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<col style="width: 7%" />
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<col style="width: 2%" />
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<col style="width: 5%" />
<col style="width: 0%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 8%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="5"><strong>SOLICITATION, OFFER AND AWARD</strong></td>
<td colspan="4"><p>1. THIS CONTRACT IS A RATED ORDER</p>
<blockquote>
<p>UNDER DPAS (15 CFR 700)</p>
</blockquote></td>
<td><img src="media/image1.wmf" /></td>
<td colspan="4"><p>RATING</p>
<p>N/A</p></td>
<td colspan="4"><p>PAGE OF PAGES</p>
<p>*</p></td>
</tr>
<tr class="even">
<td colspan="4">2. CONTRACT NUMBER</td>
<td colspan="3"><p>3. SOLICITATION NUMBER</p>
<p>PR-HQ-09-10388</p></td>
<td colspan="3"><p>4. TYPE OF SOLICITATION</p>
<blockquote>
<p>[ ] SEALED BID (IFB)</p>
<p>[X ] NEGOTIATED (RFP)</p>
</blockquote></td>
<td colspan="4">5. DATE ISSUED</td>
<td colspan="4">6. REQUISITION/PURCHASE NUMBER PR-HQ-09-10388</td>
</tr>
<tr class="odd">
<td colspan="6"><p>7. ISSUED BY CODE</p>
<p>(Hand Delivered/Overnight Commercial Carriers)</p></td>
<td colspan="2"></td>
<td colspan="10"><p>8. ADDRESS OFFER TO (If other than Item 7)</p>
<p>(U. S. Mail Only)</p></td>
</tr>
<tr class="even">
<td colspan="8"><p>Environmental Protection Agency</p>
<p>Bid and Proposal Room, Ronald Reagan Building, 6th Floor (3802R)</p>
<p>1300 Pennsylvania Avenue, N.W.</p>
<p>Washington, DC 20004</p></td>
<td colspan="10"><p>Environmental Protection Agency</p>
<p>Bid and Proposal Room, Ariel Rios Building (3802R)</p>
<p>1200 Pennsylvania Avenue, N.W.</p>
<p>Washington, DC 20460</p></td>
</tr>
<tr class="odd">
<td colspan="18">NOTE: In sealed bid solicitations "offer" and "offeror"
mean "bid" and "bidder"</td>
</tr>
<tr class="even">
<td colspan="18"><strong>SOLICITATION</strong></td>
</tr>
<tr class="odd">
<td colspan="18"><p>9. Sealed offers in original and <u>2</u> copies for
furnishing the supplies or services in the Schedule will be received at
the place specified in item 8, or if handcarried, in the depository</p>
<p>located in Block 7 until <u>04:00 PM</u> local_time
<u>2/12/09</u></p>
<p>(<em>Hour</em>) (<em>Date</em>)</p>
<p>CAUTION - LATE Submissions, Modifications, and Withdrawals: See
Section L, Provision No. 52.214-7 or 52.215-1 All offers are subject to
all terms and conditions contained in this solicitation.</p></td>
</tr>
<tr class="even">
<td colspan="3" rowspan="2">10. FOR INFORMATION CALL:</td>
<td rowspan="2"><img src="media/image2.wmf" /></td>
<td colspan="5" rowspan="2"><p>A. NAME</p>
<p>DIANNE LYLES</p></td>
<td colspan="6">B. TELEPHONE <em>(NO COLLECT CALLS)</em></td>
<td colspan="3" rowspan="2"><p>C. E-MAIL ADDRESS</p>
<p>lyles.dianne@epa.gov</p></td>
</tr>
<tr class="odd">
<td colspan="3"><p>AREA CODE</p>
<p>202</p></td>
<td><p>NUMBER</p>
<p>564-6111</p></td>
<td colspan="2">EXT.</td>
</tr>
<tr class="even">
<td colspan="18">11. TABLE OF CONTENTS</td>
</tr>
<tr class="odd">
<td>(X)</td>
<td>SEC.</td>
<td colspan="5">DESCRIPTION</td>
<td>PAGE (S)</td>
<td>(X)</td>
<td colspan="2">SEC.</td>
<td colspan="6">DESCRIPTION</td>
<td>PAGE (S)</td>
</tr>
<tr class="even">
<td colspan="8">PART I - THE SCHEDULE</td>
<td colspan="10">PART II - CONTRACT CLAUSES</td>
</tr>
<tr class="odd">
<td>x</td>
<td>A</td>
<td colspan="5">SOLICITATION/CONTRACT FORM</td>
<td></td>
<td></td>
<td colspan="2">I</td>
<td colspan="6">CONTRACT CLAUSES</td>
<td></td>
</tr>
<tr class="even">
<td>x</td>
<td>B</td>
<td colspan="5">SUPPLIES OR SERVICES AND PRICES/COSTS</td>
<td></td>
<td>x</td>
<td colspan="9">PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACH.</td>
</tr>
<tr class="odd">
<td>x</td>
<td>C</td>
<td colspan="5">DESCRIPTION/SPECS./WORK STATEMENT</td>
<td></td>
<td>x</td>
<td colspan="2">J</td>
<td colspan="6">LIST OF ATTACHMENTS</td>
<td></td>
</tr>
<tr class="even">
<td>x</td>
<td>D</td>
<td colspan="5">PACKAGING AND MARKING</td>
<td></td>
<td></td>
<td colspan="9">PART IV - REPRESENTATIONS AND INSTRUCTIONS</td>
</tr>
<tr class="odd">
<td>x</td>
<td>E</td>
<td colspan="5">INSPECTION AND ACCEPTANCE</td>
<td></td>
<td>x</td>
<td colspan="2" rowspan="2">K</td>
<td colspan="6" rowspan="2">REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS</td>
<td rowspan="2"></td>
</tr>
<tr class="even">
<td>x</td>
<td>F</td>
<td colspan="5">DELIVERIES OR PERFORMANCE</td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>x</td>
<td>G</td>
<td colspan="5">CONTRACT ADMINISTRATION DATA</td>
<td></td>
<td>x</td>
<td colspan="2">L</td>
<td colspan="6">INSTRS., CONDS., AND NOTICES TO OFFERORS</td>
<td></td>
</tr>
<tr class="even">
<td>x</td>
<td>H</td>
<td colspan="5">SPECIAL CONTRACT REQUIREMENTS</td>
<td></td>
<td>x</td>
<td colspan="2">M</td>
<td colspan="6">EVALUATION FACTORS FOR AWARD</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="18"><strong>OFFER</strong> (Must be fully completed by
offeror)</td>
</tr>
<tr class="even">
<td colspan="18">NOTE: Item 12 does not apply if the solicitation
includes the provisions in 52.214-16, Minimum Bid Acceptance
Period.</td>
</tr>
<tr class="odd">
<td colspan="18">12. In compliance with the above, the undersigned
agrees, if this offer is accepted within calender days (120 calendar
days unless a different period is inserted by the offeror) from the date
for receipt of offers specified above, to furnish any or all items upon
which prices are offered at the price set opposite each item, delivered
at the designated point(s), within the time specified in the
schedule.</td>
</tr>
<tr class="even">
<td colspan="2">13. DISCOUNT FOR PROMPT PAYMENT</td>
<td></td>
<td><img src="media/image3.wmf" /></td>
<td colspan="3" rowspan="2"><p>10 CALENDAR DAYS</p>
<p>%</p></td>
<td colspan="3" rowspan="2"><p>20 CALENDAR DAYS</p>
<p>%</p></td>
<td colspan="5" rowspan="2"><p>30 CALENDAR DAYS</p>
<p>%</p></td>
<td colspan="3" rowspan="2"><p>CALENDAR DAYS</p>
<p>%</p></td>
</tr>
<tr class="odd">
<td colspan="4">(See Section I, Clause 52-232-8)</td>
</tr>
<tr class="even">
<td colspan="4" rowspan="3"><p>14. ACKNOWLEDGMENT OF AMENDMENTS</p>
<blockquote>
<p>(The offeror acknowledges receipt of amendments to the SOLICITATION
for offerors and related documents numbered and dated:)</p>
</blockquote></td>
<td colspan="3">AMENDMENT NO.</td>
<td colspan="3">DATE</td>
<td colspan="5">AMENDMENT NO.</td>
<td colspan="3">DATE</td>
</tr>
<tr class="odd">
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="5"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="5"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="2">15A. NAME AND</td>
<td colspan="2" rowspan="2"></td>
<td colspan="2">CODE</td>
<td></td>
<td>FACILITY</td>
<td></td>
<td colspan="9" rowspan="2">16. NAME AND TITLE OF PERSON AUTHORIZED TO
SIGN OFFER (<em>Type or print</em>)</td>
</tr>
<tr class="even">
<td colspan="2"><p>ADDRESS OF</p>
<p>OFFEROR</p></td>
<td colspan="5"></td>
</tr>
<tr class="odd">
<td colspan="5">15B. TELEPHONE NUMBER</td>
<td colspan="4" rowspan="2"><p>15C. CHECK IF REMITTANCE ADDRESS</p>
<blockquote>
<p>IS DIFFERENT FROM ABOVE - ENTER</p>
</blockquote>
<p>[ ] SUCH ADDRESS IN SCHEDULE</p></td>
<td colspan="7" rowspan="2">17. SIGNATURE</td>
<td colspan="2" rowspan="2">18. OFFER DATE</td>
</tr>
<tr class="even">
<td>AREA CODE</td>
<td colspan="3">NUMBER</td>
<td>EXT.</td>
</tr>
<tr class="odd">
<td colspan="18"><strong>AWARD</strong> (To be completed by
Government)</td>
</tr>
<tr class="even">
<td colspan="5">19. ACCEPTED AS TO ITEMS NUMBERED</td>
<td colspan="3">20. AMOUNT</td>
<td colspan="10">21. ACCOUNTING AND APPROPRIATION</td>
</tr>
<tr class="odd">
<td colspan="8"><p>22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN
COMPETITION:</p>
<blockquote>
<p>[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )</p>
</blockquote></td>
<td colspan="7"><p>23. SUBMIT INVOICES TO ADDRESS SHOWN IN</p>
<blockquote>
<p>(4 copies unless otherwise specified)</p>
</blockquote></td>
<td><img src="media/image4.wmf" /></td>
<td colspan="2">ITEM</td>
</tr>
<tr class="even">
<td colspan="7" rowspan="2">24. ADMINISTERED BY (If other than item 7)
CODE</td>
<td></td>
<td colspan="9" rowspan="2"><p>25. PAYMENT WILL BE MADE BY CODE:</p>
<p>U.S. Environmental Protection Agency</p>
<p>RTP-Finance Center (D143-02)</p>
<p>109 T.W. Alexander Drive</p>
<p>Durham, NC 27711</p></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="8">26. NAME OF CONTRACTING OFFICER (<em>Type or
print</em>)</td>
<td colspan="8"><p>27. UNITED STATES OF AMERICA</p>
<p><em>(Signature of Contracting Officer)</em></p></td>
<td colspan="2">28. AWARD DATE</td>
</tr>
<tr class="odd">
<td colspan="18">IMPORTANT - Award will be made on this Form, or on
Standard Form 26, or by other authorized official written notice.</td>
</tr>
<tr class="even">
<td colspan="7"><p>AUTHORIZED FOR LOCAL REPRODUCTION</p>
<p>Previous edition is unusable</p></td>
<td colspan="2"></td>
<td colspan="9"><p><strong>STANDARD FORM 33</strong> (REV. 9-97)</p>
<p>Prescribed by GSA - FAR (48 CFR) 53.214(c)</p></td>
</tr>
</tbody>
</table>

Number range CHAPTER

**TABLE OF CONTENTS**

SOLICITATION, OFFER AND AWARD

PART I - THE SCHEDULE

**SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS**

B.1 CONTRACT TERMS AND CONDITIONS \-- COMMERCIAL ITEMS(FAR 52.212-4)

(OCT 2008)

B.2 FIXED RATES FOR SERVICES\--INDEFINITE DELIVERY/INDEFINITE QUANTITY
CONTRACT

(EPAAR 1552.216-73) (APR 1984)

B.3 MINIMUM AND MAXIMUM AMOUNTS (EP 52.216-140) (APR 1984)

B.4 OTHER DIRECT COST (EP 52.231-10) (APR 1984)

**SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT**

C.1 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON ENVIRONMENTAL
PROTECTION

AGENCY (EPA) CONTRACTS (EP 52.000-000) (NOV 1994)

C.2 INCORPORATION OF CONTRACTOR\'S TECHNICAL PROPOSAL (EP 52.210-120)

(APR 1984)

C.3 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES MANAGEMENT

(EPAAR 1552.211-79) (OCT 2000)

C.4 ACQUISITION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND

SERVICES (EP-S 97-1) (MAY 1999)

**SECTION D - PACKAGING AND MARKING**

> \[For this Solicitation, there are NO clauses in this Section\]

**SECTION E - INSPECTION AND ACCEPTANCE**

E.1 NOTICE Listing Contract Clauses Incorporated by Reference

**SECTION F - DELIVERIES OR PERFORMANCE**

F.1 NOTICE Listing Contract Clauses Incorporated by Reference

F.2 MONTHLY PROGRESS REPORT (EPAAR 1552.211-72) (JUN 1996)

F.3 PERIOD OF PERFORMANCE (EP 52.212-140) (APR 1984)

**SECTION G - CONTRACT ADMINISTRATION DATA**

G.1 CONTRACT ADMINISTRATION REPRESENTATIVES (EP 52.242-100) (AUG 1984)\
G.2 ORDERING-BY DESIGNATED ORDERING OFFICERS (EPAAR 1552.216-72 (APR
1984)

G.3 SUBMISSION OF INVOICES (EPAAR 1552.232-70) (JUN 1996)

G.4 SUBCONTRACT CONSENT (EP 52.244-100) (APR 1984)

**SECTION H - SPECIAL CONTRACT REQUIREMENTS**

H.1 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER(EPAAR
1552.203-71) (AUG 2000)

H.2 PRINTING (EPAAR 1552.208-70) (DEC 2005)

H.3 ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71) (MAY 1994)

H.4 ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71) (MAY 1994)

ALTERNATE I (MAY 1994)

H.5 NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL

(EPAAR 1552.209-73) (MAY 1994)

H.6 LIMITATION OF FUTURE CONTRACTING (HEADQUARTERS SUPPORT)

(EPAAR 1552.209-74) (OCT 2005) ALTERNATE V (APR 2004)

H.7 CONTRACTOR PERFORMANCE EVALUATIONS (EPAAR 1552.209-76) (OCT 2002)

H.8 OPTION TO EXTEND THE TERM OF THE CONTRACT\-- FIXED PRICE

(EPAAR 1552.217-77) (OCT 2000)

H.9 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT (EPAAR 1552.227-76)

(MAY 1994) ALTERNATE I (JUN 1994) DEVIATION

H.10 SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY

(EPAAR 1552.235-70) (APR 1984)

H.11 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-71)

(APR 1984)

H.12 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION

(EPAAR 1552.235-79) (APR 1996)

H.13 TECHNICAL DIRECTION (EPAAR 1552.237-71) (APR 1984) DEVIATION
...\...

H.14 KEY PERSONNEL (EPAAR 1552.237-72) (APR 1984)

H.15 PAPERWORK REDUCTION ACT (EPAAR 1552.237-75) (APR 1984)

H.16 INCREMENTAL FUNDING

PART II - CONTRACT CLAUSES

**SECTION I - CONTRACT CLAUSES**

I.1 NOTICE Listing Contract Clauses Incorporated by Reference

I.2 OFFEROR REPRESENTATIONS AND CERTIFICATIONS \-- COMMERCIAL ITEMS

(FAR 52.212-3) (JUN 2008)

I.3 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS \-- COMMERCIAL ITEMS (JUN 2007)) (FAR 52.212-5)

I.4 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV
1999)\...\...\...\...\...\...\....

DEC 2008)

I.5 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9)

(MAR 2000)

I.6 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FAR 52.219-28)

(JUN 2007)

I.7 PROHIBITION OF SEGREGATED FACILITIES (FAR 52.222-21) (FEB 1999)

I.8 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES

OR FEES (DEC 2004) (FAR 52.222-39) (DEC 2004)

I.9 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (FAR 52.223-5)

(AUG 2003)

I.10 OZONE-DEPLETING SUBSTANCES (FAR 52.223-11) (MAR 2001)

I.11 COMPETITION IN SUBCONTRACTING (FAR 52.244-5) (DEC 1996)

I.12 SUBCONTRACTS FOR COMMERCIAL ITEMS (FAR 52.244-6) (DEC 2008)

I.13 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

I.13 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (APR 1984)

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

**SECTION J - LIST OF ATTACHMENTS**

> J.1 LIST OF ATTACHMENTS (EP 52.252-100) (APR 1984)

PART IV - REPRESENTATIONS AND INSTRUCTIONS

**SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS**

K.1 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR 52.203-2)

(APR 1985)

K.2 ANNUAL REPRESENTATION AND CERTIFICATIONS (FAR 52.204-8

(JAN 2006)

K.3 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT CERTIFICATION

(EPAAR 1552.203-70) (APR 1984)

K.4 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION

(EPAAR 1552.209-72) (APR 1984)

K.5 SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE

PROPRIETORS AND PRIVACY ACT STATEMENT(EPAAR 1552.224-70) (APR 1984)

K.6 SIGNATURE BLOCK (EP 52.299-900) (APR 1984)

K.7 SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1)

(MAY 2004)

K.8 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING(FAR 52.223-13)

**SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS**

L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FAR 52.252-1) (FEB 1998)

L.2 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION

(EPAAR 1552.209-70) (APR 1984)

L.3TECHNICAL QUESTIONS (EP 52.215-110) (APR 1984)

L.4 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE GOVERNMENT

FOR AUDIT (EP 52.215-115) (MAR 1989)

L.5 IDENTIFICATION OF SET-ASIDE/8A PROGRAM APPLICABILITY

(EP 52.219-100) (FEB 1991)

L.6 EPA GREEN MEETINGS AND CONFERENCES (EPAAR 1552.223-71) (MAY 2007)

L.7 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS (EPAAR
1552.233-70) (JUL 1999) Page L-3

L.8 ADDITIONAL BID/PROPOSAL SUBMISSION INSTRUCTIONS (EP-S 99-2) (AUG
2004)

L.9 FACILITIES CAPITAL COST OF MONEY(FAR 52.215-16) (JUN 2003)

L.10 TYPE OF CONTRACT (FAR 52.216-1) (JUN 2003)

L.11 SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006)

L.12 COMPLIANCE WITH FAR CLAUSE 52.222-43, "FAIR LABOR STANDARDS ACT

AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION
YEAR CONTRACTS (EP 52.222-100) (FEB 1994)

L.13 DISCLOSURE
REQUIREMENTS\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....

