PRESOL | X | AmeriCorps VISTA Pre-Service Orientation Accommodations

FBO DAILY ISSUE OF NOVEMBER 22, 2008 FBO #2553
SOLICITATION NOTICE

X -- AmeriCorps VISTA Pre-Service Orientation Accommodations

Notice Date: 11/20/2008
Notice Type: Combined Synopsis/Solicitation
NAICS: 721110 — Hotels (except Casino Hotels) and Motels
Contracting Office: Corporation for National and Community Service, Procurement, Office of Procurement Services, 1201 New York Avenue, NW, Washington, District of Columbia, 20525
ZIP Code: 20525
Solicitation Number: CNSHQ-09-Q-0001
Archive Date: 12/25/2008
Point of Contact: Tracey L. Cross,, Phone: 202.606.6789, Leroy A. Dawson,, Phone: 202.606.7551
E-Mail Address: tcross@cns.gov, ldawson@cns.gov
Small Business Set-Aside: N/A
Description: COMBINED SYNOPSIS/SOLICITATION Contracting Office Address:Corporation for National & Community Service (CNCS) 1201 New York Avenue, N.W. Rm. 8311D Washington, D.C. 20525 REQUIREMENT: This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 12.6, as supplemented with additional information included in this notice. This commercial item acquisition is being conducted in accordance with FAR Part 13 Simplified Acquisition Procedures. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request For Quotations (RFQ) number CNSHQ-09-Q-0001, and incorporates Federal Acquisition Regulation provisions and clauses as amended in FAC 05-28, effective on 11/12/2008. The applicable North American Industry Classification (NAICS) code is 721110, with a small business size standard of $7 Million. CNCS a Federal Government Corporation, intends to award a contract with four one year options available to a qualified vendor to provide lodging, conference space, and meals for an AmeriCorps*VISTA Pre Service Orientation. The bidder should fall within the Federal per diem rate (http://perdiem.hqda.pentagon.mil/perdiem/pdrates.html) for the San Juan, Puerto Rico area for meals and lodging. All proposed prices should be inclusive. Bids must include per night sleeping rates and cost per person for each meal. The Contractor shall provide all labour, incidental materials, and other services necessary to render services under the subsequent contract in accordance with the following statement of work. It is expected that up to 75 double rooms will be needed throughout the year. The preferred dates for these events to take place in the San Juan, Puerto Rico area are: February 9-12, 2009 April 27-30, 2009 August 24-27, 2009 *Only hotels without a casino will be accepted. Compliance: The facility must comply with the American with Disabilities Act and be on the Hotel-Motel National Master List of FEMA/United States Fire Administration. The bid must include the following: •Bidders’ EIN number •DUNS (Dun and Bradstreet) number •Proof they are registered in the Business Partner Network Central Contractor Registration (CCR) system. You can register in the CCR at the following web site: http:/www.bpn.gov. FAILURE TO PROVIDE THE ABOVE INFORMATION WILL AUTOMATICALLY DISQUALIFY YOU. The bidder should fall within the Federal per diem rate for the San Juan area for meals and lodging. All proposed prices should be inclusive. Bids must include per night sleeping rates and cost per person for each meal. Note that the CNCS is tax exempt; therefore, this should be taken into consideration in determine the price per room. The bidder should propose rates on a sliding scale and provide the name of the person submitting the bid and will have the right to negotiate on behalf of the hotel. Bidder should provide the name of an on-site contact and any charges for on-site representation. The bidder should state if they have on-site parking and any costs associated with it. Note if there is a special daily rate for guests. DELIVERABLES: Sleeping rooms: It is expected that up to 75 double rooms will be needed throughout the year. This is not a guaranteed number but an estimate of the total rooms needed. One event could require slightly more than 25 rooms and another event less than 25. The CNCS will furnish a guaranteed number at least 1 month prior to each activity during the year. The rooms will be for 3 nights (check-in Monday-checkout Thursday). The beds can be twin or double but each person must have their own bed. The solicitation should state that the minimum number of rooms will be available for the dates requested for 2009. A typical setup/specifications for each of the three (3) activities per year will include the following: Registration: •Two (2) large covered tables set up in the assigned registration area or outside the main meeting room beginning at 9:00 am on Day 1 and remaining until the conference conclusion on Day 4 at 4:00 pm. •A message board should be set up and left in the registration area throughout the duration of the conference. Meeting Space: The capacity of each meeting room to be used for each of the sessions should be included in the bid. All meeting rooms should be