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<tbody>
<tr class="odd">
<td colspan="15" rowspan="2"><h1
id="solicitationcontractorder-for-commercial-items">SOLICITATION/CONTRACT/ORDER
FOR COMMERCIAL ITEMS</h1>
<h2 id="offeror-to-complete-blocks-12-17-23-24-30">Offeror to Complete
Blocks 12, 17, 23, 24, &amp; 30</h2></td>
<td colspan="11">1. Requisition Number</td>
<td colspan="5" rowspan="2">PAGE 1 OF</td>
<td colspan="4" rowspan="2">16</td>
</tr>
<tr class="even">
<td colspan="11">66165</td>
</tr>
<tr class="odd">
<td colspan="5">2. Contract No.</td>
<td colspan="5">3. Award/Effective Date</td>
<td colspan="5">4. Order Number</td>
<td colspan="11">5. Solicitation Number</td>
<td colspan="9">6. Solicitation Issue Date</td>
</tr>
<tr class="even">
<td colspan="5">DE-AF65-04WG66165</td>
<td colspan="5">     </td>
<td colspan="5">     </td>
<td colspan="11">DE-RQ65-04WG66165</td>
<td colspan="9">March 17,2004</td>
</tr>
<tr class="odd">
<td colspan="3" rowspan="2">7. For Solicitation Information Call:</td>
<td colspan="12">a. Name Lary A. Martin</td>
<td colspan="11">b. Telephone No <em>(No collect calls)</em></td>
<td colspan="9">8. Offer Due Date/Local Time</td>
</tr>
<tr class="even">
<td colspan="12">LMARTIN@WAPA.GOV</td>
<td colspan="11">602 352-2646</td>
<td colspan="9">March 30, 2004 / 12:00 PM</td>
</tr>
<tr class="odd">
<td colspan="4">9. Issued By</td>
<td colspan="4">Code G1500</td>
<td colspan="8">10. THIS ACQUISITION IS:</td>
<td colspan="12">11. Delivery for FOB Destination unless block is
marked.</td>
<td colspan="7">12. Discount Terms</td>
</tr>
<tr class="even">
<td colspan="8" rowspan="8"><p>U.S. DEPT OF ENERGY</p>
<p>WESTERN AREA POWER ADMIN</p>
<p>615 S 43rd AVENUE</p>
<p>PHOENIZ, AZ 85009-5313</p></td>
<td></td>
<td colspan="3"> </td>
<td colspan="4">Unrestricted</td>
<td colspan="12"></td>
<td colspan="7">     </td>
</tr>
<tr class="odd">
<td></td>
<td colspan="3">X</td>
<td colspan="4">Set-Aside 100 % for</td>
<td colspan="4"></td>
<td> </td>
<td colspan="7">See Schedule</td>
<td colspan="7">     </td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td colspan="12"></td>
<td colspan="7">     </td>
</tr>
<tr class="odd">
<td></td>
<td colspan="2">X</td>
<td colspan="5">Small Business</td>
<td></td>
<td colspan="2"> </td>
<td colspan="16" rowspan="2">13a. This contract is a rated order under
DPAS(15 CFR 700)</td>
</tr>
<tr class="even">
<td></td>
<td colspan="2"> </td>
<td colspan="5">Small Disadv. Business</td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="2"> </td>
<td colspan="5">8(A)</td>
<td colspan="19">13b. Rating      </td>
</tr>
<tr class="even">
<td colspan="5">NAIC: 562211</td>
<td colspan="3"></td>
<td colspan="19">14. Method of Solicitation</td>
</tr>
<tr class="odd">
<td colspan="5">Size Standard:</td>
<td colspan="3"><u>$10.5 M</u></td>
<td colspan="8"></td>
<td>X</td>
<td colspan="2">RFQ</td>
<td> </td>
<td colspan="4">IFB</td>
<td> </td>
<td colspan="2">RFP</td>
</tr>
<tr class="even">
<td colspan="6">15. Deliver To</td>
<td colspan="7">Code PAO-WHSE</td>
<td colspan="17">16. Administered By</td>
<td colspan="5">Code      </td>
</tr>
<tr class="odd">
<td colspan="13"><p>See Attachment A</p>
<p>     </p></td>
<td colspan="22"><p>Western Area Power Administration</p>
<p>P.O. Box 6457</p>
<p>Phoenix, AZ 85005-6457</p>
<p>     </p>
<p>     </p></td>
</tr>
<tr class="even">
<td colspan="4">17a. Contractor/Offeror</td>
<td colspan="9">Code       Fac Code      </td>
<td colspan="10">18a. Payment Will Be Made By</td>
<td colspan="12">Code      </td>
</tr>
<tr class="odd">
<td colspan="13" rowspan="4">DUN:_____________</td>
<td colspan="22" rowspan="5"><p>Corporate Services Office</p>
<p>Western Area Power Administration</p>
<p>Attn: Accounts Payable A8210</p>
<p>P.O. Box 281111</p>
<p>Lakewood, CO 80228-8111</p></td>
</tr>
<tr class="even">
</tr>
<tr class="odd">
</tr>
<tr class="even">
</tr>
<tr class="odd">
<td colspan="7">Phone No.</td>
<td colspan="6">TIN:</td>
</tr>
<tr class="even">
<td colspan="13">17b. Check below if remittance is different and put
such address in offer.</td>
<td colspan="22">18b. Submit invoices to address shown in block 18a
unless box below is checked.</td>
</tr>
<tr class="odd">
<td>     </td>
<td colspan="12"></td>
<td>     </td>
<td colspan="21">See Addendum.</td>
</tr>
<tr class="even">
<td colspan="2"><p>19.</p>
<p>ITEM NO.</p></td>
<td colspan="11"><p>20.</p>
<p>SCHEDULE OF SUPPLIES/SERVICES</p></td>
<td colspan="5"><p>21.</p>
<p>QUANTITY</p></td>
<td colspan="4"><p>22.</p>
<p>UNIT</p></td>
<td colspan="7"><p>23.</p>
<p>UNIT PRICE</p></td>
<td colspan="5"><p>24.</p>
<p>AMOUNT</p></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="11">SEE PAGE 2</td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td colspan="11"></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="11"></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td colspan="11"></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="11"></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td colspan="11"></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>B.1</strong></td>
<td colspan="11"><strong>(b) Continuation of any block from
SF1449</strong></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td colspan="11"><p><strong>SUPPLIES/SERVICES AND
PRICES/COSTS</strong></p>
<p><strong>REMOVAL, TRANSPORTATION, AND DISPOSAL/RECYCLING OF ELECTRICAL
EQUIPMENT AND OIL FROM HOOVER A&amp;N SWITCHYARD</strong></p></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>001</strong></td>
<td colspan="11">Drain and dispose of bushings and PCB oil.</td>
<td colspan="5">28</td>
<td colspan="4">EA</td>
<td colspan="7">$______________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>002</strong></td>
<td colspan="11">Drain and dispose/recycle bushings and non-PCB
oil.</td>
<td colspan="5">2</td>
<td colspan="4">EA</td>
<td colspan="7">$______________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>003</strong></td>
<td colspan="11">Drain and dispose of oil, spare bushing and
containment.</td>
<td colspan="5">1</td>
<td colspan="4">LS</td>
<td colspan="7">$______________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>004</strong></td>
<td colspan="11">Dispose of possible asbestos insulated conduit</td>
<td colspan="5">500</td>
<td colspan="4">LF</td>
<td colspan="7">$_________________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>005</strong></td>
<td colspan="11">Dispose of assembly starting contacts</td>
<td colspan="5">2</td>
<td colspan="4">EA</td>
<td colspan="7">$______________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>006</strong></td>
<td colspan="11">Dispose of coupling capacitor voltage transformers</td>
<td colspan="5">3</td>
<td colspan="4">EA</td>
<td colspan="7">$_________________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>007</strong></td>
<td colspan="11">Dispose of oil in drums</td>
<td colspan="5">5</td>
<td colspan="4">EA</td>
<td colspan="7">$_________________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>008</strong></td>
<td colspan="11">Dispose of oil contaminated soil in drums from around
piping.</td>
<td colspan="5">10</td>
<td colspan="4">EA</td>
<td colspan="7">$_________________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>009</strong></td>
<td colspan="11">Dispose of oil piping segments</td>
<td colspan="5">500</td>
<td colspan="4">LF</td>
<td colspan="7">$_________________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>010</strong></td>
<td colspan="11">Dispose of lead-shielded wiring</td>
<td colspan="5">500</td>
<td colspan="4">LF</td>
<td colspan="7">$______________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>011</strong></td>
<td colspan="11">Remove and dispose of temporary storage facility</td>
<td colspan="5">1</td>
<td colspan="4">LS</td>
<td colspan="7">$______________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>012</strong></td>
<td colspan="11">Drain and dispose/recycle non-PCB oil from an above
ground storage tank.</td>
<td colspan="5">7,300</td>
<td colspan="4">Gal</td>
<td colspan="7">$______________</td>
<td colspan="5">$______________</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="11"></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"><p><strong>TOTAL:</strong></p>
<p><strong>(Total of Items 001-014)</strong></p></td>
<td colspan="5">$______________</td>
<td></td>
</tr>
</tbody>
</table>

**(c) Contract clauses:**

1.  **52.212-4 CONTRACT TERMS AND CONDITIONS\--COMMERCIAL ITEMS (OCT
    2003), by reference (see SF 1449 block 27a)**

**Any addendum to 52.212-4:**

**2. 952.202-1 DEFINITIONS** **(JAN 1997)**

\(a\) \"Head of Agency\" means the Secretary, Deputy Secretary or Under
Secretary of the Department of Energy and the Chairman, Federal Energy
Regulatory Commission.

\(b\) \"Commercial item\" means\--

\(1\) Any item, other than real property, that is of a type customarily
used for nongovernmental purposes and that\--

\(i\) Has been sold, leased, or licensed to the general public; or

\(ii\) Has been offered for sale, lease, or license to the general

public;

\(2\) Any item that evolved from an item described in paragraph (c)(1)
of this clause through advances in technology or performance and that is
not yet available in the commercial marketplace, but will be available
in the commercial marketplace in time to satisfy the delivery
requirements under a Government solicitation;

\(3\) Any item that would satisfy a criterion expressed in paragraphs

(c)(1) or (c)(2) of this clause, but for\--

\(i\) Modifications of a type customarily available in the commercial
marketplace; or

\(ii\) Minor modifications of a type not customarily available in the
commercial marketplace made to meet Federal Government requirements.

