> December 23, 2008
>
> Kyiv, Ukraine

American Embassy in Kyiv

4 Glybochitska St,

Kyiv, Ukraine

Subject: Bottled water supply to US Embassy Kyiv

Dear Prospective Quoter:

The Embassy of the United States of America invites you to submit a cost
proposal for the bottled water supply services.

The Request for Quotes (RFQ) consists of the following sections:

1.  Standard form 1449.

2.  Instructions for preparing and submitting Quotations.

3.  Schedule, basic information, scope-of-work and technical
    qualifications.

The Embassy will award a fixed-price contract. You are encouraged to
make your quote competitive. You are also cautioned against collusion
with other potential bidders with regard to price quotations to be
submitted. The RFQ does not commit the American Embassy, Kyiv, to make
an award. The Embassy can cancel the entire RFQ or part of it.

Please submit your cost proposal in English together with completed
SF-1449 to the US Embassy, 4 Glybochitska St. 4^th^ floor, by 17.00 on
January 20, 2009. Oral quotes will not be accepted.

Any questions concerning this RFQ shall be submitted in writing by fax
490-40-85.

Sincerely,

Russell Baum

Contracting Officer

US Embassy

**TABLE OF CONTENTS**

**Section 1 - The Schedule**

-   SF 1449 cover sheet

-   Continuation to SF-1449, RFQ Number SOUP300-09-Q-0002, Pricing,
    Block 19

-   Continuation to SF-1449, RFQ Number SOUP300-09-Q-0002, Schedule Of
    Supplies/Services, Description/Specifications/Work Statement

**Section 2 - Contract Clauses**

-   Contract Clauses

-   Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed
    in Part 12

**Section 3 - Solicitation Provisions**

-   Solicitation Provisions

-   Addendum to Solicitation Provisions - FAR and DOSAR Provisions not
    Prescribed in Part 12

**Section 4 - Evaluation Factors**

-   Evaluation Factors

-   Addendum to Evaluation Factors - FAR and DOSAR Provisions not
    Prescribed in Part 12

**Section 5 - Representations and Certifications**

-   Offeror Representations and Certifications

-   Addendum to Offeror Representations and Certifications - FAR and
    DOSAR Provisions not Prescribed in Part 12

**SECTION 1 - THE SCHEDULE**

1.  **CONTINUATION TO SF-1449, RFQ NUMBER SOUP300-09-Q-002**

**PRICES, BLOCK 19**

1\. [Scope of Work]{.underline}

This is indefinite quantity/indefinite delivery, firm-fixed price
contract. The contractor shall deliver drinking water in 19 L standard
bottles, coolers and plastic cups to all US Embassy Kyiv facilities.

2\. [Pricing]{.underline}

The proposal for water delivery services shall contain the cost of 19 L
capacity bottle of water, a cooler, one pack (100 ea.) of plastic cups
and quarterly sanitary treatment of cooler **[in Ukrainian Hrivnas
inclusive VAT 20%.]{.underline}**

The prices listed below shall include all labor, materials, insurance
(see FAR 52.228-4 and 52.228-5), overhead, profit, packaging,
transportation, and all local or federal taxes, if applicable.

**A.1 BASE YEAR**

In consideration of satisfactory performance of all the scheduled
service required under this contract the fixed price for the first year
of the contract (starting on the date stated in the Notice to Proceed
and continuing for a period of 12 months) is:

**Item Est. qty Unit price, Total price,**

**Number Description Unit per year UAH UAH**

1\. Water cooler rent EA 22

2\. 19 L bottle of water EA 2400

3\. Plastic cups, 100 ea package PKG 1850

4\. Quarterly sanitary treatment of coolers EA 88

**ESTIMATED TOTAL CONTRACT PRICE [UAH]{.underline}** \_\_\_\_\_\_

## A.1.1 MINIMUM/MAXIMUM

The U.S. Government guarantees the following minimum and maximum orders
under this contract during this base year:

[]{.mark}

a\) Water coolers rent minimum of 4; maximum of 30.

b\) 19 L bottle of water: minimum of 200; maximum of 3000.

c\) Plastic cups, 100 ea/pkg: minimum of 200; maximum of 4000.

