<table style="width:100%;">
<colgroup>
<col style="width: 2%" />
<col style="width: 7%" />
<col style="width: 5%" />
<col style="width: 1%" />
<col style="width: 1%" />
<col style="width: 9%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 1%" />
<col style="width: 0%" />
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<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 1%" />
<col style="width: 8%" />
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<col style="width: 2%" />
<col style="width: 1%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 1%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 7%" />
<col style="width: 0%" />
<col style="width: 2%" />
<col style="width: 1%" />
<col style="width: 2%" />
<col style="width: 4%" />
<col style="width: 0%" />
<col style="width: 2%" />
<col style="width: 7%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="16" rowspan="2"><p><strong>SOLICITATION/CONTRACT/ORDER FOR
COMMERCIAL ITEMS</strong></p>
<p><em>Offeror to Complete Blocks 12, 17, 23, 24, &amp; 30</em></p></td>
<td colspan="8">1. Requisition Number</td>
<td colspan="5" rowspan="2">PAGE 1 OF</td>
<td colspan="3" rowspan="2">23</td>
</tr>
<tr class="even">
<td colspan="8">NN-PR-04-65155</td>
</tr>
<tr class="odd">
<td colspan="5">2. Contract No.</td>
<td colspan="7">3. Award/Effective Date</td>
<td colspan="4">4. Order Number</td>
<td colspan="8">5. Solicitation Number</td>
<td colspan="8">6. Solicitation Issue Date</td>
</tr>
<tr class="even">
<td colspan="5">     </td>
<td colspan="7">     </td>
<td colspan="4">     </td>
<td colspan="8">DE-RQ-65-04-WN-65155</td>
<td colspan="8">Jan 12, 2004</td>
</tr>
<tr class="odd">
<td colspan="3" rowspan="2">7. For Solicitation Information Call:</td>
<td colspan="13">a. Name Paul Hendree</td>
<td colspan="8">b. Telephone Number <em>(No collect calls)</em></td>
<td colspan="8">8. Offer Due Date/Local Time</td>
</tr>
<tr class="even">
<td colspan="13">HENDREE@WAPA.GOV</td>
<td colspan="8">916 353-4445</td>
<td colspan="8">Jan 15, 2004 / 04:00 PM</td>
</tr>
<tr class="odd">
<td colspan="4">9. Issued By</td>
<td colspan="3">Code SAO</td>
<td colspan="9">10. This Acquisition is</td>
<td colspan="10">11. Delivery for FOB Destination Unless Block is
Marked.</td>
<td colspan="6">12. Discount Terms</td>
</tr>
<tr class="even">
<td colspan="7" rowspan="8"><p>U.S. DEPT OF ENERGY</p>
<p>WESTERN AREA POWER ADMIN</p>
<p>114 PARKSHORE DRIVE</p>
<p>FOLSOM, CA 95630</p></td>
<td colspan="2"></td>
<td colspan="2"> </td>
<td colspan="5">Unrestricted</td>
<td colspan="10"></td>
<td colspan="6">     </td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="2">X</td>
<td colspan="5">Set-Aside 100 % for</td>
<td colspan="3"></td>
<td> </td>
<td colspan="6">See Schedule</td>
<td colspan="6">     </td>
</tr>
<tr class="even">
<td colspan="9"></td>
<td colspan="10"></td>
<td colspan="6">     </td>
</tr>
<tr class="odd">
<td colspan="5"></td>
<td>X</td>
<td colspan="3">Small Business</td>
<td> </td>
<td colspan="15">13a. This contract is a rated order under DPAS (15 CFR
700)</td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td> </td>
<td colspan="3">HubZone Small Business</td>
<td></td>
<td colspan="15"></td>
</tr>
<tr class="odd">
<td colspan="3"></td>
<td> </td>
<td colspan="5">8(A)</td>
<td colspan="16">13b. Rating      </td>
</tr>
<tr class="even">
<td colspan="7">NAICS:</td>
<td colspan="2"><u>423430</u></td>
<td colspan="16">14. Method of Solicitation</td>
</tr>
<tr class="odd">
<td colspan="7">Size Standard:</td>
<td colspan="2"><u>100</u></td>
<td colspan="6"></td>
<td>X</td>
<td colspan="2">RFQ</td>
<td> </td>
<td colspan="4">IFB</td>
<td> </td>
<td>RFP</td>
</tr>
<tr class="even">
<td colspan="6">15. Deliver To</td>
<td colspan="8">Code SAO-WHSE</td>
<td colspan="14">16. Administered By</td>
<td colspan="4">Code      </td>
</tr>
<tr class="odd">
<td colspan="14"><p>WAPA - SNR WAREHOUSE</p>
<p>7940 SORENTO ROAD</p>
<p>ELVERTA, CA 95626</p>
<p>     </p></td>
<td colspan="18"><p>     </p>