\"Minor\" modifications means modifications that do not significantly

alter the nongovernmental function or essential physical

characteristics of an item or component, or change the purpose of a

process. Factors to be considered in determining whether a

modification is minor include the value and size of the modification and
the comparative value and size of the final product. Dollar values and
percentages may be used as guideposts, but are not conclusive evidence
that a modification is minor;

\(4\) Any combination of items meeting the requirements of paragraphs

(c)(1), (2), (3), or (5) of this clause that are of a type customarily
combined and sold in combination to the general public;

\(5\) Installation services, maintenance services, repair services,

training services, and other services if such services are procured for
support of an item referred to in paragraphs (c)(1), (2), (3), or (4) of
this clause, and if the source of such services\--

\(i\) Offers such services to the general public and the Federal

Government contemporaneously and under similar terms and Conditions; and

\(ii\) Offers to use the same work force for providing the Federal

Government with such services as the source uses for providing such

services to the general public;

\(6\) Services of a type offered and sold competitively in substantial
quantities in the commercial marketplace based on established catalog or
market prices for specific tasks performed under standard commercial
terms and conditions. This does not include services that are sold based
on hourly rates without an established catalog or market price for a
specific service performed;

\(7\) Any item, combination of items, or service referred to in

subparagraphs (c)(1) through (c)(6), notwithstanding the fact that the
item, combination of items, or service is transferred between or among
separate divisions, subsidiaries, or affiliates of a Contractor; or

\(8\) A nondevelopmental item, if the procuring agency determines the

item was developed exclusively at private expense and sold in
substantial quantities, on a competitive basis, to multiple State and
local Governments.

\(d\) Component means any item supplied to the Federal Government as
part of an end item or of another component.

\(e\) Nondevelopmental item means\--

\(1\) Any previously developed item of supply used exclusively for

governmental purposes by a Federal agency, a State or local government,
or a foreign government with which the United States has a mutual
defense cooperation agreement;

\(2\) Any item described in paragraph (e)(1) of this definition that

requires only minor modification or modifications of a type customarily
available in the commercial marketplace in order to meet the
requirements of the procuring department or agency; or

\(3\) Any item of supply being produced that does not meet the

requirements of paragraph (e)(1) or (e)(2) solely because the item is
not yet in use.

\(f\) \"Contracting Officer\" means a person with the authority to enter
into, administer, and/or terminate contracts and make related
determinations and findings. The term includes certain authorized
representatives of the Contracting Officer acting within the limits of
their authority as delegated by the Contracting Officer.

\(g\) Except as otherwise provided in this contract, the term
\"subcontracts\" includes, but is not limited to, purchase orders and
changes and modifications to purchase orders under this contract.

\(h\) The term \"DOE\" means the Department of Energy and \"FERC\" means
the Federal Energy Regulatory Commission.

## **3.** **52.204-7 Central Contractor Registration.**  **(Oct 2003)**

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

\"Central Contractor Registration (CCR) database\" means the primary
Government repository for Contractor information required for the
conduct of business with the Government.

\"Data Universal Numbering System (DUNS) number\" means the 9-digit
number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique
business entities.

\"Data Universal Numbering System +4 (DUNS+4) number\" means the DUNS
number assigned by D&B plus a 4-character suffix that may be assigned by
a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of
the business concern to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see the FAR at
Subpart 32.11) for the same parent concern.

\"Registered in the CCR database\" means that-

\(1\) The Contractor has entered all mandatory information, including
the DUNS number or the DUNS+4 number, into the CCR database; and

\(2\) The Government has validated all mandatory data fields and has
marked the record \"Active\".

(b)(1) By submission of an offer, the offeror acknowledges the
requirement that a prospective awardee shall be registered in the CCR
database prior to award, during performance, and through final payment
of any contract, basic agreement, basic ordering agreement, or blanket
purchasing agreement resulting from this solicitation.

\(2\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation \"DUNS\" or \"DUNS +4\"
followed by the DUNS or DUNS +4 number that identifies the offeror\'s
name and address exactly as stated in the offer. The DUNS number will be
used by the Contracting Officer to verify that the offeror is registered
in the CCR database.

\(c\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.

\(1\) An offeror may obtain a DUNS number-

\(i\) If located within the United States, by calling Dun and Bradstreet
at 1-866-705-5711 or via the Internet at *http://www.dnb.com*; or

\(ii\) If located outside the United States, by contacting the local Dun
and Bradstreet office.

\(2\) The offeror should be prepared to provide the following
information:

\(i\) Company legal business.

\(ii\) Tradestyle, doing business, or other name by which your entity is
commonly recognized.

\(iii\) Company Physical Street Address, City, State, and Zip Code.

\(iv\) Company Mailing Address, City, State and Zip Code (if separate
from physical).

\(v\) Company Telephone Number.

\(vi\) Date the company was started.

\(vii\) Number of employees at your location.

\(viii\) Chief executive officer/key manager.

\(ix\) Line of business (industry).

\(x\) Company Headquarters name and address (reporting relationship
within your entity).

\(d\) If the Offeror does not become registered in the CCR database in
the time prescribed by the Contracting Officer, the Contracting Officer
will proceed to award to the next otherwise successful registered
Offeror.

\(e\) Processing time, which normally takes 48 hours, should be taken
into consideration when registering. Offerors who are not registered
should consider applying for registration immediately upon receipt of
this solicitation.

\(f\) The Contractor is responsible for the accuracy and completeness of
the data within the CCR database, and for any liability resulting from
the Government\'s reliance on inaccurate or incomplete data. To remain
registered in the CCR database after the initial registration, the
Contractor is required to review and update on an annual basis from the
date of initial registration or subsequent updates its information in
the CCR database to ensure it is current, accurate and complete.
Updating information in the CCR does not alter the terms and conditions
of this contract and is not a substitute for a properly executed
contractual document.

\(g\)

\(1\)

\(i\) If a Contractor has legally changed its business name, \"doing
business as\" name, or division name (whichever is shown on the
contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in Subpart 42.12, the Contractor
shall provide the responsible Contracting Officer a minimum of one
business day\'s written notification of its intention to (A) change the
name in the CCR database; (B) comply with the requirements of Subpart
42.12 of the FAR; and (C) agree in writing to the timeline and
procedures specified by the responsible Contracting Officer. The
Contractor must provide with the notification sufficient documentation
to support the legally changed name.

\(ii\) If the Contractor fails to comply with the requirements of
paragraph (g)(1)(i) of this clause, or fails to perform the agreement at
paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly
executed novation or change-of-name agreement, the CCR information that
shows the Contractor to be other than the Contractor indicated in the
contract will be considered to be incorrect information within the
meaning of the \"Suspension of Payment\" paragraph of the electronic
funds transfer (EFT) clause of this contract.

\(2\) The Contractor shall not change the name or address for EFT
payments or manual payments, as appropriate, in the CCR record to
reflect an assignee for the purpose of assignment of claims (see FAR
Subpart 32.8, Assignment of Claims). Assignees shall be separately
registered in the CCR database. Information provided to the
Contractor\'s CCR record that indicates payments, including those made
by EFT, to an ultimate recipient other than that Contractor will be
considered to be incorrect information within the meaning of the
\"Suspension of payment\" paragraph of the EFT clause of this contract.

\(h\) Offerors and Contractors may obtain information on registration
and annual confirmation requirements via the internet at
*http://www.ccr.gov* or by calling 1-888-227-2423, or 269-961-5757.

4.  **LG.0000-0010 APPOINTMENT OF CONTRACTING OFFICER\'S REPRESENTATIVE
    (COR) AND ALTERNATE COR (WAPA 1/96)**

The following duties have been assigned to John Holt who is appointed
COR, and to N/A who is appointed Alternate COR. The COR and Alternate
COR shall prepare memorandums for record (MFR) of all meetings, trips,
and telephone conversations relating to this contract. Each MFR, other
similar records, and all correspondence relating to the contract shall
cite the contract number. The COR and Alternate COR duties are as
follows:

\(a\) Monitor technical compliance. Ensure that the contractor complies
with all technical requirements of the work as defined in the scope of
work and specifications including the submission of reports, data,
documentation, etc. In this connection:

\(1\) Inform the CO, in writing, of any performance failure by the
contractor.

\(2\) Inform the CO if it is evident the contract will not be completed
according to schedule.

\(3\) Ensure that the Government meets its contract obligations to the
contractor. This includes, but is not limited to, Government- furnished
equipment and services called for in the contract, and timely Government
comment on or approval of contract deliverables as may be required by
the contract.

\(4\) Inform the CO, in writing, of any needed changes in the narrative
scope of work as contained in the contract, either those initiated by
the COR, the Alternate COR, or the contractor. Proposed revisions to the
scope of work which result in monetary changes to the contract must be
accompanied by a procurement request. Contract changes which do not
involve funds may be requested by memorandum to the CO.

\(5\) Issue technical directions.

\(b\) Monitor administrative tasks and fund expenditures. (If support
service contract).

\(1\) Notify the CO and the appropriate budget personnel immediately of
any indication that the cost to the Government for completing
performance under the contract will exceed the amount stated in the
contract, or of any indication that costs are being incurred which are
not appropriately chargeable to the contract.

\(2\) Review and concur on payment vouchers regarding the percent of
technical completion for items or services accepted under the contract
(in accordance with contract provisions or local procedures, as
appropriate).

\(3\) Review and concur with the final payment voucher; i.e., the items
or services accepted under the contract in accordance with contract
provisions or local procedures, as appropriate.

\(4\) Notify the CO immediately of the contractor\'s failure (1) to
provide or deliver any required supplies, equipment, or services
(including submission of plans or drawings) or (2) to make progress on
construction contracts consistent with agreed upon progress schedules.

\(5\) Review contractor requests for training and travel and approve or
disapprove, as appropriate. Monitor travel and training expenses
submitted by the contractor.

\(c\) Monitor property management (If Applicable).

\(1\) As requested by the CO, review and comment on the contractor\'s
request for Government-furnished facilities, supplies, materials, and
equipment and forward the request to the CO for disposition.

\(2\) As requested by the CO, review and comment on the contractor\'s
request for consent to purchase of supplies, materials, and equipment
and forward the request to the CO for disposition.

\(d\) Resolve technical differences. Assist the contractor in
interpreting technical requirements of the contract\'s scope of work.
All technical questions arising out of the contract which cannot be
resolved without increasing costs, alterations or changes to the
contract scope, or the incurrence of unresolvable differences should be
reported in writing to the CO. The report should contain the facts and
recommendations.

\(e\) Assist in the closeout of the contract. Upon completion of the
work, forward to the CO a written statement attesting to the
contractor\'s completion of technical performance under the contract,
delivery and acceptance of all goods and services for which inspection
and acceptance are herein delegated, and a statement as to the
contractor\'s performance of the contract.