**A.2 OPTIONAL YEAR ONE**

## Option Term: Twelve (12) Months from expiration of base year

In consideration of satisfactory performance of all the scheduled
service required under this contract the fixed price for the base year
of the contract is:

**Item Est. qty Unit price, Total price,**

**Number Description Unit per year UAH UAH**

1\. Water cooler rent EA 22

2\. 19 L bottle of water EA 2400

3\. Plastic cups, 100 ea package PKG 1850

4\. Quarterly sanitary treatment of coolers EA 88

**ESTIMATED TOTAL CONTRACT PRICE [UAH]{.underline} \_\_\_\_\_\_**

## A.2.1 MINIMUM/MAXIMUM

The U.S. Government guarantees the following minimum and maximum orders
under this contract during this year:

Water coolers rent minimum of 4; maximum of 30.

19 L bottle of water: minimum of 200; maximum of 3000.

Plastic cups, 100 ea/pkg: minimum of 200; maximum of 4000.

**A.3 OPTIONAL YEAR TWO**

## Option Term: Twelve (12) Months from expiration of first option year

In consideration of satisfactory performance of all the scheduled
service required under this contract the fixed price for the first
option year of the contract is:

**Item Est. qty Unit price, Total price,**

**Number Description Unit per year UAH UAH**

1\. Water cooler (purchase or rent) EA 22

2\. 19 L bottle of water EA 2400

3\. Plastic cups, 100 ea package PKG 1850

4\. Quarterly sanitary treatment of coolers EA 88

**ESTIMATED TOTAL CONTRACT PRICE [UAH]{.underline} \_\_\_\_\_\_**

## A.3.1 MINIMUM/MAXIMUM

The U.S. Government guarantees the following minimum and maximum orders
under this contract during this year:

Water coolers rent minimum of 4; maximum of 30.

19 L bottle of water: minimum of 200; maximum of 3000.

Plastic cups, 100 ea/pkg: minimum of 200; maximum of 4000.

**A.4 [GRAND TOTAL]{.underline}**

Base Year Total: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

First Option Year Total: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Second Option Year Total:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**GRAND TOTAL: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**CONTINUATION TO SF-1449, RFQ NUMBER SOUP300-09-Q-002**

**SCHEDULE OF SUPPLIES/SERVICES,**

**DESCRIPTION/SPECIFICATIONS/WORK STATEMENT**

1\. [Specifications]{.underline}

The purpose of this firm-fixed price contract is to supply US Embassy
with Bottled Drinking Water, which meets to the Ministry of Health of
Ukraine drinking water standards. The copy of NSF certification can be
provided along with price proposal if firm has obtained such
certification however US Government will not give any preferences in
this case (link for NSF: <http://www.nsf.org/business/about_NSF/>).

**The US Government reserves the right at any time to do its own test of
water samples before contract award or during contract performance. The
results of water tests may impact on contract award decision**.

2\. [Notice to proceed and Period of Performance]{.underline}

This contract includes a Notice to Proceed requirement. This Notice to
Proceed will be issued within 10 calendar days of award.

The performance period under this contract will commence on the date
listed in the Notice to Proceed and continue for twelve months.

This contract also contains FAR 52.217-9. "Option to Extend the Term of
the Contract". This option allows an additional [two]{.underline}
12-month periods of performance.

3\. [PLACE OF DELIVERY]{.underline}

The contractor shall deliver supplies described in Scope of work to the
following addresses:

**[Location Water Coolers Location]{.underline}**

+-----------------------+-----------------------+-----------------------+
| **10 Yuria            | **Annex Chancery,     |                       |
| Kotsubinskoho Str.    | Cafeteria , Guard     |                       |
| Chancery building**   | Booth**               |                       |
+-----------------------+-----------------------+-----------------------+
| **6 Pimonenko Str.    | **Consular waiting    |                       |
| Consular building**   | area, Consular        |                       |
|                       | building**            |                       |
+-----------------------+-----------------------+-----------------------+
| **4 Hlybotchytska     | **4^th^ floor and     |                       |
| Str, ABC**            | 5^th^ floor**         |                       |
|                       |                       |                       |
| **Artyom Business     |                       |                       |
| Center**              |                       |                       |
+-----------------------+-----------------------+-----------------------+

**[Program Operation]{.underline}**

The embassy will provide space equipped with the 220 V power sockets for
the water coolers placement. Mentioned areas will be assigned in
compliance with the program requirements to provide an easy access of
the Embassy Personnel and Contractor service staff.

**[Program Requirements]{.underline}**

1\. Contractor will provide the Embassy with the quality bottled water
and plastic cups within 24 hours after request from authorized US
Embassy personnel is received. Such request should include exact
quantity of bottles of drinking water, plastic cups, water coolers,
delivery location and person of contact (POC). Orders could be placed by
phone, fax or e-mail.