<p>     </p>
<p>     </p>
<p>     </p></td>
</tr>
<tr class="even">
<td colspan="4">17a. Contractor/Offeror</td>
<td colspan="10">Code       Facility Code      </td>
<td colspan="14">18a. Payment Will Be Made By</td>
<td colspan="4">Code      </td>
</tr>
<tr class="odd">
<td colspan="14" rowspan="4"><p>     </p>
<p>     </p>
<p>     </p>
<p>     </p></td>
<td colspan="18" rowspan="5"><p>     </p>
<p>     </p>
<p>     </p>
<p>     </p></td>
</tr>
<tr class="even">
</tr>
<tr class="odd">
</tr>
<tr class="even">
</tr>
<tr class="odd">
<td colspan="8">Telephone No.      </td>
<td colspan="6">TIN:      </td>
</tr>
<tr class="even">
<td colspan="14">17b. Check if Remittance is Different and Put Such
Address in Offer.</td>
<td colspan="18">18b. Submit Invoices to Address Shown in Block 18a
Unless Box Below is Checked.</td>
</tr>
<tr class="odd">
<td>     </td>
<td colspan="13"></td>
<td>     </td>
<td colspan="17">See Addendum.</td>
</tr>
<tr class="even">
<td colspan="2"><p>19.</p>
<p>ITEM NO.</p></td>
<td colspan="12"><p>20.</p>
<p>SCHEDULE OF SUPPLIES/SERVICES</p></td>
<td colspan="4"><p>21.</p>
<p>QUANTITY</p></td>
<td colspan="3"><p>22.</p>
<p>UNIT</p></td>
<td colspan="6"><p>23.</p>
<p>UNIT PRICE</p></td>
<td colspan="5"><p>24.</p>
<p>AMOUNT</p></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="12"></td>
<td colspan="4"></td>
<td colspan="3"></td>
<td colspan="6"></td>
<td colspan="5"></td>
</tr>
<tr class="even">
<td colspan="2">0001</td>
<td colspan="12">Zhone 891830 IMACS Model 800 Universal Enclosure</td>
<td colspan="4">4</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="odd">
<td colspan="2">0002</td>
<td colspan="12">Zhone 890220 -48 VDC Power Supply</td>
<td colspan="4">8</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="even">
<td colspan="2">0003</td>
<td colspan="12">Zhone 890620 -48vdc Ringing Generator</td>
<td colspan="4">4</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="odd">
<td colspan="2">0004</td>
<td colspan="12">Zhone 892360 8 T1 Interface Card</td>
<td colspan="4">4</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="even">
<td colspan="2">0005</td>
<td colspan="12">Zhone 880360 8 T1 CPU</td>
<td colspan="4">8</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="odd">
<td colspan="2">0006</td>
<td colspan="12">Zhone 60523 CPU Firmware host version 5.2.3</td>
<td colspan="4">8</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="even">
<td colspan="2">0007</td>
<td colspan="12">Zhone 801060 Dual T1WAN card</td>
<td colspan="4">17</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="odd">
<td colspan="2">0008</td>
<td colspan="12">Zhone 81130 DSX Plugin Module</td>
<td colspan="4">34</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="even">
<td colspan="2">0009</td>
<td colspan="12">Zhone 81230 CSU Plugin module</td>
<td colspan="4">4</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="odd">
<td colspan="2">0010</td>
<td colspan="12">Zhone 812960 8 port 2W FXS (600 ohm) Module</td>
<td colspan="4">4</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="even">
<td colspan="2">0011</td>
<td colspan="12">Zhone 813970 8 port 2W FXO (600 ohm) module</td>
<td colspan="4">4</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="odd">
<td colspan="2">0012</td>
<td colspan="12">Zhone 821570 4 port High Speed Unit (RS530/V.35)</td>
<td colspan="4">12</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="even">
<td colspan="2">0013</td>
<td colspan="12">Zhone 822060 10 port sub rate unit</td>
<td colspan="4">9</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="odd">
<td colspan="2">0014</td>
<td colspan="12">Zhone 1263M Cable 5 ft. DB26 (M) to M34 (M)
Straight-Thru</td>
<td colspan="4">14</td>
<td colspan="3">EA</td>
<td colspan="6">______________</td>
<td colspan="5">______________</td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td colspan="12"></td>
<td colspan="4"></td>
<td colspan="3"></td>
<td colspan="6"></td>
<td colspan="5"></td>
</tr>
</tbody>
</table>