L.14 **CONFLICT OF INTEREST
PLAN\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....**

L.15 MINIMUM STANDARDS FOR EPA CONTRACTORS\' CONFLICT OF INTEREST
PLANS\...\...

L.16 **INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND COST OR PRICING
(EPAAR 1552.215-72) (AUG
1993)DEVIATION\...\...\...\...\...\...\...\...\...\...\...\...\...\.....**

L.17 PAST PERFORMANCE INFORMATION (EPAAAR 1552.215-76) (OCT 2000)
\...\...\....

**SECTION M - EVALUATION FACTORS FOR AWARD**

M.1 EPA SOURCE EVALUATION AND SELECTION PROCEDURES\--NEGOTIATED

PROCUREMENTS (EPAAR 1552.215-70) (AUG 1999)

M.2 EVALUATION FACTORS FOR AWARD (EPAAR 1552.215-71) (AUG 1999)

M.3 EVALUATION OF OPTIONS (FAR 52.217-5) (JUN 1990)

M.4 EVALUATION OF CONFLICT OF INTEREST
PLAN\...\...\...\...\...\...\...\...\...\...\....

STATEMENT OF WORK COMPUTER RESOURCES SERVICES FOR THE COMPLIANCE AND
INNOVATIVE STRATEGIES
(CISD)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...

ATTACHMENT TO STATEMENT OF WORK FOR HSPD-12

LABOR CATAGORIES

DISCUSSION OF SENSITIVE CONTRACTING AREAS
\...\...\...\...\...\...\...\...\...\...\.....

PAST PERFORMANCE
QUESTIONNAIRE\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....

SAMPLE CLIENT AUTHORIZATION
LETTER\...\...\...\...\...\...\...\...\...\...\...\...\...\....

**PART I - THE SCHEDULE**

**SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS**

**B.1 NOTICE Listing Contract Clauses Incorporated by Reference**

NOTICE:

The following solicitation provisions and/or contract clauses pertinent
to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.212-4 OCT 2008 CONTRACT TERMS AND CONDITIONS\--COMMERCIAL

ITEMS (OCT 2008)

**B.2 FIXED PRICES FOR\--INDEFINITE DELIVERY/INDEFINITE QUANTITY
CONTRACT (EP 52.216-135) (APR 1984)**

The following fixed rates shall apply for payment purposes for the
duration of the contract.

BASE Period

Estimated Fixed

Direct Hourly

Item Labor Classification Labor Hours Rate Total

\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--
\-\-\-\-\-\-\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\--
\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

0001

\-\-\-- Project Manager 2000 \$.00 \$.00

\-\-\-- Senior Computer Programmer 6000 \$.00 \$.00

\-\-\-- Programmer 4000 \$.00 \$.00

Option Period I

Estimated Fixed

Direct Hourly

Item Labor Classification Labor Hours Rate Total

\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--
\-\-\-\-\-\-\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\--
\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

1001

\-\-\-- Project Manager 2000 \$.00 \$.00

\-\-\-- Senior Computer Programmer 6000 \$.00 \$.00

\-\-\-- Programmer 4000 \$.00 \$.00

Option Period II

Estimated Fixed

Direct Hourly

Item Labor Classification Labor Hours Rate Total

\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--
\-\-\-\-\-\-\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\--
\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

2001

\-\-\-- Project Manager 2000 \$.00 \$.00

\-\-\-- Senior Computer Programmer 6000 \$.00 \$.00

\-\-\-- Programmer 4000 \$.00 \$.00

Option Period III

Estimated Fixed

Direct Hourly

Item Labor Classification Labor Hours Rate Total

\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--
\-\-\-\-\-\-\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\--
\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

3001

\-\-\-- Project Manager 2000 \$.00 \$.00

\-\-\-- Senior Computer Programmer 6000 \$.00 \$.00

\-\-\-- Programmer 3000 \$.00 \$.00

Option Period IV

Estimated Fixed

Direct Hourly

Item Labor Classification Labor Hours Rate Total

\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--
\-\-\-\-\-\-\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\--
\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

4001

\-\-\-- Project Manager 2000 \$.00 \$.00

\-\-\-- Senior Computer Programmer 6000 \$.00 \$.00

\-\-\-- Programmer 2000 \$.00 \$.00

The rate, or rates, set forth above cover all expenses, including report
preparation, salaries, overhead, general and administrative expenses,
and profit.

The Contractor shall voucher for only the time of the personnel whose
services are applied directly to the work called for in individual
Delivery Orders and accepted by the [PROJECT OFFICER]{.underline}. The
Government shall pay the Contractor for the life of a delivery order at
rates in effect when the delivery order was issued, even if performance
under the delivery order crosses into another period. The Contractor
shall maintain time and labor distribution records for all employees who
work under the contract. These records must document time worked and
work performed by each individual on all Delivery Orders.

**B.3 MINIMUM AND MAXIMUM AMOUNTS (EP 52.216-140) (APR 1984)**

During the period specified in the \"Ordering\" clause, the Government
shall place orders totaling a minimum of [\$15,000.00\_]{.underline}.
The amount of all orders shall not exceed [TBD]{.underline}.

**B.4 OTHER DIRECT COST (EP 52.231-110) (APR 1984)**

For the categories listed, direct costs in excess of the following are
not allowable as a charge to this contract without the prior written
approval of the Contracting Officer:

Period Item Amount

> \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

BASE Period ODC, Miscellaneous \$1,500

Option I Period ODC, Miscellaneous \$1,500

Option II Period ODC, Miscellaneous \$1,500

Option III Period ODC, Miscellaneous \$1,500

Option IV Period ODC, Miscellaneous \$1,500

For the Other Direct Cost (ODC) line items listed in the schedule above,
costs in excess of the amounts specified are not allowable as a direct
charge to this contract without the prior written consent of the
Contracting Officer. Other Direct Costs may include local and long
distance travel, materials other than office consumables required for
doing business.

No fee(s) shall be applied to ODCs. Allowable ODCs will be set forth in
delivery orders.

**SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT**

Statement of Work Computer Resources Support Services for the Compliance
and Innovative Strategies (CISD)

**C.1 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON ENVIRONMENTAL
PROTECTION AGENCY (EPA) CONTRACTS (EP 52.000-000) (NOV 1994)**

The Contractor shall not perform any of the following activities on
behalf of EPA in connection with this contract:

1\. The actual preparation of Congressional testimony.

2\. The interviewing or hiring of individuals for employment at EPA.

3\. Developing and/or writing of Position Descriptions and Performance
Standards.

4\. The actual determination of Agency policy.

5\. Participating as a voting member on a Performance Evaluation Board;
participating in and/or attending Award Fee meetings.

6\. Preparing Award Fee Letters, even under typing services contracts.

7\. The actual preparation of Award Fee Plans.

8\. The preparation of documents on EPA Letterhead other than routine
administrative correspondence.

9\. Reviewing vouchers and invoices for the purposes of determining
whether costs, hours, and work performed are reasonable.

10\. The preparation of Statements of Work, Work Assignments, Technical
Direction Documents, Delivery Orders, or any other work issuance
document under a contract that the contractor is performing or may
perform. Such a work issuance document, prepared by an EPA prime
contractor under an EPA prime contract for its subcontractor, is exempt
from this prohibition.

11\. The actual preparation of responses to audit reports from the
Inspector General, General Accounting Office, or other auditing
entities.

12\. Preparing responses to Congressional correspondence.

13\. The actual preparation of responses to Freedom of Information Act
requests, other than routine, non-judgmental correspondence.

14\. Any contract which authorizes a contractor to represent itself as
EPA to outside parties.

15\. Conducting administrative hearings.

16\. Reviewing findings concerning the eligibility of EPA employees for
security clearances.

17\. The actual preparation of an office\'s official budget request.

**C.2 INCORPORATION OF CONTRACTOR\'S TECHNICAL PROPOSAL (EP 52.210-120)
(APR 1984)**

The Contractor\'s technical proposal entitled, \"\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\" dated \_\_\_\_\_\_\_\_\_\_, is incorporated by
reference and made a part of this contract. In the event of any
inconsistency between the provisions of this contract and the
Contractor\'s technical proposal, the contract provisions take
precedence.

**C.3 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES MANAGEMENT
(EPAAR 1552.211-79) (OCT 2000)**

\(a\) [Definition]{.underline}. Information Resources Management (IRM)
is defined as any planning, budgeting, organizing, directing, training,
promoting, controlling, and managing activities associated with the
burden, collection, creation, use and dissemination of information. IRM
includes both information itself, and the management of information and
related resources such as personnel, equipment, funds, and technology.
Examples of these services include but are not limited to the following:

\(1\) The acquisition, creation, or modification of a computer program
or automated data base for delivery to EPA or use by EPA or contractors
operating EPA programs.

\(2\) The analysis of requirements for, study of the feasibility of,
evaluation of alternatives for, or design and development of a computer
program or automated data base for use by EPA or contractors operating
EPA programs.

\(3\) Services that provide EPA personnel access to or use of computer
or word processing equipment, software, or related services.

\(4\) Services that provide EPA personnel access to or use of: Data
communications; electronic messaging services or capabilities;
electronic bulletin boards, or other forms of electronic information
dissemination; electronic record-keeping; or any other automated
information services.

\(b\) *General*. The Contractor shall perform any IRM related work under
this contract in accordance with the IRM policies, standards and
procedures set forth in this clause and noted below. Upon receipt of a
work request (i.e. delivery order or work assignment), the Contractor
shall check this listing of directives (see paragraph (d) for electronic
access). The applicable directives for performance of the work request
are those in effect on the date of issuance of the work request.

\(1\) IRM Policies, Standards and Procedures. The 2100 Series
(2100-2199) of the Agency\'s Directive System contains the majority of
the Agency\'s IRM policies, standards and procedures.

\(2\) Groundwater Program IRM Requirement. A contractor performing any
work related to collecting Groundwater data; or developing or enhancing
data bases containing Groundwater quality data shall comply with *[EPA
Order 7500.1A - Minimum Set of Data Elements for
Groundwater]{.underline}.*

\(3\) EPA Computing and Telecommunications Services. *[The Enterprise
Technology Services Division (ETSD) Operational Directives
Manual]{.underline}* contains procedural information about the operation
of the Agency\'s computing and telecommunications services. Contractors
performing work for the Agency\'s National Computer Center or those who
are developing systems which will be

operating on the Agency\'s national platforms must comply with
procedures established in the Manual. (This document may be found at:
http://basin.rtpnc.epa.gov/etsd/directives.nsf.)

\(c\) *[Printed Documents]{.underline}*. Documents listed in (b)(1) and
(b)(2) may be obtained from:

U.S. Environmental Protection Agency

> Office of Administration

Facilities Management and Services Division

Distribution Section

Mail Code: 3204M

Ariel Rios Building

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

Phone: (202) 564-9629

\(d\) *[Electronic Access]{.underline}*. Electronic access. A complete
listing, including full text, of documents included in the 2100 Series
of the Agency\'s Directive System is maintained on the EPA Public Access
Server on the Internet at http://epa.gov/docs/irmpoli8/.

**C.4 ACQUISITION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND
SERVICES (EP-S 97-1) (MAY 1999)**

\(a\) Executive Order 13101 of September 14, 1998, entitled "Greening
the Government through Waste Prevention, Recycling, and Federal
Acquisition" and Section 6002 of the Resource Conservation and Recovery
Act (RCRA) of 1976, as amended (42 U.S.C. 6962, Pub L. 94-580, 90 Stat.
2822) require Federal agencies to procure designated items with the
highest recovered materials content practicable.

\(b\) In the performance of this contract, the Contractor shall comply
with the requirements of the following issuances:

\(1\) Title 40 of the Code of Federal Regulations, Part 247,
Comprehensive Guideline for Procurement of Products Containing Recovered
Materials (CPG), which designates items that are or can be made with
recovered materials, and its companion pieces, the Recovered Materials
Advisory Notices (RMANs). The CPG and RMANs provide recommended
procurement practices, including recommended recovered material content
levels, for purchasing products designated in the CPG. The Contractor
shall comply with these recommendations, and such other CPG revisions
and RMANs as the Environmental Protection Agency (EPA) may issue with
respect to the procurement of products that contain recovered materials.
(Copies of the CPG or RMANs, as well as information on manufacturers and
vendors of designated items may be obtained by calling EPA's RCRA
Hotline at (800) 424-9346, or, in the Washington, D.C., metropolitan
area, at (703) 412-9810.)

\(2\) In complying with the requirements of paragraph (b), the
Contractor shall coordinate its concerns and program guidance with EPA's
Recycling Coordinator.

\(c\) The Contractor shall prepare and submit reports on the purchase of
products containing recovered materials from time to time in accordance
with written direction (e.g., in specified format) from the EPA
Recycling Coordinator through the Contracting Officer. Reports shall be
submitted to the EPA Recycling Coordinator, with a copy to the
Contracting Officer, Mail Code 3204, Washington, D.C. 20460.

**SECTION D - PACKAGING AND MARKING**

**\[For this Solicitation, there are NO clauses in this Section\]**

**SECTION E - INSPECTION AND ACCEPTANCE**

**E.1 NOTICE Listing Contract Clauses Incorporated by Reference**

NOTICE:

The following solicitation provisions and/or contract clauses pertinent
to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.246-2 AUG 1996 INSPECTION OF SUPPLIES\--FIXED-PRICE

52.246-4 AUG 1996 INSPECTION OF SERVICES\--FIXED-PRICE

52.246-6 MAY 2001 INSPECTION\--TIME-AND-MATERIAL AND LABOR-HOUR

**SECTION F - DELIVERIES OR PERFORMANCE**

**F.1 NOTICE Listing Contract Clauses Incorporated by Reference**

NOTICE:

The following solicitation provisions and/or contract clauses pertinent
to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.242-15 AUG 1989 STOP WORK ORDER

**F.2 MONTHLY PROGRESS REPORT (EPAAR 1552.211-72) (JUN 1996)**

\(a\) The Contractor shall furnish \_[2]{.underline}\_\_ copies of the
combined monthly technical and financial progress report stating the
progress made, including the percentage of the project completed, and a
description of the work accomplished to support the cost. If the work is
ordered using work assignments or delivery orders, include the estimated
percentage of task completed during the reporting period for each work
assignment or delivery order.

\(b\) Specific discussions shall include difficulties encountered and
remedial action taken during the reporting period, and anticipated
activity with a schedule of deliverables for the subsequent reporting
period.

\(c\) The Contractor shall provide a list of outstanding actions
awaiting Contracting Officer authorization, noted with the corresponding
work assignment, such as subcontractor/consultant consents, overtime
approvals, and work plan approvals.

\(d\) The report shall specify financial status at the contract level as
follows:

\(1\) For the current reporting period, display the amount claimed.

\(2\) For the cumulative period and the cumulative contract life
display: the amount obligated, amount originally invoiced, amount paid,
amount suspended, amount disallowed, and remaining approved amount. The
remaining approved amount is defined as the total obligated amount, less
the total amount originally invoiced, plus total amount disallowed.

\(3\) Labor hours.

\(i\) A list of employees, their labor categories, and the numbers of
hours worked for the reporting period.

\(ii\) For the current reporting period, display the expended direct
labor hours and costs broken out by EPA contract labor hour category for
the prime contractor and each subcontractor and consultant.

\(iii\) For the cumulative contract period and the cumulative contract
life display: the negotiated, expended and remaining direct labor hours
and costs broken out by EPA contract labor hour category for the prime
contractor, and each subcontractor and consultant.

\(iv\) Display the estimated direct labor hours and costs to be expended
during the next reporting period.

\(4\) Display the current dollar ceilings in the contract, net amount
invoiced, and remaining amounts for the following categories: Direct
labor hours, total estimated cost, award fee pool (if applicable),
subcontracts by individual subcontractor, travel, program management,
and Other Direct Costs (ODCs).

\(5\) Unbilled allowable costs. Display the total costs incurred but
unbilled for the current reporting period and cumulative for the
contract.

\(6\) Average cost of direct labor. Compare the actual average cost per
hour to date with the average cost per hour of the approved work plans
for the current contract period.

\(e\) The report shall specify financial status at the work assignment
or delivery order level as follows:

\(1\) For the current period, display the amount claimed.

\(2\) For the cumulative period display: amount shown on workplan, or
latest work assignment/delivery order amendment amount (whichever is
later); amount currently claimed; amount paid; amount suspended; amount
disallowed; and remaining approved amount. The remaining approved amount
is defined as: the workplan amount or latest work assignment or delivery
order amount (whichever is later), less total amounts originally
invoiced, plus total amount disallowed.

\(3\) Labor hours.

\(i\) A list of employees, their labor categories, and the number of
hours worked for the reporting period.

\(ii\) For the current reporting period, display the expended direct
labor hours and costs broken out by EPA contract labor hour category for
the prime contractor and each subcontractor and consultant.

\(iii\) For the current reporting period, cumulative contract period,
and the cumulative contract life display: the negotiated, expended and
remaining direct labor hours and costs broken out by EPA contract labor
hour category for the prime contractor and each subcontractor and
consultant.

\(iv\) Display the estimated direct labor hours and costs to be expended
during the next reporting period.

\(v\) Display the estimates of remaining direct labor hours and costs
required to complete the work assignment or delivery order.

\(4\) Unbilled allowable costs. Display the total costs incurred but
unbilled for the current reporting period and cumulative for the work
assignment.

\(5\) Average cost of direct labor. Display the actual average cost per
hour with the cost per hour estimated in the workplan.

\(6\) A list of deliverables for each work assignment or delivery order
during the reporting period.

\(f\) This submission does not change the notification requirements of
the \"Limitation of Cost\" or \"Limitation of Funds\" clauses requiring
separate written notice to the Contracting Officer.

\(g\) The reports shall be submitted to the following addresses on or
before the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of each month following the
first complete reporting period of the contract. See EPAAR 1552.232-70,
Submission of Invoices, paragraph (e), for details on the timing of
submittals. Distribute reports as follows:

[No. of Copies]{.underline}: [Addresses]{.underline}:

[\_ 1\_\_\_\_\_\_\_]{.underline} Project Officer

[\_\_1\_\_\_\_\_\_\_]{.underline} Administrative Contracting Officer

**F.3 PERIOD OF PERFORMANCE (EP 52.212-140) (APR 1984)**

The period of performance of this contract shall be from [date of
award]{.underline} for a period [twelve (12) months]{.underline}
exclusive of all required reports.