\(f\) In the performance of their duties, the COR and the Alternate COR
are NOT authorized to:

\(1\) Negotiate terms or make any agreements or commitments with the
contractor which modify the contract provisions or the scope of work.

\(2\) Direct, redirect, or assign work outside the scope of work or take
any action which would constitute a change as defined in the \"changes\"
clause.

\(3\) Cause an increase or decrease in the total contract price,
estimated cost, the fixed fee (if any), or the time required for
contract performance.

\(4\) Interfere with the contractor\'s right to perform under the terms
and conditions of the contract.

\(g\) The authority and responsibilities as a COR or an Alternate COR
are individually delegated and may not be redelegated. If the COR or
Alternate COR are absent or otherwise not available and technical
direction is required to be issued to the contractor, the only other
person who is authorized to issue such direction is the CO. No person
other than the CO is authorized to sign a technical direction letter
\"for\" the COR, nor can anyone acting in the official duty position
assume COR authority.

## **5.** **52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items.** 

Contract Terms and Conditions Required to Implement Statutes or
Executive Orders-Commercial Items (Jan 2004)

\(a\) The Contractor shall comply with the following Federal Acquisition
Regulation (FAR) clause, which is incorporated in this contract by
reference, to implement provisions of law or Executive orders applicable
to acquisitions of commercial items: 52.233-3, Protest after Award (Aug
1996) (31 U.S.C. 3553).

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

\[*Contracting Officer check as appropriate*.\]

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

\_\_ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15
U.S.C. 657a).

\_\_ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (Jan 1999) (if the offeror elects to waive the
preference, it shall so indicate in its offer) (15 U.S.C. 657a).

\_\_ (4)(i)  52.219-5, Very Small Business Set-Aside (June 2003) (Pub.
L. 103-403, section 304, Small Business Reauthorization and Amendments
Act of 1994).

\_\_ (ii) Alternate I (Mar 1999) of 52.219-5.

\_\_ (iii) Alternate II (June 2003) of 52.219-5.

\_**X**\_ (5)(i)  52.219-6, Notice of Total Small Business Set-Aside
(June 2003) (15 U.S.C. 644).

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

\_\_ (6)(i)  52.219-7, Notice of Partial Small Business Set-Aside (June
2003) (15 U.S.C. 644).

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

\_**X**\_ (7) 52.219-8, Utilization of Small Business Concerns (Oct
2000) (15 U.S.C. 637(d)(2) and (3)).

\_\_ (8)(i)  52.219-9, Small Business Subcontracting Plan (Jan 2002) (15
U.S.C. 637(d)(4).

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

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

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

\_\_ (10)(i)  52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (June 2003) (Pub. L. 103-355, section
7102, and 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.

\_\_ (11) 52.219-25, Small Disadvantaged Business Participation
Program-Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355,
section 7102, and 10 U.S.C. 2323).

\_\_ (12) 52.219-26, Small Disadvantaged Business Participation
Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section
7102, and 10 U.S.C. 2323).

\_**X**\_ (13) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

\_**X**\_ (14) 52.222-19, Child Labor-Cooperation with Authorities and
Remedies (Jan 2004) (E.O. 13126).

\_**X**\_ (15) 52.222-21, Prohibition of Segregated Facilities (Feb
1999).

\_**X**\_ (16) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

\_**X**\_ (17) 52.222-35, Equal Opportunity for Special Disabled
Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec
2001) (38 U.S.C. 4212).

\_**X**\_ (18) 52.222-36, Affirmative Action for Workers with
Disabilities (Jun 1998) (29 U.S.C. 793).

\_**X**\_ (19) 52.222-37, Employment Reports on Special Disabled
Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec
2001) (38 U.S.C. 4212).

\_\_ (20)(i)  52.223-9, Estimate of Percentage of Recovered Material
Content for EPA-Designated Products (Aug 2000) (42 U.S.C.
6962(c)(3)(A)(ii)).

\_\_ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

\_ \_ (21) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C.
10a-10d).

\_\_ (22)(i)  52.225-3, Buy American Act-Free Trade Agreements-Israeli
Trade Act (Jan 2004) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C.
2112 note, Pub. L. 108-77, 108-78).

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

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

\_\_ (23) 52.225-5, Trade Agreements (Jan 2004) (19 U.S.C. 2501, *et
seq*., 19 U.S.C. 3301 note).

\_\_ (24) 52.225-13, Restrictions on Certain Foreign Purchases (Oct
2003) (E.o.s, proclamations, and statutes administered by the Office of
Foreign Assets Control of the Department of the Treasury).

\_\_ (25) 52.225-15, Sanctioned European Union Country End Products (Feb
2000) (E.O. 12849).

\_\_ (26) 52.225-16, Sanctioned European Union Country Services (Feb
2000) (E.O. 12849).

\_\_ (27) 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)).

\_\_ (28) 52.232-30, Installment Payments for Commercial Items (Oct
1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

\_**X**\_ (29) 52.232-33, Payment by Electronic Funds Transfer-Central
Contractor Registration (Oct 2003) (31 U.S.C. 3332).

\_\_ (30) 52.232-34, Payment by Electronic Funds Transfer-Other than
Central Contractor Registration (May 1999) (31 U.S.C. 3332).

\_\_ (31) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

\_\_ (32) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.
552a).

\_\_ (33)(i)   52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (Apr 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631)..

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

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

\[*Contracting Officer check as appropriate.*\]

\_**X**\_ (1) 52.222-41, Service Contract Act of 1965, as Amended (May
1989) (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) (May 1989) (29
U.S.C. 206 and 41 U.S.C. 351, *et seq*.).

\_**X**\_ (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) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to
Successor Contract Pursuant to Predecessor Contractor Collective
Bargaining Agreements (CBA) (May 1989) (41 U.S.C. 351, *et seq*.).

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

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

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

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

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

\(i\) 52.219-8, Utilization of Small Business Concerns (Oct 2000) (15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further
subcontracting opportunities. If the subcontract (except subcontracts to
small business concerns) exceeds \$500,000 (\$1,000,000 for construction
of any public facility), the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.

\(ii\) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

\(iii\) 52.222-35, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38
U.S.C. 4212).

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

\(v\) 52.222-41, Service Contract Act of 1965, as Amended (May 1989),
flow down required for all subcontracts subject to the Service Contract
Act of 1965 (41 U.S.C. 351, *et seq*.).

\(vi\) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Apr 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631). Flow down
required in accordance with paragraph (d) of FAR clause 52.247-64.

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

6.  **LH.0000-0068 UNCLASSIFIED FOREIGN VISITS AND ASSIGNMENTS (WAPA
    11/2001)**

Pursuant to Orders DOE N 142.1 and DOE P 142.1, Western Area Power
Administration (WAPA) must be notified in advance of any foreign
visitors (visits less than 30 days) or foreign assignees (assignments
over 30 days) working under contract for WAPA. In order to determine
whether a contract employee is a foreign visitor or assignee, the
Contractor must ensure each employee working under this contract that
may visit or be assigned to work on a WAPA facility completes the
Citizenship Form attached to this contract and submit it to the
Contracting Officer\'s Representative (COR) no later than 10 days after
contract award. Based on the information received, if the contract
employee is a foreign national or non-U.S. citizen, the contract
employee will be required to complete the Foreign National Data Card,
WAPA Form 3000-72, also attached to this contract. All foreign visits
and assignments will be managed consistent with the DOE N 142.1 and DOE
P 142.1. The COR will ensure that the Citizenship Forms are completed
and submitted to the Corporate Services Office (CSO) Security Office
within 10 days after contract award. If the Security Office determines
that the WAPA Form 3000-72 is also required, the Security Office will
notify the COR and the COR shall obtain the required form(s) from the
Contractor\'s employees and submit it to the Regional Manager or
Administrator for signature. The form(s) will then be forwarded to the
CSO Security Office in order to input the information into the HQ DOE
Foreign Access Central Tracking System (FACTS) Database. If the foreign
visitor or assignee is from a sensitive country, the information must be
forwarded to the CSO Security Office a minimum of 30 days in advance of
the visit or assignment so that HQ DOE Security can do a complete
background check. A list of current sensitive countries is located at:
www.cso.wapa.gov/cpo/3700/sensitivecountries.htm. If the foreign visitor
is from a non-sensitive country, the COR must submit the form(s) to the
CSO Security Office, along with the appropriate Regional Manager or
Administrator\'s signature, a minimum of 5 days in advance of the visit
or assignment. The Security Office will have the final determination on
approving or denying any visit or assignment.

**7. LH.0000-0078 LOBBYING RESTRICTION (ENERGY AND WATER DEVELOPMENT
APPROPRIATIONS ACT, 2003 (WAPA, 6/2003)**

The contractor agrees that none of the funds obligated on this award
shall be expended, directly or indirectly, to influence Congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as described
in 18 U.S.C. 1913. This restriction is in addition to those prescribed
elsewhere in statute and regulation.

**8.** **LH.0000-0079 NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS \--SENSE OF CONGRESS (WAPA, 1/2001)**

It is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds made
available under this award should be American-made.

##### TABLE OF CONTENTS

### 

STATEMENT OF WORK

FOR

REMOVAL, TRANSPORTATION, AND DISPOSAL/RECYCLING OF ELECTRICAL EQUIPMENT
AND OIL

FROM

HOOVER A&N SWITCHYARD

# United States Department of Energy

# Western Area Power Administration

**615 South 43rd Avenue**

**Phoenix, Arizona 85009**

**Technical Point of Contact: Enoe Marcum (602) 352-2422 Fax (602)
352-2414**

1\. [PURPOSE]{.underline}

The purpose of this Statement of Work (SOW) is to obtain equipment,
labor, materials, expertise and associated services to drain, load,
transfer, transport, and dispose/recycle electrical equipment and oil
located in Clark County, Nevada. See attached inventory list.

2\. [QUALIFICATIONS]{.underline}

> The Contractor's bid or proposal must include a Statement of
> Qualifications indicating expertise in PCB handling and disposal,
> including employee training program information, a Spill Prevention
> Plan, and Environmental Liability Insurance policy statement.

3.  [CONTRACTOR COMPLIANCE]{.underline}

> The Contractor shall comply with the following:

a\. Toxic Substances Control Act (40 CFR 761)

b\. Department of Transportation (49 CFR 171-172)

c\. Occupational Safety and Health Administration (Federal and State)

> The Contractor shall be required to meet all applicable Federal,
> State, and local laws, regulations, and ordinances governing the
> handling, manifesting, loading, removal, transportation and disposal
> of the oil and equipment. If there is a conflict between these
> regulations and other applicable Federal, State, and local regulations
> and the specifications of this SOW, the more stringent requirements
> shall prevail.

