SOLICITATION NO. HAQ081011

SECTION B - CONTINUATION OF STANDARD FORM 1449

[FIRELINE CONSTRUCTION, HOLDING AND MOP-UP]{.underline}

Est. Unit Total

[Item]{.underline} [Description]{.underline} [Qty.]{.underline}
[Unit]{.underline} [Price]{.underline} [Price]{.underline}

**1 Unit #1 -- Commitment Level B**

1.1 Fireline Construction 3500 FT \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

1.2 Fireline Renovation 3500 FT \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

1.3 Holding 15 AC \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

1.4 Mop-up 15 AC \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

1.5 Additional Personnel for Holding, Hr/

Mop-up and Suppression 40 Person \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

**2** **Unit #2 -- Commitment Level C**

2.1 Fireline Construction 7250 FT \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

2.2 Fireline Renovation 7250 FT \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

2.3 Holding 35 AC \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

2.4 Mop-up 35 AC \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

2.5 Additional Personnel for Holding, Hr/

Mop-up and Suppression 40 Person \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

**3 Unit #3 -- Commitment Level A**

3.1 Fireline Construction 2500 FT \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

3.2 Fireline Renovation 2500 FT \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

3.3 Holding 8 AC \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

3.4 Mop-up 8 AC \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

SOLICITATION NO. HAQ081011

SECTION B - CONTINUATION OF STANDARD FORM 1449

3.5 Additional Personnel for Holding, Hr/

Mop-up and Suppression 40 Person \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

**4 Unit #4 -- Commitment Level B**

4.1 Fireline Construction 3550 FT \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

4.2 Fireline Renovation 3550 FT \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

4.3 Holding 10 AC \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

4.4 Mop-up 10 AC \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

4.5 Additional Personnel for Holding, Hr/

Mop-up and Suppression 40 Person \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

**5 Unit #5 -- Commitment Level A**

5.1 Fireline Construction 2150 FT \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

5.2 Fireline Renovation 2150 FT \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

5.3 Holding 8 AC \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

5.4 Mop-up 8 AC \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

5.5 Additional Personnel for Holding, Hr/

Mop-up and Suppression 40 Person \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

**6** **Mobilization -- False Start Only**

6.1 Commitment Level A 2 EA \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

6.2 Commitment Level B 2 EA \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

6.3 Commitment Level C 1 EA \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

TOTAL ITEMS 1 - 6 (ALL OR NONE) \$                  

SOLICITATION NO. HAQ081011

SECTION B - CONTINUATION OF STANDARD FORM 1449

AC = Acre

EA = Each

Est = Estimated

FT = Feet

HR = Hour

Qty = Quantity

See Statement of Work in Section D for definition and requirements for
commitment level.

PERFORMANCE TIME FOR FIRE LINE CONSTRUCTION

ITEMS 1.1, 2.1, 3.1, 4.1, and 5.1 - 60 Calendar Days for all Items.

ESTIMATED START WORK DATE: October 14, 2008

PERFORMANCE TIME FOR HOLDING AND MOP-UP

ITEMS 1.3, 1.4, 2.3, 2.4, 3.3, 3.4, 4.3, 4.4, 5.3, and 5.4 - 180
Calendar Days for all Items.

ESTIMATED START WORK DATE: December 1, 2008

THIS SOLICITATION IS SET ASIDE FOR SMALL BUSINESS CONCERNS.

LIABILITY INSURANCE REQUIRED, SEE SECTION C

LABOR HOUR COST CEILING

The total cost to the Government for the performance of Items 1.5, 2.5,
3.5, 4.5, and 5.5 as indicated in Section B, Continuation of Standard
Form 1449 shall not exceed the ceiling price established for each
Sub-Item of 40 hours. The contractor exceeds the Sub-Item price at its
own risk (see clause 52.232-7(d)).

EVALUATION FOR AWARD

The Government will make award on an all-or-none basis in accordance
with Section E, Instructions, Conditions and Notices to Offeror,
Provision 52.212-1, Instructions to Offerors -Commercial Items and
52.212-2 Evaluation - Commercial Items.

**Contractor shall provide a qualification statement in accordance with
Section E and Addendum to 52.212-2.**

SECTION C - CONTRACT CLAUSES

+--------+-------------------------------------------+-----------------+
| 52.    | > Clauses Incorporated By Reference       | FEBRUARY 1998   |
| 252-02 |                                           |                 |
+--------+-------------------------------------------+-----------------+

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 a clause may be accessed electronically at this/these
address(es):

**Federal Acquisition Regulation clauses and provisions:**
<http://www.acquisition.gov/comp/far/index.htm> or
<http://www.arnet.gov/far/loadmainre.html>

**CLAUSES INCORPORATED BY REFERENCE**

  ------------ ----------------------------------------------- -------------
  **Clause**   **Title**                                       **Date**

  52.204-07    Central Contractor Registration                 October 2003

  52.209-06    Protecting the Government\'s Interest When      January 2005
               Subcontracting With Contractors Debarred,       
               Suspended, or Proposed for Debarment            

  52.222-50    Combating Trafficking in Persons                August 2007

  52.242-14    Suspension of Work                              April 1984

  52.242-15    Stop Work Order                                 August 1989

  52.245-05    Government Furnished Property (Labor - Hour     April 1984
               Contracts)                                      

  52.247-34    F.O.B. Destination                              November 1991

  52.253-01    Computer Generated Forms                        January 1991
  ------------ ----------------------------------------------- -------------

**CLAUSES INCORPORATED BY FULL TEXT**

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated
quantity and the actual quantity of the unit-priced item varies more
than 15 percent above or below the estimated quantity, an equitable
adjustment in the contract price shall be made upon demand of either
party. The equitable adjustment shall be based upon any increase or
decrease in costs due solely to the variation above 115 percent or below
85 percent of the estimated quantity. If the quantity variation is such
as to cause an increase in the time necessary for completion, the
Contractor may request, in writing, an extension of time, to be received
by the Contracting Officer within 10 days from the beginning of the
delay, or within such further period as may be granted by the
Contracting Officer before the date of final settlement of the contract.
Upon the receipt of a written request for an extension, the Contracting
Officer shall ascertain the facts and make an adjustment for extending
the completion date as, in the judgment of the Contracting Officer, is
justified.

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 reperformance 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 Governmentwide 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.

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 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;

\(C\) 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.

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.

Offerors and Contractors may obtain information on registration and
annual confirmation requirements via the Internet at
[http://www.ccr.gov](http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#TopOfPage)
or by calling 1-888-227-2423, or 269-961-5757. (End of Clause)

*Alternate I (Feb 2007)* When a time-and-materials or labor-hour
contract is contemplated, substitute the following paragraphs (a), (e),
(i) and (l) for those in the basic clause.