> 1\. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)
> [4](#__RefHeading___Toc61679136)
>
> 2\. 52.212-1 INSTRUCTIONS TO OFFERORS\--COMMERCIAL ITEMS (OCT 2003)
> [5](#__RefHeading___Toc61679137)
>
> 3\. 52.212-2 EVALUATION\--COMMERCIAL ITEMS (JAN 1999)
> [8](#__RefHeading___Toc61679138)
>
> 4\. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS\--COMMERCIAL
> ITEMS (June 2003) [9](#__RefHeading___Toc61679139)
>
> 5\. 52.212-4 CONTRACT TERMS AND CONDITIONS\--COMMERCIAL ITEMS (Oct
> 2003) [15](#__RefHeading___Toc61679140)
>
> 6\. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
> STATUTES OR EXECUTIVE ORDERS\--COMMERCIAL ITEMS (OCT 2003)
> [19](#__RefHeading___Toc61679141)
>
> 7\. 52.247-34 F.O.B. DESTINATION (NOV 1991)
> [21](#__RefHeading___Toc61679142)
>
> 8\. LH.0000-0071 ELECTRONIC SUBMISSION OF DOCUMENTS VIA THE DOE IIPS
> SYSTEM (WAPA, 11/2002) [22](#__RefHeading___Toc61679143)
>
> 9\. LH.0000-0078 LOBBYING RESTRICTION (ENERGY AND WATER DEVELOPMENT
> APPROPRIATIONS ACT, 2003 (WAPA, 6/2003)
> [23](#__RefHeading___Toc61679144)
>
> 10\. LH.0000-0079 NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE
> EQUIPMENT AND PRODUCTS \--SENSE OF CONGRESS (WAPA, 1/2001)
> [23](#__RefHeading___Toc61679145)