4\. [WORK LOCATIONS]{.underline}

a.  The Hoover A&N Switchyard is located in Clark County, Nevada, ZIP
    Code 89005. A site visit is scheduled for Tuesday, March 23, 2004 at
    10:00 a.m. pacific time. Contact Enoe Marcum, 602-352-2422 for
    additional information.

5\. [TECHNICAL POINT OF CONTACT]{.underline}

> Western\'s Technical Point of Contact (TPC) is Enoe Marcum, G0410,
> Western Area Power Administration, P.O. Box 6457, Phoenix, AZ
> 85005-6457, and Phone -(602) 352-2422, Fax - (602) 352-2414.

6.  [UTILITIES]{.underline}

Electrical power and water are not available on the job site. The
Contractor shall provide the utilities necessary to perform the work
required in this statement of work and shall provide its own bathroom
facilities.

7\. [SERVICES TO BE PERFORMED BY THE CONTRACTOR]{.underline}

a\. The Contractor shall commence work within 10 days after receiving
award. Work on the following bidding schedule items shall be completed
within 30 days after work start date:

1.  **Bidding schedule items "Drain and dispose of bushings and PCB oil"
    and "Drain and dispose/recycle bushings and non-PCB oil"** includes
    sampling, testing, draining and disposing/recycling of potentially
    PCB oil and bushings and disposing/recycling non-PCB oil and
    bushings. Western has not sampled or tested any of these bushings,
    but it is estimated that 28 bushings may contain PCB oil and 2
    bushings may contain non-PCB oil. The Contractor shall sample and
    drain all thirty (30) bushings and shall provide Western's TPC with
    a copy of the analytical report. Once the PCB concentration is
    identified from laboratory results, the Contractor shall transport
    and dispose/recycle the oil and the drained bushings in accordance
    with all applicable regulations. Proof of a minimum of three jobs
    draining large bushings that normally have no draining feature will
    be required. Contractor shall provide job listings and contacts.

2.  **Bidding schedule item "Drain and dispose of oil, spare bushing and
    containment"** includes sampling, testing, draining and disposing of
    potentially PCB oil, bushing and container. The bushing is
    approximately twelve (12) feet long by three (3) feet in
    circumference (center), contains approximately 55 gallons of oil and
    weighs approximately one thousand nine hundred and thirty-five
    (1,935) pounds. The container that the bushing is in, is
    approximately four (4) feet high by two (2) feet in circumference,
    may contain up to ten (10) gallons of oil and weighs approximately
    300 pounds. The Contractor shall sample and drain oil from the
    bushing and the container and shall provide Western's TPC with a
    copy of the analytical report. Once the PCB concentration is
    identified from laboratory results, the Contractor shall transport
    and dispose/recycle the oil and the drained bushings in accordance
    with all applicable regulations.

3.  **Bidding schedule item "Dispose of possible asbestos insulated
    conduit"** includes sampling and disposing of approximately 500
    linear feet of insulated conduit which may contain asbestos
    material. The Contractor shall sample the conduit insulation, have
    it tested for asbestos content and provide Western's TPC with a copy
    of the analytical report. Once it is determined whether the
    insulation contains asbestos or not, the contractor shall dispose of
    the conduit in accordance with all regulations.

4.  **Bidding schedule item "Dispose of assembly starting contacts"**
    includes disposal/recycling of two oil-filled assembly-starting
    contacts. Each unit contains approximately 55 gallons of non-PCB oil
    (1.9ppm and 16 ppm PCB), is approximately four (4) feet high by
    three (3) feet diameter and weighs approximately seven (700) pounds.
    One of the units appears to contain oil and water mixture. The
    Contractor shall transport and dispose/recycle the oil and the units
    according to all applicable regulations.

5.  **Bidding schedule item "Dispose of Coupling Capacitor Voltage
    Transformers"** includes disposing of three assumed PCB coupling
    capacitor voltage transformers. These units are hermetically sealed
    and cannot be sampled; the Contractor shall transport and dispose of
    them in accordance with all applicable regulations. Each transformer
    is approximately eight (8) feet high with a three (3) foot square
    base and weighs approximately seven hundred (700) pounds and
    contains approximately five (5) gallons of oil.

6.  **Bidding schedule item "Dispose of oil in drums"** includes
    sampling, testing and disposal/recycling of approximately five (5)
    55-gallon drums of oil that shall be removed by another contractor
    from oil piping in the switchyard. The Contractor shall sample and
    test the oil contained in drums and shall provide Western's TPC with
    a copy of the analytical report. Once the PCB content of the oil is
    identified from laboratory results the Contractor shall transport,
    dispose/recycle it according to all applicable regulations.

7.  **Bidding schedule item "Dispose of oil contaminated soil in drums
    from around piping"** includes the disposal of approximately
    ten (10) 55-gallon drums of possibly PCB oil contaminated soil that
    may be removed by another contractor and stored in the drums.

8.  **Bidding schedule item "Dispose of oil piping"** includes the
    disposal of approximately 500 linear feet of above and below ground
    oil piping that has been cut into manageable lengths and packaged
    and placed in the temporary storage area.

9.  **Bidding schedule item "Dispose of lead-shielded wire"** includes
    the disposal of approximately 500 linear feet of lead-shielded
    wiring in accordance with all regulations.

10. **Bidding schedule item "Remove and dispose of temporary storage
    facility"** includes the removal of all traces of the temporary
    storage facility located in the switchyard. The temporary storage
    facility consists of approximately twenty cubic yards of earth berms
    lined with 2 layers of 12-ml plastic sheeting. A sand bedding
    beneath the plastic may also be present. Prior to disposing of the
    temporary storage facility, the Contractor shall sample and test oil
    contaminated soil and shall provide Western's TPC with a copy of the
    analytical report. Once the PCB content is identified from
    laboratory results, the Contractor shall transport and dispose the
    soil in accordance with all applicable regulations. A limited of
    amount of soil remediation may be required.

11. **Bidding schedule item "Drain up to 7,300 gallons of non-PCB oil"**
    includes draining approximately 7,300 gallons of non-PCB (4.5 ppm)
    oil from an above ground storage tank. There are two tanks in the
    yard; the one on the south side is the one to be drained. It may be
    necessary to drain this tank before the other line items in this
    scope of work are addressed.

8\. [OIL DISPOSAL]{.underline}

Once the PCB content of the oil has been identified from laboratory
results, the oil shall be loaded, transported and disposed, recycled or
reprocessed according to (40 CFR 761 (if applicable), Resource
Conservation and Recovery Act (RCRA) "used oil", and other applicable
regulations. Used oil may be transported only by EPA-registered used oil
transporters. The oil must be stored in containers provided by the
Contractor that are labeled "Used Oil". Use only U.S. transporters and
disposal sites approved by Western. All PCB items shall be shipped under
the appropriate disposal state's Uniform Hazardous Waste Manifest. The
Uniform Hazardous Waste Manifest shall be prepared by the Contractor and
reviewed and signed by a Western representative. The Contractor shall
determine the proper placards and be responsible for obtaining all
transportation permits at its own expense.

9\. [OIL SPILLS]{.underline}

> The Contractor is solely liable for all expenses related to spills,
> mishandling or incidents of regulated material attributable to his
> actions or the actions of his subcontractors. This includes all
> response, investigation, cleanup, disposal, permitting, reporting and
> requirements from applicable environmental regulation agencies.

10\. [EQUIPMENT DISPOSAL]{.underline}

> The Contractor is responsible for loading, unloading, and transporting
> all equipment to the disposal site. Use only transporters and disposal
> sites approved by Western. All equipment shall be disposed of in
> accordance with Federal, State, and local requirements. Recycling is
> the preferred method of disposal for equipment which is not
> contaminated. All PCB items shall be shipped under the appropriate
> disposal state's Uniform Hazardous Waste Manifest. The Uniform
> Hazardous Waste Manifest shall be prepared by the Contractor and
> reviewed and signed by a Western representative. The Contractor shall
> determine the proper placards and be responsible for obtaining all
> transportation permits at its own expense.

11\. [DOCUMENTATION OF RECYCLING/DISPOSAL]{.underline}

> The Contractor shall supply Western, within thirty days, documentation
> of the weight and/or amount of gallons of materials recycled and the
> weight and/or gallons of materials disposed of. The Contractor shall
> record quantities of the oil that is recycled, reused or reprocessed
> in gallons and separate by type - \<2ppm PCB, 2 to 50ppm PCB and 50 or
> greater ppm PCB. The Contractor shall provide, within 45 days from
> completion, complete documentation of all movement and disposal to
> verify that the equipment and waste included in this SOW have been
> disposed of, recycled, or reprocessed in accordance with applicable
> laws and regulations. Amount, weights and dimensions shown on
> inventory list are approximations.

12. [SITE REQUIREMENTS]{.underline}

a\. Western will not provide loader or operator assistance. The Hoover
A&N Switchyard is a hard-hat-required facility. Access to Hoover A&N is
restricted to the hours of 6:00 a.m. to 4:30 p.m. Monday thru Thursday.
Western will have a representative on site to monitor compliance with
EPA, OSHA and other regulatory agency requirements.

b\. Overhead power lines in the vicinity of the Hoover A&N Switchyard
will be energized but there will be no energized bus or equipment in the
substation. The Contractor is not allowed to work on-site without a
Western representative being present.

13. [SAFETY]{.underline}

> a\. In performing the work required by this contract, the Contractor
> shall comply with all applicable Federal, State, or local safety,
> health, or industrial safety codes including the latest effective
> standards promulgated by the Secretary of Labor for the Department of
> Labor and Health Administration, Safety and Health Standards (29 CFR
> 1910) and the Construction Safety and Health regulations promulgated
> under Section 107 of the Contract Work Hours and Safety Standards Act
> (29 CFR 1926). If there is a conflict between the requirements of the
> applicable Federal, State, or local safety, health, or industrial
> safety codes, the more stringent requirements shall prevail. The
> United States is liable only for negligence on the part of its
> employees in accordance with the Federal Government Claims Act, as
> amended.
>
> b\. Prior to commencing work, an onsite safety meeting shall be held
> with Western's representative to address and discuss safety procedures
> related to the work required, and to discuss potential hazards and
> their mitigation. Additionally, Western has the right to remove any
> Contractor employee that does not adhere to said requirements.