\(a\) *Inspection/Acceptance.* (1) The Government has the right to
inspect and test all materials furnished and services performed under
this contract, to the extent practicable at all places and times,
including the period of performance, and in any event before acceptance.
The Government may also inspect the plant or plants of the Contractor or
any subcontractor engaged in contract performance. The Government will
perform inspections and tests in a manner that will not unduly delay the
work.

\(2\) If the Government performs inspection or tests on the premises of
the Contractor or a subcontractor, the Contractor shall furnish and
shall require subcontractors to furnish all reasonable facilities and
assistance for the safe and convenient performance of these duties.

\(3\) Unless otherwise specified in the contract, the Government will
accept or reject services and materials at the place of delivery as
promptly as practicable after delivery, and they will be presumed
accepted 60 days after the date of delivery, unless accepted earlier.

\(4\) At any time during contract performance, but not later than 6
months (or such other time as may be specified in the contract) after
acceptance of the services or materials last delivered under this
contract, the Government may require the Contractor to replace or
correct services or materials that at time of delivery failed to meet
contract requirements. Except as otherwise specified in paragraph (a)(6)
of this clause, the cost of replacement or correction shall be
determined under paragraph (i) of this clause, but the "hourly rate" for
labor hours incurred in the replacement or correction shall be reduced
to exclude that portion of the rate attributable to profit. Unless
otherwise specified below, the portion of the "hourly rate" attributable
to profit shall be 10 percent. The Contractor shall not tender for
acceptance materials and services required to be replaced or corrected
without disclosing the former requirement for replacement or correction,
and, when required, shall disclose the corrective action taken.

\(5\) (i) If the Contractor fails to proceed with reasonable promptness
to perform required replacement or correction, and if the replacement or
correction can be performed within the ceiling price (or the ceiling
price as increased by the Government), the Government may---

\(A\) By contract or otherwise, perform the replacement or correction,
charge to the Contractor any increased cost, or deduct such increased
cost from any amounts paid or due under this contract; or

\(B\) Terminate this contract for cause.

\(ii\) Failure to agree to the amount of increased cost to be charged to
the Contractor shall be a dispute under the Disputes clause of the
contract.

\(6\) Notwithstanding paragraphs (a)(4) and (5) above, the Government
may at any time require the Contractor to remedy by correction or
replacement, without cost to the Government, any failure by the
Contractor to comply with the requirements of this contract, if the
failure is due to\--

\(i\) Fraud, lack of good faith, or willful misconduct on the part of
the Contractor's managerial personnel; or

\(ii\) The conduct of one or more of the Contractor's employees selected
or retained by the Contractor after any of the Contractor's managerial
personnel has reasonable grounds to believe that the employee is
habitually careless or unqualified.

\(7\) This clause applies in the same manner and to the same extent to
corrected or replacement materials or services as to materials and
services originally delivered under this contract.

\(8\) The Contractor has no obligation or liability under this contract
to correct or replace materials and services that at time of delivery do
not meet contract requirements, except as provided in this clause or as
may be otherwise specified in the contract.

\(9\) Unless otherwise specified in the contract, the Contractor's
obligation to correct or replace Government-furnished property shall be
governed by the clause pertaining to Government property.

\(e\) *Definitions.*

\(1\) The clause at FAR 52.202-1, Definitions, is incorporated herein by
reference. As used in this clause---

\(i\) *Direct materials* means those materials that enter directly into
the end product, or that are used or consumed directly in connection
with the furnishing of the end product or service.

\(ii\) *Hourly rate* means the rate(s) prescribed in the contract for
payment for labor that meets the labor category qualifications of a
labor category specified in the contract that are---

\(A\) Performed by the contractor;

\(B\) Performed by the subcontractors; or

\(C\) Transferred between divisions, subsidiaries, or affiliates of the
contractor under a common control.

\(iii\) *Materials* means---

\(A\) Direct materials, including supplies transferred between
divisions, subsidiaries, or affiliates of the contractor under a common
control;

\(B\) Subcontracts for supplies and incidental services for which there
is not a labor category specified in the contract;

\(C\) Other direct costs (*e.g.*, incidental services for which there is
not a labor category specified in the contract, travel, computer usage
charges, etc.);

\(D\) The following subcontracts for services which are specifically
excluded from the hourly rate: None; and

\(E\) Indirect costs specifically provided for in this clause.

\(iv\) *Subcontract* means any contract, as defined in FAR Subpart 2.1,
entered into with a subcontractor to furnish supplies or services for
performance of the prime contract or a subcontract including transfers
between divisions, subsidiaries, or affiliates of a contractor or
subcontractor. It includes, but is not limited to, purchase orders, and
changes and modifications to purchase orders.

\(i\) *Payments.*

\(1\) *Services accepted.* Payments shall be made for services accepted
by the Government that have been delivered to the delivery
destination(s) set forth in this contract. The Government will pay the
Contractor as follows upon the submission of commercial invoices
approved by the Contracting Officer:

\(i\) *Hourly rate.*

\(A\) The amounts shall be computed by multiplying the appropriate
hourly rates prescribed in the contract by the number of direct labor
hours performed. Fractional parts of an hour shall be payable on a
prorated basis.

\(B\) The rates shall be paid for all labor performed on the contract
that meets the labor qualifications specified in the contract. Labor
hours incurred to perform tasks for which labor qualifications were
specified in the contract will not be paid to the extent the work is
performed by individuals that do not meet the qualifications specified
in the contract, unless specifically authorized by the Contracting
Officer.

\(C\) Invoices may be submitted once each month (or at more frequent
intervals, if approved by the Contracting Officer) to the Contracting
Officer or the authorized representative.

\(D\) When requested by the Contracting Officer or the authorized
representative, the Contractor shall substantiate invoices (including
any subcontractor hours reimbursed at the hourly rate in the schedule)
by evidence of actual payment, individual daily job timecards, records
that verify the employees meet the qualification s for the labor
categories specified in the contract, or other substantiation specified
in the contract.

\(E\) Unless the Schedule prescribes otherwise, the hourly rates in the
Schedule shall not be varied by virtue of the Contractor having
performed work on an overtime basis.

*(1)* If no overtime rates are provided in the Schedule and the
Contracting Officer approves overtime work in advance, overtime rates
shall be negotiated.

*(2)* Failure to agree upon these overtime rates shall be treated as a
dispute under the Disputes clause of this contract.