[]{#__RefHeading___Toc61679136 .anchor}

**1. 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.

[]{#__RefHeading___Toc61679137 .anchor}

**2. 52.212-1 INSTRUCTIONS TO OFFERORS\--COMMERCIAL ITEMS (OCT 2003)**

\(a\) \"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.

\(2\) 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, Section D

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.

(End of provision)

[]{#__RefHeading___Toc61679138 .anchor}

**3. 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:

Technical (which is adherence to the requirement), past performance and
price.

Technical and past performance, when combined, are more important than
price.

\(b\) 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.

(End of Provision)

[]{#__RefHeading___Toc61679139 .anchor}

**4. 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 the stock of which 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

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;

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 certified 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):

Average Annual

Number of Employees Gross Revenues

\_\_\_\_\_\_50 or fewer \_\_\_\_\_\_ \$1 million or less

\_\_\_\_\_\_51 - 100 \_\_\_\_\_\_ \$1,000,0001 - \$2 million

\_\_\_\_\_\_101 - 250 \_\_\_\_\_\_ \$2,000,001 - \$3.5 million

\_\_\_\_\_\_251 - 500 \_\_\_\_\_\_ \$3,500,001 - \$5 million

\_\_\_\_\_\_501 - 750 \_\_\_\_\_\_ \$5,000,001 - \$10 million

\_\_\_\_\_\_751 - 1,000 \_\_\_\_\_\_ \$10,000,001 - \$17 million

\_\_\_\_\_\_Over 1,000 \_\_\_\_\_\_ Over \$17 million

\(9\) \[Complete only if the solicitation contains the clause at FAR

52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns, or FAR 52.219-25, Small Disadvantaged Business

Participation Program\--Disadvantaged Status and Reporting, and the

offeror desires a benefit based on its disadvantaged status.\]

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

\(A\) It /\_/ is, /\_/ is not certified by the Small Business

Administration as a small disadvantaged business concern and

identified, on the date of this representation, as a certified

small disadvantaged business concern in the database maintained by

the Small Business Administration (PRO-Net), and that no material

change in disadvantaged ownership and control has occurred since its

certification, and, where the concern is owned by one or more

individuals claiming disadvantaged status, the net worth of each

individual upon whom the certification is based does not exceed

\$750,000 after taking into account the applicable exclusions set

forth at 13 CFR 124.104(c)(2); or

\(B\) It /\_/ has, /\_/ has not submitted a completed application to

the Small Business Administration or a Private Certifier to be

certified as a small disadvantaged business concern in accordance

with 13 CFR 124, Subpart B, and a decision on that application is

pending, and that no material change in disadvantaged ownership and

control has occurred since its application was submitted.

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

Disadvantaged Business Concerns. The offeror represents, as part of

its offer, that it is a joint venture that complies with the

requirements in 13 CFR 124.1002(f) and that the representation in

paragraph (c)(9)(i) of this provision is accurate for the small

disadvantaged business concern that is participating in the joint

venture. \[The offer 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 o is, o 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 HUB
Zone employee percentage has occurred since it was certified by the
Small Business Administration in accordance with 13 CFR part 126; and

\(ii\) It o is, o 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.\"

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.

LINE ITEM NO COUNTRY OF ORIGIN

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

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

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

\[List as necessary\]

\(iv\) The Government will evaluate offers in accordance with 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

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

\(1\) Listed end products.

Listed End Product Listed Countries of Origin
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(2\) Certification. \[If the Contracting Officer has identified end

products and countries of origin in paragraph (i)(1) of this provision,

then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by

checking the appropriate block.\]

/\_/ (i) The offeror will not supply any end product listed in

paragraph (i)(1) of this provision that was mined, produced, or

manufactured in the corresponding country as listed for that product.

/\_/ (ii) The offeror may supply an end product listed in paragraph

(i)(1) of this provision that was mined, produced, or manufactured in
the

corresponding country as listed for that product. The offeror certifies

that it has made a good faith effort to determine whether forced or

indentured child labor was used to mine, produce, or manufacture any
such

end product furnished under this contract. On the basis of those

efforts, the offeror certifies that it is not aware of any such use of

child labor.

(End of provision)

[]{#__RefHeading___Toc61679140 .anchor}

**5. 52.212-4 CONTRACT TERMS AND CONDITIONS\--COMMERCIAL ITEMS (Oct
2003)**

\(a\) \"Inspection/Acceptance.\" The Contractor shall only tender for
acceptance those items that conform to the requirements of this
contract. The Government reserves the right to inspect or test any
supplies or services that have been tendered for acceptance. The
Government may require repair or replacement of nonconforming supplies
or reperformance of nonconforming services at no increase in contract
price. The Government must exercise its post-acceptance rights\--

\(1\) Within a reasonable time after the defect was discovered or

should have been discovered; and

\(2\) Before any substantial change occurs in the condition of the

item, unless the change is due to the defect in the item.