14. [EQUIPMENT INVENTORY]{.underline}

Hoover A&N Switchyard Inventory

  ----------------------------------- -----------------------------------
  **Equipment**                       **Approximate Quantities**

  30 bushings -- 12'x 3' diameter     Each bushing contains approximately
  (center). From oil circuit breakers 55 gallons of untested oil and
  #202, 1182, 1186, 1282, & 1286      weighs approximately 1,935 pounds.

  One spare bushing in container --   Bushing and container may have up
  bushing is 12' x 3' in diameter     to 65 gallons of untested oil. The
  (center); the container is 4' high  bushing weighs approximately 1,935
  x 2' in diameter.                   pounds and the container weighs
                                      approximately 300 pounds.

  Insulated conduit which may contain Approximately 500 linear feet,
  asbestos material                   insulation must be tested for
                                      asbestos.

  Two assembly starting contacts --   Each unit contains approximately 55
  4' high x 3' in diameter            gallons of non-PCB (1.9 ppm and 16
                                      ppm) oil and weighs approximately
                                      700 pounds.

  Three coupling capacitor voltage    Each unit contains approximately
  transformers -- 8' high x 3' square five gallons of untested oil
  base                                (assume PCB) and weighs
                                      approximately 700 pounds.

  Drums of untested oil (previously   Approximately five 55-gallon drums
  contained in oil piping)            of untested oil will be drained by
                                      another contractor.

  Drums of potentially PCB oil        Approximately ten 55-gallon drums
  contaminated soil from around       of oil contaminated soil.
  piping.                             

  Piping for oil system               Approximately 500 linear feet.

  Lead-shielded wire                  Approximately 500 linear feet

  Removal and disposal of temporary   Approximately 20 cubic yards of
  storage facility.                   possibly oil contaminated soil and
                                      plastic sheeting.

  Drain and dispose/recycle oil in an Up to 7,300 gallons of non-PCB (4.5
  above ground storage tank.          ppm) oil is contained in the south
                                      side tank.
  ----------------------------------- -----------------------------------

**(d) Any contract documents, exhibits or attachments**.

**ATTACHMENT B**

**[PAGES]{.underline}**

**Wage Decision 1994-2331**

**revision 22 9**

REGISTER OF WAGE DETERMINATIONS UNDER \| U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT \| EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor \| WAGE AND HOUR DIVISION

\| WASHINGTON D.C. 20210

\|

\|

\|

\| Wage Determination No.: 1994-2331

William W.Gross Division of \| Revision No.: 22

Director Wage Determinations\| Date Of Last Revision: 06/06/2003

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\|\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