3\. The contractor will replace broken water coolers in 24 hrs after
notification from authorized Embassy personnel.

4\. The contractor shall provide quarterly sanitary treatment of water
coolers/water pumps being rented by the US Embassy Kyiv in accordance
with approved schedule.

5\. Contractor should regularly pick up empty bottles from US Embassy
Kyiv locations provided below:

**[Location Water Coolers Location Location of empty
bottles]{.underline}**

+-----------------------+-----------------------+-----------------------+
| **10 Yuria            | **Annex Chancery,     | **By the Guard        |
| Kotsubinskoho Str.    | Cafeteria , Guard     | Booth**               |
| Chancery building**   | Booth**               |                       |
+-----------------------+-----------------------+-----------------------+
| **6 Pimonenko Str.    | **Consular waiting    | **By the waiting      |
| Consular building**   | area, Consular        | area**                |
|                       | building**            |                       |
+-----------------------+-----------------------+-----------------------+
| **4 Hlybotchytska     | **4^th^ floor and     | **4^th^ floor stair   |
| Str, ABC**            | 5^th^ floor**         | storage**             |
|                       |                       |                       |
| **Artyom Business     |                       | **5^th^ floor         |
| Center**              |                       | elevator storage**    |
+-----------------------+-----------------------+-----------------------+

5\. Water coolers should comply with all technical requirements to local
electrical power circuits.

Contractor service/maintenance staff should have proper training and be
certified to service/repair such equipment at US Embassy Kyiv premises.

6\. The Contractor shall designate a Project Manager who will be the
point of contact for the water supply contract. The Project Manager
shall be responsible for managing the work and ensuring a smooth and
effective operation.

The Contractor should provide the Embassy with a Dispatcher telephone
number which is reachable 24 hours a day.

7\. If the Contractor fails to perform scheduled water delivery due it's
fault, negligence, such as vehicle breakage or road accident, the
Contractor shall deliver requested water supply on the same day as
previously scheduled delivery.

8\. The Contractor should provide a water supply system control. Each
water delivery should be supported by ticket to include quantity of
products delivered or service provided, date, name of the Contractor's
responsible person and any other relevant information. Such ticket will
be considered valid only if signed by authorized Embassy personnel which
accepted the delivery. Sample of such ticket should be provided along
with the rest of solicitation package. The monthly invoice shall be
based on the information collected in the water supply control system.

2.  [Deliverables]{.underline}

The following items shall be delivered under this contract:

[Description]{.underline} [Quantity]{.underline} [Delivery
Date]{.underline} [Deliver to:]{.underline}

List of Personnel 1 5 days after award Contracting Office

3\. [Personnel requirements]{.underline}

3.1 Removal of Personnel

The Contractor shall maintain discipline at the site and at all times
take all reasonable precautions to prevent any unlawful, riotous or
disorderly conduct by or among those employed at the site and for the
preservation of peace and protection of persons and property in the
neighborhood of the project against the same. The Contracting Officer
may require, in writing that the Contractor remove from the work any
employee that the Contracting Officer deems incompetent, careless,
insubordinate or otherwise objectionable, or whose continued employment
on the project is deemed by the Contracting Officer to be contrary to
the Government\'s interests.

3.2 Notice to the Government of Labor Disputes

If the Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this
contract, the Contractor shall immediately give notice, including all
relevant information, to the Contracting Officer.

3.3 Personnel Security

After award of the contract, the Contractor has five calendar days to
submit to the Contracting Officer a list of workers and supervisors
assigned to this project for the Government to conduct all necessary
security checks. It is anticipated that security checks will take 30
days to perform. For each individual the list shall include:

Full Name

Place and Date of Birth

Current Address

Passport Copy

Failure to provide any of the above information may be considered
grounds for rejections and/or re-submittal of the application.

3.4 Language Proficiency

The manager assigned by the contractor to superintend the work on-site,
as required by FAR 52.236-6, \"Superintendence by the Contractor\",
shall be fluent in written and spoken English.

4\. [Insurance]{.underline}

The Contractor shall obtain any types of insurance required by local law
or that are ordinarily or customarily obtained in the location of the
work. The limit of such insurance shall be as provided by law or
sufficient to meet normal and customary claims.

The Contractor agrees that the Government shall not be responsible for
personal injuries or for damages to any property of the Contractor, its
officers, agents, servants, and employees, or any other person, arising
from and incident to the Contractor\'s performance of this contract. The
Contractor shall hold harmless and indemnify the Government from any and
all claims arising therefrom, except in the instance of gross negligence
on the part of the Government.