\(b\) \"Assignment.\" The Contractor or its assignee may assign its
rights to receive payment due as a result of performance of this
contract to a bank, trust company, or other financing institution,
including any Federal lending agency in accordance with the Assignment
of Claims Act (31 U.S.C. 3727). However, when a third party makes
payment (e.g., use of the Governmentwide commercial purchase card), the
Contractor may not assign its rights to receive payment under this
contract.

\(c\) \"Changes.\" Changes in the terms and conditions of this contract
may be made only by written agreement of the parties.

\(d\) \"Disputes.\" This contract is subject to the Contract Disputes
Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to
this contract to reach agreement on any request for equitable
adjustment, claim, appeal or action arising under or relating to this
contract shall be a dispute to be resolved in accordance with the clause
at FAR 52.233-1, Disputes, which is incorporated herein by reference.
The Contractor shall proceed diligently with performance of this
contract, pending final resolution of any dispute arising under the
contract.

\(e\) \"Definitions.\" The clause at FAR 52.202-1, Definitions, is
incorporated herein by reference.

\(f\) \"Excusable delays.\" The Contractor shall be liable for default
unless nonperformance is caused by an occurrence beyond the reasonable
control of the Contractor and without its fault or negligence such as,
acts of God or the public enemy, acts of the Government in either its
sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. The Contractor shall notify the Contracting Officer in writing
as soon as it is reasonably possible after the commencement of any
excusable delay, setting forth the full particulars in connection
therewith, shall remedy such occurrence with all reasonable dispatch,
and shall promptly give written notice to the Contracting Officer of the
cessation of such occurrence.

\(g\) \"Invoice.\"

\(1\) The Contractor shall submit an original invoice and three

copies (or electronic invoice, if authorized) to the address

designated in the contract to receive invoices. An invoice

must include\--

\(i\) Name and address of the Contractor;

\(ii\) Invoice date and number;

\(iii\) Contract number, contract line item number and, if

applicable, the order number;

\(iv\) Description, quantity, unit of measure, unit price and

extended price of the items delivered;

\(v\) Shipping number and date of shipment, including the bill

of lading number and weight of shipment if shipped on

Government bill of lading;

\(vi\) Terms of any discount for prompt payment offered;

\(vii\) Name and address of official to whom payment is to be

sent;

\(viii\) Name, title, and phone number of person to notify in

event of defective invoice; and

\(ix\) Taxpayer Identification Number (TIN). The Contractor

shall include its TIN on the invoice only if required

elsewhere in this contract.

\(x\) Electronic funds transfer (EFT) banking information.

\(A\) The Contractor shall include EFT banking information on

the invoice only if required elsewhere in this contract.

\(B\) If EFT banking information is not required to be on the

invoice, in order for the invoice to be a proper

invoice, the Contractor shall have submitted correct EFT

banking information in accordance with the applicable

solicitation provision, contract clause (e.g.,

52.232-33, Payment by Electronic Funds Transfer\--

Central Contractor Registration, or 52.232-34, Payment

by Electronic Funds Transfer\--Other Than Central

Contractor Registration), or applicable agency

procedures.

\(C\) EFT banking information is not required if the

Government waived the requirement to pay by EFT.

\(2\) Invoices will be handled in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and Office of Management and

Budget (OMB) prompt payment regulations at 5 CFR part 1315.

\(h\) \"Patent indemnity.\" The Contractor shall indemnify the
Government and its officers, employees and agents against liability,
including costs, for actual or alleged direct or contributory
infringement of, or inducement to infringe, any United States or foreign
patent, trademark or copyright, arising out of the performance of this
contract, provided the Contractor is reasonably notified of such claims
and proceedings.

