) 52.223-18, Contractor Policy to Ban Text Messaging While

Driving (Sep 2010) (E.O. 13513).

__________ (37) 52.225-1, Buy American Act-Supplies (Feb 2009)(41 U.S.C.

10a-10d).

(38)

__________ (i) 52.225-3, Buy American Act-Free Trade Agreements-

Israeli

Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L.

108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138.

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

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

__________ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (40) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

(E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__________ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside

(Nov 2007) (42 U.S.C. 5150).

__________ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (Nov 2007) (42 U.S.C. 5150).

__________ (43) 52.232-29, Terms for Financing of Purchases of Commercial

Items

(Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__________ (44) 52.232-30, Installment Payments for Commercial Items (Oct

1995)

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

XX (45) 52.232-33, Payment by Electronic Funds Transfer-Central

Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__________ (46) 52.232-34, Payment by Electronic Funds Transfer-Other than

Central Contractor Registration (May 1999) (31 U.S.C. 3332).

Page - 16

__________ (47) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C.

3332).

__________ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5

U.S.C.

552a).

(49)

__________ (i) 52.247-64, Preference for Privately Owned U.S.-Flag

Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and

10 U.S.C. 2631).

__________ (ii) Alternate I (Apr 1984) of 52.247-64.

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

XX (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)

(41 U.S.C. 351, et seq.).

XX (CAPT OR GS-12)(2) 52.222-42, Statement of Equivalent Rates for

Federal Hires (May

1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__________ (3) 52.222-43, Fair Labor Standards Act and Service Contract

Act-

Price Adjustment (Multiple Year and Option Contracts) (Sep 2009)

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

__________ (4) 52.222-44, Fair Labor Standards Act and Service Contract

Act-

Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__________ (5) 52.222-51, Exemption from Application of the Service

Contract

Act to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment--Requirements (Nov 2007)

(41 U.S.C. 351, et seq.).

__________ (6) 52.222-53, Exemption from Application of the Service

Contract

Act to Contracts for Certain Services--Requirements (Feb 2009)

(41 U.S.C. 351, et seq.).

_…