set up and ready according to the schedule below: •Day 1 (9:00 am-2:00 pm) one general session room with U Shape set up for fifteen (15) attendees. •Day 1 (1:00 pm-9:00 pm) one general session room with round tables of 8 for a number of attendees between 50 and 60. •Day 2 (8:00 am-9:00 pm) one general session room with round tables of 8 for a number of attendees between 50 and 60. Three additional tables and chairs for 24 persons will be set up from 8:00 am to 1:00 pm in the general session room. •Day 2 (8:00 am-5:00 pm) one breakout room with U Shape set up for 25 attendees •Day 3 (8:00 am-9:00 pm) one general session room with round tables of 8 for a number of attendees between 50 and 60 •Day 3 (1:00 pm-5:00 pm) 1 breakout room with round tables of 8 for a number of attendees between 25 and 30) •Day 4 (8:00 am-4:00 pm) one general session room with round tables of 8 for a number of attendees between 50 and 60. Twenty (20) additional chairs will be set up from 12:00 am to 3:00 pm in the general session room. •Day 4 (8:00 am-12:30 pm) one breakout room with round tables of 8 for a numbers of attendees between 25 and 30. Meals: Breakfast must be served at least between 6:30 am and 7:45 am. Lunch will be from 12:00 to 1:00 pm or 12:30 to 1:30 pm. Day 1 •AM Break and Lunch for fifteen (15) attendees •PM Break and Dinner for a number of attendees between 50 and 60. Day 2-Day 3 •Full breakfast, AM Break, Lunch, PM Break, Dinner for a number of attendees between 50-60. Lunch only on Day 2 will include up to an additional 30 attendees. Times will be assigned. Day 4 •Full breakfast, AM Break, Lunch, PM Break, for a number of attendees between 50-60. Times will be assigned. Menus must be included in your proposal. Meals should be served in a room separate from the general session room. At least 2 of the meals will be buffet (one of these will be the Tuesday lunch; the other buffet can be either lunch or dinner). Day Four will have a sit down lunch. Equipment: Rental expenses for audiovisual equipment must be included in your proposal. Day 1-Day 4 (8:00 am-9:00 pm) •One (1) LCD data projector and screen in general session room •One sound system with handheld microphone in general session room Day 2 (Breakout room 8:00-5:00 pm) •One LCD data projector and screen •Wireless internet service in general session room Miscellaneous: In submitting a bid, please present inclusive pricing for all costs associated with the activity including rooms, meals, parking, taxes, tips, audiovisual equipment rental, etc. Please note that the lunch on Tuesday only is for an additional number of participants. A final bid cost should be presented. In calculating the final bid the minimum number of participants for the year should be used. Guests will be responsible to pay for any incidental or personal expenses such as telephone calls, room service, etc. Special requirements: Meeting rooms and at least 20% of sleeping rooms must be accessible to physically challenged individuals. At least 20% of each of the meals will be vegetarian or vegan. Options: Should the CNCS so determine, the selected vendor could be awarded up to 4 additional years as the training facility. The specifications for rooms, meals, and equipment will be basically the same as for Year 2009. This determination will be made annually upon satisfactory completion by the vendor of the requested services. The tentative dates for the optioned years would be as follows: 2010 February 8-11 April 26-29 August 23-26 2011 February 7-10 April 11-14 August 22-25 2012 February 6-9 April 23-26 August 27-30 2013 February 11-14 April 22-25 August 26-29 TERMS AND CONDITIONS: Quotations are due by 2:00pm local time in Washington, D.C. on December 9, 2008. Email responses to: Quotations shall also include the following information: 1. RFQ number. 2. Time specified for receipt of offers. 3. Name, address, and telephone number of offeror. 4. Warranty terms. 5. Price for each line item, base year, and option years in the requirement given above and any discount terms. 6. Delivery timeframe. 7. A completed copy of the representations and certifications at FAR 52.212-3. 8. Prospective contractors must be registered in the Central Contractor Registration database. Information regarding CCR requirements may be obtained at www.ccr.gov or by calling 1- 888-227-2423. 9. The Offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. 10. Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt shall not be considered. 