\(i\) \"Payment.\--\"

\(1\) \"Items accepted.\" Payment shall be made for items accepted

by the Government that have been delivered to the delivery

destinations set forth in this contract.

\(2\) \"Prompt payment.\" The Government will make payment in

accordance with the Prompt Payment Act (31 U.S.C. 3903) and

prompt payment regulations at 5 CFR part 1315.

\(3\) \"Electronic Funds Transfer (EFT).\" If the Government makes

payment by EFT, see 52.212-5(b) for the appropriate EFT

clause.

\(4\) \"Discount.\" In connection with any discount offered for

early payment, time shall be computed from the date of

the invoice. For the purpose of computing the discount

earned, payment shall be considered to have been made on the

date which appears on the payment check or the specified

payment date if an electronic funds transfer is made.

\(5\) \"Overpayments.\" If the Contractor becomes aware of a

duplicate contract financing or invoice payment or that

the Government has otherwise overpaid on a contract financing

or invoice payment, the Contractor shall immediately notify

the Contracting Officer and request instructions for

disposition of the overpayment.

\(j\) \"Risk of loss.\" Unless the contract specifically provides
otherwise, risk of loss or damage to the supplies provided under this
contract shall remain with the Contractor until, and shall pass to the
Government upon:

\(1\) Delivery of the supplies to a carrier, if transportation

is f.o.b. origin; or

\(2\) Delivery of the supplies to the Government at the

destination specified in the contract, if transportation

is f.o.b. destination.

\(k\) \"Taxes.\" The contract price includes all applicable Federal,
State, and local taxes and duties.

\(l\) \"Termination for the Government\'s convenience.\" The

Government reserves the right to terminate this contract,

or any part hereof, for its sole convenience. In the event

of such termination, the Contractor shall immediately stop

all work hereunder and shall immediately cause any and

all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall

be paid a percentage of the contract price reflecting the

percentage of the work performed prior to the notice of

termination, plus reasonable charges the Contractor can

demonstrate to the satisfaction of the Government using its

standard record keeping system, have resulted from the

termination. The Contractor shall not be required to comply

with the cost accounting standards or contract cost

principles for this purpose. This paragraph does not give

the Government any right to audit the Contractor\'s records.

The Contractor shall not be paid for any work performed or

costs incurred which reasonably could have been avoided.

\(m\) \"Termination for cause.\" The Government may terminate this
contract, or any part hereof, for cause in the event of any default by
the Contractor, or if the Contractor fails to comply with any contract
terms and conditions, or fails to provide the Government, upon request,
with adequate assurances of future performance. In the event of
termination for cause, the Government shall not be liable to the
Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the Government for any and all rights and
remedies provided by law. If it is determined that the Government
improperly terminated this contract for default, such termination shall
be deemed a termination for convenience.

\(n\) \"Title.\" Unless specified elsewhere in this contract, title to
items furnished under this contract shall pass to the Government upon
acceptance, regardless of when or where the Government takes physical
possession.

\(o\) \"Warranty.\" The Contractor warrants and implies that the items
delivered hereunder are merchantable and fit for use for the particular
purpose described in this contract.

\(p\) \"Limitation of liability.\" Except as otherwise provided by an
express warranty, the Contractor will not be liable to the Government
for consequential damages resulting from any defect or deficiencies in
accepted items.

\(q\) \"Other compliances.\" The Contractor shall comply with all
applicable Federal, State and local laws, executive orders, rules and
regulations applicable to its performance under this contract.

\(r\) \"Compliance with laws unique to Government contracts.\" The
Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations
on the use of appropriated funds to influence certain Federal contracts;
18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et
seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58,
Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to
whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C.
423 relating to procurement integrity.

\(s\) \"Order of precedence.\" Any inconsistencies in this solicitation
or contract shall be resolved by giving precedence in the following
order:

\(1\) The schedule of supplies/services.