The Contractor shall obtain adequate insurance for damage to, or theft
of, materials and equipment in insurance coverage for loose transit to
the site or in storage on or off the site.

5\. [Laws and Regulations]{.underline}

The Contractor shall, without additional expense to the Government, be
responsible for complying with all laws, codes, ordinances, and
regulations applicable to the performance of the work, including those
of the host country, and with the lawful orders of any governmental
authority having jurisdiction.

**SECTION 2 - CONTRACT CLAUSES**

[FAR 52.212-4, CONTRACT TERMS AND CONDITIONS \-- COMMERCIAL ITEMS (FEB
2007), IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK
27A).]{.underline}

ADDENDUM TO 52.212-4

None

52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders - Commercial Items (JUN 2008)

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

    1.  52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

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

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

+---+------------------------------------------------------------------+
|   | ## Clause Number and Title                                       |
+---+------------------------------------------------------------------+
|   | \(1\) 52.203-6, Restrictions on Subcontractor Sales to the       |
|   | Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402) |
|   | (SEPT 2006). *\[Check if order exceeds \$100,000\]*              |
+---+------------------------------------------------------------------+
|   | \(2\) -- (16) \[Reserved\].                                      |
+---+------------------------------------------------------------------+
|   | \(17\) 52.222-19, Child Labor -- Cooperation with Authorities    |
|   | and Remedies (JUN 2008) (E.O. 13126). *\[Check if order is for   |
|   | supplies and exceeds the micro-purchase threshold\]*             |
+---+------------------------------------------------------------------+
|   | \(18\) 52.222-21, Prohibition of Segregated Facilities (FEB      |
|   | 1999). *\[Check if the following apply: for supplies, the order  |
|   | exceeds \$10,000 and is awarded to a U.S. firm. For services,    |
|   | the order exceeds \$10,000 and is awarded to a U.S. firm whose   |
|   | employees who will be performing the work were recruited within  |
|   | the U.S.\]*                                                      |
+---+------------------------------------------------------------------+
|   | \(19\) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).     |
|   | *\[Check if the following apply: for supplies, the order exceeds |
|   | \$10,000 and is awarded to a U.S. firm. For services, the order  |
|   | exceeds \$10,000 and is awarded to a U.S. firm whose employees   |
|   | who will be performing the work were recruited within the        |
|   | U.S.\]*                                                          |
+---+------------------------------------------------------------------+
|   | \(20\) 52.222-35, Equal Opportunity for Special Disabled         |
|   | Veterans, Veterans of the Vietnam Era, and Other Eligible        |
|   | Veterans (SEPT 2006) (38 U.S.C. 4212). *\[Check if the following |
|   | apply: for supplies, the order exceeds \$10,000 and is awarded   |
|   | to a U.S. firm. For services, the order exceeds \$10,000 and is  |
|   | awarded to a U.S. firm whose employees who will be performing    |
|   | the work were recruited within the U.S.\]*                       |
+---+------------------------------------------------------------------+
|   | \(21\) 52.222-36, Affirmative Action for Workers with            |
|   | Disabilities (JUN 1998) (29 U.S.C. 793). *\[Check if the         |
|   | following apply: for supplies, the order exceeds \$10,000 and is |
|   | awarded to a U.S. firm. For services, the order exceeds \$10,000 |
|   | and is awarded to a U.S. firm whose employees who will be        |
|   | performing the work were recruited within the U.S.\]*            |
+---+------------------------------------------------------------------+
|   | \(22\) 52.222-37, Employment Reports on Special Disabled         |
|   | Veterans, Veterans of the Vietnam Era, and Other Eligible        |
|   | Veterans (SEPT 2006)) (38 U.S.C. 4212). *\[Check if you have     |
|   | included the clause 52.222-35\]*                                 |
+---+------------------------------------------------------------------+
|   | \(23\) 52.222-39, Notification of Employee Rights Concerning     |
|   | Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). *\[check  |
|   | if over \$100,000\]*                                             |
+---+------------------------------------------------------------------+
|   | (24)(i) 52.222-50 Combating Trafficking in Persons (AUG 2007)    |
+---+------------------------------------------------------------------+
|   | \(ii\) Alternate I (AUG 2007) of 52.222-50 *\[Check if local law |
|   | identifies "off limit establishments"\]*                         |
+---+------------------------------------------------------------------+
|   | (25)-(29) Reserved                                               |
+---+------------------------------------------------------------------+
|   | \(30\) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et |
|   | seq., 19 U.S.C. 3301 note). \[Check if the order is for supplies |
|   | and the amount exceeds \$193,000\]                               |
+---+------------------------------------------------------------------+
| X | \(31\) 52.225-13 Restrictions on Certain Foreign Purchases (JUN  |
|   | 2008) (E.O.s, proclamations, and statutes administered by the    |
|   | Office of Foreign Assets Control of the Department of the        |
|   | Treasury). \[Check if the order is for either supplies or        |
|   | services and the amount exceeds the micro-purchase threshold,    |
|   | unless authorized by OFAC\]                                      |
+---+------------------------------------------------------------------+
|   | (32-35) Reserved                                                 |
+---+------------------------------------------------------------------+
|   | \(36\) 52.232-33, Payment by Electronic Funds Transfer --        |
|   | Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).     |
|   | \[Check if payment will be made by EFT and the contractor has    |
|   | registered in the CCR\]                                          |
+---+------------------------------------------------------------------+
| X | \(37\) 52.232-34, Payment by Electronic Funds Transfer -- Other  |
|   | than Central Contractor Registration (MAY 1999) (31 U.S.C.       |
|   | 3332). \[Check if payment will be made by either EFT or other    |
|   | means, e.g., check, and the contractor has not registered in the |
|   | CCR\]                                                            |
+---+------------------------------------------------------------------+
|   | (38-39) Reserved                                                 |
+---+------------------------------------------------------------------+
|   | (40))(i) 52.247-64, Preference for Privately Owned U.S.-Flag     |
|   | Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10     |
|   | U.S.C. 2631). \[Check if the order is for supplies that may      |
|   | involve ocean transportation: at least 50% of the gross tonnage  |
|   | must be transported on privately owned U.S.-flag commercial      |
|   | vessels to the extent that such vessels are available at rates   |
|   | that are fair and reasonable for U.S.-flag commercial vessels\]  |
+---+------------------------------------------------------------------+
|   | \(ii\) Alternate I (APR 2003) of 52.247-64. \[Check if 100% of   |
|   | the supplies will be transported on privately owned U.S.-flag    |
|   | commercial vessels\]                                             |
+---+------------------------------------------------------------------+