States: Arizona, Nevada

Area: Arizona County of Mohave

Nevada Counties of Clark, Esmeralda, Lincoln, Nye

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

\*\*Fringe Benefits Required Follow the Occupational Listing\*\*

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

01000 - Administrative Support and Clerical Occupations

01011 - Accounting Clerk I 9.85

01012 - Accounting Clerk II 11.06

01013 - Accounting Clerk III 13.22

01014 - Accounting Clerk IV 15.20

01030 - Court Reporter 13.73

01050 - Dispatcher, Motor Vehicle 13.15

01060 - Document Preparation Clerk 10.92

01070 - Messenger (Courier) 10.21

01090 - Duplicating Machine Operator 10.92

01110 - Film/Tape Librarian 12.01

01115 - General Clerk I 9.01

01116 - General Clerk II 10.63

01117 - General Clerk III 12.82

01118 - General Clerk IV 13.75

01120 - Housing Referral Assistant 15.92

01131 - Key Entry Operator I 10.25

01132 - Key Entry Operator II 14.27

01191 - Order Clerk I 10.62

01192 - Order Clerk II 11.74

01261 - Personnel Assistant (Employment) I 12.57

01262 - Personnel Assistant (Employment) II 13.55

01263 - Personnel Assistant (Employment) III 14.00

01264 - Personnel Assistant (Employment) IV 16.93

01270 - Production Control Clerk 14.36

01290 - Rental Clerk 12.09

01300 - Scheduler, Maintenance 12.63

01311 - Secretary I 13.17

01312 - Secretary II 13.73

01313 - Secretary III 15.44

01314 - Secretary IV 18.48

01315 - Secretary V 22.37

01320 - Service Order Dispatcher 12.26

01341 - Stenographer I 11.73

01342 - Stenographer II 12.63

01400 - Supply Technician 19.06

01420 - Survey Worker (Interviewer) 11.57

01460 - Switchboard Operator-Receptionist 11.18

01510 - Test Examiner 12.73

01520 - Test Proctor 13.17

01531 - Travel Clerk I 10.66

01532 - Travel Clerk II 11.32

01533 - Travel Clerk III 12.14

01611 - Word Processor I 11.89

01612 - Word Processor II 13.52

01613 - Word Processor III 15.11

03000 - Automatic Data Processing Occupations

03010 - Computer Data Librarian 15.83

03041 - Computer Operator I 14.06

03042 - Computer Operator II 16.05

03043 - Computer Operator III 16.83

03044 - Computer Operator IV 18.64

03045 - Computer Operator V 20.64

03071 - Computer Programmer I (1) 18.01

03072 - Computer Programmer II (1) 22.40

03073 - Computer Programmer III (1) 26.43

03074 - Computer Programmer IV (1) 27.62

03101 - Computer Systems Analyst I (1) 24.16

03102 - Computer Systems Analyst II (1) 26.51

03103 - Computer Systems Analyst III (1) 27.62

03160 - Peripheral Equipment Operator 15.83

05000 - Automotive Service Occupations

05005 - Automotive Body Repairer, Fiberglass 19.22

05010 - Automotive Glass Installer 17.87

05040 - Automotive Worker 17.87

05070 - Electrician, Automotive 18.45

05100 - Mobile Equipment Servicer 16.33

05130 - Motor Equipment Metal Mechanic 19.22

05160 - Motor Equipment Metal Worker 17.87

05190 - Motor Vehicle Mechanic 18.74

05220 - Motor Vehicle Mechanic Helper 15.57

05250 - Motor Vehicle Upholstery Worker 17.11

05280 - Motor Vehicle Wrecker 17.87

05310 - Painter, Automotive 18.45

05340 - Radiator Repair Specialist 17.87

05370 - Tire Repairer 15.78

05400 - Transmission Repair Specialist 19.22

07000 - Food Preparation and Service Occupations

(not set) - Food Service Worker 10.24

07010 - Baker 13.61

07041 - Cook I 12.49

07042 - Cook II 13.61

07070 - Dishwasher 10.24

07130 - Meat Cutter 16.43

07250 - Waiter/Waitress 10.74

09000 - Furniture Maintenance and Repair Occupations

09010 - Electrostatic Spray Painter 18.45

09040 - Furniture Handler 14.79

09070 - Furniture Refinisher 16.46

09100 - Furniture Refinisher Helper 15.57

09110 - Furniture Repairer, Minor 17.11

09130 - Upholsterer 15.48

11030 - General Services and Support Occupations

11030 - Cleaner, Vehicles 10.24

11060 - Elevator Operator 10.24

11090 - Gardener 12.49

11121 - House Keeping Aid I 9.77

11122 - House Keeping Aid II 10.28

11150 - Janitor 10.61

11210 - Laborer, Grounds Maintenance 11.28

11240 - Maid or Houseman 9.77

11270 - Pest Controller 13.99

11300 - Refuse Collector 11.27

11330 - Tractor Operator 11.87

11360 - Window Cleaner 11.13

12000 - Health Occupations

12020 - Dental Assistant 14.38

12040 - Emergency Medical Technician (EMT)/Paramedic/Ambulance Driver
15.05

12071 - Licensed Practical Nurse I 12.84

12072 - Licensed Practical Nurse II 14.43

12073 - Licensed Practical Nurse III 16.14

12100 - Medical Assistant 12.40

12130 - Medical Laboratory Technician 14.43

12160 - Medical Record Clerk 10.57

12190 - Medical Record Technician 13.54

12221 - Nursing Assistant I 8.53

12222 - Nursing Assistant II 9.59

12223 - Nursing Assistant III 10.46

12224 - Nursing Assistant IV 11.72

12250 - Pharmacy Technician 12.14

12280 - Phlebotomist 13.81

12311 - Registered Nurse I 17.00

12312 - Registered Nurse II 20.81

12313 - Registered Nurse II, Specialist 20.81

12314 - Registered Nurse III 25.17

12315 - Registered Nurse III, Anesthetist 25.17

12316 - Registered Nurse IV 30.17

13000 - Information and Arts Occupations

13002 - Audiovisual Librarian 19.34

13011 - Exhibits Specialist I 17.78

13012 - Exhibits Specialist II 21.69

13013 - Exhibits Specialist III 22.76

13041 - Illustrator I 17.80

13042 - Illustrator II 22.07

13043 - Illustrator III 24.35

13047 - Librarian 24.43

13050 - Library Technician 14.06

13071 - Photographer I 13.36

13072 - Photographer II 15.11

13073 - Photographer III 18.44

13074 - Photographer IV 22.49

13075 - Photographer V 27.29

15000 - Laundry, Dry Cleaning, Pressing and Related Occupations

15010 - Assembler 9.53

15030 - Counter Attendant 9.53

15040 - Dry Cleaner 12.34

15070 - Finisher, Flatwork, Machine 9.53

15090 - Presser, Hand 9.53

15100 - Presser, Machine, Drycleaning 9.00

15130 - Presser, Machine, Shirts 9.53

15160 - Presser, Machine, Wearing Apparel, Laundry 9.53

15190 - Sewing Machine Operator 13.16

15220 - Tailor 14.10

15250 - Washer, Machine 10.47

19000 - Machine Tool Operation and Repair Occupations

19010 - Machine-Tool Operator (Toolroom) 18.45

19040 - Tool and Die Maker 21.33

21000 - Material Handling and Packing Occupations

21010 - Fuel Distribution System Operator 17.96

21020 - Material Coordinator 15.79

21030 - Material Expediter 14.36

21040 - Material Handling Laborer 11.36

21050 - Order Filler 13.11

21071 - Forklift Operator 14.94

21080 - Production Line Worker (Food Processing) 15.09

21100 - Shipping/Receiving Clerk 13.32

21130 - Shipping Packer 14.22

21140 - Store Worker I 12.78

21150 - Stock Clerk (Shelf Stocker; Store Worker II) 15.81

21210 - Tools and Parts Attendant 15.14

21400 - Warehouse Specialist 15.14

23000 - Mechanics and Maintenance and Repair Occupations

23010 - Aircraft Mechanic 19.68

23040 - Aircraft Mechanic Helper 15.94

23050 - Aircraft Quality Control Inspector 20.47

23060 - Aircraft Servicer 17.52

23070 - Aircraft Worker 18.30

23100 - Appliance Mechanic 18.45

23120 - Bicycle Repairer 15.78

23125 - Cable Splicer 26.74

23130 - Carpenter, Maintenance 19.44

23140 - Carpet Layer 20.89

23160 - Electrician, Maintenance 22.43

23181 - Electronics Technician, Maintenance I 17.28

23182 - Electronics Technician, Maintenance II 23.20

23183 - Electronics Technician, Maintenance III 25.55

23260 - Fabric Worker 17.22

23290 - Fire Alarm System Mechanic 19.22

23310 - Fire Extinguisher Repairer 16.33

23340 - Fuel Distribution System Mechanic 21.14

23370 - General Maintenance Worker 17.87

23400 - Heating, Refrigeration and Air Conditioning Mechanic 19.22

23430 - Heavy Equipment Mechanic 20.82

23440 - Heavy Equipment Operator 23.58

23460 - Instrument Mechanic 21.14

23470 - Laborer 11.36

23500 - Locksmith 19.06

23530 - Machinery Maintenance Mechanic 21.86

23550 - Machinist, Maintenance 19.22

23580 - Maintenance Trades Helper 15.57

23640 - Millwright 19.22

23700 - Office Appliance Repairer 18.96

23740 - Painter, Aircraft 18.45

23760 - Painter, Maintenance 18.45

23790 - Pipefitter, Maintenance 22.10

23800 - Plumber, Maintenance 21.22

23820 - Pneudraulic Systems Mechanic 19.72

23850 - Rigger 19.72

23870 - Scale Mechanic 18.12

23890 - Sheet-Metal Worker, Maintenance 21.74

23910 - Small Engine Mechanic 17.87

23930 - Telecommunication Mechanic I 20.63

23931 - Telecommunication Mechanic II 24.33

23950 - Telephone Lineman 20.63

23960 - Welder, Combination, Maintenance 19.22

23965 - Well Driller 20.63

23970 - Woodcraft Worker 19.72

23980 - Woodworker 16.81

24000 - Personal Needs Occupations

24570 - Child Care Attendant 12.74

24580 - Child Care Center Clerk 17.75

24600 - Chore Aid 9.73

24630 - Homemaker 19.78

25000 - Plant and System Operation Occupations

25010 - Boiler Tender 19.22

25040 - Sewage Plant Operator 22.97

25070 - Stationary Engineer 19.22

25190 - Ventilation Equipment Tender 15.55

25210 - Water Treatment Plant Operator 23.53

27000 - Protective Service Occupations

(not set) - Police Officer 23.83

27004 - Alarm Monitor 15.20

27006 - Corrections Officer 21.68

27010 - Court Security Officer 19.46

27040 - Detention Officer 21.05

27070 - Firefighter 18.05

27101 - Guard I 10.24

27102 - Guard II 17.19

28000 - Stevedoring/Longshoremen Occupations

28010 - Blocker and Bracer 18.12

28020 - Hatch Tender 18.12

28030 - Line Handler 18.12

28040 - Stevedore I 15.81

28050 - Stevedore II 18.85

29000 - Technical Occupations

21150 - Graphic Artist 21.53

29010 - Air Traffic Control Specialist, Center (2) 29.10

29011 - Air Traffic Control Specialist, Station (2) 20.07

29012 - Air Traffic Control Specialist, Terminal (2) 22.09

29023 - Archeological Technician I 14.61

29024 - Archeological Technician II 16.33

29025 - Archeological Technician III 20.29

29030 - Cartographic Technician 21.51

29035 - Computer Based Training (CBT) Specialist/ Instructor 24.16

29040 - Civil Engineering Technician 22.44

29061 - Drafter I 15.60

29062 - Drafter II 18.01

29063 - Drafter III 20.29

29064 - Drafter IV 24.86

29081 - Engineering Technician I 14.63

29082 - Engineering Technician II 16.87

29083 - Engineering Technician III 23.33

29084 - Engineering Technician IV 24.00

29085 - Engineering Technician V 28.41

29086 - Engineering Technician VI 34.46

29090 - Environmental Technician 19.85

29100 - Flight Simulator/Instructor (Pilot) 27.17

29160 - Instructor 18.95

29210 - Laboratory Technician 18.25

29240 - Mathematical Technician 19.83

29361 - Paralegal/Legal Assistant I 16.00

29362 - Paralegal/Legal Assistant II 17.14

29363 - Paralegal/Legal Assistant III 21.39

29364 - Paralegal/Legal Assistant IV 25.85

29390 - Photooptics Technician 20.44

29480 - Technical Writer 18.95

29491 - Unexploded Ordnance (UXO) Technician I 18.49

29492 - Unexploded Ordnance (UXO) Technician II 22.37

29493 - Unexploded Ordnance (UXO) Technician III 26.81

29494 - Unexploded (UXO) Safety Escort 18.49

29495 - Unexploded (UXO) Sweep Personnel 18.49

29620 - Weather Observer, Senior (3) 18.77

29621 - Weather Observer, Combined Upper Air and Surface Programs (3)
16.92

29622 - Weather Observer, Upper Air (3) 16.92

31000 - Transportation/ Mobile Equipment Operation Occupations

31030 - Bus Driver 15.32

31260 - Parking and Lot Attendant 11.11

31290 - Shuttle Bus Driver 15.69

31300 - Taxi Driver 12.92

31361 - Truckdriver, Light Truck 13.55

31362 - Truckdriver, Medium Truck 15.32

31363 - Truckdriver, Heavy Truck 17.20

31364 - Truckdriver, Tractor-Trailer 17.20

99000 - Miscellaneous Occupations

99020 - Animal Caretaker 11.36

99030 - Cashier 10.29

99041 - Carnival Equipment Operator 11.87

99042 - Carnival Equipment Repairer 12.49

99043 - Carnival Worker 10.24

99050 - Desk Clerk 12.74

99095 - Embalmer 16.57

99300 - Lifeguard 11.17

99310 - Mortician 18.22

99350 - Park Attendant (Aide) 14.09

99400 - Photofinishing Worker (Photo Lab Tech., Darkroom Tech) 11.17

99500 - Recreation Specialist 13.62

99510 - Recycling Worker 13.06

99610 - Sales Clerk 11.17

99620 - School Crossing Guard (Crosswalk Attendant) 10.24

99630 - Sport Official 11.17

99658 - Survey Party Chief (Chief of Party) 26.47

99659 - Surveying Technician (Instr. Person/Surveyor Asst./Instr.) 20.65

99660 - Surveying Aide 15.06

99690 - Swimming Pool Operator 14.94

99720 - Vending Machine Attendant 11.33

99730 - Vending Machine Repairer 16.47

99740 - Vending Machine Repairer Helper 14.33

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

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: \$2.36 an hour or \$94.40 a week or \$409.07 a month

VACATION: 2 weeks paid vacation after 1 year of service with a
contractor or

successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of
service

includes the whole span of continuous service with the present
contractor or

successor, wherever employed, and with the predecessor contractors in
the

performance of similar work at the same Federal facility. (Reg. 29 CFR
4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year\'s Day,
Martin Luther

King Jr.\'s Birthday, Washington\'s Birthday, Memorial Day, Independence
Day,

Labor Day, Columbus Day, Veterans\' Day, Thanksgiving Day, and Christmas
Day. (A

contractor may substitute for any of the named holidays another day off
with pay in

accordance with a plan communicated to the employees involved.) (See 29
CFR 4.174)

THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING
BENEFITS (as

numbered):

1\) Does not apply to employees employed in a bona fide executive,
administrative,

or professional capacity as defined and delineated in 29 CFR 541. (See
CFR 4.156)

2\) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An
employee is

entitled to pay for all work performed between the hours of 6:00 P.M.
and 6:00 A.M.

at the rate of basic pay plus a night pay differential amounting to 10
percent of

the rate of basic pay.

3\) WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as
part of a

regular tour of duty, you will earn a night differential and receive an
additional

10% of basic pay for any hours worked between 6pm and 6am. If you are a
full-time

employed (40 hours a week) and Sunday is part of your regularly
scheduled workweek,

you are paid at your rate of basic pay plus a Sunday premium of 25% of
your basic

rate for each hour of Sunday work which is not overtime (i.e. occasional
work on

Sunday outside the normal tour of duty is considered overtime work).

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to
employees

employed in a position that represents a high degree of hazard when
working with or

in close proximity to ordinance, explosives, and incendiary materials.
This

includes work such as screening, blending, dying, mixing, and pressing
of sensitive

ordance, explosives, and pyrotechnic compositions such as lead azide,
black powder

and photoflash powder. All dry-house activities involving propellants or

explosives. Demilitarization, modification, renovation, demolition, and
maintenance

operations on sensitive ordnance, explosives and incendiary materials.
All

operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a
position that

represents a low degree of hazard when working with, or in close
proximity to

ordance, (or employees possibly adjacent to) explosives and incendiary
materials

which involves potential injury such as laceration of hands, face, or
arms of the

employee engaged in the operation, irritation of the skin, minor burns
and the

like; minimal damage to immediate or adjacent work area or equipment
being used. All

operations involving, unloading, storage, and hauling of ordance,
explosive, and

incendiary ordnance material other than small arms ammunition. These
differentials

are only applicable to work that has been specifically designated by the
agency for

ordance, explosives, and incendiary material differential pay.

\*\* UNIFORM ALLOWANCE \*\*

If employees are required to wear uniforms in the performance of this
contract

(either by the terms of the Government contract, by the employer, by the
state or

local law, etc.), the cost of furnishing such uniforms and maintaining
(by

laundering or dry cleaning) such uniforms is an expense that may not be
borne by an

employee where such cost reduces the hourly rate below that required by
the wage

determination. The Department of Labor will accept payment in accordance
with the

following standards as compliance:

The contractor or subcontractor is required to furnish all employees
with an

adequate number of uniforms without cost or to reimburse employees for
the actual

cost of the uniforms. In addition, where uniform cleaning and
maintenance is made

the responsibility of the employee, all contractors and subcontractors
subject to

this wage determination shall (in the absence of a bona fide collective
bargaining

agreement providing for a different amount, or the furnishing of
contrary

affirmative proof as to the actual cost), reimburse all employees for
such cleaning

and maintenance at a rate of \$3.35 per week (or \$.67 cents per day).
However, in

those instances where the uniforms furnished are made of \"wash and
wear\"

materials, may be routinely washed and dried with other personal
garments, and do

not require any special treatment such as dry cleaning, daily washing,
or commercial

laundering in order to meet the cleanliness or appearance standards set
by the terms

of the Government contract, by the contractor, by law, or by the nature
of the work,

there is no requirement that employees be reimbursed for uniform
maintenance costs.