**SECTION G - CONTRACT ADMINISTRATION DATA**

**G.1 CONTRACT ADMINISTRATION REPRESENTATIVES (EP 52.242-100) (AUG
1984)**

Project Officer(s) for this contract:

Project Officer:

**TO BE IDENTIFIED AT TIME OF CONTRACT AWARD**

Contract Specialist(s) responsible for administering this contract:

Administrative Contracting Officer:

**TO BE IDENTIFIED AT TIME OF CONTRACT AWARD**

**G.2 ORDERING-BY DESIGNATED ORDERING OFFICERS (EPAAR 1552.216-72) (APR
1984)**

\(a\) The Government will order any supplies and services to be
furnished under this contract by issuing delivery orders on Optional
Form 347, or any agency prescribed form, from date of contract award
through expiration of contract. In addition to the Contracting Officer,
the following individuals are authorized ordering officers.

[NONE]{.underline}

\(b\) A Standard Form 30 will be the method of amending delivery orders.

**G.3 SUBMISSION OF INVOICES (EPAAR 1552.232.70) (JUN 1996)**

In order to be considered properly submitted, an invoice or request for
contract financing payment must meet the following contract requirements
in addition to the requirements of FAR 32.905:

\(a\) Unless otherwise specified in the contract, an invoice or request
for contract financing payment shall be submitted as an original and
five copies. The Contractor shall submit the invoice or request for
contract financing payment to the following offices/individuals
designated in the contract: the original and two copies to the
Accounting Operations Office shown in Block \_\_\_\_ on the cover of the
contract; two copies to the Project Officer (the Project Officer may
direct one of these copies to a separate address); and one copy to the
Contracting Officer.

\(b\) The Contractor shall prepare its invoice or request for contract
financing payment on the prescribed Government forms. Standard Forms
Number 1034, Public Voucher for Purchases and Services other than
Personal, shall be used by contractors to show the amount claimed for
reimbursement. Standard Form 1035, Public Voucher for Purchases and
Services other than Personal - Continuation Sheet, shall be used to
furnish the necessary supporting detail or additional information
required by the Contracting Officer. The Contractor may submit
self-designed forms which contain the required information.

(c)(1) The Contractor shall prepare a contract level invoice or request
for contract financing payment in accordance with the invoice
preparation instructions identified as a separate attachment in Section
J of the contract. If contract work is authorized by individual work
assignments, the invoice or request for contract financing payment shall
also include a summary of the current and cumulative amounts claimed by
cost element for each work assignment and for the contract total, as
well as any supporting data for each work assignment as identified in
the instructions.

\(2\) The invoice or request for contract financing payment shall
include current and cumulative charges by major cost element such as
direct labor, overhead, travel, equipment, and other direct costs. For
current costs, each major cost element shall include the appropriate
supporting schedule identified in the invoice preparation instructions.
Cumulative charges represent the net sum of current charges by cost
element for the contract period.

\(3\) The charges for subcontracts shall be further detailed in a
supporting schedule showing the major cost elements for each
subcontract. The degree of detail for any subcontract exceeding \$5,000
is to be the same as that set forth under (c)(2).

\(4\) The charges for consultants shall be further detailed in the
supporting schedule showing the major cost elements of each consultant.
For current costs, each major cost element of the consulting agreement
shall also include the supporting schedule identified in the invoice
preparation instructions.

\(d\) Invoices or requests for contract financing payment must clearly
indicate the period of performance for which payment is requested.
Separate invoices or requests for contract financing payment are
required for charges applicable to the basic contract and each option
period.

(e)(1) Notwithstanding the provisions of the clause of this contract at
FAR 52.216-7, Allowable Cost and Payment, invoices or requests for
contract financing payment shall be submitted once per month unless
there has been a demonstrated need and Contracting Officer approval for
more frequent billings. When submitted on a monthly basis, the period
covered by invoices or requests for contractor financing payments shall
be the same as the period for monthly progress reports required under
this contract.

\(2\) If the Contracting Officer allows submissions more frequently than
monthly, one submittal each month shall have the same ending period of
performance as the monthly progress report.

\(3\) Where cumulative amounts on the monthly progress report differ
from the aggregate amounts claimed in the invoice(s) or request(s) for
contract financing payments covering the same period, the contractor
shall provide a reconciliation of the difference as part of the payment
request.

**G.4 SUBCONTRACT CONSENT (EP 52.244-100) (APR 1984)**

The contractor shall submit the information required by the
"Subcontracts" clause to the Contracting Officer and assigned Project
Officer. The Contracting Officer will provide written notice to the
Contractor of the decision.

Consent is given to issue the following subcontracts:

\_\_\_**[TBD]{.underline}**\_\_\_\_\_\_\_

**SECTION H - SPECIAL CONTRACT REQUIREMENTS**

**H.1 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER (EPAAR
1552.203-71) (AUG 2000)**

\(a\) For EPA contracts valued at \$1,000,000 or more including all
contract options, the contractor shall prominently display EPA Office of
Inspector General Hotline posters in contractor facilities where the
work is performed under the contract.

\(b\) Office of Inspector General hotline posters may be obtained from
the EPA Office of Inspector General, ATTN: OIG Hotline (2443), 1200
Pennsylvania Avenue, NW, Washington, DC 20460, or by calling
1-888-546-8740.

\(c\) The Contractor need not comply with paragraph (a) of this clause
if it has established a mechanism, such as a hotline, by which employees
may report suspected instances of improper conduct, and provided
instructions that encourage employees to make such reports.

**H.2 PRINTING (EPAAR 1552.208-70) (DEC 2005)**

\(a\) *Definitions.*

"Printing" is the process of composition, plate making, presswork,
binding and microform; or the end items produced by such processes and
equipment. Printing services include newsletter production and
periodicals which are prohibited under EPA contracts.

"Composition" applies to the setting of type by hot-metal casting, photo
typesetting, or electronic character generating devices for the purpose
of producing camera copy, negatives, a plate or image to be used in the
production of printing or microform.

"Camera copy" (or "camera-ready copy") is a final document

suitable for printing/duplication.

"Desktop Publishing" is a method of composition using computers with the
final output or generation of camera copy done by a color inkjet or
color laser printer. This is not considered "printing." However, if the
output from desktop publishing is being sent to a typesetting device
(i.e., Linotronic) with camera copy being produced in either paper or
negative format, these services are considered "printing".

"Microform" is any product produced in a miniaturized image format, for
mass or general distribution and as a substitute for conventionally
printed material. Microform services are classified as printing services
and includes microfiche and microfilm. The contractor may make up to two
sets of microform files for archival purposes at the end of the contract
period of performance.

"Duplication" means the making of copies on photocopy machines employing
electrostatic, thermal, or other processes without using an intermediary
such as a negative or plate.

"Requirement" means an individual photocopying task. (There may be
multiple requirements under a Work Assignment or Delivery Order. Each
requirement would be subject to the photocopying limitation of 5,000
copies of one page or 25,000 copies of multiple pages in the aggregate
per requirement).

"Incidental" means a draft and/or proofed document (not a final
document) that is not prohibited from printing under EPA contracts.

\(b\) *Prohibition.*

\(1\) The contractor shall not engage in, nor subcontract for, any
printing in connection with the performance of work under this contract.
Duplication of more than 5,000 copies of one page or more than 25,000
copies of multiple pages in the aggregate per requirement constitutes
printing. The intent of the limitation is eliminate duplication of final
documents.

\(2\) In compliance with EPA Order 2200.4a, EPA Publication Review
Procedure, the Office of Communications, Education, and Media Relations
is responsible for the review of materials generated under a contract
published or issued by the Agency under a contract intended for release
to the public.

\(c\) *Affirmative Requirements.*

\(1\) Unless otherwise directed by the contracting officer, the
contractor shall use double-sided copying to produce any progress
report, draft report or final report.

\(2\) Unless otherwise directed by the contracting officer, the
contractor shall use recycled paper for reports delivered to the Agency
which meet the minimum content standards for paper and paper products as
set forth in EPA\'s Web site for the Comprehensive Procurement
Guidelines at: http://www.epa.gov/cpg/.

\(d\) *Permitted Contractor Activities.*

\(1\) The prohibitions contained in paragraph (b) do not preclude
writing, editing, or preparing manuscript copy, or preparing related
illustrative material to a final document (camera-ready copy) using
desktop publishing.

\(2\) The contractor may perform a requirement involving the duplication
of less than 5,000 copies of only one page, or less than 25,000 copies
of multiple pages in the aggregate, using one color (black), such pages
shall not exceed the maximum image size of 10 3/4 by 14 1/4 inches, or
11 by 17 paper stock. Duplication services below these thresholds are
not considered printing. If performance of the contract will require
duplication in excess of these thresholds, contractors must immediately
notify the contracting

officer in writing. The contracting officer must obtain a waiver from
the

U. S. Congress Joint Committee on Printing if it is deemed appropriate
to exceed the duplication thresholds. Duplication services of
"incidentals" in excess of the thresholds, are allowable.

\(3\) The contractor may perform a requirement involving the multi-color
duplication of no more than 100 pages in the aggregate using color
copier technology, such pages shall not exceed the maximum image size of
10 3/4 by

14 1/4 inches, or 11 by 17 paper stock. Duplication services below these
thresholds are not considered printing. If performance of the contract
will require duplication in excess of these limits, contractors must
immediately notify the contracting officer in writing. The contracting
officer must obtain a waiver from the U. S. Congress Joint Committee on
Printing.

\(4\) The contractor may perform the duplication of no more than a total
of 100 diskettes or CD-ROM\'s. Duplication services below these
thresholds are not considered printing. If performance of the contract
will require duplication in excess of these thresholds, contractors must
immediately notify the contracting officer in writing. The contracting
officer must obtain a waiver from the U. S. Congress Joint Committee on
Printing.

\(e\) *Violations*.

The contractor may not engage in, nor subcontract for, any printing in
connection with the performance of work under the contract. The cost of
any printing services in violation of this clause will be disallowed, or
not accepted by the Government.

\(f\) *Flowdown Provision*.

The contractor shall include in each subcontract which may involve a
requirement for any printing/duplicating/copying a provision
substantially the same as this clause.

**H.3 ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71) (MAY
1994)**

\(a\) The Contractor warrants that, to the best of the Contractor\'s
knowledge and belief, there are no relevant facts or circumstances which
could give rise to an organizational conflict of interest, as defined in
FAR Subpart 9.5, or that the Contractor has disclosed all such relevant
information.

\(b\) Prior to commencement of any work, the Contractor agrees to notify
the Contracting Officer immediately that, to the best of its knowledge
and belief, no actual or potential conflict of interest exists or to
identify to the Contracting Officer any actual or potential conflict of
interest the firm may have. In emergency situations, however, work may
begin but notification shall be made within five (5) working days.

\(c\) The Contractor agrees that if an actual or potential
organizational conflict of interest is identified during performance,
the Contractor will immediately make a full disclosure in writing to the
Contracting Officer. This disclosure shall include a description of
actions which the Contractor has taken or proposes to take, after
consultation with the Contracting Officer, to avoid, mitigate, or
neutralize the actual or potential conflict of interest. The Contractor
shall continue performance until notified by the Contracting Officer of
any contrary action to be taken.

\(d\) Remedies - The EPA may terminate this contract for convenience, in
whole or in part, if it deems such termination necessary to avoid an
organizational conflict of interest. If the Contractor was aware of a
potential organizational conflict of interest prior to award or
discovered an actual or potential conflict after award and did not
disclose it or misrepresented relevant information to the Contracting
Officer, the Government may terminate the contract for default, debar
the Contractor from Government contracting, or pursue such other
remedies as may be permitted by law or this contract.

\(e\) The Contractor agrees to insert in each subcontract or consultant
agreement placed hereunder, except for subcontracts or consultant
agreements for well drilling, fence erecting, plumbing, utility hookups,
security guard services, or electrical services, provisions which shall
conform substantially to the language of this clause, including this
paragraph (e), unless otherwise authorized by the Contracting Officer.

**H.4 ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71) (MAY
1994) ALTERNATE I (MAY 1994)**

\(a\) The Contractor warrants that, to the best of the Contractor\'s
knowledge and belief, there are no relevant facts or circumstances which
could give rise to an organizational conflict of interest, as defined in
FAR Subpart 9.5, or that the Contractor has disclosed all such relevant
information.

\(b\) Prior to commencement of any work, the Contractor agrees to notify
the Contracting Officer immediately that, to the best of its knowledge
and belief, no actual or potential conflict of interest exists or to
identify to the Contracting Officer any actual or potential conflict of
interest the firm may have. In emergency situations, however, work may
begin but notification shall be made within five (5) working days.

\(c\) The Contractor agrees that if an actual or potential
organizational conflict of interest is identified during performance,
the Contractor will immediately make a full disclosure in writing to the
Contracting Officer. This disclosure shall include a description of
actions which the Contractor has taken or proposes to take, after
consultation with the Contracting Officer, to avoid, mitigate, or
neutralize the actual or potential conflict of interest. The Contractor
shall continue performance until notified by the Contracting Officer of
any contrary action to be taken.

\(d\) Remedies - The EPA may terminate this contract for convenience, in
whole or in part, if it deems such termination necessary to avoid an
organizational conflict of interest. If the Contractor was aware of a
potential organizational conflict of interest prior to award or
discovered an actual or potential conflict after award and did not
disclose it or misrepresented relevant information to the Contracting
Officer, the Government may terminate the contract for default, debar
the Contractor from Government contracting, or pursue such other
remedies as may be permitted by law or this contract.

\(e\) The Contractor agrees to insert in each subcontract or consultant
agreement placed hereunder provisions which shall conform substantially
to the language of this clause, including this paragraph, unless
otherwise authorized by the Contracting Officer.

**H.5 NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL (EPAAR
1552.209-73) (MAY 1994)**

\(a\) In addition to the requirements of the contract clause entitled
\"Organizational Conflicts of Interest,\" the following provisions with
regard to employee personnel performing under this contract shall apply
until the earlier of the following two dates: the termination date of
the affected employee(s) or the expiration date of the contract.

\(b\) The Contractor agrees to notify immediately the EPA Project
Officer and the Contracting Officer of (1) any actual or potential
personal conflict of interest with regard to any of its employees
working on or having access to information regarding this contract, or
(2) any such conflicts concerning subcontractor employees or consultants
working on or having access to information regarding this contract, when
such conflicts have been reported to the Contractor. A personal conflict
of interest is defined as a relationship of an employee, subcontractor
employee, or consultant with an entity that may impair the objectivity
of the employee, subcontractor employee, or consultant in performing the
contract work.

\(c\) The Contractor agrees to notify each Project Officer and
Contracting Officer prior to incurring costs for that employee\'s work
when an employee may have a personal conflict of interest. In the event
that the personal conflict of interest does not become known until after
performance on the contract begins, the Contractor shall immediately
notify the Contracting Officer of the personal conflict of interest. The
Contractor shall continue performance of this contract until notified by
the Contracting Officer of the appropriate action to be taken.

\(d\) The Contractor agrees to insert in any subcontract or consultant
agreement placed hereunder, except for subcontracts or consultant
agreements for well drilling, fence erecting, plumbing, utility hookups,
security guard services, or electrical services, provisions which shall
conform substantially to the language of this clause, including this
paragraph (d), unless otherwise authorized by the Contracting Officer.

**H.6 LIMITATION OF FUTURE CONTRACTING (HEADQUARTERS SUPPORT)(EPAAR
1552.209-74) (OCT 2005) ALTERNATE V (APR 2004)**

\(a\) The parties to this contract agree that the Contractor will be
restricted in its future contracting in the manner described below.
Except as specifically provided in this clause, the Contractor shall be
free to compete for contracts on an equal basis with other companies.

\(b\) If the Contractor, under the terms of this contract, or through
the performance of work pursuant to this contract, is required to
develop specifications or statements of work and such specifications or
statements of work are incorporated into an EPA solicitation, the
Contractor shall be ineligible to perform the work described in that
solicitation as a prime Contractor or subcontractor under an ensuing EPA
contract.

\(c\) The Contractor, during the life of this contract, will be
ineligible to enter into a contract with EPA to perform response action
work (e.g., Response Action Contract (RAC), Emergency and Rapid Response
Services (ERRS), Superfund Technical Assistance and Removal Team
(START), and Enforcement Support Services (ESS) contracts), unless
otherwise authorized by the Contracting Officer.

\(d\) The Contractor agrees in advance that if any bids/proposals are
submitted for any work that would require written approval of the
Contracting Officer prior to entering into a contract subject to the
restrictions of this clause, then the bids/proposals are submitted at
the Contractor\'s own risk. Therefore, no claim shall be made against
the Government to recover bid/proposal costs as a direct cost whether
the request for authorization to enter into the contract is denied or
approved.

\(e\) To the extent that the work under this contract requires access to
proprietary or confidential business or financial data of other
companies, and as long as such data remains proprietary or confidential,
the Contractor shall protect such data from unauthorized use and
disclosure.

\(f\) The Contractor agrees to insert in each subcontract or consultant
agreement placed hereunder, except for subcontracts or consultant
agreements for nondiscretionary technical or engineering services,
including treatability studies, well drilling, fence erecting, plumbing,
utility hookups, security guard services, or electrical services,
provisions which shall conform substantially to the language of this
clause, including this paragraph (f) unless otherwise authorized by the
Contracting Officer. The Contractor may request in writing that the
Contracting Officer exempt from this clause a particular subcontract or
consultant agreement for nondiscretionary technical or engineering
services not specifically listed above, including laboratory analysis.
The Contracting Officer will review and evaluate each request on a
case-by-case basis before approving or disapproving the request.

\(g\) If the Contractor seeks an expedited decision regarding its
initial future contracting request, the Contractor may submit its
request to both the Contracting Officer and the next administrative
level within the Contracting Officer\'s organization.

\(h\) A review process available to the Contractor when an adverse
determination is received shall consist of a request for reconsideration
to the Contracting Officer or a request for review submitted to the next
administrative level within the Contracting Officer\'s organization. An
adverse determination resulting from a request for reconsideration by
the Contracting Officer will not preclude the Contractor from requesting
a review by the next administrative level. Either a request for review
or a request for reconsideration must be submitted to the appropriate
level within 30 calendar days after receipt of the initial adverse
determination.