\(2\) The Assignments, Disputes, Payments, Invoice, Other

Compliances, and Compliance with Laws Unique to Government

Contracts paragraphs of this clause.

\(3\) The clause at 52.212-5.

\(4\) Addenda to this solicitation or contract, including any

license agreements for computer software.

\(5\) Solicitation provisions if this is a solicitation.

\(6\) Other paragraphs of this clause.

\(7\) The Standard Form 1449.

\(8\) Other documents, exhibits, and attachments.

\(9\) The specification.

\(t\) Central Contractor Registration (CCR).

\(1\) Unless exempted by an addendum to this contract,

the Contractor is responsible during performance and

through final payment of any contract for the accuracy and

completeness of the data within the CCR database, and for

any liability resulting from the Government\'s reliance on

inaccurate or incomplete data. To remain registered in the

CCR database after the initial registration, the Contractor

is required to review and update on an annual basis from

the date of initial registration or subsequent updates its

information in the CCR database to ensure it is current,

accurate and complete. Updating information in the CCR does

not alter the terms and conditions of this contract and is

not a substitute for a properly executed contractual

document.

\(2\)

\(i\) If a Contractor has legally changed its business name,

\"doing business as\" name, or division name (whichever is

shown on the contract), or has transferred the assets

used in performing the contract, but has not completed

the necessary requirements regarding novation and

change-of-name agreements in FAR Subpart 42.12, the

Contractor shall provide the responsible Contracting

Officer a minimum of one business day\'s written

notification of its intention to

\(A\) change the name in the CCR database;

\(B\) comply with the requirements of Subpart 42.12; and

\(C\) agree in writing to the timeline and procedures

specified by the responsible Contracting Officer.

The Contractor must provide with the notification

sufficient documentation to support the legally changed

name.

\(ii\) If the Contractor fails to comply with the requirements

of paragraph (t)(2)(i) of this clause, or fails to

perform the agreement at paragraph (t)(2)(i)(C) of this

clause, and, in the absence of a properly executed

novation or change-of-name agreement, the CCR

information that shows the Contractor to be other than

the Contractor indicated in the contract will be

considered to be incorrect information within the

meaning of the \"Suspension of Payment\" paragraph of the

electronic funds transfer (EFT) clause of this contract.

\(3\) The Contractor shall not change the name or address for EFT

payments or manual payments, as appropriate, in the CCR

record to reflect an assignee for the purpose of assignment

of claims (see Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the CCR

database. Information provided to the Contractor\'s CCR

record that indicates payments, including those made by EFT,

to an ultimate recipient other than that Contractor will be

considered to be incorrect information within the meaning

of the \"Suspension of payment\" paragraph of the EFT clause

of this contract.

\(4\) Offerors and Contractors may obtain information on

registration and annual confirmation requirements via the

internet at http://www.ccr.gov or by calling 1-888-227-2423

or 269-961-5757.

(End of clause)

[]{#__RefHeading___Toc61679141 .anchor}

**6. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS\--COMMERCIAL ITEMS (OCT 2003)**

\(a\) 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.

XX (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003)
(15 U.S.C. 644).

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

\_\_\_\_\_\_\_\_\_\_ (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.

\_\_\_\_\_\_\_\_\_\_ (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.

\_\_\_\_\_\_\_\_\_\_ (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).

XX (13) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

XX (14) 52.222-19, Child Labor- Cooperation with Authorities and
Remedies (SEP 2002) (E.O. 13126).

XX (15) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

XX (16) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246).

XX (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).

XX (18) 52.222-36, Affirmative Action for Workers with Disabilities (JUN
1998) (29 U.S.C. 793).

XX (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 EPADesignated 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)).

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

\_\_\_\_\_\_\_\_\_\_ (22)(i) 52.225-3, Buy American Act-North American
Free Trade Agreement-Israeli Trade Act (JUNE 2003) (41 U.S.C. 1 0a-10d,
19 U.S.C. 3301 note, 19 U.S.C. 2112 note).