\*\* NOTES APPLYING TO THIS WAGE DETERMINATION \*\*

Source of Occupational Title and Descriptions:

The duties of employees under job titles listed are those described in
the

\"Service Contract Act Directory of Occupations,\" Fourth Edition,
January 1993, as

amended by the Third Supplement, dated March 1997, unless otherwise
indicated. This

publication may be obtained from the Superintendent of Documents, at
202-783-3238,

or by writing to the Superintendent of Documents, U.S. Government
Printing Office,

Washington, D.C. 20402. Copies of specific job descriptions may also be
obtained

from the appropriate contracting officer.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
{Standard Form

1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee
which is

not listed herein and which is to be employed under the contract (i.e.,
the work to

be performed is not performed by any classification listed in the wage

determination), be classified by the contractor so as to provide a
reasonable

relationship (i.e., appropriate level of skill comparison) between such
unlisted

classifications and the classifications listed in the wage
determination. Such

conformed classes of employees shall be paid the monetary wages and
furnished the

fringe benefits as are determined. Such conforming process shall be
initiated by

the contractor prior to the performance of contract work by such
unlisted class(es)

of employees. The conformed classification, wage rate, and/or fringe
benefits shall

be retroactive to the commencement date of the contract. {See Section
4.6 (C)(vi)}

When multiple wage determinations are included in a contract, a separate
SF 1444

should be prepared for each wage determination to which a class(es) is
to be

conformed.

The process for preparing a conformance request is as follows:

1\) When preparing the bid, the contractor identifies the need for a
conformed

occupation(s) and computes a proposed rate(s).

2\) After contract award, the contractor prepares a written report
listing in order

proposed classification title(s), a Federal grade equivalency (FGE) for
each

proposed classification(s), job description(s), and rationale for
proposed wage

rate(s), including information regarding the agreement or disagreement
of the

authorized representative of the employees involved, or where there is
no authorized

representative, the employees themselves. This report should be
submitted to the

contracting officer no later than 30 days after such unlisted class(es)
of employees

performs any contract work.

3\) The contracting officer reviews the proposed action and promptly
submits a report

of the action, together with the agency\'s recommendations and pertinent

information including the position of the contractor and the employees,
to the Wage

and Hour Division, Employment Standards Administration, U.S. Department
of Labor,

for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4\) Within 30 days of receipt, the Wage and Hour Division approves,
modifies, or

disapproves the action via transmittal to the agency contracting
officer, or

notifies the contracting officer that additional time will be required
to process the

request.

5\) The contracting officer transmits the Wage and Hour decision to the
contractor.

6\) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or
bond paper.

When preparing a conformance request, the \"Service Contract Act
Directory of

Occupations\" (the Directory) should be used to compare job definitions
to insure

that duties requested are not performed by a classification already
listed in the

wage determination. Remember, it is not the job title, but the required
tasks that

determine whether a class is included in an established wage
determination.

Conformances may not be used to artificially split, combine, or
subdivide

classifications listed in the wage determination.

**(e) Solicitation provisions**

## **9. 52.212-1 Instructions to Offerors-Commercial Items.** **(JAN 2004)**

\(a\) *North American Industry Classification System (NAICS) code and
small business size standard*. The NAICS code and small business size
standard for this acquisition appear in Block 10 of the solicitation
cover sheet (SF 1449). However, the small business size standard for a
concern which submits an offer in its own name, but which proposes to
furnish an item which it did not itself manufacture, is 500 employees.

\(b\) *Submission of offers*. Submit signed and dated offers to the
office specified in this solicitation at or before the exact time
specified in this solicitation. Offers may be submitted on the SF 1449,
letterhead stationery, or as otherwise specified in the solicitation. As
a minimum, offers must show-

\(1\) The solicitation number;

\(2\) The time specified in the solicitation for receipt of offers;

\(3\) The name, address, and telephone number of the offeror;

\(4\) A technical description of the items being offered in sufficient
detail to evaluate compliance with the requirements in the solicitation.
This may include product literature, or other documents, if necessary;

\(5\) Terms of any express warranty;

\(6\) Price and any discount terms;

\(7\) \"Remit to\" address, if different than mailing address;

\(8\) A completed copy of the representations and certifications at FAR
52.212-3;

\(9\) Acknowledgment of Solicitation Amendments;

\(10\) Past performance information, when included as an evaluation
factor, to include recent and relevant contracts for the same or similar
items and other references (including contract numbers, points of
contact with telephone numbers and other relevant information); and

\(11\) If the offer is not submitted on the SF 1449, include a statement
specifying the extent of agreement with all terms, conditions, and
provisions included in the solicitation. Offers that fail to furnish
required representations or information, or reject the terms and
conditions of the solicitation may be excluded from consideration.

\(c\) *Period for acceptance of offers*. The offeror agrees to hold the
prices in its offer firm for 30 calendar days from the date specified
for receipt of offers, unless another time period is specified in an
addendum to the solicitation.

\(d\) *Product samples*. When required by the solicitation, product
samples shall be submitted at or prior to the time specified for receipt
of offers. Unless otherwise specified in this solicitation, these
samples shall be submitted at no expense to the Government, and returned
at the sender\'s request and expense, unless they are destroyed during
preaward testing.

\(e\) *Multiple offers*. Offerors are encouraged to submit multiple
offers presenting alternative terms and conditions or commercial items
for satisfying the requirements of this solicitation. Each offer
submitted will be evaluated separately.

\(f\) *Late submissions, modifications, revisions, and withdrawals of
offers.*(1) Offerors are responsible for submitting offers, and any
modifications, revisions, or withdrawals, so as to reach the Government
office designated in the solicitation by the time specified in the
solicitation. If no time is specified in the solicitation, the time for
receipt is 4:30 p.m., local time, for the designated Government office
on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer
received at the Government office designated in the solicitation after
the exact time specified for receipt of offers is \"late\" and will not
be considered unless it is received before award is made, the
Contracting Officer determines that accepting the late offer would not
unduly delay the acquisition; and-

\(A\) If it was transmitted through an electronic commerce method
authorized by the solicitation, it was received at the initial point of
entry to the Government infrastructure not later than 5:00 p.m. one
working day prior to the date specified for receipt of offers; or

\(B\) There is acceptable evidence to establish that it was received at
the Government installation designated for receipt of offers and was
under the Government\'s control prior to the time set for receipt of
offers; or

\(C\) If this solicitation is a request for proposals, it was the only
proposal received.

\(ii\) However, a late modification of an otherwise successful offer,
that makes its terms more favorable to the Government, will be
considered at any time it is received and may be accepted.

\(3\) Acceptable evidence to establish the time of receipt at the
Government installation includes the time/date stamp of that
installation on the offer wrapper, other documentary evidence of receipt
maintained by the installation, or oral testimony or statements of
Government personnel.

\(4\) If an emergency or unanticipated event interrupts normal
Government processes so that offers cannot be received at the Government
office designated for receipt of offers by the exact time specified in
the solicitation, and urgent Government requirements preclude amendment
of the solicitation or other notice of an extension of the closing date,
the time specified for receipt of offers will be deemed to be extended
to the same time of day specified in the solicitation on the first work
day on which normal Government processes resume.

\(5\) Offers may be withdrawn by written notice received at any time
before the exact time set for receipt of offers. Oral offers in response
to oral solicitations may be withdrawn orally. If the solicitation
authorizes facsimile offers, offers may be withdrawn via facsimile
received at any time before the exact time set for receipt of offers,
subject to the conditions specified in the solicitation concerning
facsimile offers. An offer may be withdrawn in person by an offeror or
its authorized representative if, before the exact time set for receipt
of offers, the identity of the person requesting withdrawal is
established and the person signs a receipt for the offer.

\(g\) *Contract award (not applicable to Invitation for Bids*). The
Government intends to evaluate offers and award a contract without
discussions with offerors. Therefore, the offeror\'s initial offer
should contain the offeror\'s best terms from a price and technical
standpoint. However, the Government reserves the right to conduct
discussions if later determined by the Contracting Officer to be
necessary. The Government may reject any or all offers if such action is
in the public interest; accept other than the lowest offer; and waive
informalities and minor irregularities in offers received.

\(h\) *Multiple awards*. The Government may accept any item or group of
items of an offer, unless the offeror qualifies the offer by specific
limitations. Unless otherwise provided in the Schedule, offers may not
be submitted for quantities less than those specified. The Government
reserves the right to make an award on any item for a quantity less than
the quantity offered, at the unit prices offered, unless the offeror
specifies otherwise in the offer.

\(i\) *Availability of requirements documents cited in the
solicitation*.  (1)(i) The GSA Index of Federal Specifications,
Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies
of specifications, standards, and commercial item descriptions cited in
this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L\'Enfant Plaza, SW

Washington, DC 20407

Telephone (202)619-8925

Facsimile (202) 619-8978

\(ii\) If the General Services Administration, Department of
Agriculture, or Department of Veterans Affairs issued this solicitation,
a single copy of specifications, standards, and commercial item
descriptions cited in this solicitation may be obtained free of charge
by submitting a request to the addressee in paragraph (i)(1)(i) of this
provision. Additional copies will be issued for a fee.

1.  The DoD Index of Specifications and Standards (DoDISS) and documents
    listed in it may be obtained from the-

> Department of Defense Single Stock Point (DoDSSP)
>
> Building 4, SectionD
>
> 700 Robbins Avenue
>
> Philadelphia, PA 19111-5094
>
> Telephone (215)697-2667/2179

Facsimile (215) 697-1462.

\(i\) Automatic distribution may be obtained on a subscription basis.

\(ii\) Order forms, pricing information, and customer support
information may be obtained-

\(A\) By telephone at (215) 697-2667/2179; or

\(B\) Through the DoDSSP Internet site at *http://dodssp.daps.mil*.

\(3\) Nongovernment (voluntary) standards must be obtained from the
organization responsible for their preparation, publication, or
maintenance.

\(j\) *Data Universal Numbering System (DUNS) Number.* (Applies to all
offers exceeding \$25,000, and offers of \$25,000 or less if the
solicitation requires the Contractor to be registered in the Central
Contractor Registration (CCR) database. The offeror shall enter, in the
block with its name and address on the cover page of its offer, the
annotation \"DUNS\" or \"DUNS+4\" followed by the DUNS or DUNS+4 number
that identifies the offeror\'s name and address. The DUNS+4 is the DUNS
number plus a 4-character suffix that may be assigned at the discretion
of the offeror to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart
32.11) for the same parent concern. If the offeror does not have a DUNS
number, it should contact Dun and Bradstreet directly to obtain one. An
offeror within the United States may contact Dun and Bradstreet by
calling 1-866-705-5711 or via the internet at *http://www.dnb.com*. An
offeror located outside the United States must contact the local Dun and
Bradstreet office for a DUNS number.