\(c\) \[Reserved\]

\(d\) *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) *\[This paragraph applies only if award is made to a U.S. firm\]*
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 (SEPT 2006) (15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer subcontracting
opportunities. If the subcontract (except subcontracts to small business
concerns) exceeds \$550,000 (\$1,000,000 for construction of any public
facility), the subcontractor must include 52.219-8 in lower tier
subcontracts that offer subcontracting opportunities.

\(ii\) 52.222-26, Equal Opportunity (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 (JUN
1998) (29 U.S.C. 793).

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

\(vi\) \[Reserved\].

\(vii\) 52.2222-50, Combating Trafficking in Persons (AUG 2007)(22 USC
7104(g)). Flow down required in accordance with paragraph (f) of
52.222-50.

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

**ADDENDUM TO CONTRACT CLAUSES**

**FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12**

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.arnet.gov/far or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
<http://www.statebuy.gov/home.htm> to see the links to the FAR. You may
also use an Internet "search engine" (e.g., Yahoo, Excite, Alta Vista,
etc.) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by
reference:

[Clause]{.underline} [Title and Date]{.underline}

Inconsistency Between English Version and Translation of Contract (FEB
2000)

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (APR
1984)

52.228-5 Insurance - Work on a Government Installation (JAN 1997)

52.245-4 Government-Furnished Property (Short Form) (JUN 2003) (applies
only if Government-furnished property is a part of this purchase order)

[652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG
1999)]{.underline}

> \(a\) General. The Government shall pay the contractor as full
> compensation for all work required, performed, and accepted under this
> contract the firm fixed-price stated in this contract.

\(b\) Invoice Submission. The contractor shall submit invoices in an
original to the office identified in Block 18b of the SF-1449. To
constitute a proper invoice, the invoice shall include all the items
required by FAR 32.905(e).

**The contractor shall show Value Added Tax (VAT) as a separate item on
invoices submitted for payment.**

> \(c\) Contractor Remittance Address. The Government will make payment
> to the contractor's address stated on the cover page of this contract,
> unless a separate remittance address is shown below:

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

[652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR
2004)]{.underline}

All work shall be performed during the period of January 2009 until
January 2010, from 8 am until 6 pm, except for the holidays identified
below. The Contracting Officer's Representative may approve other hours.
Notice must be given 24 hours in advance to COR who will consider any
deviation from the hours identified above.