**H.7 CONTRACTOR PERFORMANCE EVALUATIONS (EPAAR 1552.209-76) (OCT
2002)**

The contracting officer shall complete a Contractor Performance Report
(Report) within ninety (90) business days after the end of each 12
months of contract performance (interim Report) or after the last 12
months (or less) of contract performance (final Report) in accordance
with EPAAR 1509.170-5. The contractor shall be evaluated based on the
following ratings:

0 = Unsatisfactory,

1 = Poor,

2 = Fair,

3 = Good,

4 = Excellent,

5 = Outstanding,

N/A = Not Applicable.

The contractor may be evaluated based on the following performance
categories:

Quality,

Cost Control,

Timeliness of Performance,

Business Relations,

Compliance with Labor Standards,

Compliance with Safety Standards, and

Meeting Small Disadvantaged Business Subcontracting Requirements.

\(a\) The contracting officer shall initiate the process for completing
interim Reports within five (5) business days after the end of each 12
months of contract performance by requesting the project officer to
evaluate contractor performance for the interim Report. In addition, the
contracting officer shall initiate the process for completing final
Reports within five (5) business days after the last 12 months (or less)
of contract performance by requesting the project officer to evaluate
contractor performance for the final Report. The final Report shall
cover the last 12 months (or less) of contract performance. Within
thirty (30) business days after the project officer receives a request
from the contracting officer to complete an evaluation, the project
officer shall:

\(1\) Complete a description of the contract requirements;

\(2\) Evaluate contractor performance and assign a rating for quality,
cost control, timeliness of performance, compliance with labor
standards, and compliance with safety standards performance categories
(including a narrative for each rating);

\(3\) Provide any information regarding subcontracts, key personnel, and
customer satisfaction;

\(4\) Assign a recommended rating for the business relations performance
category (including a narrative for the rating); and

\(5\) Provide additional information appropriate for the evaluation or
future evaluations.

\(b\) The contracting officer shall:

\(1\) Ensure the accuracy of the project officer\'s evaluation by
verifying that the information in the contract file corresponds with the
designated project officer\'s ratings;

\(2\) Assign a rating for the business relations and meeting small
disadvantaged business subcontracting requirements performance
categories (including a narrative for each rating).

\(3\) Concur with or revise the project officer\'s ratings after
consultation with the project officer;

\(4\) Provide any additional information concerning the quality, cost
control, timeliness of performance, compliance with labor standards, and
compliance with safety standards performance categories if deemed
appropriate for the evaluation or future evaluations (if any), and
provide any information regarding subcontracts, key personnel, and
customer satisfaction; and

\(5\) Forward the Report to the contractor within ten (10) business days
after the contracting officer receives the project officer\'s
evaluation.

\(c\) The contractor shall be granted thirty (30) business days from the
date of the contractor\'s receipt of the Report to review and provide a
response to the contracting officer regarding the contents of the
Report. The contractor shall:

\(1\) Review the Report;

\(2\) Provide a response (if any) to the contracting officer on company
letter head or electronically;

\(3\) Complete contractor representation information; and

\(4\) Forward the Report to the contracting officer within the
designated thirty (30) business days.

\(d\) The contractor\'s response to the Report may include written
comments, rebuttals (disagreements), or additional information. If the
contractor does not respond to the Report within the designated thirty
(30) business days, the specified ratings in the Report are deemed
appropriate for the evaluation period. In this instance, the contracting
officer shall complete the Agency review and sign the Report within
three (3) business days after expiration of the specified 30 business
days.

\(e\) If the contractor submits comments, rebuttals (disagreements), or
additional information to the contracting officer which contests the
ratings, the contracting officer, in consultation with the project
officer, shall initially try to resolve the disagreement(s) with the
contractor.

\(f\) If the disagreement(s) is (are) not resolved between the
contractor and the contracting officer, the contracting officer shall
provide a written recommendation to one level above the contracting
officer for resolution as promptly as possible, but no later than five
(5) business days after the contracting officer is made aware that the
disagreement(s) has (have) not been resolved with the contractor. The
individual who is one level above the

contracting officer shall:

\(1\) Review the contracting officer\'s written recommendation; and

\(2\) Provide a written determination to the contracting officer for
summary ratings (ultimate conclusion for ratings pertaining to the
performance period being evaluated) within five (5) business days after
the individual one level above the contracting officer receives the
contracting officer\'s written recommendation.

\(g\) If the disagreement is resolved, the contracting officer shall
complete the Agency review and sign the Report within three (3) business
days after consultation.

\(h\) The contracting officer shall complete the Agency review and sign
the Report within three (3) business days after the contracting officer
receives a written determination for summary ratings from one level
above the contracting officer.

\(i\) An interim or final Report is considered completed after the
contracting officer signs the Report. The contracting officer must
provide a copy of completed Reports (interim and final) to the
contractor within two (2) business days after completion.

**H.8 OPTION TO EXTEND THE TERM OF THE CONTRACT\-- FIXED PRICE (EPAAR
1552.217-77) (OCT 2000)**

The Government has the option to extend the term of this contract for
[FOUR (4)]{.underline} additional period(s). If more than
\_\_[\_30]{.underline}\_\_\_ days remain in the contract period of
performance, the Government, without prior written notification, may
exercise this option by issuing a contract modification. To exercise
this option within the last \_\_[30]{.underline}\_\_\_\_ days of the
period of performance, the Government must provide to the Contractor
written notification prior to that last [\_30\_]{.underline}\_-day
period. This preliminary notification does not commit the Government to
exercising the option. Use of an option will result in the following
contract modifications:

\(a\) The "Period of Performance" clause will be amended as follows to
cover the Base and Option Periods:

[Period]{.underline} [Start date]{.underline} [End date]{.underline}

[OPI]{.underline} TBD TBD

[OPII]{.underline} TBD TBD

[OPIII]{.underline} TBD TBD

[OPTIV]{.underline} TBD TBD

\(b\) During the option period(s) the Contractor shall provide the
services described below:

[Period]{.underline} [Attachment]{.underline}

[OPI]{.underline} SOW

[OPII]{.underline} SOW

[OPIII]{.underline} SOW

[OPIV]{.underline} SOW

\(c\) The "Consideration and Payment" clause will be amended to reflect
increased fixed prices for each option period as follows:

[Fixed price]{.underline} [Option period]{.underline}

**H.9 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT (EPAAR 1552.227-76)
(MAY 1994) ALTERNATE I (JUN 1994) DEVIATION**

\(a\) The Contractor recognizes that Contractor employees in performing
this contract may have access to data, either provided by the Government
or first generated during contract performance, of a sensitive nature
which should not be released to the public without Environmental
Protection Agency (EPA) approval. Therefore, the Contractor agrees to
obtain confidentiality agreements from all of its employees working on
requirements under this contract.

\(b\) Such agreements shall contain provisions which stipulate that each
employee agrees that the employee will not disclose, either in whole or
in part, to any entity external to EPA, the Department of Justice, or
the Contractor, any information or data (as defined in FAR Section
27.401) provided by the Government or first generated by the Contractor
under this contract, any site-specific cost information, or any
enforcement strategy without first obtaining the written permission of
the EPA Contracting Officer. If a contractor, through an employee or
otherwise, is subpoenaed to testify or produce documents, which could
result in such disclosure, the Contractor must provide immediate advance
notification to the EPA so that the EPA can authorize such disclosure or
have the opportunity to take action to prevent such disclosure. Such
agreements shall be effective for the life of the contract and for a
period of five (5) years after completion of the contract.

\(c\) The EPA may terminate this contract for convenience, in whole or
in part, if it deems such termination necessary to prevent the
unauthorized disclosure of information to outside entities. If such a
disclosure occurs without the written permission of the EPA Contracting
Officer, the Government may terminate the contract, for default or
convenience, or pursue other remedies as may be permitted by law or this
contract.

\(d\) The Contractor agrees to insert in any subcontract or consultant
agreement placed hereunder provisions which shall conform substantially
to the language of this clause, including this paragraph (d), unless
otherwise authorized by the Contracting Officer.

**H.10 SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY
(EPAAR 1552.235-70) (APR 1984)**

\(a\) Whenever collecting information under this contract, the
Contractor agrees to comply with the following requirements:

\(1\) If the Contractor collects information from public sources, such
as books, reports, journals, periodicals, public records, or other
sources that are available to the public without restriction, the
Contractor shall submit a list of these sources to the appropriate
program office at the time the information is initially submitted to
EPA. The Contractor shall identify the information according to source.

\(2\) If the Contractor collects information from a State or local
Government or from a Federal agency, the Contractor shall submit a list
of these sources to the appropriate program office at the time the
information is initially submitted to EPA. The Contractor shall identify
the information according to source.

\(3\) If the Contractor collects information directly from a business or
from a source that represents a business or businesses, such as a trade
association:

\(i\) Before asking for the information, the Contractor shall identify
itself, explain that it is performing contractual work for the
Environmental Protection Agency, identify the information that it is
seeking to collect, explain what will be done with the information, and
give the following notice:

\(A\) You may, if you desire, assert a business confidentiality claim
covering part or all of the information. If you do assert a claim, the
information will be disclosed by EPA only to the extent, and by means of
the procedures, set forth in 40 CFR Part 2, Subpart B.

\(B\) If no such claim is made at the time this information is received
by the Contractor, it may be made available to the public by the
Environmental Protection Agency without further notice to you.

\(C\) The Contractor shall, in accordance with FAR Part 9, execute a
written agreement regarding the limitations of the use of this
information and forward a copy of the agreement to the Contracting
Officer.

\(ii\) Upon receiving the information, the Contractor shall make a
written notation that the notice set out above was given to the source,
by whom, in what form, and on what date.

\(iii\) At the time the Contractor initially submits the information to
the appropriate program office, the Contractor shall submit a list of
these sources, identify the information according to source, and
indicate whether the source made any confidentiality claim and the
nature and extent of the claim.

\(b\) The Contractor shall keep all information collected from nonpublic
sources confidential in accordance with the clause in this contract
entitled \"Treatment of Confidential Business Information\" as if it had
been furnished to the Contractor by EPA.

\(c\) The Contractor agrees to obtain the written consent of the
Contracting Officer, after a written determination by the appropriate
program office, prior to entering into any subcontract that will require
the subcontractor to collect information. The Contractor agrees to
include this clause, including this paragraph (c), and the clause
entitled \"Treatment of Confidential Business Information\" in all
subcontracts awarded pursuant to this contract that require the
subcontractor to collect information.

**H.11 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (EPAAR
1552.235-71) (APR 1984)**

\(a\) The Contracting Officer, after a written determination by the
appropriate program office, may disclose confidential business
information (CBI) to the Contractor necessary to carry out the work
required under this contract. The Contractor agrees to use the CBI only
under the following conditions:

\(1\) The Contractor and Contractor\'s employees shall: (i) use the CBI
only for the purposes of carrying out the work required by the contract;
(ii) not disclose the information to anyone other than properly cleared
EPA employees without the prior written approval of the Assistant
General Counsel for Contracts and Information Law; and (iii) return to
the Contracting Officer all copies of the information, and any abstracts
or excerpts therefrom, upon request by the Contracting Officer, whenever
the information is no longer required by the Contractor for the
performance of the work required by the contract, or upon completion of
the contract.

\(2\) The Contractor shall obtain a written agreement to honor the above
limitations from each of the Contractor\'s employees who will have
access to the information before the employee is allowed access.

\(3\) The Contractor agrees that these contract conditions concerning
the use and disclosure of CBI are included for the benefit of, and shall
be enforceable by, both EPA and any affected businesses having a
proprietary interest in the information.

\(4\) The Contractor shall not use any CBI supplied by EPA or obtained
during performance hereunder to compete with any business to which the
CBI relates.

\(b\) The Contractor agrees to obtain the written consent of the CO,
after a written determination by the appropriate program office, prior
to entering into any subcontract that will involve the disclosure of CBI
by the Contractor to the subcontractor. The Contractor agrees to include
this clause, including this paragraph (b), in all subcontracts awarded
pursuant to this contract that require the furnishing of CBI to the
subcontractor.

**H.12 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION (EPAAR
1552.235-79) (APR 1996)**

\(a\) The Environmental Protection Agency (EPA) may find it necessary to
release information submitted by the Contractor either in response to
this solicitation or pursuant to the provisions of this contract, to
individuals not employed by EPA. Business information that is ordinarily
entitled to confidential treatment under existing Agency regulations (40
C.F.R. Part 2) may be included in the information released to these
individuals. Accordingly, by submission of this proposal or signature on
this contract or other contracts, the Contractor hereby consents to a
limited release of its confidential business information (CBI).

\(b\) Possible circumstances where the Agency may release the
Contractor\'s CBI include, but are not limited to the following:

\(1\) To other Agency contractors tasked with assisting the Agency in
the recovery of Federal funds expended pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec.
9607, as amended, (CERCLA or Superfund);

\(2\) To the U.S. Department of Justice (DOJ) and contractors employed
by DOJ for use in advising the Agency and representing the Agency in
procedures for the recovery of Superfund expenditures;

\(3\) To parties liable, or potentially liable, for costs under CERCLA
Sec. 107 (42 U.S.C. Sec. 9607), et al, and their insurers (Potentially
Responsible Parties) for purposes of facilitating settlement or
litigation of claims against such parties;

\(4\) To other Agency contractors who, for purposes of performing the
work required under the respective contracts, require access to
information the Agency obtained under the Clean Air Act (42 U.S.C. 7401
et seq.); the Federal Water Pollution Control Act (33 U.S.C.1251 et
seq.); the Safe Drinking Water Act (42 U.S.C. 300f et seq.); the Federal
Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); the
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the
Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601 et seq.);

\(5\) To other Agency contractors tasked with assisting the Agency in
handling and processing information and documents in the administration
of Agency contracts, such as providing both preaward and post award
audit support and specialized technical support to the Agency\'s
technical evaluation panels;

\(6\) To employees of grantees working at EPA under the Senior
Environmental Employment (SEE) Program;

\(7\) To Speaker of the House, President of the Senate, or Chairman of a
Committee or Subcommittee;

\(8\) To entities such as the General Accounting Office, boards of
contract appeals, and the Courts in the resolution of solicitation or
contract protests and disputes;

\(9\) To Agency contractor employees engaged in information systems
analysis, development, operation, and maintenance, including performing
data processing and management functions for the Agency; and

\(10\) Pursuant to a court order or court-supervised agreement.

\(c\) The Agency recognizes an obligation to protect the contractor from
competitive harm that may result from the release of such information to
a competitor. (See also the clauses in this document entitled
\"Screening Business Information for Claims of Confidentiality\" and
\"Treatment of Confidential Business Information.\") Except where
otherwise provided by law, the Agency will permit the release of CBI
under subparagraphs (1), (3), (4), (5), (6), or (9) only pursuant to a
confidentiality agreement.

\(d\) With respect to contractors, 1552.235-71 will be used as the
confidentiality agreement. With respect to Potentially Responsible
Parties, such confidentiality agreements may permit further disclosure
to other entities where necessary to further settlement or litigation of
claims under CERCLA. Such entities include, but are not limited to
accounting firms and technical experts able to analyze the information,
provided that they also agree to be bound by an appropriate
confidentiality agreement.

\(e\) This clause does not authorize the Agency to release the
Contractor\'s CBI to the public pursuant to a request filed under the
Freedom of Information Act.

\(f\) The Contractor agrees to include this clause, including this
paragraph (f), in all subcontracts at all levels awarded pursuant to
this contract that require the furnishing of confidential business
information by the subcontractor.

**H.13 TECHNICAL DIRECTION (EPAAR 1552.237-71) (APR 1984) DEVIATION**

\(a\) The Project Officer is the primary representative of the
Contracting Officer authorized to provide technical direction on
contract performance.

\(b\) Individuals other than the Project Officer may be authorized to
provide technical direction. If individuals other than the Project
Officer are authorized to provide technical direction, their names will
be specified in the contract, delivery order, work assignment or
technical direction document as appropriate. A Delivery Order Project
Officer, Work Assignment Manager or Task Manager is authorized to
provide technical direction, subject to the limitations set forth below,
only on his/her delivery order, work assignment or technical direction
document.

\(c\) Technical direction includes:

\(1\) Direction to the contractor which assists the contractor in
accomplishing the Statement of Work.

\(2\) Comments on and approval of reports or other deliverables.

\(d\) Technical direction must be within the contract and the delivery
order, work assignment or technical direction document statement of
work. The Project Officer or any other technical representative of the
Contracting Officer does not have the authority to issue technical
direction which (1) institutes additional work outside the scope of the
contract, delivery order, work assignment or technical direction
document; (2) constitutes a change as defined in the \"Changes\" clause;
(3) causes an increase or decrease in the estimated cost of the
contract, delivery order, work assignment or technical direction
document; (4) alters the period of performance; or (5) changes any of
the other express terms or conditions of the contract, delivery order,
work assignment or technical direction document.

\(e\) Technical direction will be issued in writing or confirmed in
writing within five (5) calendar days after verbal issuance. One copy of
the technical direction memorandum will be forwarded to the Contracting
Officer and the Project Officer.

**H.14 KEY PERSONNEL (EPAAR 1552.237-72) (APR 1984)**

\(a\) The Contractor shall assign to this contract the following key
personnel:

[Program
Manager]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(b\) During the first ninety (90) calendar days of performance, the
Contractor shall make no substitutions of key personnel unless the
substitution is necessitated by illness, death, or termination of
employment. The Contractor shall notify the Contracting Officer within
15 calendar days after the occurrence of any of these events and provide
the information required by paragraph (c) of this clause. After the
initial 90-day period, the Contractor shall submit the information
required by paragraph (c) to the Contracting Officer at least 15 days
prior to making any permanent substitutions.

\(c\) The Contractor shall provide a detailed explanation of the
circumstances necessitating the proposed substitutions, complete resumes
for the proposed substitutes, and any additional information requested
by the Contracting Officer. Proposed substitutes should have comparable
qualifications to those of the persons being replaced. The Contracting
Officer will notify the Contractor within 15 calendar days after receipt
of all required information of the decision on substitutions. This
clause will be modified to reflect any approved changes of key
personnel.

**H.15 PAPERWORK REDUCTION ACT (EPAAR 1552.237-75) (APR 1984)**

If it is established at award or subsequently becomes a contractual
requirement to collect identical information from ten (10) or more
public respondents, the Paperwork Reduction Act of 1980, 44 U.S.C. 3501
et seq. applies. In that event, the Contractor shall not take any action
to solicit information from any of the public respondents until notified
in writing by the Contracting Officer that the required Office of
Management and Budget (OMB) final clearance was received.