\(k\) *Central Contractor Registration*. Unless exempted by an addendum
to this solicitation, by submission of an offer, the offeror
acknowledges the requirement that a prospective awardee shall be
registered in the CCR database prior to award, during performance and
through final payment of any contract resulting from this solicitation.
If the Offeror does not become registered in the CCR database in the
time prescribed by the Contracting Officer, the Contracting Officer will
proceed to award to the next otherwise successful registered Offeror.
Offerors may obtain information on registration and annual confirmation
requirements via the internet at *http://www.ccr.gov* or by calling
1-888-227-2423 or 269-961-5757.

\(l\) *Debriefing.* If a post-award debriefing is given to requesting
offerors, the Government shall disclose the follow-ing information, if
applicable:

\(1\) The agency's evaluation of the significant weak or deficient
factors in the debriefed offeror's offer.

> \(2\) The overall evaluated cost or price and technical rating of the
> successful and the debriefed offeror and past performance information
> on the debriefed offeror.

\(3\) The overall ranking of all offerors, when any ranking was
developed by the agency during source selection.

\(4\) A summary of the rationale for award;

> \(5\) For acquisitions of commercial items, the make and model of the
> item to be delivered by the successful offeror.
>
> \(6\) Reasonable responses to relevant questions posed by the
> debriefed offeror as to whether source-selection procedures set forth
> in the solicitation, applicable regulations, and other applicable
> authorities were followed by the agency.

**10. 52.212-2 EVALUATION\--COMMERCIAL ITEMS (JAN 1999)**

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

> \(1\) whose offer fully complies with the solicitation, the technical
> specifications, and the required delivery requirements,

\(2\) who has an acceptable record of past performance

> \(b\) Options. The Government will evaluate offers for award purposes
> by adding the total price for all options to the total price for the
> basic requirement. The Government may determine that an offer is
> unacceptable if the option prices are significantly unbalanced.
> Evaluation of options shall not obligate the Government to exercise
> the option s).
>
> \(c\) A written notice of award or acceptance of an offer, mailed or
> otherwise furnished to the successful offeror within the time for
> acceptance specified in the offer, shall result in a binding contract
> without further action by either party. Before the offer's specified
> expiration time, the Government may accept an offer (or part of an
> offer), whether or not there are negotiations after its receipt,
> unless a written notice of withdrawal is received before award.

**11. LH.0000-0071 ELECTRONIC SUBMISSION OF DOCUMENTS VIA THE DOE IIPS
SYSTEM (WAPA, 3/2002)**

The following requirements apply if proposals or other documents are
submitted electronically via the Dept of Energy\'s \'Industry
Interactive Procurement System\' (IIPS) or by other electronic means
(e.g., electronic files on a CD-ROM):

\(a\) The terms and conditions contained in the \'Notice of Disclaimer\'
on the DOE IIPS system (agreed to when vendors register to use the IIPS
system)are hereby incorporated into this solicitation/award document.

\(b\) All document files submitted electronically must be submitted in
one or more of the following Microsoft Office 97 for Windows (or newer)
file formats (e.g., .doc, .xls, .mdb, .ppt); portable document format
(.pdf); or in the following graphic file formats (.gif or .jpg). Use
whichever format is most appropriate for the type of document involved.
Engineering drawings, if any, must be in AutoCAD, PDF, or in one of the
acceptable graphic file formats. NOTE: if there are an inordinately
large number of drawings, or if the file sizes are prohibitively large,
contact the Contracting Officer before the proposal due date and time
for further instructions.

\(c\) Offerors are responsible for ensuring their electronically-
submitted files are free from viruses, are in the prescribed, readable
format, and are not corrupted. Replacement of corrupt or unreadable
files may be allowed at the sole discretion of the Contracting Officer.
The Contracting Officer may notify the offeror and provide an
opportunity for the offeror to submit clear and convincing evidence: 1)
of the content of the proposal as originally submitted; and 2) that the
unreadable condition of the proposal was caused by, or is the fault of,
the Government.

\(d\) For purposes of determining the timliness of proposal submissions,
the date/time stamp (DTS) assigned by the IIPS system will be used. The
IIPS DTS default uses Eastern Time, so proposal due dates expressed in
other time zones will be converted to Eastern Time to make the
timeliness determination, unless otherwise specified in the
solicitation.

\(e\) Electronic signatures: submission of proposals via DOE\'s IIPS
system will constitute \'signed\' copies of the required documents. The
name of the authorized, responsible company official who would normally
sign that document shall be entered on the signature line. In addition,
the Contracting Officer may require, at his or her discretion, a signed,
paper copy of each original signature page to be submitted via US Mail
or by facsimile.

\(f\) Updates or changes to proposals or other documents originally
submitted via the IIPS system must also be submitted via IIPS. In the
event that a conflict or discrepancy is discovered between a paper copy
of a vendor or Government document, the copy as posted on the IIPS
system shall be considered the official, \'controlling\' version of the
document.

\(g\) Offerors must use discrete file names (and descriptions, where
applicable) for all files uploaded to the IIPS system.

\(h\) Offerors agree to, and certify, that they have not made any
changes to Government-originated files/documents - other than for
expected signatures or fill-ins - that must be returned to the
Government (e.g., Representations and Certifications). Any questions or
concerns about any Government documents must be communicated directly to
the Contracting Officer.

## **12.** **52.212-3 Offeror Representations and Certifications-Commercial Items.**  **(June 2003)**

\(a\) *Definitions*. As used in this provision:

\"Emerging small business\" means a small business concern whose size is
no greater than 50 percent of the numerical size standard for the NAICS
code designated.

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

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

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

\"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
veteran with permanent and severe disability, the spouse or permanent
caregiver of such veteran.

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

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

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

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

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

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

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

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

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

\(b\) *Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C.
7701*). (Not applicable if the offeror is required to provide this
information to a central contractor registration database to be eligible
for award.)

\(1\) All offerors must submit the information required in paragraphs
(b)(3) through (b)(5) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the Internal Revenue Service (IRS).

\(2\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror\'s relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror\'s TIN.

\(3\) *Taxpayer Identification Number (TIN*).

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

  TIN has been applied for.

  TIN is not required because:

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

  Offeror is an agency or instrumentality of a foreign government;

  Offeror is an agency or instrumentality of the Federal Government.

\(4\) *Type of organization*.

  Sole proprietorship;

  Partnership;

  Corporate entity (not tax-exempt);

  Corporate entity (tax-exempt);

  Government entity (Federal, State, or local);

  Foreign government;

  International organization per 26 CFR 1.6049-4;

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

\(5\) *Common parent*.

  Offeror is not owned or controlled by a common parent;

  Name and TIN of common parent:

Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

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

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

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

\(2\) *Veteran-owned small business concern*. \[*Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision*.\] The offeror represents as part of its offer
that it  is,  is not a veteran-owned small business concern.

\(3\) *Service-disabled veteran-owned small business concern*.
\[*Complete only if the offeror represented itself as a veteran-owned
small business concern in paragraph (c)(2) of this provision*.\] The
offeror represents as part of its offer that it  is,  is not a
service-disabled veteran-owned small business concern.

\(4\) *Small disadvantaged business concern*. \[*Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision*.\] The offeror represents, for general
statistical purposes, that it  is,  is not a small disadvantaged
business concern as defined in 13 CFR 124.1002.

\(5\) *Women-owned small business concern*. \[*Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision*.\] The offeror represents that it  is,  is
not a women-owned small business concern.

**Note:** Complete paragraphs (c)(6) and (c)(7) only if this
solicitation is expected to exceed the simplified acquisition threshold.

\(6\) *Women-owned business concern (other than small business
concern*). \[*Complete only if the offeror is a women-owned business
concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision*.\] The offeror represents that it 
is a women-owned business concern.

\(7\) *Tie bid priority for labor surplus area concerns*. If this is an
invitation for bid, small business offerors may identify the labor
surplus areas in which costs to be incurred on account of manufacturing
or production (by offeror or first-tier subcontractors) amount to more
than 50 percent of the contract price:\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(8\) Small Business Size for the Small Business Competitiveness
Demonstration Program and for the Targeted Industry Categories under the
Small Business Competitiveness Demonstration Program. *\[Complete only
if the offeror has represented itself to be a small business concern
under the size standards for this solicitation.\]*

\(i\) \[*Complete only for solicitations indicated in an addendum as
being set-aside for emerging small businesses in one of the four
designated industry groups (DIGs).*\] The offeror represents as part of
its offer that it  is,  is not an emerging small business.

\(ii\) \[*Complete only for solicitations indicated in an addendum as
being for one of the targeted industry categories (TICs) or four
designated industry groups (DIGs).*\] 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):

\
(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.

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

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

NAFTA Country or Israeli End Products:

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

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

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

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

*\[List as necessary\]*

\(iii\) The offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (g)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled \"Buy
American Act-North American 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-North American Free Trade Agreements-Israeli
Trade Act Certificate, Alternate I (May 2002)*. 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-North American Free Trade Agreement-Israeli
Trade Act\":

Canadian End Products:

  --------------------------------------------------------------------------------
  Line Item No.

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

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

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

*\[List as necessary\]*

\(3\) *Buy American Act-North American Free Trade Agreements-Israeli
Trade Act Certificate, Alternate II (May 2002)*. 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-North American 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, designated
country, Caribbean Basin country, or NAFTA 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, Caribbean Basin country, or
NAFTA 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 subject to the
Trade Agreements Act, the Government will evaluate offers of U.S.-made,
designated country, Caribbean Basin country, or NAFTA country end
products without regard to the restrictions of the Buy American Act. The
Government will consider for award only offers of U.S.-made, designated
country, Caribbean Basin country, or NAFTA country end products unless
the Contracting Officer determines that there are no offers for such
products or that the offers for such products are insufficient to
fulfill the requirements of the solicitation.

\(h\) *Certification Regarding Debarment, Suspension or Ineligibility
for Award (Executive Order 12549*). (Applies only if the contract value
is expected to exceed the simplified acquisition threshold.) The offeror
certifies, to the best of its knowledge and belief, that the offeror
and/or any of its principals-

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

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

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

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

\(1\) *Listed end products*.

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

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

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

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

\[ \] (i) The offeror will not supply any end product listed in
paragraph (i)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product.

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