*(3)* If the Schedule provided rates for overtime, the premium portion
of those rates will be reimbursable only to the extent the overtime is
approved by the Contracting Officer.

\(ii\) *Materials.*

\(A\) If the Contractor furnishes materials that meet the definition of
a commercial item at FAR 2.101, the price to be paid for such materials
shall be the contractor's established catalog or market price, adjusted
to reflect the\--

*(1)* Quantities being acquired; and

*(2)* Any modifications necessary because of contract requirements.

\(B\) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of
this clause, the Government will reimburse the Contractor the actual
cost of materials (less any rebates, refunds, or discounts received by
the contractor that are identifiable to the contract) provided the
Contractor---

*(1)* Has made payments for materials in accordance with the terms and
conditions of the agreement or invoice; or

*(2)* Makes these payments within 30 days of the submission of the
Contractor's payment request to the Government and such payment is in
accordance with the terms and conditions of the agreement or invoice.

\(C\) To the extent able, the Contractor shall---

*(1)* Obtain materials at the most advantageous prices available with
due regard to securing prompt delivery of satisfactory materials; and

*(2)* Give credit to the Government for cash and trade discounts,
rebates, scrap, commissions, and other amounts that are identifiable to
the contract.

\(D\) *Other Costs.* Unless listed below, other direct and indirect
costs will not be reimbursed.

*(1) Other direct Costs.* The Government will reimburse the Contractor
on the basis of actual cost for the following, provided such costs
comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:
**None** *(2) Indirect Costs (Material handling, Subcontract
Administration, etc.)*. The Government will reimburse the Contractor for
indirect costs on a pro-rata basis over the period of contract
performance at the following fixed price: \[*Insert a fixed amount for
the indirect costs and payment schedule. Insert "\$0" if no fixed price
reimbursement for indirect costs will be provided.* **\$0** (2) *Total
cost.* It is estimated that the total cost to the Government for the
performance of this contract shall not exceed the ceiling price set
forth in the Schedule and the Contractor agrees to use its best efforts
to perform the work specified in the Schedule and all obligations under
this contract within such ceiling price. If at any time the Contractor
has reason to believe that the hourly rate payments and material costs
that will accrue in performing this contract in the next succeeding 30
days, if added to all other payments and costs previously accrued, will
exceed 85 percent of the ceiling price in the Schedule, the Contractor
shall notify the Contracting Officer giving a revised estimate of the
total price to the Government for performing this contract with
supporting reasons and documentation. If at any time during the
performance of this contract, the Contractor has reason to believe that
the total price to the Government for performing this contract will be
substantially greater or less than the then stated ceiling price, the
Contractor shall so notify the Contracting Officer, giving a revised
estimate of the total price for performing this contract, with
supporting reasons and documentation. If at any time during performance
of this contract, the Government has reason to believe that the work to
be required in performing this contract will be substantially greater or
less than the stated ceiling price, the Contracting Officer will so
advise the Contractor, giving the then revised estimate of the total
amount of effort to be required under the contract.

\(3\) *Ceiling price.* The Government will not be obligated to pay the
Contractor any amount in excess of the ceiling price in the Schedule,
and the Contractor shall not be obligated to continue performance if to
do so would exceed the ceiling price set forth in the Schedule, unless
and until the Contracting Officer notifies the contractor in writing
that the ceiling price has been increased and specifies in the notice a
revised ceiling that shall constitute the ceiling price for performance
under this contract. When and to the extent that the ceiling price set
forth in the Schedule has been increased, any hours expended and
material costs incurred by the Contractor in excess of the ceiling price
before the increase shall be allowable to the same extent as if the
hours expended and material costs had been incurred after the increase
in the ceiling price.

\(4\) *Access to records.* At any time before final payment under this
contract, the Contracting Officer (or authorized representative) will
have access to the following (access shall be limited to the listing
below unless otherwise agreed to by the Contractor and the Contracting
Officer):

\(i\) Records that verify that the employees whose time has been
included in any invoice met the qualifications for the labor categories
specified in the contract.

\(ii\) For labor hours (including any subcontractor hours reimbursed at
the hourly rate in the schedule), when timecards are required as
substantiation for payment---

\(A\) The original timecards (paper-based or electronic);

\(B\) The Contractor's timekeeping procedures;

\(C\) Contractor records that show the distribution of labor between
jobs or contracts; and

\(D\) Employees whose time has been included in any invoice for the
purpose of verifying that these employees have worked the hours shown on
the invoices.

\(iii\) For material and subcontract costs that are reimbursed on the
basis of actual cost---

\(A\) Any invoices or subcontract agreements substantiating material
costs; and

\(B\) any documents supporting payment of those invoices.

\(5\) *Overpayments/Underpayments.*

\(i\) Each payment previously made shall be subject to reduction to the
extent of amounts, on preceding invoices, that are found by the
Contracting Officer not to have been properly payable and shall also be
subject to reduction for overpayments or to increase for under payments.
The Contractor shall promptly pay any such reduction within 30 days
unless the parties agree otherwise. The Government within 30 days will
pay any such increases, unless the parties agree otherwise. The
contractor's payment will be made by check. If the Contractor becomes
aware of a duplicate invoice payment or that the Government has
otherwise overpaid on an invoice payment, the Contractor shall
immediately notify the Contracting Officer and request instructions for
disposition of the overpayment.

\(ii\) Upon receipt and approval of the invoice designated by the
Contractor as the "completion invoice" and supporting documentation, and
upon compliance by the Contractor with all terms of this contract, any
outstanding balances will be paid within 30 days unless the parties
agree otherwise. The completion invoice, and supporting documentation,
shall be submitted by the Contractor as promptly as practicable
following completion of the work under this contract, but in no event
later than 1 year (or such longer period as the Contracting Officer may
approve in writing) from the date of completion.

\(6\) *Release of claims.* The Contractor, and each assignee under an
assignment entered into under this contract and in effect at the time of
final payment under this contract, shall execute and deliver, at the
time of and as a condition precedent to final payment under this
contract, a release discharging the Government, its officers, agents,
and employees of and from all liabilities, obligations, and claims
arising out of or under this contract, subject only to the following
exceptions.

\(i\) Specified claims in stated amounts, or in estimated amounts if the
amounts are not susceptible to exact statement by the Contractor.

\(ii\) Claims, together with reasonable incidental expenses, based upon
the liabilities of the Contractor to third parties arising out of
performing this contract, that are not known to the Contractor on the
date of the execution of the release, and of which the Contractor gives
notice in writing to the Contracting Officer not more than 6 years after
the date of the release or the date of any notice to the Contractor that
the Government is prepared to make final payment, whichever is earlier.