**H.16 INCREMENTAL FUNDING**

The U.S. Environmental Protection Agency intends to incrementally
funding the task orders associated with this contract.

**PART II - CONTRACT CLAUSES**

**SECTION I - CONTRACT CLAUSES**

**I.1 NOTICE Listing Contract Clauses Incorporated by Reference**

NOTICE:

The following solicitation provisions and/or contract clauses pertinent
to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.202-1 JUL 2004 DEFINITIONS

52.203-3 APR 1984 GRATUITIES

52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES

52.203-6 SEP 2006 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

52.203-7 JUL 1995 ANTI-KICKBACK PROCEDURES

52.203-8 JAN 1997 CANCELLATION, RESCISSION, AND RECOVERY OF

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-12 SEP 2007 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS

52.203-13 DEC 2008 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT

52.204-4 AUG 2000 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

52.204-7 APR 2008 CENTRAL CONTRACTOR REGISTRATION

52.204-9 SEP 2007 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

52.204-10 SEP 2007 REPORTING SUBCONTRACT AWARDS

52.209-6 SEP 2006 PROTECTING THE GOVERNMENT\'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP

2006\)

52.215-2 JUN 1999 AUDIT AND RECORDS\--NEGOTIATION

52.215-17 OCT 1997 WAIVER OF FACILITIES CAPITAL COST OF MONEY

52.216-31 FEB 2007 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL

REQUIREMENTS\--COMMERCIAL ITEM ACQUISITION

(FEB 2007)

52.217-8 NOV 1999 OPTION TO EXTEND SERVICES

52.219-8 MAY 2004 UTILIZATION OF SMALL BUSINESS CONCERNS

52.222-3 JUN 2003 CONVICT LABOR

52.222-26 MAR 2007 EQUAL OPPORTUNITY (MAR 2007)

52.222-35 SEP 2006 EQUAL OPPORTUNITY FOR SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS (SEP 2006)

52.222-36 JUN 1998 AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES

52.222-37 SEP 2006 EMPLOYMENT REPORTS ON SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS (SEP 2006)

52.222-43 NOV 2006 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT ACT - PRICE ADJUSTMENT (MULTIPLE

YEAR AND OPTION CONTRACTS) (NOV 2006)

52.223-3 JAN 1997 HAZARDOUS MATERIAL IDENTIFICATION AND

MATERIAL SAFETY DATA

52.223-6 MAY 2001 DRUG-FREE WORKPLACE

52.223-14 AUG 2003 TOXIC CHEMICAL RELEASE REPORTING

52.225-13 JUN 2008 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

52.226-5 NOV 2007 RESTRICTIONS ON SUBCONTRACTING OUTSIDE

DISASTER OR EMERGENCY AREA

52.227-1 DEC 2007 AUTHORIZATION AND CONSENT

52.227-2 DEC 2007 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

52.227-14 DEC 2007 RIGHTS IN DATA\--GENERAL

52.227-14 DEC 2007 RIGHTS IN DATA\--GENERAL ALTERNATE II (DEC

2007\)

52.227-14 DEC 2007 RIGHTS IN DATA\--GENERAL ALTERNATE III (DEC

2007\)

52.227-16 JUN 1987 ADDITIONAL DATA REQUIREMENTS

52.229-4 APR 2003 FEDERAL, STATE, AND LOCAL TAXES (STATE AND

LOCAL ADJUSTMENTS)

52.232-1 APR 1984 PAYMENTS

52.232-7 FEB 2007 PAYMENTS UNDER TIME-AND-MATERIALS AND

LABOR-HOUR CONTRACTS

52.232-8 FEB 2002 DISCOUNTS FOR PROMPT PAYMENT

52.232-11 APR 1984 EXTRAS

52.232-16 APR 2003 PROGRESS PAYMENTS

52.232-17 JUN 1996 INTEREST

52.232-18 APR 1984 AVAILABILITY OF FUNDS

52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS

52.232-25 OCT 2008 PROMPT PAYMENT

52.232-34 MAY 1999 PAYMENT BY ELECTRONIC FUNDS TRANSFER\--OTHER

THAN CENTRAL CONTRACTOR REGISTRATION

52.233-1 JUL 2002 DISPUTES

52.233-3 AUG 1996 PROTEST AFTER AWARD

52.233-4 OCT 2004 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

52.237-2 APR 1984 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

52.237-3 JAN 1991 CONTINUITY OF SERVICES

52.239-1 AUG 1996 PRIVACY OR SECURITY SAFEGUARDS

52.243-1 AUG 1987 CHANGES\--FIXED-PRICE

52.243-1 AUG 1987 CHANGES\--FIXED-PRICE ALTERNATE III (APR

1984\)

52.243-3 SEP 2000 CHANGES\--TIME-AND-MATERIALS OR LABOR-HOURS

52.244-2 JUN 2007 SUBCONTRACTS (JUNE 2007)

52.246-25 FEB 1997 LIMITATION OF LIABILITY\--SERVICES

52.249-4 APR 1984 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (SERVICES) (SHORT FORM)

52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

**I.2 OFFEROR REPRESENTATIONS AND CERTIFICATIONS \-- COMMERCIAL ITEMS
(FAR 52.212-3) (JUN 2008)**

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

"Restricted business operations" means business operations in Sudan that
include power production activities, mineral extraction activities,
oil-related activities, or the production of military equipment, as
those terms are defined in the Sudan Accountability and Divestment Act
of 2007 (Pub. L. 110-174). Restricted business operations do not include
business operations that the person conducting the business can
demonstrate---

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

> \(2\) Are conducted pursuant to specific authorization from the Office
> of Foreign Assets Control in the Department of the Treasury, or are
> expressly exempted under Federal law from the requirement to be
> conducted under such authorization;

> \(3\) Consist of providing goods or services to marginalized
> populations of Sudan;

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

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

> \(6\) Have been voluntarily suspended.

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

\(1\) Means a small business concern-

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

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

\(2\) Service-disabled veteran means a veteran, as defined in 38 U.S.C.
101(2), with a disability that is 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 the 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.

"Manufactured end product" means any end 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;

\(4\) FSC 89, Food and Related Consumables;

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

\(6\) FSC 9610, 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.

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

\(2\) The offeror has completed the annual representations and
certifications electronically via the ORCA website at
http://orca.bpn.gov. After reviewing the ORCA database information, the
offeror verifies by submission of this offer that the representations
and certifications currently posted electronically at FAR 52.212-3,
Offeror Representations and Certifications---Commercial Items, have been
entered or updated in the last 12 months, are current, accurate,
complete, and applicable to this solicitation (including the business
size standard applicable to the NAICS code referenced for this
solicitation), as of the date of this offer and are incorporated in this
offer by reference (see FAR 4.1201), except for paragraphs
\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[Offeror to identify the applicable paragraphs at (c) through (m) 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.\]

\(c\) 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 Agreement \-- Israeli Trade Act
Certificate.* (Applies only if the clause at FAR 52.225-3, Buy American
Act -- Free Trade Agreement 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 end product," "Israeli end product," and "United
States" are defined in the clause of this solicitation entitled "Buy
American Act\--Free Trade Agreement\--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:

END PRODUCTS OF AUSTRALIA, CANADA, CHILE, MEXICO, OR SINGAPORE 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) or this
provision) as defined in the clause of this solicitation entitled \"Buy
American Act-Free Trade Agreement-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 (Jan 2004)*. 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 Agreement\--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 (Jan 2004). 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
Agreement-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, 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, products without regard to the restrictions of the Buy American
Act. The Government will evaluate offers of U.S.-made or designated
country end products without regard to restrictions of the Buy American
Act. The Government will consider for award only offers of U.S.-made or
designated country end products unless the Contracting Officer
determines that there are no offers for such products or that the offers
for such products are insufficient to fulfill the requirements of the
solicitation.

\(h\) *Certification Regarding Responsibility Matters (Executive Order
12689)*. (Applies only if the contract value is expected to exceed the
simplified acquisition threshold.) The offeror certifies, to the best of
its knowledge and belief, that the offeror and/or any of its
principals\--

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

\(2\) \[ \]Have, \[ \]have not, within a three-year period preceding
this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a Federal, state or local
government contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property; 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 enumerated in paragraph (h) (2) of this clause;
and

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

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

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

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

> (ii) Examples.

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

\(B\) The IRS has filed a notice of Federal tax lien with respect to an
assessed tax liability, and the taxpayer has been issued a notice under
I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS
Office of Appeals contesting the lien filing, and to further appeal to
the Tax Court if the IRS determines to sustain the lien filing. In the
course of the hearing, the taxpayer is entitled to contest the
underlying tax liability because the taxpayer has had no prior
opportunity to contest the liability. This is not a delinquent tax
because it is not a final tax liability. Should the taxpayer seek tax
court review, this will not be a final tax liability until the taxpayer
has exercised all judicial appeal rights.

\(C\) The taxpayer has entered into an installment agreement pursuant to
I.R.C. §6159. The taxpayer is making timely payments and is in full
compliance with the agreement terms. The taxpayer is not delinquent
because the taxpayer is not currently required to make full payment.

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

\(i\) *Certification Regarding Knowledge of Child Labor for Listed End
Products (Executive Order 13126). \[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 Product*

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 is 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---

1.  

> \(i\) 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.

\(l\) *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
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(m\) Restricted business operations in Sudan. By submission of its
offer, the offeror certifies that it does not conduct any restricted
business operations in Sudan.

(End of provision)

**I.3 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS \-- COMMERCIAL ITEMS (JUN 2007)) (FAR 52.212-5) (DEC
2008)**

\(a\) The Contractor shall comply with the following Federal Acquisition
Regulation (FAR) clauses, which are incorporated in this contract by
reference, to implement provisions of law or Executive orders applicable
to acquisitions of commercial items:

\(1\) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

\(2\) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)
(Pub. L. 108-77, 108-78)

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

x\_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government
(Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C.
2402).

\(2\) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC
2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

\_\_ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15
U.S.C. 657a).

\_\_ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (July 2005) (if the offeror elects to waive the
preference, it shall so indicate in its offer) (15 U.S.C. 657a).

\_\_ (5) \[Reserved\]

\_\_ (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (June
2003) (15 U.S.C. 644).

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

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

\_\_ (7)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June
2003) (15 U.S.C. 644).

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

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

X\_ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15
U.S.C. 637(d)(2) and (3)).

\_ \_ (9)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (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.

\_\_ (10) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C.
637(a)(14)).

\_\_ (11) 52.219-16, Liquidated Damages---Subcontracting Plan (Jan 1999)
(15 U.S.C. 637(d)(4)(F)(i)).

\_\_ (12)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the
offeror elects to waive the adjustment, it shall so indicate in its
offer).

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

\_\_ (13) 52.219-25, Small Disadvantaged Business Participation
Program---Disadvantaged Status and Reporting (APR 2008) (Pub. L.
103-355, section 7102, and 10 U.S.C. 2323).

\_\_ (14) 52.219-26, Small Disadvantaged Business Participation
Program---Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section
7102, and 10 U.S.C. 2323).

\_\_ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned
Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

\_\_ (16) 52.219-28, Post Award Small Business Program Representation
(June 2007) (15 U.S.C. 632(a)(2)).

X\_ (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

x\_ (18) 52.222-19, Child Labor---Cooperation with Authorities and
Remedies (Feb 2008) (E.O. 13126).

\_\_ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

x\_ (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

x\_ (21) 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\_ (22) 52.222-36, Affirmative Action for Workers with Disabilities
(Jun 1998) (29 U.S.C. 793).

x\_ (23) 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).

\_\_ (24) 52.222-39, Notification of Employee Rights Concerning Payment
of Union Dues or Fees (Dec 2004) (E.O. 13201).

\_\_ (25)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007)
(Applies to all contracts).

\_\_ (ii) Alternate I (Aug 2007) of 52.222-50.

\_\_ (26)(i) 52.223-9, Estimate of Percentage of Recovered Material
Content for EPA-Designated Products (May 2008) (42 U.S.C.
6962(c)(3)(A)(ii)).

\_\_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

\_\_ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec
2007) (42 U.S.C. 8259b).

\_\_ (28)(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.

\_\_ (29) 52.225-1, Buy American Act---Supplies (June 2003) (41 U.S.C.
10a-10d).

\_\_ (30)(i) 52.225-3, Buy American Act---Free Trade
Agreements---Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53
and 109-169).

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

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

\_\_ (31) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).

x\_\_ (32) 52.225-13, Restrictions on Certain Foreign Purchases (JUN
2008) (E.O.s, proclamations, and statutes administered by the Office of
Foreign Assets Control of the Department of the Treasury).

\_\_ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov
2007) (42 U.S.C. 5150).

x\_ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or
Emergency Area (Nov 2007) (42 U.S.C. 5150).

\_\_ (35) 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)).

\_\_ (36) 52.232-30, Installment Payments for Commercial Items (Oct
1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

x\_ (37) 52.232-33, Payment by Electronic Funds Transfer---Central
Contractor Registration (Oct 2003) (31 U.S.C. 3332).

x\_ (38) 52.232-34, Payment by Electronic Funds Transfer---Other than
Central Contractor Registration (May 1999) (31 U.S.C. 3332). \_\_ (39)
52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

x\_ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.
552a).

\_\_ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(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:

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

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

\_\_ (3) 52.222-43, Fair Labor Standards Act and Service Contract
Act---Price Adjustment (Multiple Year and Option Contracts) (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 (Sep 2008) (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 (e)(1)(i)
through (xi) 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---

\(i\) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC
2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

\(ii\) 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.

\(iii\) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

\(iv\) 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).

\(v\) 52.222-36, Affirmative Action for Workers with Disabilities (June
1998) (29 U.S.C. 793).

\(vi\) 52.222-39, Notification of Employee Rights Concerning Payment of
Union Dues or Fees (Dec 2004) (E.O. 13201).

\(vii\) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C.
351, et seq.).

\(viii\) 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.

\(ix\) 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.).

\(x\) 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.

**I.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)**

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. These rates may
be adjusted only as a result of revisions to prevailing labor rates
provided by the Secretary of Labor. The option provision may be
exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may
exercise the option by written notice to the Contractor within 60 days.

(End of clause)

**I.5 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR
2000)**

\(a\) The Government may extend the term of this contract by written
notice to the Contractor within \_\_\_[30_days]{.underline}\_\_\_\_;
provided that the Government gives the Contractor a preliminary written
notice of its intent to extend at least

\_[60]{.underline} days before the contract expires. The preliminary
notice does not commit the Government to an extension.

\(b\) If the Government exercises this option, the extended contract
shall be considered to include this option clause.

\(c\) The total duration of this contract, including the exercise of any
options under this clause, shall not exceed [60
Months]{.underline}\_\_\_\_\_\_\_\_\_\_.

**I.6 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FAR 52.219-28)
(JUN 2007)**

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

*Long-term contract* means a contract of more than five years in
duration, including options. However, the term does not include
contracts that exceed five years in duration because the period of
performance has been extended for a cumulative period not to exceed six
months under the clause at 52.217-8, Option to Extend Services, or other
appropriate authority.

*Small business concern* means a concern, including its affiliates, that
is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR part 121 and the size
standard in paragraph (c) of this clause.

\(b\) If the Contractor represented that it was a small business concern
prior to award of this contract, the Contractor shall rerepresent its
size status according to paragraph (e) of this clause or, if applicable,
paragraph (g) of this clause, upon the occurrence of any of the

following:

\(1\) Within 30 days after execution of a novation agreement or within
30 days after modification of the contract to include this clause, if
the novation agreement was executed prior to inclusion of this clause in
the contract.

(2) Within 30 days after a merger or acquisition that does not require a
novation or within 30 days after modification of the contract to include
this clause, if the merger or acquisition occurred prior to inclusion of
this clause in the contract.

> \(3\) For long-term contracts-

\(i\) Within 60 to 120 days prior to the end of the fifth year of the
contract; and

\(ii\) Within 60 to 120 days prior to the exercise date specified in the
contract for any option thereafter.

\(c\) The Contractor shall rerepresent its size status in accordance
with the size standard in effect at the time of this rerepresentation
that corresponds to the North American Industry Classification System
(NAICS) code assigned to this contract. The small business size standard
corresponding to this NAICS code can be found at
http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

\(d\) The small business size standard for a Contractor providing a
product which it does not manufacture itself, for a contract other than
a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor
shall make the rerepresentation required by paragraph (b) of this clause
by validating or updating all its representations in the Online
Representations and Certifications Application and its data in the
Central Contractor Registration, as necessary, to ensure they reflect
current status. The Contractor shall notify the contracting office by
e-mail, or otherwise in writing, that the data have been validated or
updated, and provide the date of the validation or update.

\(f\) If the Contractor represented that it was other than a small
business concern prior to award of this contract, the Contractor may,
but is not required to, take the actions required by paragraphs (e) or
(g) of this clause.

\(g\) If the Contractor does not have representations and certifications
in ORCA, or does not have a representation in ORCA for the NAICS code
applicable to this contract, the Contractor is required to complete the
following rerepresentation and submit it to the contracting office,
along with the contract number and the date on which the
rerepresentation was completed:

The Contractor represents that it \[\] is, \[\] is not a small business
concern under NAICS Code \_\_\_\_\_\_\_\_\_\_\_\_\_\_ assigned to
contract number \_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[*Contractor to sign and date and insert authorized signer's name and
title*\].

**I.7 PROHIBITION OF SEGREGATED FACILITIES (FAR 52.222-21) (FEB 1999)**

\(a\) "Segregated facilities," as used in this clause, means any waiting
rooms, work areas, rest rooms and wash rooms, restaurants and other
eating areas, time clocks, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees,
that are segregated by explicit directive or are in fact segregated on
the basis of race, color, religion, sex, or national origin because of
written or oral policies or employee custom. The term does not include
separate or single-user rest rooms or necessary dressing or sleeping
areas provided to assure privacy

between the sexes.

\(b\) The Contractor agrees that it does not and will not maintain or
provide for its employees any segregated facilities at any of its
establishments, and that it does not and will not permit its employees
to perform their services at any location under its control where
segregated facilities are maintained. The Contractor agrees that a
breach of this clause is a violation of the Equal

Opportunity clause in this contract.

\(c\) The Contractor shall include this clause in every subcontract and
purchase order that is subject to the Equal Opportunity clause of this
contract.