11. Award evaluation shall be in accordance with FAR 13.106-2 and shall be based on price, warranty, delivery terms, and other factors most advantageous to the Government. Please note: All vendors holding GSA FSS Schedule contracts must offer prices equivalent to or discounted from the prices offered on their GSA contracts. All responsible sources may submit a quotation, which, if received prior to the expiration of the deadline, shall be considered by this agency. This solicitation will be posted on the Electronic Posting System (EPS) Internet website only. Offers that fail to furnish the required information and representations, or those who reject the terms and conditions of the solicitation may be excluded from consideration. The following clauses and provisions apply to this acquisition: Incorporated by reference are FAR 52.212-1, Instructions to Offerors - Commercial Items and FAR 52.212-4, Contract Terms and Conditions-Commercial Items. FAR 52.212-3 Offeror Representations and Certifications—Commercial Items FAR and 52.212-5, Contract Terms and Conditions-Commercial Items Required to Implement Statutes or Executive Orders-Commercial Items are incorporated by full text. Additional FAR clauses apply. A.52.252-2 Clauses Incorporated by Reference (JUN 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at: www.arnet.gov/far. 52.203-3GratuitiesAPR 1984 52.204-3Taxpayer Identification OCT 1998 52.212-1Instructions to Offerors - Commercial ItemsNOV 2007 52.212-4Contract terms and Conditions - Commercial ItemsFEB 2007 52.213-2InvoicesAUG 1984 52-213-3Notice to SupplierAPR 1984 52.222-3Convict LaborJUN 2003 52.222-12Contract Termination - DebarmentFEB 1988 52.222-14Disputes Concerning Labor StandardsFEB 1988 52.222-15Certification of EligibilityFEB 1988 52.222-20Walsh-Healy Public Contracts ActDEC 1996 52.222-21Prohibition Segregated Facilities FEB 1999 52-222-23Notice of Requirement for Affirmative Action to Ensure EEO (applicable to contracts > $10,000)FEB 1999 52.222-25Affirmative Action Compliance (applicable to contracts > $10,000)APR 1984 52.222-26Equal Opportunity (applicable to contracts > $10,000)MAR 2007 52.222-35Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (applicable to contracts > $10,000)SEPT 2006 52.222-36Affirmative Action for Workers with Disabilities JUN 1998 52.222-37Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (applicable to contracts > $10,000)SEPT 2006 52.222-41Service Contract Act of 1965, as AmendedNOV 2007 52.223-3Hazardous Material Identification and Material SafetyJAN 1997 Data 52.223-5Pollution Prevention and Right-to-Know InformationAUG 2003 52.223-6Drug-Free WorkplaceMAY 2001 52.223-12Refrigeration Equipment and Air ConditionersMAY 1995 52.225-1Buy America Act -- SuppliesJUN 2003 52.225-13Restrictions on Certain Foreign PurchasesFEB 2006 52.227-14Rights in Data-General, including Alternates I,II,IIIDEC 2007 52.232-1PaymentsAPR 1984 52.232-8Discounts for Prompt Payment FEB 2002 52.232-23Assignment of ClaimsJAN 1986 52.232-25Prompt PaymentOCT 2003 52.232-33Payment by Electronic Funds Transfer–Central Contractor Registration OCT 2003 52-232-34Payment by Electronic Funds Transfer–Other than Central Contractor RegistrationMAY 1999 52.233-1DisputesJUL 2002 52.233-3Protest After AwardAUG 1996 52.236-1Performance of Work by the ContractorAPR 1984 52.237-2Protection of Government Buildings, Equipment, andAPR 1984 Vegetation 52.242-15Stop-Work OrderAUG 1989 52.243-1Changes - Fixed price w/Alt. II, IIIAUG 1987 52.245-1Government Property JUN 2007 52.246-1Contractor Inspection RequirementsAPR 1984 52.246-25Limitation of Liability-ServicesFEB 1997 52.247-34F.O.B. DestinationNOV 1991 52.249-1Termination for Convenience of the GovernmentAPR 1984 (Fixed Price) (Short Form) 52.249-4Termination for Convenience of the GovernmentAPR 1984 (Services) (Short Form) 52-249-8Default (Fixed-Price Supply and Service)APR 1984 B.The following contract clauses/provisions (when checked by the Contracting officer) are applicable to this procurement: X 52.204-7 Central Contractor Registration. JUL 2006 (a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government. “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern. “Registered in the CCR database” means that— (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and (2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process. (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number— (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. (End of clause) X 52.204-8 Annual Representations and Certifications. JAN 2006 (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ___721110__. (2) The small business size standard is __7 Million__. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause # Title Date Change ____________ _________ _____ _______ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. (End of provision) X 52.212-3 Offeror Representations and Certifications—Commercial Items. (NOV 2007) An offeror shall complete only paragraph (l) 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 (b) through (i) of this provision. (a) Definitions. As used in this provision: “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. “Forced or indentured child labor” means all work or service— (1) 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. “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-999, 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 Grade of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Foresty 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. “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern--- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) 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 Internal Revenue Service (IRS). (2) 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. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o 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; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it[ ] is,[ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it[ ] is, [ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it[ ] is,[ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it[ ] is,[ ] is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and )(c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: __________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it[ ] is, [ ] is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51–100 __ $1,000,001–$2 million __ 101–250 __ $2,000,001–$3.5 million __ 251–500 __ $3,500,001–$5 million __ 501–750 __ $5,000,001–$10 million __ 751–1,000 __ $10,000,001–$17 million __ Over 1,000 __ Over $17 million (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 $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. X Alternate I (Apr 2002). (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. X Alternate II (Oct 2000). (iii) Address. The offeror represents that its address [ ] is, [ ] is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. “Address,” as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, “address” refers to the address of the small disadvantaged business concern that is participating in the joint venture. X 52.212-4 Contract Terms and Conditions—Commercial Items. (Feb 2007) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights— (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.— (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (End of clause) X 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. DEC 2007 (Note: This clause has be modified to fit simplified acquisition requirements.) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X _ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ____ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). ____ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (4) [Reserved] __X_ (5)(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. ____ (6)(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. ____ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ____ (8)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (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. ____ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ____(10) 52.219-16,Liquidated Damages-Subcontracting Plan (Jan 1999) (U.S.C. 637(d)(4)(F) ____ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (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. ____ (12) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ____ (13) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ____ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004). ____(15)52.219-28,Post Award Small Business Program Rerepresentation (June 2007)(15 U.S.C. 632(a)(2)). _X _ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X _ (17) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jun 2007) (E.O. 13126). _X _ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X _ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X _ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X _ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X _ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X _ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). _X _ (24) (i)52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). ____(ii) Alternate I (Aug 2007) of 52.222.50. ____ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)). ____ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)©)). ____(26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____(27) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ____(ii) Alternate I (DEC 2007) of 52.223.16. ____ (28) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d). ____ (29)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169). ____ (ii) Alternate I (Jan 2004) of 52.225-3. ____ (iii) Alternate II (Jan 2004) of 52.225-3. ____ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ____ (31) 52.225-13, Restrictions on Certain Foreign Purchases Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ____ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150). ____ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ____ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X _ (36) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). ____ (37) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ____ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). _X _ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631). ____ (ii) Alternate I (Feb 2006) 