\(iii\) Claims for reimbursement of costs (other than expenses of the
Contractor by reason of its indemnification of the Government against
patent liability), including reasonable incidental expenses, incurred by
the Contractor under the terms of this contract relating to patents.

\(7\) *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.

\(8\) *Electronic Funds Transfer (EFT).* If the Government makes payment
by EFT, see 52.212-5(b) for the appropriate EFT clause.

\(9\) *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 that appears on the payment check or the
specified payment date if an electronic funds transfer payment is made.

\(l\) *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 an amount
for direct labor hours (as defined in the Schedule of the contract)
determined by multiplying the number of direct labor hours expended
before the effective date of termination by the hourly rate(s) in the
contract, less any hourly rate payments already made to the Contractor
plus reasonable charges the Contractor can demonstrate to the
satisfaction of the Government using its standard record keeping system
that 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 that reasonably could have
been avoided.

**Addendum to 52.212-4(a), Contract Terms and Conditions‑‑Commercial
Items, regarding Inspection/Acceptance procedures: Section D, Attachment
No. 1 - Statement of Work 7.0 references BLM Inspection and Acceptance.\
**

  ----------- --------------------------------------------- ---------------
  52.212-05   Contract Terms and Conditions Required to     FEB 2008
              Implement Statutes or Executive               
              Orders-Commercial Items                       

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

\(a\) 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:

\(1\) 52.233-03, Protest after Award (AUG 1996) (31 U.S.C. 3553).

\(2\) 52.233-04, 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) 52.203-06, 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) 52.219-03, Notice of Total HUBZone Small Business Set-Aside
(Jan 1999) (15 U.S.C 657a).

\_\_\_ (3) 52.219-04, 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\_]{.underline} (5)(i) 52.219-06, Notice of Total Small Business
Set-Aside (June 2003) (15 U.S.C. 644).

[\_X\_]{.underline} (ii) Alternate I (Oct 1995) of 52.219-6.

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

\_\_\_ (6)(i) 52.219-07 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) 52.219-08, Utilization of Small Business Concerns (May 2004)
(15 U.S.C. 637 (d)(2) and (3)).

\_\_\_ (8)(i) 52.219-09, 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.

\_X\_\_ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15
U.S.C. 637(a)(14)).

\_\_\_ (10) 52.219-16, Liquidated Damages---Subcontracting Plan (JAN
1999) (15 U.S.C. 637(d)(4)(F)(i)).

\_\_\_ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for
Small Disadvantaged Business Concerns (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 U.S.C. 657 f).

[\_X\_]{.underline} (15) 52.219-28, Post Award Small Business Program
Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)).

[\_\_]{.underline} [(16) 52.222-03, Convict Labor (June 2003) (E.O.
11755).]{.underline}

\_ \_\_ (17) 52.222-19, Child Labor-Cooperation with Authorities and
Remedies (AUG 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).

\_ \_\_ (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).

\_\_\_ (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).

\_\_\_ (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) 52.223-09, 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)(C)).

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

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

\_\_\_(ii) Alternate I (DEC 2007) of 52.223-16.

\_\_\_ (28) 52.225-01, Buy American Act---Supplies (June 2003) (41
U.S.C. 10a-10d).

\_\_\_ (29)(i)52.225-03, 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) 52.225-05, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).

\_X\_\_ (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) 52.226-04, Notice of Disaster or Emergency Area Set-Aside
(NOV 2007) (42 U.S.C. 5150).

\_\_\_ (33) 52.226-05, 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).

\_\_\_ (39) 52.239-01, 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(b) and 10 U.S.C.
2631).

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

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

\_X\_\_ (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41
U.S.C. 351, et seq.).

\_X\_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires
(May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

\_X\_\_ (3) 52.222-43, Fair Labor Standards Act and Service Contract
Act\--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006)
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

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

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

\_\_\_ (7) 52.237-11, Accepting and Dispensing of \$1 Coin (AUG 2007)
(31 U.S.C. 5112(p)(1)).

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

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

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

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

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

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

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

\(iii\) 52.222-35, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (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 (NOV 2007)(41 U.S.C. 351,
et seq.).

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

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

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

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

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

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 the contract and states the wages and fringe benefits payable to
each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.

*This Statement is for Information Only:* It is not a Wage Determination

  ----------------------------------- -----------------------------------
  **Employee Class**                  **Monetary Wage \-- Fringe
                                      Benefits**

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

**See Section D, Attachment No. 2**

52.232-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is
completed and accepted,

the Contractor shall directly superintend the work or assign and have on
the worksite a competent superintendent who is satisfactory to the
Contracting Officer and has authority to act for the Contractor.

52.232‑7 PAYMENTS UNDER TIME‑AND‑MATERIALS AND (DEC 2002)

LABOR‑HOUR CONTRACTS **Applies to Items 1.5, 2.5, 3.5, 4.5 and 5.5 only,
as indicated in Section B, Continuation of Form 1449.**

The Government will pay the Contractor as follows upon the submission of
invoices or vouchers approved by the Contracting Officer:

\(a\) Hourly rate.

\(1\) The amounts shall be computed by multiplying the appropriate
hourly rates prescribed in the Schedule by the number of direct labor
hours performed. The rates shall include wages, indirect costs, general
and administrative expense, and profit. Fractional parts of an hour
shall be payable on a prorated basis. Vouchers may be submitted once
each month (or at more frequent intervals, if approved by the
Contracting Officer), to the Contracting Officer or designee. The
Contractor shall substantiate vouchers by evidence of actual payment and
by individual daily job timecards, or other substantiation approved by
the Contracting Officer. Promptly after receipt of each substantiated
voucher, the Government shall, except as otherwise provided in this
contract, and subject to the terms of (e) of this section, pay the
voucher as approved by the Contracting Officer.

\(2\) Unless otherwise prescribed in the Schedule, the Contracting
Officer may unilaterally issue a contract modification requiring the
Contractor to withhold amounts from its billings until a reserve is set
aside in an amount that the Contracting Officer considers necessary to
protect the Government\'s interests. The Contracting Officer may require
a withhold of 5 percent of the amounts due under paragraph (a), but the
total amount withheld for the contract shall not exceed \$50,000. The
amounts withheld shall be retained until the Contractor executes and
delivers the release required by paragraph (f) of this clause.

\(3\) Unless the Schedule prescribes otherwise, the hourly rates in the
Schedule shall not be varied by virtue of the Contractor having
performed work on an overtime basis. If no overtime rates are provided
in the Schedule and overtime work is approved in advance by the
Contracting Officer, overtime rates shall be negotiated. Failure to
agree upon these overtime rates shall be treated as a dispute under the
Disputes clause of this contract. If the Schedule provides rates for
overtime, the premium portion of those rates will be reimbursable only
to the extent the overtime is approved by the Contracting Officer.