**I.8 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES
OR FEES (DEC 2004) (FAR 52.222-39) (DEC 2004)**

\(a\) Definition. As used in this clause\--

"United States" means the 50 States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, and Wake Island.

\(b\) Except as provided in paragraph (e) of this clause, during the
term of this contract, the Contractor shall post a notice, in the form
of a poster, informing employees of their rights concerning union
membership and payment of union dues and fees, in conspicuous places in
and about all its plants and offices, including all places where notices
to employees are customarily posted. The notice shall include the
following information (except that the information pertaining to
National Labor Relations Board shall not be included in notices posted
in the plants or offices of carriers subject to the Railway Labor Act,
as amended (45 U.S.C. 151-188)).

Notice to Employees

> Under Federal law, employees cannot be required to join a union or
> maintain membership in a union in order to retain their jobs. Under
> certain conditions, the law permits a union and an employer to enter
> into a union-security agreement requiring employees to pay uniform
> periodic dues and initiation fees. However, employees who are not
> union members can object to the use of their payments for certain
> purposes and can only be required to pay their share of union costs
> relating to collective bargaining, contract administration, and
> grievance adjustment.
>
> If you do not want to pay that portion of dues or fees used to support
> activities not related to collective bargaining, contract
> administration, or grievance adjustment, you are entitled to an
> appropriate reduction in your payment. If you believe that you have
> been required to pay dues or fees used in part to support activities
> not related to collective bargaining, contract administration, or
> grievance adjustment, you may be entitled to a refund and to an
> appropriate reduction in future payments.
>
> For further information concerning your rights, you may wish to
> contact the National Labor Relations Board (NLRB) either at one of its
> Regional offices or at the following address or toll free number:
>
> National Labor Relations Board\
> Division of Information\
> 1099 14th Street, N.W.\
> Washington, DC 20570\
> 1-866-667-6572\
> 1-866-316-6572 (TTY)
>
> To locate the nearest NLRB office, see NLRB\'s website at
> http://www.nlrb.gov

\(c\) The Contractor shall comply with all provisions of Executive Order
13201 of February 17, 2001, and related implementing regulations at 29
CFR Part 470, and orders of the Secretary of Labor.

\(d\) In the event that the Contractor does not comply with any of the
requirements set forth in paragraphs (b), (c), or (g), the Secretary may
direct that this contract be cancelled, terminated, or suspended in
whole or in part, and declare the Contractor ineligible for further
Government contracts in accordance with procedures at 29 CFR part 470,
Subpart B\--Compliance Evaluations, Complaint Investigations and
Enforcement Procedures. Such other sanctions or remedies may be imposed
as are provided by 29 CFR Part 470, which implements Executive Order
13201, or as are otherwise provided by law.

\(e\) The requirement to post the employee notice in paragraph (b) does
not apply to--

> \(1\) Contractors and subcontractors that employ fewer than 15
> persons;
>
> \(2\) Contractor establishments or construction work sites where no
> union has been formally recognized by the Contractor or certified as
> the exclusive bargaining representative of the Contractor\'s
> employees;
>
> \(3\) Contractor establishments or construction work sites located in
> a jurisdiction named in the definition of the United States in which
> the law of that jurisdiction forbids enforcement of union-security
> agreements;
>
> \(4\) Contractor facilities where upon the written request of the
> Contractor, the Department of Labor Deputy Assistant Secretary for
> Labor-Management Programs has waived the posting requirements with
> respect to any of the Contractor\'s facilities if the Deputy Assistant
> Secretary finds that the Contractor has demonstrated that\--
>
> \(i\) The facility is in all respects separate and distinct from
> activities of the Contractor related to the performance of a contract;
> and
>
> \(ii\) Such a waiver will not interfere with or impede the
> effectuation of the Executive order; or
>
> \(5\) Work outside the United States that does not involve the
> recruitment or employment of workers within the United States.

\(f\) The Department of Labor publishes the official employee notice in
two variations; one for contractors covered by the Railway Labor Act and
a second for all other contractors. The Contractor shall--

> \(1\) Obtain the required employee notice poster from the Division of
> Interpretations and Standards, Office of Labor-Management Standards,
> U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605,
> Washington, DC 20210, or from any field office of the Department\'s
> Office of Labor-Management Standards or Office of Federal Contract
> Compliance Programs;
>
> \(2\) Download a copy of the poster from the Office of
> Labor-Management Standards website at http://www.olms.dol.gov; or
>
> \(3\) Reproduce and use exact duplicate copies of the Department of
> Labor\'s official poster.

\(g\) The Contractor shall include the substance of this clause in every
subcontract or purchase order that exceeds the simplified acquisition
threshold, entered into in connection with this contract, unless
exempted by the Department of Labor Deputy Assistant Secretary for
Labor-Management Programs on account of special circumstances in the
national interest under authority of 29 CFR 470.3(c). For indefinite
quantity subcontracts, the Contractor shall include the substance of
this clause if the value of orders in any calendar year of the
subcontract is expected to exceed the simplified acquisition threshold.
Pursuant to 29 CFR Part 470, Subpart B\--Compliance Evaluations,
Complaint Investigations and Enforcement Procedures, the Secretary of
Labor may direct the Contractor to take such action in the enforcement
of these regulations, including the imposition of sanctions for
noncompliance with respect to any such subcontract or purchase order. If
the Contractor becomes involved in litigation with a subcontractor or
vendor, or is threatened with such involvement, as a result of such
direction, the Contractor may request the United States, through the
Secretary of Labor, to enter into such litigation to protect the
interests of the United States.

(End of Clause)

**I.9 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (FAR 52.223-5)
(AUG 2003)**

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

"Priority chemical" means a chemical identified by the Interagency
Environmental Leadership Workgroup or, alternatively, by an agency
pursuant to section 503 of Executive Order 13148 of April 21, 2000,
Greening the Government through Leadership in Environmental Management.

"Toxic chemical" means a chemical or chemical category listed in 40 CFR
372.65.

\(b\) Executive Order 13148 requires Federal facilities to comply with
the provisions of the Emergency Planning and Community Right-to-Know Act
of 1986 (EPCRA) (42 U.S.C. 11001-11050) and the Pollution Prevention Act
of 1990 (PPA) (42 U.S.C. 13101-13109).

\(c\) The Contractor shall provide all information needed by the Federal
facility to comply with the following:

\(1\) The emergency planning reporting requirements of section 302 of
EPCRA.

\(2\) The emergency notice requirements of section 304 of EPCRA.

\(3\) The list of Material Safety Data Sheets, required by section 311
of EPCRA.

\(4\) The emergency and hazardous chemical inventory forms of section
312 of EPCRA.

\(5\) The toxic chemical release inventory of section 313 of EPCRA,
which includes the reduction and recycling information required by
section 6607 of PPA.

\(6\) The toxic chemical, priority chemical, and hazardous substance
release and use reduction goals of sections 502 and 503 of Executive
Order 13148.

**I.10 OZONE-DEPLETING SUBSTANCES (FAR 52.223-11) (MAR 2001)**

\(a\) *Definition.* "Ozone-depleting substance," as used in this clause,
means any substance the Environmental Protection Agency designates in 40
CFR part 82 as\--

\(1\) Class I, including, but not limited to, chlorofluorocarbons,
halons, carbon tetrachloride, and methyl chloroform; or

\(2\) Class II, including, but not limited to, hydrochlorofluorocarbons.

\(b\) The Contractor shall label products which contain or are
manufactured with ozone-depleting substances in the manner and to the
extent required by 42 U.S.C. 7671j(b), (c), and (d) and 40 CFR Part 82,
Subpart E, as follows:

> \"WARNING: Contains (or manufactured with, if applicable)
>
> [\*]{.underline} , a substance(s) which harm(s) public health and
> environment by destroying ozone in the upper atmosphere.\"

\*The Contractor shall insert the name of the substance(s).

**I.11 COMPETITION IN SUBCONTRACTING (FAR 52.244-5) (DEC 1996)**

\(a\) The Contractor shall select subcontractors (including suppliers)
on a competitive basis to the maximum practical extent consistent with
the objectives and requirements of the contract.

\(b\) If the Contractor is an approved mentor under the Department of
Defense Pilot Mentor-Protege Program (Pub. L. 101-510, section 831 as
amended), the Contractor may award subcontracts under this contract on a
noncompetitive basis to its proteges.

**I.12 SUBCONTRACTS FOR COMMERCIAL ITEMS (FAR 52.244-6) (DEC 2008)**

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

\"Commercial item\" has the meaning contained in Federal Acquisition
Regulation 2.101, Definitions.

\"Subcontract\" includes a transfer of commercial items between
divisions, subsidiaries, or affiliates of the Contractor or
subcontractor at any tier.

\(b\) To the maximum extent practicable, the Contractor shall
incorporate, and require its subcontractors at all tiers to incorporate,
commercial items or nondevelopmental items as components of items to be
supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts
for commercial items:

\(i\) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC
2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

\(ii\) 52.219-8, Utilization of Small Business Concerns (May 2004) (15
U.S.C. 637(d)(2)(3)), in all subcontracts that offer further
subcontracting opportunities. If the subcontract (except subcontracts to
small business concerns) exceed \$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.

\(iii\) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

\(iv\) 52.222-35, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38
U.S.C. 4212(a));

\(v\) 52.222-36, Affirmative Action for Workers with Disabilities (Jun
1998) (29 U.S.C. 793).

\(vi\) 52.222-39, Notification of Employee Rights Concerning Payment of
Union Dues or Fees (Dec 2004) (E.O. 13201). (Flow down a required in
accordance with paragraph (g) of FAR clause 52.222-39.)

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

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

\(d\) The Contractor shall include the terms of this clause, including
this paragraph (d), in subcontracts awarded under this contract.

**I.13 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)**

This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this/these
address(es):

http://www.arnet.gov/far/

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\[ Insert one or more Internet addresses \]

**I.14 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (APR 1984)**

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

\(b\) The use in this solicitation or contract of any Environmental
Protection Agency (48 CFR Chapter 15) clause with an authorized
deviation is indicated by the addition of \"DEVIATION\" after the name
of the regulation.

**PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS**

**SECTION J - LIST OF ATTACHMENTS**

**J.1 LIST OF ATTACHMENTS (EP 52.252-100) (APR 1984)**

1\. STATEMENT OF WORK - Computer Resources Support Services for the
Compliance and Innovative Strategies Division (CISD).

2\. Attachment to STATEMENT OF WORK for HSPD-12

3\. Labor Categories

4\. Discussion Of Sensitive Contracting Areas

5\. Past Performance Questionnaire

6\. Sample Client Authorization Letter

**PART IV - REPRESENTATIONS AND INSTRUCTIONS**

**SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS**

**K.1 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR 52.203-2) (APR
1985)**

\(a\) The offeror certifies that\--

\(1\) The prices in this offer have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other offeror or competitor
relating to (i) those prices, (ii) the intention to submit an offer, or
(iii) the methods or factors used to calculate the prices offered;

\(2\) The prices in this offer have not been and will not be knowingly
disclosed by the offeror, directly or indirectly, to any other offeror
or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a negotiated
solicitation) unless otherwise required by law; and

\(3\) No attempt has been made or will be made by the offeror to induce
any other concern to submit or not to submit an offer for the purpose of
restricting competition.

\(b\) Each signature on the offer is considered to be a certification by
the signatory that the signatory\--

\(1\) Is the person in the offeror\'s organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2)(i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(1) through (a)(3) above

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

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

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

\[Insert full name of person(s) in the offeror\'s organization
responsible for determining the prices offered in the bid or proposal,
and the title of his or her position in the offeror\'s organization\];

\(ii\) As an authorized agent, does certify that the principals named in
subdivision (b)(2)(i) above have not participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) above; and

\(iii\) As an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) above.

\(c\) If the offeror deletes or modifies subparagraph (a)(2) above, the
offeror must furnish with its offer a signed statement setting forth in
detail the circumstances of the disclosure.

**K.2 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8) (JAN
2006) DEVIATION**

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is **541611.**

\(2\) The small business size standard is \[insert size standard\].

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is
included in this solicitation, paragraph (c) of this provision applies.

\(2\) If the clause at 52.204-7 is not included in this solicitation,
and the offeror is currently registered in CCR, and has completed the
ORCA electronically, the offeror may choose to use paragraph (c) of this
provision instead of completing the corresponding individual
representations and certifications in the solicitation. The offeror
shall indicate which option applies by checking one of the following
boxes:

\[ \](i) Paragraph (c) applies.

> \[ \](ii) Paragraph (c) does not apply and the offeror has completed
> the individual representations and certifications in the solicitation.

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at http://orca.bpn.gov. After
reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications
currently posted electronically have been entered or updated within the
last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this
offer and are incorporated in this offer by reference (see FAR 4.1201);
except for the changes identified below *\[offeror to insert changes,
identifying change by clause number, title, date\].* These amended
representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this
offer.

**[FAR Clause \#]{.underline} [Title]{.underline} [Date]{.underline}
[Change]{.underline}**

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.

**K.3 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT CERTIFICATION (EPAAR
1552.203-70) (APR 1984)**

The offeror (quoter) hereby certifies that:

\(a\) He is \[ \] is not \[ \] a former regular or special EPA

employee whose EPA employment terminated within one year prior to

submission of this offer (quote).

\(b\) He does \[ \] does not \[ \] employ or propose to employ a

current/ former regular or special EPA employee whose EPA

employment terminated within one year prior to submission of this

offer (quote) and who has been or will be involved, directly or

indirectly, in developing or negotiating this offer (quote) for

the offeror (quoter), or in the management, administration or

performance of any contract resulting from this offer (quote).

\(c\) He does \[ \] does not \[ \] employ or propose to employ as a

consultant or subcontractor under any contract resulting from

this offer (quote) a current/former regular or special EPA

employee whose EPA employment terminated within one year prior to

submission of this offer (quote).

\(d\) A former regular or special EPA employee whose EPA

employment terminated within one year prior to submission of this

offer (quote) or such former employee\'s spouse or minor child

does \[ \] does not \[ \] own or substantially own or control the

offeror\'s (quoter\'s) firm.

\(e\) \"Regular employee\" means any officer or employee of EPA who

is employed or appointed, with or without compensation, to serve

more than 130 days during any period of 365 consecutive days,

including regular officers of the Public Health Service

Commissioned Corps and reserve officers of the Public Health

Service Commissioned Corps while on active duty.

\(f\) \"Special employee\" means an officer or employee of EPA who

is retained, designated, appointed or employed to perform, with

or without compensation, temporary duties either on a full-time

or intermittent basis for not more than 130 days during any

period of 365 consecutive days and who actually served more than

60 days during such 365-day period.

**K.4 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION (EPAAR
1552.209-72) (APR 1984)**

The offeror \[ \] is \[ \] is not aware of any information bearing on
the existence of any potential organizational conflict of interest. If
the offeror is aware of information bearing on whether a potential
conflict may exist, the offeror shall provide a disclosure statement
describing this information. (See Section L of the solicitation for
further information.)

**K.5 SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE
PROPRIETORS AND PRIVACY ACT STATEMENT (EPAAR 1552.224-70) (APR 1984)**

\(a\) Section 6041 of Title 26 of the U.S. Code requires EPA to file
Internal Revenue Service (IRS) Form 1099 with respect to individuals who
receive payments from EPA under purchase orders or contracts. Section
6109 of Title 26 of the U.S. Code authorizes collection by EPA of the
social security numbers of such individuals for the purpose of filing
IRS Form 1099. Social security numbers obtained for this purpose will be
used by EPA for the sole purpose of filing IRS Form 1099 in compliance
with Section 6041 of Title 26 of the U.S. Code.

\(b\) If the offeror or quoter is an individual, consultant, or sole
proprietor and has no Employer Identification Number, insert the
offeror\'s or quoter\'s social security number on the following line.

\...\...\...\...\...\...\...\...\...\...\....

**K.6 SIGNATURE BLOCK (EP 52.299-900) (APR 1984)**

I hereby certify that the responses to the above Representations,
Certifications and other statements are accurate and complete.

Signature:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title :\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date :\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**K.7 SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1) (MAY 2004)**

\(a\)

\(1\) The North American Industry Classification System (NAICS) code for
this acquisition is \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\[insert NAICS code\].

\(2\) The small business size standard is \_\_\_\_\_\_\_\_\_\_\_\_\_
\[insert size standard\].

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

\(b\) Representations.

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

\(2\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents, for general statistical purposes, that it \* is, \* is not,
a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

\(6\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents, as part of its offer, that --

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

\(ii\) It \* is, \* is not a joint venture that complies with the
requirements of 13 CFR part 126, and the representation in paragraph
(b)(6)(i) of this provision is accurate of the HUBZone small business
concern or concerns that are participating in the joint venture. \[The
offeror shall enter the name or names of the HUBZone small business
concern or concerns that are participating in the joint venture:
\_\_\_\_\_\_\_\_\_\_\_.\] Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy
of the HUBZone representation.

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

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

\(1\) Means a small business concern---

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

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

\(2\) Service-disabled veteran means a veteran, as defined in 38 U.S.C.
101(2), with a disability that is service-connected, as defined in 38
U.S.C. 101(16).

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

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

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

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

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

\(1\) That is at least 51 percent owned by one or more women; 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.

\(d\) Notice.

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

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

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

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

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

(End of Provision)

**K.8 PLACE OF PERFORMANCE(FAR 52.215-6) (OCT 1997)**

\(a\) The offeror or respondent, in the performance of any contract
resulting from this solicitation, intends, does not intend \[check
applicable block\] to use one or more plants or facilities located at a
different address from the address of the offeror or respondent as
indicated in this proposal or response to request for information.

\(b\) If the offeror or respondent checks "intends" in paragraph (a) of
this provision, it shall insert in the following spaces the required
information:

Place of Performance(Street Address, City, State, County, Zip Code)

Name and Address of Owner and Operator of the Plant or Facility if Other
Than Offeror or Respondent

(End of Provision)

**K.9 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (FAR 52.223-13)
(AUG 2003)**

\(a\) Executive Order 13148, of April 21, 2000, Greening the Government
through Leadership in Environmental Management, requires submission of
this certification as a prerequisite for contract award.