The Department of State observes the following days as holidays:

> New Year\'s Day

Martin Luther King\'s Birthday

Washington's\' Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

Orthodox Christmas

Orthodox Easter

International Women Day

International Labor Day

Victory Day

Holy Trinity

Constitutional Day, Ukraine

Independence Day, Ukraine

Any other day designated by Federal law, Executive Order or Presidential
Proclamation.

(a) When any such day falls on a Saturday or Sunday, the following
    Monday is observed. Observance of such days by Government personnel
    shall not be cause for additional period of performance or
    entitlement to compensation except as set forth in the contract.

[652.242-70 CONTRACTING OFFICER\'S REPRESENTATIVE (COR) AUG
1999)]{.underline}

\(a\) The Contracting Officer may designate in writing one or more
Government employees, by name or position title, to take action for the
Contracting Officer under this contract. Each designee shall be
identified as a Contracting Officer's Representative (COR). Such
designation(s) shall specify the scope and limitations of the authority
so delegated; provided, that the designee shall not change the terms or
conditions of the contract, unless the COR is a warranted Contracting
Officer and this authority is delegated in the designation.

\(b\) The COR for this contract is **Procurement Assistant Yaroslav
Lenchik**

[52.216-18 ORDERING (OCT 1995)]{.underline}

(a) Any supplies and services to be furnished under this contract shall
    be ordered by issuance of delivery orders or task orders by the
    individuals or activities designated in the Schedule.

(b) All delivery orders or task orders are subject to the terms and
    conditions of this contract. In the event of conflict between a
    delivery order or task order and this contract, the contract shall
    control.

(c) If mailed, a delivery order or task order is considered \"issued\"
    when the Government deposits the order in the mail. Orders may be
    issued orally, by facsimile, or by electronic commerce methods only
    if authorized in the Schedule.

> [52.216-19 ORDER LIMITATIONS (OCT 1995)]{.underline}

(a) Minimum order. When the Government requires supplies or services
    covered by this contract in an amount of less than 3,800.00 UAH, the
    Government is not obligated to purchase, nor is the Contractor
    obligated to furnish, those supplies or services under the contract.

\(b\) Maximum order. The Contractor is not obligated to honor\--

1.  Any order for a single item in excess of 50,000.00 UAH;

2.  Any order for a combination of items in excess of 300,000.00 UAH; or

3.  A series of orders from the same ordering office within15 days that
    together call for quantities exceeding the limitation in
    subparagraph (1) or (2) above.

    ( c) If this is a requirements contract (i.e., includes the
    Requirement clause at subsection 52.216-21 of the Federal
    Acquisition Regulation (FAR)), the Government is not required to
    order a part of any one requirement from the Contractor if that
    requirement exceeds the maximum-order limitations in paragraph (b)
    above.

((d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall
honor any order exceeding the maximum order limitations in paragraph
(b), unless that order (or orders) is returned to the ordering office
within 3 days after issuance, with written notice stating the
Contractor\'s intent not to ship the item (or items) called for and the
reasons. Upon receiving this notice, the Government may acquire the
supplies or services from another source.

[52.216-22 INDEFINITE QUANTITY (OCT 1995)]{.underline}

\(a\) This is an indefinite-quantity contract for the supplies or
services specified, and effective for the period stated, in the
Schedule. The quantities of supplies and services specified in the
Schedule are estimates only and are not purchased by this contract.

\(b\) Delivery or performance shall be made only as authorized by orders
issued in accordance with the Ordering clause. The Contractor shall
furnish to the Government, when and if ordered, the supplies or services
specified in the Schedule up to and including the quantity designated in
the Schedule as the \"maximum.\" The Government shall order at least the
quantity of supplies or services designated in the Schedule as the
\"minimum.\"

\(c\) Except for any limitations on quantities in the Order Limitations
clause or in the Schedule, there is no limit on the number of orders
that may be issued. The Government may issue orders requiring delivery
to multiple destinations or performance at multiple locations.

\(d\) Any order issued during the effective period of this contract and
not completed within that period shall be completed by the Contractor
within the time specified in the order. The contract shall govern the
Contractor's and Government's rights and obligations with respect to
that order to the same extent as if the order were completed during the
contract's effective period; *provided*, that the Contractor shall not
be required to make any deliveries under this contract after 1 October
2009.