\(b\) Materials and subcontracts.

\(1\) The Contracting Officer will determine allowable costs of direct
materials in accordance with Subpart 31.2 of the Federal Acquisition
Regulation (FAR) in effect on the date of this contract. Direct
materials, as used in this clause, are those materials that enter
directly into the end product, or that are used or consumed directly in
connection with the furnishing of the end product.

\(2\) The Contractor may include reasonable and allocable material
handling costs in the charge for material to the extent they are clearly
excluded from the hourly rate. Material handling costs are comprised of
indirect costs, including, when appropriate, general and administrative
expense allocated to direct materials in accordance with the
Contractor's usual accounting practices consistent with Subpart 31.2 of
the FAR.

\(3\) The Government will reimburse the Contractor for supplies and
services purchased directly for the contract when the Contractor---

\(i\) Has made payments of cash, checks, or other forms of payment for
these purchased supplies or services; or

\(ii\) Will make these payments determined due---

\(A\) In accordance with the terms and conditions of a subcontract or
invoice; and

\(B\) Ordinarily within 30 days of the submission of the Contractor's
payment request to the Government.

(4)(i) The Government will reimburse the Contractor for costs of
subcontracts that are authorized under the subcontracts clause of this
contract, provided that the costs are consistent with paragraph (b)(5)
of this clause.

\(ii\) The Government will limit reimbursable costs in connection with
subcontracts to the amounts paid for supplies and services purchased
directly for the contract when the Contractor has made or will make
payments determined due of cash, checks, or other forms of payment to
the subcontractor---

\(A\) In accordance with the terms and conditions of a subcontract or
invoice; and

\(B\) Ordinarily within 30 days of the submission of the Contractor's
payment request to the Government.

\(iii\) The Government will not reimburse the Contractor for any costs
arising from the letting, administration, or supervision of performance
of the subcontract, if the costs are included in the hourly rates
payable under paragraph (a)(1) of this clause.

\(5\) To the extent able, the Contractor shall---

\(i\) Obtain materials at the most advantageous prices available with
due regard to securing prompt delivery of satisfactory materials; and

\(ii\) Take all cash and trade discounts, rebates, allowances, credits,
salvage, commissions, and other benefits. When unable to take advantage
of the benefits, the Contractor shall promptly notify the Contracting
Officer and give the reasons. The Contractor shall give credit to the
Government for cash and trade discounts, rebates, scrap, commissions,
and other amounts that have accrued to the benefit of the Contractor, or
would have accrued except for the fault or neglect of the Contractor.
The Contractor shall not deduct from gross costs the benefits lost
without fault or neglect on the part of the Contractor, or lost through
fault of the Government.

\(c\) *Total cost*. It is estimated that the total cost to the
Government for the performance of this contract shall not exceed the
ceiling price set forth in the Schedule and the Contractor agrees to use
its best efforts to perform the work specified in the Schedule and all
obligations under this contract within such ceiling price. If at any
time the Contractor has reason to believe that the hourly rate payments
and material costs that will accrue in performing this contract in the
next succeeding 30 days, if added to all other payments and costs
previously accrued, will exceed 85 percent of the ceiling price in the
Schedule, the Contractor shall notify the Contracting Officer giving a
revised estimate of the total price to the Government for performing
this contract with supporting reasons and documentation. If at any time
during performing this contract, the Contractor has reason to believe
that the total price to the Government for performing this contract will
be substantially greater or less than the then stated ceiling price, the
Contractor shall so notify the Contracting Officer, giving a revised
estimate of the total price for performing this contract, with
supporting reasons and documentation. If at any time during performing
this contract, the Government has reason to believe that the work to be
required in performing this contract will be substantially greater or
less than the stated ceiling price, the Contracting Officer will so
advise the Contractor, giving the then revised estimate of the total
amount of effort to be required under the contract.

\(d\) *Ceiling price*. The Government shall not be obligated to pay the
Contractor any amount in excess of the ceiling price in the Schedule,
and the Contractor shall not be obligated to continue performance if to
do so would exceed the ceiling price set forth in the Schedule, unless
and until the Contracting Officer shall have notified the Contractor in
writing that the ceiling price has been increased and shall have
specified in the notice a revised ceiling that shall constitute the
ceiling price for performance under this contract. When and to the
extent that the ceiling price set forth in the Schedule has been
increased, any hours expended and material costs incurred by the
Contractor in excess of the ceiling price before the increase shall be
allowable to the same extent as if the hours expended and material costs
had been incurred after the increase in the ceiling price.

\(e\) *Audit*. At any time before final payment under this contract the
Contracting Officer may request audit of the invoices or vouchers and
substantiating material. Each payment previously made shall be subject
to reduction to the extent of amounts, on preceding invoices or
vouchers, that are found by the Contracting Officer not to have been
properly payable and shall also be subject to reduction for overpayments
or to increase for underpayments. Upon receipt and approval of the
voucher or invoice designated by the Contractor as the "completion
voucher" or "completion invoice" and substantiating material, and upon
compliance by the Contractor with all terms of this contract (including,
without limitation, terms relating to patents and the terms of (f) and
(g) of this section), the Government shall promptly pay any balance due
the Contractor. The completion invoice or voucher, and substantiating
material, shall be submitted by the Contractor as promptly as
practicable following completion of the work under this contract, but in
no event later than 1 year (or such longer period as the Contracting
Officer may approve in writing) from the date of completion.

\(f\) *Assignment*. The Contractor, and each assignee under an
assignment entered into under this contract and in effect at the time of
final payment under this contract, shall execute and deliver, at the
time of and as a condition precedent to final payment under this
contract, a release discharging the Government, its officers, agents,
and employees of and from all liabilities, obligations, and claims
arising out of or under this contract, subject only to the following
exceptions:

\(1\) Specified claims in stated amounts, or in estimated amounts if the
amounts are not susceptible of exact statement by the Contractor.

\(2\) Claims, together with reasonable incidental expenses, based upon
the liabilities of the Contractor to third parties arising out of
performing this contract, that are not known to the Contractor on the
date of the execution of the release, and of which the Contractor gives
notice in writing to the Contracting Officer not more than 6 years after
the date of the release or the date of any notice to the Contractor that
the Government is prepared to make final payment, whichever is earlier.

\(3\) Claims for reimbursement of costs (other than expenses of the
Contractor by reason of its indemnification of the Government against
patent liability), including reasonable incidental expenses, incurred by
the Contractor under the terms of this contract relating to patents.