\_\_\_\_\_\_\_\_\_\_ (ii) Alternate I (MAY 2002) of 52.225-3.

\_\_\_\_\_\_\_\_\_\_ (iii) Alternate II (MAY 2002) of 52.225-3.

\_\_\_\_\_\_\_\_\_\_ (23) 52.225-5, Trade Agreements (OCT 2003) (19
U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (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).

XX (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)).

XX (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: \[Contracting Officer check as
appropriate.\]

\_\_\_\_\_\_\_\_\_\_ (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.).

\_\_\_\_\_\_\_\_\_\_ (4) 52.222-44, Fair Labor Standards Act and Service
Contract Act-Price Adjustment (February 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 PreDecemberessor
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 (October

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 (April 2002) (E.O. 11246).

\(iii\) 52.222-35, Equal Opportunity for Special Disabled

Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

(December 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 (April 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.

(End of clause)

[]{#__RefHeading___Toc61679142 .anchor}

**7. 52.247-34 F.O.B. DESTINATION (NOV 1991)**

\(a\) The term \"f.o.b. destination,\" as used in this clause, means\--

\(1\) Free of expense to the Government, on board the carrier\'s

conveyance, at a specified delivery point where the consignee\'s
facility

(plant, warehouse, store, lot, or other location to which shipment can
be

made) is located; and

\(2\) Supplies shall be delivered to the destination consignee\'s wharf

(if destination is a port city and supplies are for export), warehouse

unloading platform, or receiving dock, at the expense of the Contractor.

The Government shall not be liable for any delivery, storage, demurrage,

accessorial, or other charges involved before the actual delivery (or

\"constructive placement\" as defined in carrier tariffs) of the
supplies

to the destination, unless such charges are caused by an act or order of

the Government acting in its contractual capacity. If rail carrier is

used, supplies shall be delivered to the specified unloading platform of

the consignee. If motor carrier (including \"piggyback\") is used,

supplies shall be delivered to truck tailgate at the unloading platform

of the consignee, except when the supplies delivered meet the

requirements of Item 568 of the National Motor Freight Classification
for

\"heavy or bulky freight.\" When supplies meeting the requirements of
the

referenced Item 568 are delivered, unloading (including movement to the

tailgate) shall be performed by the consignee, with assistance from the

truck driver, if requested. If the contractor uses rail carrier or

freight forwarded for less than carload shipments, the contractor shall

ensure that the carrier will furnish tailgate delivery, when required,
if

transfer to truck is required to complete delivery to consignee.

\(b\) The Contractor shall\--

(1)(i) Pack and mark the shipment to comply with contract

specifications; or

\(ii\) In the absence of specifications, prepare the shipment in

conformance with carrier requirements;

\(2\) Prepare and distribute commercial bills of lading;

\(3\) Deliver the shipment in good order and condition to the point of

delivery specified in the contract;

\(4\) Be responsible for any loss of and/or damage to the goods
occurring

before receipt of the shipment by the consignee at the delivery point

specified in the contract;

\(5\) Furnish a delivery schedule and designate the mode of delivering

carrier; and

\(6\) Pay and bear all charges to the specified point of delivery.

(End of clause)

[]{#__RefHeading___Toc61679143 .anchor}

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

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.

\(b\) Required file formats: All electronic files must be submitted in
one or more of the following Microsoft Office 97 (or newer) for Windows
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
for efficient electronic transmission, contact the Contracting Officer
before the proposal due date for further instructions.

\(c\) Offerors are responsible for ensuring their electronically
submitted files are free from viruses and are in the prescribed,
readable file format. To avoid making unintentional changes to any
offeror\'s proposal, Western will not translate files submitted in
incorrect file formats.

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

\(e\) 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.

End of Clause

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**9. 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.

(End of Clause)

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**10. 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.

(End of Notice)