[52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)]{.underline}

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. The option
provision may be exercised more than once, but the total extension of
performance hereunder shall not exceed 6 months. The Contracting Officer
may exercise the option by written notice to the Contractor within the
performance period of the contract.

[52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)]{.underline}

(a) The Government may extend the term of this contract by written
    notice to the Contractor within the performance period of the
    contract or within 30 days after funds for the option year become
    available, whichever is later.

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

(c) The total duration of this contract, including the exercise of any
    options under this clause, shall not exceed **3 years and 6
    months**.

[52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR
1984)]{.underline}

Funds are not presently available for performance under this contract
beyond September 30 of the current calendar year. The Government\'s
obligation for performance of this contract beyond that date is
contingent upon the availability of appropriated funds from which
payment for contract purposes can be made. No legal liability on the
part of the Government for any payment may arise for performance under
this contract beyond September 30 of the current calendar year, until
funds are made available to the Contracting Officer for performance and
until the Contractor receives notice of availability, to be confirmed in
writing by the Contracting Officer.

[652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)]{.underline}

\(a\) The contractor warrants the following:

\(1\) That is has obtained authorization to operate and do business in
the country or countries in which this contract will be performed;

\(2\) That is has obtained all necessary licenses and permits required
to perform this contract; and,

\(3\) That it shall comply fully with all laws, decrees, labor
standards, and regulations of said country or countries during the
performance of this contract.

\(b\) If the party actually performing the work will be a subcontractor
or joint venture partner, then such subcontractor or joint venture
partner agrees to the requirements of paragraph (a) of this clause.

**SECTION 3 - SOLICITATION PROVISIONS**

FAR 52.212-1, Instructions to Offerors \-- Commercial Items (JUN 2008),
is incorporated by reference. (See SF-1449, block 27a).

**ADDENDUM TO SOLICITATION PROVISIONS**

**FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12**

[52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (APR
1998)]{.underline}

This solicitation incorporates one or more solicitation provisions by
reference, with the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed
electronically at

http://acquisition.gov/far/index.html/ or
http://farsite.hill.af.mil/search.htm

These addresses are subject to change. IF the FAR is not available at
the locations indicated above, use of an Internet "search engine" (e.g.,
Yahoo, Infoseek, Alta Vista, etc.) is suggested to obtain the latest
location of the most current FAR provisions.

The following Federal Acquisition Regulation solicitation provisions are
incorporated by reference:

[Clause]{.underline} [Title and Date]{.underline}

52.204-6 Contractor Identification Number \-- Data Universal Numbering

System (DUNS) Number (APR 2008)

52.214-34 Submission of Offers in the English Language (APR 1991)

**SECTION 4 - EVALUATION FACTORS**

-   Award will be made to the lowest priced, technically acceptable,
    responsible offeror. The quoter shall submit a completed
    solicitation, including Sections 1 and 5.

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-   The Government reserves the right to reject proposals that are
    unreasonably low or high in price.

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-   **The US Government reserves the right to do its own independent
    testing of water samples before contract award. The results of water
    tests may impact on contract award decision**.

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-   The lowest price will be determined by multiplying the offered
    prices times the estimated quantities in "Prices - Continuation of
    SF-1449, block 23", and arriving at a grand total, including all
    options.

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-   The Government will determine acceptability by assessing the
    offeror\'s compliance with the terms of the RFQ.

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```
-   The Government will determine contractor responsibility by analyzing
    whether the apparent successful offeror complies with the
    requirements of FAR 9.1, including:

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-   adequate financial resources or the ability to obtain them;

-   ability to comply with the required performance period, taking into
    consideration all existing commercial and governmental business
    commitments;

-   satisfactory record of integrity and business ethics;

-   necessary organization, experience, and skills or the ability to
    obtain them;

-   quality of water

-   necessary equipment and facilities or the ability to obtain them;
    and

-   be otherwise qualified and eligible to receive an award under
    applicable laws and regulations (all necessary certificates and
    licenses from Ministry of Health of Ukraine and other local
    governmental entities).

**SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS**

2.212-3 Offeror Representations and Certifications---Commercial Items
(June 2008)

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

\(a\) ReservedDefinitions. As used in this provision---

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

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

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

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

"Manufactured end product" means any end product in Federal Supply
Classes (FSC) 1000-9999, except---

\(1\) FSC 5510, Lumber and Related Basic Wood Materials;

\(2\) Federal Supply Group (FSG) 87, Agricultural Supplies;

\(3\) FSG 88, Live Animals;

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

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

\(6\) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

\(7\) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

\(8\) FSC 9610, Ores;

\(9\) FSC 9620, Minerals, Natural and Synthetic; and

\(10\) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled
out of components, or otherwise made or processed from raw materials
into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not
the place of manufacture.