\(g\) *Refunds*. The Contractor agrees that any refunds, rebates, or
credits (including any related interest) accruing to or received by the
Contractor or any assignee, that arise under the materials portion of
this contract and for which the Contractor has received reimbursement,
shall be paid by the Contractor to the Government. The Contractor and
each assignee, under an assignment entered into under this contract and
in effect at the time of final payment under this contract, shall
execute and deliver, at the time of and as a condition precedent to
final payment under this contract, an assignment to the Government of
such refunds, rebates, or credits (including any interest) in form and
substance satisfactory to the Contracting Officer.

\(h\) Interim payments.

\(1\) Interim payments made prior to the final payment under the
contract are contract financing payments. Contract financing payments
are not subject to the interest penalty provisions of the Prompt Payment
Act.

\(2\) The designated payment office will make interim payments for
contract financing on the 30th day after the designated billing office
receives a proper payment request. In the event that the Government
requires an audit or other review of a specific payment request to
ensure compliance with the terms and conditions of the contract, the
designated payment office is not compelled to make payment by the
specified due date.

*Alternate II* (FEB 2002).

\(i\) The terms of this clause that govern reimbursement for materials
furnished are considered to have been deleted.

52.242-14 SUSPENSION OF WORK (APR 1984)

\(a\) The Contracting Officer may order the Contractor, in writing, to
suspend, delay, or interrupt all or any part of the work of this
contract for the period of time that the Contracting Officer determines
appropriate for the convenience of the Government.

\(b\) If the performance of all or any part of the work is, for an
unreasonable period of time, suspended, delayed, or interrupted (1) by
an act of the Contracting Officer in the administration of this
contract, or (2) by the Contracting Officer's failure to act within the
time specified in this contract (or within a reasonable time if not
specified), an adjustment shall be made for any increase in the cost of
performance of this contract (excluding profit) necessarily caused by
the unreasonable suspension, delay, or interruption, and the contract
modified in writing accordingly. However, no adjustment shall be made
under this clause for any suspension, delay, or interruption to the
extent that performance would have been so suspended, delayed, or
interrupted by any other cause, including the fault or negligence of the
Contractor, or for which an equitable adjustment is provided for or
excluded under any other term or condition of this contract.

\(c\) A claim under this clause shall not be allowed---

\(1\) For any costs incurred more than 20 days before the Contractor
shall have notified the Contracting Officer in writing of the act or
failure to act involved (but this requirement shall not apply as to a
claim resulting from a suspension order); and

\(2\) Unless the claim, in an amount stated, is asserted in writing as
soon as practicable after the termination of the suspension, delay, or
interruption, but not later than the date of final payment under the
contract.

52.243‑3 CHANGES‑‑TIME‑AND‑MATERIALS OR LABOR‑HOURS (SEP 2000)

**Applies to Items 1.5, 2.5, 3.5, 4.5 and 5.5 only, as indicated in
Section B, Continuation of Form 1449.**

\(a\) The Contracting Officer may at any time, by written order, and
without notice to the sureties, if any, make changes within the general
scope of this contract in any one or more of the following:

\(1\) Description of services to be performed.

\(2\) Time of performance (i.e. hours of the day, days of the week).

\(3\) Place of performance of the services.

\(4\) Drawings, designs, or specifications when the supplies to be
furnished are to be specially manufactured for the Government in
accordance with the drawings, designs or specifications.

\(5\) Method of shipment or packing of supplies.

\(6\) Place of delivery.

\(7\) Amount of Government‑furnished property.

\(b\) If any change causes an increase or decrease in any hourly rate,
the ceiling price, or the time required for performance of any part of
the work under this contract, whether or not changed by the order, or
otherwise affects any other terms and conditions of this contract, the
Contracting Officer will make an equitable adjustment in any one or more
of the following and will modify the contract accordingly:

\(1\) Ceiling price.

\(2\) Hourly rates.

\(3\) Delivery schedule.

\(4\) Other affected terms.

\(c\) The Contractor shall assert its right to an adjustment under this
clause within 30 days from the date of receipt of the written order.
However, if the Contracting Officer decides that the facts justify it,
the Contracting Officer may receive and act upon a proposal submitted
before final payment of the contract.

\(d\) Failure to agree to any adjustment will be a dispute under the
Disputes clause. However, nothing in this clause excuses the Contractor
from proceeding with the contract as changed.

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

\(a\) Definitions. "Services," as used in this clause, includes services
performed, workmanship, and material furnished or utilized in the
performance of services.

\(b\) The Contractor shall provide and maintain an inspection system
acceptable to the Government covering the services under this contract.
Complete records of all inspection work performed by the Contractor
shall be maintained and made available to the Government during contract
performance and for as long afterwards as the contract requires.

\(c\) The Government has the right to inspect and test all services
called for by the contract, to the extent practicable at all times and
places during the term of the contract. The Government shall perform
inspections and tests in a manner that will not unduly delay the work.

\(d\) If the Government performs inspections or tests on the premises of
the Contractor or a subcontractor, the Contractor shall furnish, and
shall require subcontractors to furnish, at no increase in contract
price, all reasonable facilities and assistance for the safe and
convenient performance of these duties.

\(e\) If any of the services do not conform with contract requirements,
the Government may require the Contractor to perform the services again
in conformity with contract requirements, at no increase in contract
amount. When the defects in services cannot be corrected by
reperformance, the Government may (1) require the Contractor to take
necessary action to ensure that future performance conforms to contract
requirements and (2) reduce the contract price to reflect the reduced
value of the services performed.

\(f\) If the Contractor fails to promptly perform the services again or
to take the necessary action to ensure future performance in conformity
with contract requirements, the Government may (1) by contract or
otherwise, perform the services and charge to the Contractor any cost
incurred by the Government that is directly related to the performance
of such service or (2) terminate the contract for default.

52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (JAN 1986)

**Applies to Items 1.5, 2.5, 3.5, 4.5 and 5.5 only, as indicated in
Section B, Continuation of Form 1449.**

\(a\) Definitions. "Contractor\'s managerial personnel," as used in this
clause, means any of the Contractor\'s directors, officers, managers,
superintendents, or equivalent representatives who have supervision or
direction of‑‑

\(1\) All or substantially all of the Contractor's business;

\(2\) All or substantially all of the Contractor's operation at any one
plant or separate location at which the contract is being performed; or

\(3\) A separate and complete major industrial operation connected with
the performance of this contract.

"Materials," as used in this clause, includes data when the contract
does not include the Warranty of Data clause.