\(b\) By signing this offer, the offeror certifies that \--

\(1\) As the owner or operator of facilities that will be used in the
performance of this contract that are subject to the filing and
reporting requirements described in section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C.
11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA)
(42 U.S.C. 13106), the offeror will file and continue to file for such
facilities for the life of the contract the Toxic Chemical Release
Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA
and section 6607 of PPA; or

\(2\) None of its owned or operated facilities to be used in the
performance of this contract is subject to the Form R filing and
reporting requirements because each such facility is exempt for at least
one of the following reasons: \[Check each block that is applicable.\]

\* (i) The facility does not manufacture, process, or otherwise use any
toxic chemicals listed in 40 CFR 372.65;

\* (ii) The facility does not have 10 or more full-time employees as
specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

\* (iii) The facility does not meet the reporting thresholds of toxic
chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f)
(including the alternate thresholds at 40 CFR 372.27, provided an
appropriate certification form has been filed with EPA);

\* (iv) The facility does not fall within the following Standard
Industrial Classification (SIC) codes or their corresponding North
American Industry Classification System sectors:

\(A\) Major group code 10 (except 1011, 1081, and 1094).

\(B\) Major group code 12 (except 1241).

\(C\) Major group codes 20 through 39.

\(D\) Industry code 4911, 4931, 4939 (limited to facilities that combust
coal and/or oil for the purpose of generating power for distribution in
commerce).

\(E\) Industry code 4953 (limited to facilities regulated under the
Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et
seq.)), or 5169, 5171, 7389 (limited to facilities primarily engaged in
solvent recovery services on a contract or fee basis); or

\* (v) The facility is not located within any State of the United States
or its outlying areas.

(End of Provision)

**SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS**

**L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1)
(FEB 1998)**

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

http://www.arnet.gov/far/

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\[Insert one or more Internet addresses \]

**NOTICE Listing Contract Clauses Incorporated by Reference**

NOTICE:

The following solicitation provisions and/or contract clauses pertinent
to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.204-6 APR 2008 DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

NUMBER

52.215-1 JAN 2004 INSTRUCTIONS TO OFFERORS-COMPETITIVE

ACQUISITION

52.215-3 OCT 1997 REQUEST FOR INFORMATION OR SOLICITATION

FOR PLANNING PURPOSES

52.215-5 OCT 1997 FACSIMILE PROPOSALS

52.237-1 APR 1984 SITE VISIT

**L.2 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION (EPAAR
1552.209-70) (APR 1984)**

\(a\) The prospective Contractor certifies, to the best of its

knowledge and belief, that it is not aware of any information

bearing on the existence of any potential organizational conflict

of interest. If the prospective Contractor cannot so certify, it

shall provide a disclosure statement in its proposal which

describes all relevant information concerning any past, present,

or planned interests bearing on whether it (including its chief

executives and directors, or any proposed consultant or

subcontractor) may have a potential organizational conflict of

interest.

\(b\) Prospective Contractors should refer to FAR Subpart 9.5 and

EPAAR Part 1509 for policies and procedures for avoiding,

neutralizing, or mitigating organizational conflicts of interest.

\(c\) If the Contracting Officer determines that a potential

conflict exists, the prospective Contractor shall not receive an

award unless the conflict can be avoided or otherwise resolved

through the inclusion of a special contract clause or other

appropriate means. The terms of any special clause are subject

to negotiation.

**L.3 TECHNICAL QUESTIONS (EP 52.215-110) (APR 1984)**

Offerors must submit all technical questions concerning this
solicitation in writing to the contract specialist. EPA must receive the
questions no later than \_[TEN (10)]{.underline}\_calendar days after
the date of this solicitation. EPA will answer questions which may
affect offers in an amendment to the solicitation. EPA will not
reference the source of the questions.

**L.4 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE GOVERNMENT FOR
AUDIT (EP 52.215-115) (MAR 1989)**

Cost or pricing proposals submitted in response to this solicitation may
be released outside the Government for audit purposes regardless of
whether information contained in such proposals has been claimed or
determined to be business confidential. If an outside audit is obtained,
the non-Government auditor shall use the information only for audit
purposes; shall not disclose any information in the proposals to anyone
other than authorized EPA employees without the prior written approval
of the Assistant General Counsel responsible for information law
matters; and shall return all copies of proposals, as well as any
abstracts, to the Government upon completion of the audit. The
non-Government auditor shall obtain a written agreement from each of its
employees with access to the proposals to honor these limitations prior
to allowing the employee access.

**L.5 IDENTIFICATION OF SET-ASIDE/8A PROGRAM APPLICABILITY (EP
52.219-100) (FEB 1991)**

This new procurement is being processed as follows:

\(a\) Type of set-aside: 8a Competed

Percent of the set-aside: Total

\(b\) 8(a) Program: 8(a) Competitive

**L.6 EPA GREEN MEETINGS AND CONFERENCES (EPAAR 1552.223-71) (MAY
2007)**

\(a\) The mission of the EPA is to protect human health and the
environment. We expect that all Agency meetings and conferences will be
staged using as many environmentally preferable measures as possible.
Environmentally preferable means products or services that have a lesser
or reduced effect on the environment when compared with competing
products or services that serve the same purpose.

\(b\) As a potential meeting or conference provider for EPA, we require
information about environmentally preferable features and practices your
facility will have in place for the EPA event described in the
solicitation.

\(c\) The following list is provided to assist you in identifying
environmentally preferable measures and practices used by your facility.
More information about EPA's Green Meetings initiative may be found on
the Internet at http://www.epa.gov/oppt/greenmeetings/. Information
about EPA voluntary partnerships may be found at
http://www.epa.gov/partners/index.htm.

\(1\) Do you have a recycling program? If so, please describe.

\(2\) Do you have a linen/towel reuse option that is communicated to
guests?

\(3\) Do guests have easy access to public transportation or shuttle
services at your facility?

\(4\) Are lights and air conditioning turned off when rooms are not in
use? If so, how do you ensure this?

\(5\) Do you provide bulk dispensers or reusable containers for
beverages, food and condiments?

\(6\) Do you provide reusable serving utensils, napkins and tablecloths
when food and beverages are served?

\(7\) Do you have an energy efficiency program? Please describe.

\(8\) Do you have a water conservation program? Please describe.

\(9\) Does your facility provide guests with paperless check-in &
check-out?

\(10\) Does your facility use recycled or recyclable products? Please
describe.

\(11\) Do you source food from local growers or take into account the
growing practices of farmers that provide the food? Please describe.

\(12\) Do you use biobased or biodegradable products, including biobased
cafeteriaware? Please describe.

\(13\) Do you provide training to your employees on these green
initiatives? Please describe.

\(14\) What other environmental initiatives have you undertaken,
including any environment- related certifications you possess, EPA
voluntary partnerships in which you participate, support of a green
suppliers network, or other initiatives?

Include "Green Meeting" information in your quotation so that we may
consider environmental preferability in selection of our meeting venue.

**L.7 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS (EPAAR
1552.233-70) (JUL 1999)**

Agency protests must be filed with the Contracting Officer in accordance
with the requirements of FAR 33.103(d) and (e). Within 10 calendar days
after receipt of an adverse Contracting Officer decision, the protester
may submit a written request for an independent review by the Head of
the Contracting Activity. This independent review is available only as
an appeal of a Contracting Officer decision on a protest. Accordingly,
as provided in 4 CFR 21.2(a)(3), any protest to the GAO must be filed
within 10 days of knowledge of the initial adverse Agency action.

**L.8 ADDITIONAL BID/PROPOSAL SUBMISSION INSTRUCTIONS (EP-S 99-2) (AUG
2004)**

a\. General Instructions

> These instructions are in addition to the applicable requirements and
> clauses set forth in the Federal Acquisition Regulation regarding
> bid/proposal submission and late bids/proposals. Please note that
> there are distinct addresses designated for bid/proposal submission on
> the SF 33. Block 7 designates the location specified for delivery of
> hand carried/courier/overnight delivery service bids/proposals while
> Block 8 indicates the address specified for receipt of bids/proposals
> sent by U.S. Mail. Bidders/Offerors are responsible for ensuring that
> their bids/proposals (and any amendments, modifications, withdrawals,
> or revisions thereto) are submitted so as to reach the Government
> office designated on the SF 33 prior to the designated date and time
> established for receipt. Bidders and offerors are also responsible for
> allowing sufficient time for the bid/proposal to be processed through
> EPA's internal mail distribution system described below so as to reach
> the designated location for bid/proposal receipt on time. Failure to
> timely deliver a bid/proposal to the EPA Bid & Proposal Room on the
> 6th floor of the Ronald Reagan Building, which is the location
> designated for bid/proposal receipt in blocks 7 and 8 of the SF 33,
> will render the bid/proposal "late" in accordance with FAR 14.304
> and/or 15.208 and disposition of the bid/proposal will be handled in
> accordance with FAR 14.304 and 52.214-7 for bids and FAR 15.208 and
> 52.215-1 for proposals. Bidders/Offerors are cautioned that receipt of
> a bid/proposal by the Agency's mail room or other central receiving
> facility does not constitute receipt by the office designated in the
> solicitation/invitation for bids.

b\. U.S. Mail Delivery-SF 33 Block 8

> Block 8 on the SF 33 indicates that bids/proposals sent by U.S. Mail
> must be timely received by the Bid & Proposal Room, Mail Code 3802R.
> Because EPA adheres to a centralized mail delivery system, any
> bid/proposal submitted via U.S. Mail to the address specified in block
> 8 of the SF 33 is initially routed to EPA's mail handling facility at
> another location in S.W. Washington, DC, and then subsequently routed
> to EPA's Bid & Proposal Room (Mail Code 3802R) located on the 6th
> floor of the Ronald Reagan Building. The Bid and Proposal Room on the
> 6th floor of the Ronald Reagan Building is geographically distinct and
> is not co-located with the mail handling facility. Bids/proposals sent
> by U.S. Mail, therefore, will not be considered "received" until such
> time as they are physically delivered via EPA's mail distribution
> system to the EPA Bid & Proposal Room in the Ronald Reagan Building.
> Bidders/Offerors electing to utilize the U.S. Mail for bid/proposal
> delivery should therefore allow sufficient time prior to the
> designated time and date for bid/proposal receipt as specified in
> Block 9 of the SF 33 to allow for the internal routing of their
> bid/proposal to the EPA Bid & Proposal Room.
>
> [All bids/proposals submitted other than by U.S. Mail should utilize
> the Hand Carried/Courier/Overnight Delivery Service address specified
> in Block 7 of the SF 33.]{.underline}

c\. Hand Carried/Courier Delivery- SF 33 Block 7

> EPA's Bid & Proposal Room that is designated for receipt of hand
> delivered bids/proposals is located on the 6th floor of the Ronald
> Reagan Building (Room 61107), 1300 Pennsylvania Ave, N.W., Washington,
> D.C. The Bid and Proposal Room hours of operation are 8:00AM - 4:30PM
> weekdays, except Federal holidays. Because this is a secure area, EPA
> bidders/offerors/contractors and/or their couriers/delivery personnel
> must check in at the EPA visitor guard desk, located to the left of
> the 13 ½ street entrance, prior to gaining access to the Bid &
> Proposal Room. A properly addressed bid/proposal, as described below,
> will be required for admittance to the Bid & Proposal Room.
> Bids/proposals not properly addressed will be collected by the guard,
> and routed to the Bid & Proposal Room through EPA's internal mail
> distribution system, which will delay receipt of the bid/proposal in
> the Bid & Proposal Room.

d\. Overnight Delivery Services- SF 33 Block 7

> Bid/Proposal deliveries via overnight delivery services (e.g., Federal
> Express, Airborne Express) must utilize the address specified in block
> 7 of the SF 33. Due to the large volume of overnight packages
> delivered to EPA at one time, all overnight delivery services deliver
> only to EPA's loading dock at the Ronald Reagan Building, and not
> directly to the Bid & Proposal Room designated for receipt of
> bids/proposals in block 7 of the SF 33. From the dock, packages are
> routed to EPA's mail room in the Ronald Reagan Building for internal
> distribution, including distribution to the Bid & Proposal Room. It is
> important to recognize that regardless of whether the Bid & Proposal
> Room is noted on the address label as required by block 7 of the SF
> 33, overnight delivery service packages are NOT regularly delivered
> directly to the Bid & Proposal Room. Because bids and proposals must
> be physically received at the Bid & Proposal Room to be considered
> officially received, bidders/offerors should not rely upon guaranteed
> delivery times from overnight delivery services as guarantees that
> their bids/proposals will be officially received on time.
> Bidders/offerors remain responsible for the timely delivery of their
> bids/proposals to the Bid & Proposal Room.

e\. Address Instructions:

> [For US MAIL:]{.underline}

Environmental Protection Agency

BID and PROPOSAL ROOM, Mail Code 3802R

Ariel Rios Building

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

Specified Date and Time for Receipt of Bids/Proposals:

[Date Time]{.underline}

> Solicitation Number:

Offeror's Name and Address:

[For Other Than US MAIL]{.underline}

U.S. Environmental Protection Agency

Office of Acquisition Management

BID and PROPOSAL ROOM, Mail Code 3802R

Ronald Reagan Building, 6th Floor, Room 61107

1300 Pennsylvania, Avenue, N.W.

Washington, D.C. 20004

Specified Date and Time for Receipt of Bids/Proposals:

[Date Time]{.underline}

Solicitation Number:

Offeror's Name and Address:

**L.9 FACILITIES CAPITAL COST OF MONEY (FAR 52.215-16) (JUN 2003)**

\(a\) Facilities capital cost of money will be an allowable cost under
the contemplated contract, if the criteria for allowability in FAR
31.205-10(b) are met. One of the allowability criteria requires the
prospective Contractor to propose facilities capital cost of money in
its offer.

\(b\) If the prospective Contractor does not propose this cost, the
resulting contract will include the clause Waiver of Facilities Capital
Cost of Money.

L.10 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)

The Government contemplates award of a Firm-Fixed-Price type contract
for labor hours and time and materials resulting from this solicitation.

L.11 SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006)

\(a\) Protests, as defined in Section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the Government Accountability Office (GAO)
shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgement of receipt from:

DIANNE LYLES

OR

GENINE MCELROY

Hand-Carried Address:

Environmental Protection Agency

1300 Pennsylvania Avenue, N.W.

Washington, DC 20004

Mailing Address:

Environmental Protection Agency

1200 Pennsylvania Avenue, N.W.

Washington, DC 20460

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

**L.12 COMPLIANCE WITH FAR CLAUSE 52.222-43, \"FAIR LABOR STANDARDS ACT
AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION
CONTRACTS)\" (EP 52.222-100) (FEB 1994)**

Offerors are reminded that in accordance with FAR Clause 52.222- 43,
\"Fair Labor Standards Act and Service Contract Act - Price Adjustment
(Multiple Year and Option Contracts)\", offerors must warrant that the
prices in this contract for labor categories subject to prevailing wage
determinations and collective bargaining agreements do not include
allowance for any contingency to cover increased costs for which
adjustment is provided under this clause.

Offerors shall not include escalation for direct labor and fringe costs
for the option years for these covered labor categories in their
proposals. In accordance with FAR 52.222-43, during contract
performance, the contract price or fixed labor rates will be adjusted to
reflect the successful offeror\'s actual increase or decrease in
applicable wages and fringe benefits.

**L.13. DISCLOSURE REQUIREMENTS**

\(a\) The proposed contract requires that the contractor provide
Computer Resources Services. An offeror shall specifically disclose
whether they have any business or financial relationships with (insert
type of business) or whether they are performing any work that
potentially conflicts with work under this contract for EPA or other
Government agencies.

\(b\) Provision K. , ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION
(EPAAR 1552.209-72), requires the offeror to certify whether it is or is
not aware of any potential organizational conflict of interest. If the
offeror is aware of a conflict, then Provision L., ORGANIZATIONAL
CONFLICT OF INTEREST NOTIFICATION (EPAAR 1552.209-70), requires the
offeror to provide a disclosure statement in its proposal describing all
relevant information concerning any past, present, or planned interests
bearing on whether it (including its chief executives and any directors,
or any proposed consultant or subcontractors) may have a potential
organizational conflict of interest. Firms responding to this
solicitation are required to disclose any such business or financial
relationships. The disclosure statement must address actual and
potential organizational conflicts of interest within the offeror\'s
entire corporate organization, including parent company, sister
companies, affiliates, subsidiaries, and other interests held by the
offeror. In addition to identifying actual and potential organizational
conflicts of interest, the disclosure statement shall describe how any
such conflict can be avoided, neutralized, or mitigated. The EPA
contracting officer will determine an offeror\'s eligibility for award
based on the information provided in the disclosure statement.

\(c\) The Agency has determined that firms directly engaged in or having
significant business or financial relationships with (insert type of
business) may have a significant organizational conflict of interest in
relation to the requirements of this solicitation. In addition, the
Agency has determined that firms that provide consulting and/or
technical services related to (insert type of business) may present
organizational conflict of interest concerns.

\(d\) The purpose of requiring the information covered by paragraph (b)
above is to provide the Agency with an opportunity to assess its
vulnerabilities relative to organizational conflicts of interest with
respect to individual offerors prior to award. The Agency recognizes
that there exists a need for firms to gain the requisite experience
necessary to fulfill the requirements of the proposed contract and that
such experience is often gained through provision of consulting or
related technical services to (insert type of business). Accordingly,
the fact that a firm has worked, is working, or plans to work for
(insert type of business), will not necessarily disqualify the firm from
consideration for award on the basis of actual or potential conflicts of
interest (COI). There is no precise formula for determining whether a
firm\'s business or financial relationships or its past, present, or
future effort performing (describe type of work) would result in a
determination by the Contracting Officer that award to a particular
offeror would not be in the best interest of the Government due to
organizational conflict of interest concerns. Each offeror will be
evaluated individually on the basis of the information disclosed
pursuant to the requirements of this provision and upon the adequacy of
the offeror\'s plan for

avoiding, neutralizing, or mitigating such conflicts. In summary, the
Agency is seeking a technically qualified firm which can demonstrate
that its activities and relationships will not impact its ability to
provide unbiased work products to the Agency under the proposed
contract.

**L.14 CONFLICT OF INTEREST PLAN**

Offerors shall submit, along with their cost proposal, an Organizational
Conflict of Interest Plan which outlines the procedures in place to
identify and report conflicts of interest (COI), whether actual or
potential, throughout the period of contract performance. The plan shall
address step by step, the checks and balances in place to detect and
report potential or actual COI at the organizational and personal level
as set forth in L.## entitled MINIMUM STANDARDS FOR EPA CONTRACTORS\'
CONFLICT OF INTEREST PLANS. The minimum standards set forth the criteria
which offerors\' COI plans must meet in order to be acceptable to the
Agency.