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: [Contracting Officer check as appropriate.] _X _ (1) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007) (41 U.S.C. 351, et seq.). _X _ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X _ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____(5) 52.222.51, Exemption from Application of the Service Contract Act for Contracts for Maintenance, Calibratio, or Repair or Certain Equipment–Requirements (Nov 2007) (41 U.S.C. 351, et seq.). _X _(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ____(7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contact was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records–Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Controller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specific in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (May 1989), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under this contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency to the provisions of 5 U.S.C. 5341 or 5332. This statement is for informational purposes only and is not a wage determination. Employee Class Monetary Wage - Fringe Benefits ______________________________________________________________ __________________________ ____________________________________] TAR 1252.237.72 PROHIBITION ON ADVERTISING (JAN 1996) (applicable only to contracts for training services when the content and/or presentation of the course is controlled by DOT) The contractor or its representatives shall not advertise or solicit business for private, non-government training offerors in the performance of this contract. This prohibition extends to oral comments, distribution or sales of written materials, and/or sales of promotional videos or audio tapes regarding non-government training opportunities. The contractor agrees to insert the substance of this clause in its subcontracts. III. The contractor agrees to abide by all terms and conditions of these regulations that are applicable to the actual service or supply being purchased. The contractor further agrees that these and other FAR clauses, whether in effect now or if new regulations or other changes are added in the future, shall also be applicable to this purchase order / Credit Card Purchase Agreement. IV. Contractor's acknowledgment and acceptance of these terms and conditions: __________________________________ Name of Company __________________________________ TIN#_____________________ __________________________________ __________________________________ _______________________ DUNS#_____________________ Address of Company Telephone Number ____________________________________________________________________ ______________ Authorized Representative’s Name and TitleContractor Signature Date ELECTRONIC SUBMISSION OF INVOICES (MAY 2007) (A) Definitions. As used in this clause— (1) “Electronic form” means any document that can be associated with either: (a) Microsoft Office (Word or Excel,) (b) Adobe Acrobat (PDF) software Note: Scanned documents if sent in the requested format are acceptable electronic forms for submission of payment requests. (2) “Electronic Transfer System” means any automated system that transmits information electronically from the initiating system to the submission address stated within this clause and in one of the above formats is acceptable. (3) “Payment or Invoice request” means any request sent in electronic form from a contractor requesting payment under this contract with the Corporation. (B) Submission of Invoice: Except as provided in paragraph (c) of this clause, the Contractor shall submit all requests for payment in electronic form by electronic means to the following internet address: cncsinvoices@cns.gov: (1) Electronic Form to the address indicated within paragraph (b) (2) Another electronic form authorized in writing by the Contracting Officer. (C) The Contractor may submit a payment request in non-electronic form only when— (1)The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. (2)In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment. (D) In addition to the requirements of this clause, the Contractor shall meet all standard requirements of the appropriate payment clauses in this contract when submitting payment requests. Point of Contact- Contract Specialist: Tracey Cross Phone: 202.606.6789 Fax: 202.606-3488 Email: tcross@cns.gov Alternate Point of Contact: Contract Specialist: Leroy Dawson Phone: 202.606.7551 Fax: 202.606-3488 Email: ldawson@cns.gov Place of Performance- Address: San Juan, P.R. Postal Code: 00902 Country: Puerto Rico/USA
Web Link: FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=4db43908446b532c12129ebf549df38e&tab=core&_cview=1)
Place of Performance: Address: Puerto Rico - San Juan Area, San Juan, Puerto Rico, United States
Record: SN01708090-W 20081122/081120220140-36c15b5d1b242e39e104cfe440925958 (fbodaily.com)
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