\(b\) The Contractor shall provide and maintain an inspection system
acceptable to the Government covering the material, fabricating methods,
work, and services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to the Government during contract performance and for as long
afterwards as the contract requires.

\(c\) The Government has the right to inspect and test all materials
furnished and services performed under this contract, to the extent
practicable at all places and times, including the period of
performance, and in any event before acceptance. The Government may also
inspect the plant or plants of the Contractor or any subcontractor
engaged in contract performance. The

Government shall perform inspections and tests in a manner that will not
unduly delay the work.

\(d\) If the Government performs inspection or test on the premises of
the Contractor or a subcontractor, the Contractor shall furnish and
shall require subcontractors to furnish all reasonable facilities and
assistance for the safe and convenient performance of these duties.

\(e\) Unless otherwise specified in the contract, the Government shall
accept or reject services and materials at the place of delivery as
promptly as practicable after delivery, and they shall be presumed
accepted 60 days after the date of delivery, unless accepted earlier.

\(f\) At any time during contract performance, but not later than 6
months (or such other time as may be specified in the contract) after
acceptance of the services or materials last delivered under this
contract, the Government may require the Contractor to replace or
correct services or materials that at time of delivery failed to meet
contract requirements. Except as otherwise specified in paragraph (h) of
this clause, the cost of replacement or correction shall be determined
under the Payments Under Time‑and‑Materials and Labor‑Hour Contracts
clause, but the "hourly rate" for labor hours incurred in the
replacement or correction shall be reduced to exclude that portion of
the rate attributable to profit. The Contractor shall not tender for
acceptance materials and services required to be replaced or corrected
without disclosing the former requirement for replacement or correction,
and, when required, shall disclose the corrective action taken.

(g)(1) If the Contractor fails to proceed with reasonable promptness to
perform required replacement or correction, and if the replacement or
correction can be performed within the ceiling price (or the ceiling
price as increased by the Government), the Government may‑‑

\(i\) By contract or otherwise, perform the replacement or correction,
charge to the Contractor any increased cost, or deduct such increased
cost from any amounts paid or due under this contract; or

\(ii\) Terminate this contract for default.

\(2\) Failure to agree to the amount of increased cost to be charged to
the Contractor shall be a dispute.

\(h\) Notwithstanding paragraphs (f) and (g) above, the Government may
at any time require the Contractor to remedy by correction or
replacement, without cost to the Government, any failure by the
Contractor to comply with the requirements of this contract, if the
failure is due to‑‑

\(1\) Fraud, lack of good faith, or willful misconduct on the part of
the Contractor\'s managerial personnel; or

\(2\) The conduct of one or more of the Contractor\'s employees selected
or retained by the Contractor after any of the Contractor\'s managerial
personnel has reasonable grounds to believe that the employee is
habitually careless or unqualified.

\(i\) This clause applies in the same manner and to the same extent to
corrected or replacement materials or services as to materials and
services originally delivered under this contract.

\(j\) The Contractor has no obligation or liability under this contract
to correct or replace materials and services that at time of delivery do
not meet contract requirements, except as provided in this clause or as
may be otherwise specified in the contract.

\(k\) Unless otherwise specified in the contract, the Contractor\'s
obligation to correct or replace Government‑furnished property shall be
governed by the clause pertaining to Government property.

1452.228-70 LIABILITY INSURANCE - DEPARTMENT OF THE INTERIOR (JUL 1996)

\(a\) The Contractor shall procure and maintain during the term of this
contract and any extension thereof liability insurance in form
satisfactory to the Contracting Officer by an insurance company which is
acceptable to the Contracting Officer. The named insured parties under
the policy shall be the Contractor and the United States of America. The
amounts of the insurance shall be not less than as follows:

\$500,000 each person

\$500,000 each occurrence

\$500,000 property damage

\(b\) Each policy shall have a certificate evidencing the insurance
coverage. The insurance company shall provide an endorsement to notify
the Contracting Officer 30 days prior to the effective date of
cancellation or termination of the policy or certificate; or
modification of the policy or certificate which may adversely affect the
interest of the Government in such insurance. The certificate shall
identify the contract number, the name and address of the Contracting
Officer, as well as the insured, the policy number and a brief
description of contract services to be performed. The contractor shall
furnish the Contracting Officer with a copy of an acceptable insurance
certificate prior to beginning the work.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

LIST OF ATTACHMENTS DESCRIPTION

Attachment No. 1 Statement of Work (23)

Attachment No. 2 Classification and Wages of Government Employees

Attachment No. 3 Wage Determination WD 77-0079 (Rev.-37) (4)

Attachment No. 4 BLM Fire Protection Requirements (2)

Attachment No. 5 DOI 2008 AD Pay Rates (20)

Attachment No. 6 Project Area Map

Attachment No. 7 Unit Maps (3)

SECTION E - SOLICITATION PROVISIONS

52-212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2006)
(incorporated by reference)

FAR 52.212-2 Evaluation - Commercial Items (JAN 1999)

\(a\) The Government will award a contract resulting from this
solicitation to the responsible offeror whose offer conforming to the
solicitation will be most advantageous to the Government, price and
other factors considered. The following factors shall be used to
evaluate offers:

> Price
>
> Past Performance

\(b\) *Options.* The Government will evaluate offers for award purposes
by adding the total price for all options to the total price for the
basic requirement. The Government may determine that an offer is
unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the
option(s).

\(c\) A written notice of award or acceptance of an offer, mailed or
otherwise furnished to the successful offeror within the time for
acceptance specified in the offer, shall result in a binding contract
without further action by either party. Before the offer's specified
expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless
a written notice of withdrawal is received before award.

**Addendum to 52.212-2:**

Award will be made on an all or none basis to the responsible firm whose
offeror is most advantageous and represents the best value to the
Government, price and other factors considered. Other factors for this
solicitation include past performance of the offeror. Offeror shall
submit a list of no more than 10 references with current phone numbers
in which similar services of the same scope as this acquisition have
been accomplished. Past performance information may also be based on the
Government's knowledge of and previous experience with the offeror, or
other reasonable basis.

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]{.underline}](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 (k) 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) 1000-9999, 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.

"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)*.

  TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

TIN has been applied for.

TIN is not required because:

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

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of the Federal Government.

\(4\) *Type of organization*.

Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(5\) *Common parent*.