The COI plan shall be negotiated within the time specified by the
Contracting Officer and incorporated into any resulting contract. The
plan shall be evaluated in accordance with the criteria set forth in M.4
entitled EVALUATION OF CONFLICT OF INTEREST PLAN.

**L. 15 MINIMUM STANDARDS FOR EPA CONTRACTORS\' CONFLICT OF INTEREST
PLANS**

1\. PURPOSE

The Environmental Protection Agency (EPA) has identified a need to
avoid, neutralize, or mitigate actual and potential contractor conflicts
of interest (COI). To accomplish this, contractors are required to have
a COI plan for identifying and reporting actual and potential COI. The
purpose of this document is to set forth the minimum standards for a
contractor\'s COI plan. The CO may require the contractor to provide
additional information if necessary.

2\. COI PLAN

The contractor\'s COI Plan is a document which describes the procedures
a

company uses to identify and report COI. Generally, a contractor\'s
corporate COI plan will describe how a company, in its entirety,
addresses conflicts, and will not be contract or program specific. The
plan may also describe the options a company will consider proposing to
avoid, neutralize, or mitigate a COI whenever a conflict is identified.
The plan will be evaluated by the applicable EPA Contracting Officer
(CO), and approved by the CO if the Plan meets the EPA\'s minimum
requirements for detecting and reporting conflicts of interest. The CO
may accept the same version of a COI plan previously approved by another
CO when appropriate. Contractors\' COI Plans should be identified by a
version number and date, as appropriate. EPA should be advised of the
version number, date, and applicable CO for any previously approved COI
plan.

3\. MINIMUM STANDARDS FOR CONTRACTORS\' COI PLANS

A. Corporate Structure

The COI Plan shall describe any parent relationship and list all
affiliates, subsidiaries, and sister companies, etc. Generally, this
need not exceed three corporate tiers, unless a relationship exists
beyond three tiers that would potentially create a conflict. In such a
case, relationships beyond three tiers should also be included in the
COI Plan. Contractors shall report changes in its corporate structure to
the Agency throughout contract performance.

Contractors are invited to include under this section a company profile.
The profile should discuss all pertinent information relevant to COI
including a summary of a contractor\'s primary and/or environmental
business functions, relationships, and activities. This background
information will be very useful to COs when evaluating whether or not a
contractor has a COI.

B. Searching and Identifying COI

The COI Plan shall include a requirement describing when a COI search
must be performed by company personnel and clearly identify the
procedures to be followed. The searching requirement shall encompass all
work related to all clients for whom work was performed over the past
three years, all current work, all sites (if applicable), and any future
work reflected in marketing proposals. Contractors must search their
records over the past 36 months, or through all available records for a
new company until 36 months of records are accumulated, from the time of
receipt of the work from EPA. However, contractors are encouraged to
search back as far as a company\'s records cover.

C. Data Base

The COI Plan shall require a data base that includes all necessary
information for a contractor to review its past work (at a minimum over
the past 36 months or through all available records for a new company
until 36 months of records are accumulated), work in progress, and work
the company may be pursuing under any marketing proposals. This
requirement does not establish any particular type or kind of retrieval
system, however, the data base shall contain, at a minimum, the
following information and capabilities.

\(1\) A list of the company\'s past and current (public and private)
clients; contractor has worked on;

\(2\) A description of the type(s) of work that was performed and any
other pertinent information;

\(3\) A list of the past sites (when applicable) a contractor has
worked;

\(4\) A list of site name(s) (when applicable) related to any work
performed;

\(5\) The ability to search and retrieve the information performed; and

\(6\) dollar value of work performed;

\(7\) A list of work the company may be pursuing in the future.

If applicable, the COI Plan shall include provisions for supplemental
searches of parent, affiliate, subsidiary, or sister company records.
The COI Plan shall also describe any cross-checks used by the company
when searching COI issues.

D. Personal Certification

At a minimum, the COI Plan shall require ALL employees of the company
performing work under an EPA Superfund and/or Non-Superfund contract,
including work on a site, work relating to a site, work pertaining to a
CERCLA/RCRA action, or work that may endanger a CERCLA enforcement
action, to sign a personal certification. EPA recommends a policy
whereby all company employees are required to sign such a certification
rather than only those employees working under an EPA contract. The
certification shall require at a minimum that the individual agrees to
report to the proper company authority any personal COI and that the
individual has read and understands the company\'s COI Plan and
procedures. Employee certifications shall be retained by the company.

E. Work Assignment (WA), Technical Direction Document (TDD), or Delivery
Order (DO) Notification and Certification

If the contract contains the requirement for WAs, TDDs, or DOs, the COI
Plan shall describe the company\'s process for meeting the Agency\'s
notification requirement prior to beginning work and for submission of
the company\'s WA/TDD/DO certification within 20 days of receipt of the
EPA work.

NOTE: WA/TDD/DO certifications are NOT required if the contract contains
an annual certification requirement. Nevertheless, the contractor\'s COI
Plan shall address the procedures to be followed for WA/TDD/DO
certifications.

F. Annual Certification

The COI Plan shall describe the process the company uses for submission
of its annual certification.

NOTE: Annual certification is NOT required if the contract contains a
WA/TDD/DO certification requirement. Nevertheless, the contractor\'s COI
Plan shall address the procedures to be followed for annual
certifications.

G. Notification and Documentation

The COI Plan shall clearly identify the official within the company
responsible for making COI determinations. Generally, this would be
someone at a middle to upper level of management. The responsible
official shall be free of any personal conflicts for the purpose of
making COI determinations, e.g., a program manager who receives bonuses
based on the total amount of sales may not be free of conflicts. The COI
Plan shall clearly identify the process that is followed when notifying
the EPA of any actual or potential COI and the actions that the company
has taken or will take to avoid, neutralize, or mitigate the conflict.
In addition, the contractor shall document all COI searches related to
EPA work, whether or not an actual or potential COI has been identified.

H. Training

The COI Plan shall require all employees of the company to receive basic
COI training and that each employee receive COI awareness training at
least annually. The company\'s COI Plan shall be available for all
employees to review. Annual awareness training shall include, at a
minimum, a review of the certification language and any changes that may
have occurred in the company\'s COI Plan or Government COI regulations.
In addition, companies are encouraged to routinely disseminate to their
employees current COI information.

I. Subcontractor\'s COI Plans

The COI Plan shall describe the process and mechanism by which the
company will monitor its subcontractors to ensure all subcontractors are
complying with the COI provisions in their contracts. It is important
that subcontractors identify and report COI as well as submit Limitation
of Future Contracting (LOFC) requests for approval.

**L.16 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND COST OR PRICING
(EPAAR 1552.215-72) (AUG 1993) DEVIATION**

(a) Technical Proposal Instructions:

    1.  Quotes are due by **[4:00 PM]{.underline}** Eastern Time on
        February 12, 2009 to EPA's Bid and Quote Room at the US
        Environmental Protection Agency, Office of Acquisition
        Management, Bid and Quote Room, Mail Code 3802R, Ronald Reagan
        Building, 6^th^ Floor.

    2.  Submit your technical proposal as a separate part of the total
        proposal package. Omit all cost or pricing data details from the
        technical proposal.

        i.  Special Technical Proposal Instructions: The Offeror shall
            provide EPA with a Technical Proposal Addressing the
            following Areas:

            1.  Technical Approach: This section will be divided into
                two parts. In the first part, the Offeror is asked
                describe in general terms how it will organize, plan and
                execute the task of maintaining an ORACLE based CBI LAN
                of the size, scope, and complexity described in the
                solicitation statement of work (SOW). The objective is
                to provide the offer a chance to demonstrate its
                knowledge and expertise of LAN based systems and ORACLE
                database applications in general. In the second part the
                Offeror is asked how to fulfill technical requirements
                in the following areas: research, evaluation,
                development and implementation of new software,
                technologies, treatment of CBI data and other security
                concerns, the development of Web based applications to
                fulfill fuel program reporting requirements. The
                objective of this part is to see how the Offeror would
                use its technical knowledge and expertise to fulfill
                EPA's specific requirements in this area.

            2.  Experience. Describe in detail the firm last 3 years
                experience in developing database systems similar to
                those described in the SOW. Areas to be addressed
                include: development tools, strategies used along with a
                description of the environment in which they are used;
                Web based applications and web sites, ORACLE and ORACLE
                related development tools, size of the applications;
                general experience in developing database systems for PC
                and LAN platforms using various database programs;
                whether these applications were stand-alone or
                multi-user; troubleshooting PCs and end user support,
                kinds of problems encountered and how were they
                overcome.

            3.  Contract Management Approach. Describe in detail the
                offeror's approach to contract management. Include a
                management plan for contractor personnel at EPA sites;
                use of teaming arrangements; sub-contractors and/or
                consultants; a detailed plan on how work progress(s) in
                each delivery order will be monitored; and how are
                conflicting priorities between delivery orders will be
                resolved.

            4.  Personnel Qualifications. Describe experience and
                approach to recruiting and retaining personnel with
                specialized technical skills. Provide a staffing plan
                which identifies proposed personnel and provide resumes
                with descriptions of relevant background experience,
                assigned duties, and qualifications. How does the
                company handle work force problems? In addition, provide
                resumes of personnel that will be working directly under
                the contract.

> \(b\) Cost or pricing Proposal Instructions:

In addition to a hard copy of the information, to expedite review of
your proposal, you are requested to submit a computer disk containing
the financial data required under 1552.215-73 (b)(2) through (b)(7), if
this information is available using a commercial spreadsheet program.
Please indicate the software program used to create the information.
Although submission of the disk will expedite review, failure to submit
the disk will not affect consideration of your proposal.

1\. General. Submit cost or pricing information in accordance with the
FAR for submission of Information Other than Cost or Pricing Data and
the following:

a)  Clearly identify separate cost or pricing associated with any:

> Options to extend the term of the contract;
>
> Option for the Government to order incremental quantities; and/or
>
> Major tasks, if required by special instructions.

b)  If the contract includes a "Fixed Rates for Services" please provide
    in your proposal a schedule duplicating the format in the clause and
    include your proposed fixed hourly rate per labor category for the
    base and any additional optional contract periods.

> 2\. Direct Labor

a)  Attach support schedules for each proposed labor category indicating
    both proposed hours and rate.

> b\) Explain the basis of the proposed labor rates.

3\. Indirect Costs (overhead, general, and administrative expenses)

> a\) If rates recently approved include a copy of the rate agreement.
>
> b\) Submit supporting documentation for rates which have not been
> approved.
>
> 4\. Travel Expenses. If in solicitation specifies the amount of travel
> costs, this amount is exclusive of any applicable indirect costs and
> fee. Attach a schedule illustrating how travel will be computed.
> Include a breakdown indicating number of trips, travelers,
> destination, purpose, and cost.
>
> 5\. Subcontracts. Identify the subcontractors if applicable. State the
> amount of service estimated to be required and rate.
>
> 6\. Equipment, facilities, and special tooling, if applicable. Submit
> along with documentation to support costs.
>
> 7\. Other direct Costs. Attach a schedule detailing how other direct
> costs were computed.

L.17 PAST PERFORMANCE INFORMATION (EPAAAR 1552.215-76) (OCT 2000)

\(a\) Offerors shall submit the information requested as part of their
proposal for both the offeror and any proposed sub-contractors for
subcontracts expected to exceed \$1,000,000. The information may be
submitted prior to other parts of the proposal in order to assist the
government in reducing the evaluation period.

\(b\) Offerors shall submit a list of all or at least three (3)
contracts and subcontracts completed in the last five (5) years, and all
contracts and subcontracts currently in process, which are similar in
nature to this requirement.

\(1\) The contracts and subcontracts listed may include those interested
into with Federal, State and local Governments, and commercial business,
which are similar in scope, magnitude, relevance and complexity to the
requirement which is described in the RFP. Include the following
information for each contract and subcontract listed.

a.  Name of contracting activity

b.  Contract number

c.  Contract Title

d.  Contract type

e.  Brief description of contract or subcontract and relevance to this
    requirement.

f.  Total contract value

g.  period of performance

h.  Contracting Officer, telephone number and email address if available

i.  Program manager/project officer, telephone number and email address
    if available

j.  Administrative Contractive, if different, telephone number and email
    address if known

k.  List of subcontractors if applicable

l.  Compliance with subcontract plan goals for small business concerns
    if applicable

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(b) Offerors should not provide general information on their
    performance. General information will be obtained from the
    references.

    1.  Offerors may provide information on problems encountered and
        corrective actions taken on the identified contracts and
        subcontracts.

    2.  References that may be contacted by the governments include
        contracting officers, project managers and other references
        identified.

    3.  If no response is received from the references the Government
        will make an attempt to contact another reference identified by
        the Offeror. The Government may also consider information
        obtained from other sources, when evaluating and offeror's part
        performance.

    4.  Attempts to obtain responses from references will not generally
        go beyond two telephonic messages and/or written requests from
        the governments unless otherwise stated in the solicitation. The
        Government is not obligated to contact all the references
        identified by the Offeror.

(c) The Offeror will be given the opportunity to address adverse past
    performance obtained from references, if that information make a
    difference to include or exclude the Offeror from the competitive
    range.

(d) Offerors must send Client Authorization Letters (See Section J of
    the Solicitation) to each reference listed in the proposal to assist
    in the timely processing of the past performance information and
    evaluation..

(e) The Offeror shall forward a copy of the Client Authorization letter
    to the Contracting Officer and the References by mail or email. All
    information to the proposal must be received by the due date/closing
    date of the proposal.

(f) In accordance with FAR 15.305(a)(2)(iv) offers with no relevant past
    performance history, or from who information on past performance is
    not available, will be evaluated neither favorably nor unfavorably
    on past performance.

SECTION M - EVALUATION FACTORS FOR AWARD

**NOTICE Listing Contract Clauses Incorporated by Reference**

NOTICE:

The following solicitation provisions and/or contract clauses pertinent
to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.204-6 APR 2008 DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

**M.1 EPA SOURCE EVALUATION AND SELECTION PROCEDURES\--NEGOTIATED
PROCUREMENTS (EPAAR 1552.215-70) (AUG 1999)**

\(a\) The Government will perform source selection in accordance with
FAR Part 15 and the EPA Source Evaluation and Selection Procedures in
EPAAR Part 1515 (48 CFR Part 1515). The significant features of this
procedure are:

\(1\) The Government will perform either cost analysis or price analysis
of the offeror's cost/business proposal in accordance with FAR Parts 15
and 31, as appropriate. In addition, the Government will also evaluate
proposals to determine contract cost or price realism. Cost or price
realism relates to an offeror's demonstrating that the proposed cost or
price provides an adequate reflection of the offeror's understanding of
the requirements of this solicitation, i.e., that the cost or price is
not unrealistically low or unreasonably high.

\(2\) The Government will evaluate technical proposals as specified in
1552.215-71, Evaluation Factors for Award.

\(b\) In addition to evaluation of the previously discussed elements,
the Government will consider in any award decision the responsibility
factors set forth in FAR Part 9.

**M.2** **EVALUATION FACTORS FOR AWARD (EPAAR 1552.215-71) (AUG 1999)
ALTERNATE I**

a\) The Government will make award to the responsible offeror(s) whose
offer conforms to the solicitation and is most advantageous to the
Government (i.e. best value) cost or other factors considered. For this
solicitation, all evaluation factors other than cost or price when
combined are significantly more important than cost or price.

\(b\) Evaluation factors and significant subfactors to determine quality
of product or service as listed below in descending order of importance:

\(1\) Technical Approach 35%

\(2\) Experience 20%

\(3\) Contract Management Approach 15%

\(4\) Personnel Qualification 15%

\(5\) Conflict of Interest Plan Pass/Fail

\(6\) Past Performance 15%

\(7\) Price and Price Related Factors

Past Performance Questionnaires are to be sent directly to Contracting
Officer at

> Environmental Protection Agency

1200 Pennsylvania Ave, NW

Mail Code: 3803R

Washington DC 20460

Email: <lyles.dianne@epa.gov>

[See Section L.16 for detailed proposal instructions.]{.underline}

**Technical Approach**

> Vendors will be evaluated on the content, clarity, quality, accuracy,
> and completeness of the written Technical Approach. Vendors will also
> be evaluated on their technical experiences in performing services
> similar in size and scope to those required in the RFQ, which
> demonstrate the Vendor\'s capability to support the requirement.

**Experience**

> Vendors will also be evaluated on their experiences in managing
> services similar in size and scope to those required in the RFQ that
> demonstrates the Vendor\'s capability for Web based applications,
> database design using ORACLE and related development tools, trouble
> shooting and end user support support requirements.

**Contract Management Approach**

> Vendors will be evaluated on the content, clarity, quality, accuracy,
> and completeness of the written Contract Management Plan. Vendors will
> also be evaluated on their experiences in managing services similar in
> size and scope to those required in the RFQ. Vendors will be evaluated
> on the ability to address the quality documentation throughout
> relationship with the EPA as well as the ability to ensure quality of
> written Procedures/Instructions for inspections, tests, process
> controls, etc.

**Personnel Qualifications**

Vendors will be evaluated on the content of its recruiting and retaining
personnel with specialized technical skills. Vendors will evaluated on
the content, clarity, accuracy and completeness of the written
documentation ensuring proposed staff meets the minimum experience and
educational requirements.

**Conflict of Interest (COI):** Pass or Fail

# Past Performance {#past-performance .TOC-1}

#   {#section .TOC-1}

> The EPA will evaluate the Vendor\'s demonstrated record of compliance
> in supplying services that meet user\'s needs, including management of
> cost, schedule, requirements and scope. Please provide present and
> past performance similar in project complexity, scope, type, and
> schedule.

# Price and Price Related Factors {#price-and-price-related-factors .TOC-1}

**M.3 EVALUATION OF OPTIONS (FAR 52.217-5) (JUL 1990)**

Except when it is determined in accordance with FAR 17.206(b) not to be
in the Government\'s best interests, the Government will evaluate offers
for award purposes by adding the total price for all options to the
total price for the basic requirements. Evaluation of options will not
obligate the Government to exercise the option(s).

**M.4 EVALUATION OF CONFLICT OF INTEREST PLAN**

The plan described in Section L. \## entitled \"CONFLICT OF INTEREST
PLAN\" will be evaluated as acceptable or not acceptable as part of the
contracting officer's responsibility determination of the contractor.
Notwithstanding any other evaluation of the offeror\'s proposal, an
offeror that submits a plan that is unacceptable at the time of award
will not be eligible for a contract award.