Offeror is not owned or controlled by a common parent;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

\(e\) *Certification Regarding Payments to Influence Federal
Transactions (31 U.S.C. 1352)*. (Applies only if the contract is
expected to exceed \$100,000.) By submission of its offer, the offeror
certifies to the best of its knowledge and belief that no Federal
appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress on his or her behalf in connection with
the award of any resultant contract. If any registrants under the
Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf
of the offeror with respect to this contract, the offeror shall complete
and submit, with its offer, OMB Standard Form LLL, Disclosure of
Lobbying Activities, to provide the name of the registrants. The offeror
need not report regularly employed officers or employees of the offeror
to whom 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 the offeror has considered components of unknown origin to have
been mined, produced, or manufactured outside the United States. The
offeror shall list as foreign end products those end products
manufactured in the United States that do not qualify as domestic end
products. The terms "component," "domestic end product," "end product,"
"foreign end product," and "United States" are defined in the clause of
this solicitation entitled "Buy American Act---Supplies."

\(2\) Foreign End Products:

  -------------------------------- --------------------------------------
  Line Item No.                    Country of Origin

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_     \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_     \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_     \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  -------------------------------- --------------------------------------

\[*List as necessary*\]

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

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

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

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

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

  -------------------------------- --------------------------------------
  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.

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

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

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_     \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_     \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_     \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  -------------------------------- --------------------------------------

\[*List as necessary*\]

\(iii\) 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 Debarment, Suspension or Ineligibility
for Award (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; and

\(2\)  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, or receiving stolen
property; and

\(3\)  Are,  are not presently indicted for, or otherwise criminally or
civilly charged by a Government entity with, commission of any of these
offenses.

\(i\) Certification Regarding Knowledge of Child Labor for *Listed End
Products (Executive Order 13126)*. \[*The Contracting Officer must list
in paragraph (i)(1) any end products being acquired under this
solicitation that are included in the List of Products Requiring
Contractor Certification as to Forced or Indentured Child Labor, unless
excluded at 22.1503(b)*.\]

\(1\) *Listed end products*.

  ---------------------------------------- ----------------------------------------
  Listed End Product                       Listed Countries of Origin

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ---------------------------------------- ----------------------------------------

\(2\) *Certification*. \[*If the Contracting Officer has identified end
products and countries of origin in paragraph (i)(1) of this provision,
then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by
checking the appropriate block*.\]

\[  \] (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.) \[*The contracting officer is to check a box
to indicate if paragraph (k)(1) or (k)(2) applies.*\]

> \[ \] (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 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

\(iv\) 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.

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

\(2\) The offeror has completed the annual representations and
certifications electronically via the ORCA website at
[[http://orca.bpn.gov]{.underline}](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 \_\_\_\_\_\_\_\_\_\_\_\_\_\_.

> \[*Offeror to identify the applicable paragraphs at (b) through(k) of
> this provision that the offeror has completed for the purposes of this
> solicitation only, if any*.
>
> *These amended representation(s) and/or certification(s) are also
> incorporated in this offer and are current, accurate, and complete as
> of the date of this offer*.
>
> *Any changes provided by the offeror are applicable to this
> solicitation only, and do not result in an update to the
> representations and certifications posted on ORCA*.\]

52.216‑1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm, fixed-price contract
resulting from this solicitation, except as noted below.

#### 52.216-31 -- Time-and-Materials/Labor-Hour Proposal Requirements - (Feb 2007)

####  Commercial Item Acquisition 

#### 

\(a\) The Government contemplates award of a Time-and-Materials or
Labor-Hour type of contract resulting from this solicitation for Items
1.5, 2.5, 3.5, 4.5 and 5.5.

\(b\) The offeror must specify fixed hourly rates in its offer that
include wages, overhead, general and administrative expenses, and
profit. The offeror must specify whether the fixed hourly rate for each
labor category applies to labor performed by---

> \(1\) The offeror;
>
> \(2\) Subcontractors; and/or
>
> \(3\) Divisions, subsidiaries, or affiliates or the offeror under a
> common control.

52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where
services are to be performed and to satisfy themselves regarding all
general and local conditions that may affect the cost of contract
performance, to the extent that the information is reasonably
obtainable. In no event shall failure to inspect the site constitute
grounds for a claim after contract award.

E.1.0 MIGRANT SEASONAL AGRICULTURAL WORKERS PROTECTION REGISTRATION

> If applicable, a valid U.S. Department of Labor Registration number
> must be supplied within five (5) days after date of award. Failure to
> provide such number is grounds for contract termination.
>
> Application for numbers should be made on Form WH-510, Application for
> a Farm Labor Contractor Certificate of Registration, which should be
> available at your State Employment Service Offices or your nearest
> U.S. Department of Labor Office. Further information may be obtained
> from:
>
> U.S. Department of Labor Telephone: (415) 975-4550/4561
>
> Wage and Hour Division
>
> 71 Stevenson Street, Suite 930
>
> San Francisco, CA 94105
>
> Registration Number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (Migrant Seasonal Agricultural Workers Protection Act)

E.2.0 [QUOTATION SUBMITTAL INSTRUCTIONS]{.underline} - This is a Request
for Quote (RFQ) and, therefore, no public opening will be held. The
results will not be made public prior to award. As quotations are
considered confidential, the name of the Contractor and the amount of
the order will be disclosed only after award.

E.3.0 As it is anticipated award will be made within fifteen (15) days
from closing date of quote, award information may be obtained by
accessing: http://www.blm.gov/or/procurement or
[http://www.fedbizopps.gov](http://www.fedbizopps.gov/).

Use one of the following methods to submit your quote.

E.4.0 [Quotation Submittal.]{.underline} The quote may be faxed to
503-808-6312. In the alternative, electronic quotes are acceptable
through FedBizOpps (FBO). In accordance with FAR 4.1201, representations
and certifications shall be entered through
[[www.bpn.gov]{.underline}](http://www.bpn.gov/) using the ORCA system
and updated annually. Any applicable representations required under
Section E shall be submitted either by fax, by e-mail to
or952mb@or.blm.gov, or by mailing or handcarrying to the proper address
shown in E.5.0*.*

E.5.0 [Hard Copy Submittal]{.underline} - When submitting a quote, each
envelope (including express mail pouches) must be sealed, marked with
the solicitation number and addressed as follows:

+-------------------------------+--------------------------------------+
| > **Mail quote to:**          | > **Hand carry quote to**:           |
| >                             |                                      |
| > Bureau of Land Management   | Bureau of Land Management            |
|                               |                                      |
| Branch of Procurement         | Land Office                          |
| Management                    |                                      |
|                               | 333 S.W. First Avenue, 1st Floor     |
| 333 S.W. First Avenue, 7th    |                                      |
| Floor                         | > Portland, OR 97204                 |
|                               |                                      |
| Portland, OR 97204            |                                      |
+-------------------------------+--------------------------------------+