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

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

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

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

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

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

\(6\) Have been voluntarily suspended.

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

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

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

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

\(2\) Service-disabled veteran means a veteran, as defined in
[38 U.S.C. 101(2)](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++(38)  AND ((38) ADJ USC)%3ACITE         ),
with a disability that is service-connected, as defined in
[38 U.S.C. 101(16)](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++(38)  AND ((38) ADJ USC)%3ACITE         ).

"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)](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++(38)  AND ((38) ADJ USC)%3ACITE         ))
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

\(1\) Whose management and daily business operations are controlled by
one or more women.

\(b\)

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

\(2\) The offeror has completed the annual representations and
certifications electronically via the ORCA website at
[http://orca.bpn.gov](http://orca.bpn.gov/). After reviewing the ORCA
database information, the offeror verifies by submission of this offer
that the representations and certifications currently posted
electronically at FAR 52.212-3, Offeror Representations and
Certifications---Commercial Items, have been entered or updated in the
last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this
offer and are incorporated in this offer by reference (see FAR
[4.1201](http://acquisition.gov/far/current/html/Subpart 4_12.html#wp1073667)),
except for paragraphs \_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[Offeror to identify the applicable paragraphs at (c) through (m) of
this provision that the offeror has completed for the purposes of this
solicitation only, if any.

These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete as of
the date of this offer.

Any changes provided by the offeror are applicable to this solicitation
only, and do not result in an update to the representations and
certifications posted on ORCA.\]

(c-d) Reserved

\(e\) Certification Regarding Payments to Influence Federal Transactions
([31 ]{.underline}U.S.C. 1352). (Applies only if the contract is
expected to exceed \$100,000.) By submission of its offer, the offeror
certifies to the best of its knowledge and belief that no Federal
appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress on his or her behalf in connection with
the award of any resultant contract. If any registrants under the
Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf
of the offeror with respect to this contract, the offeror shall complete
and submit, with its offer, OMB Standard Form LLL, Disclosure of
Lobbying Activities, to provide the name of the registrants. The offeror
need not report regularly employed officers or employees of the offeror
to whom payments of reasonable compensation were made.

\(f\) Reserved.

(g)(1) Buy American Act---Free Trade Agreements---Israeli Trade Act
Certificate. (Applies only if the clause at
FAR [52.225-3](http://acquisition.gov/far/current/html/52_223_226.html#wp1169038),
Buy American Act---Free Trade Agreements---Israeli Trade Act, is
included in this solicitation.)

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

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

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

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

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

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

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

\[List as necessary\]

\(iii\) The offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (g)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled "Buy
American Act---Free Trade Agreements---Israeli Trade Act." The offeror
shall list as other foreign end products those end products manufactured
in the United States that do not qualify as domestic end products.

Other Foreign End Products:

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

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

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

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

\[List as necessary\]

\(iv\) The Government will evaluate offers in accordance with the
policies and procedures of
FAR [Part 25](http://acquisition.gov/far/current/html/FARTOCP25.html#wp225048).

\(2\) Buy American Act---Free Trade Agreements---Israeli Trade Act
Certificate, Alternate I. If Alternate I to the clause at
FAR [52.225-3](http://acquisition.gov/far/current/html/52_223_226.html#wp1169038)
is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are
Canadian end products as defined in the clause of this solicitation
entitled "Buy American Act---Free Trade Agreements---Israeli Trade Act":

Canadian End Products:

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

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

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

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

\[List as necessary\]

\(3\) Buy American Act---Free Trade Agreements---Israeli Trade Act
Certificate, Alternate II. If Alternate II to the clause at
FAR [52.225-3](http://acquisition.gov/far/current/html/52_223_226.html#wp1169038)
is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are
Canadian end products or Israeli end products as defined in the clause
of this solicitation entitled "Buy American Act---Free Trade
Agreements---Israeli Trade Act":

Canadian or Israeli End Products:

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

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

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

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

\[List as necessary\]

\(4\) Trade Agreements Certificate. (Applies only if the clause at
FAR [52.225-5](http://acquisition.gov/far/current/html/52_223_226.html#wp1169151),
Trade Agreements, is included in this solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated
country end product, as defined in the clause of this solicitation
entitled "Trade Agreements."

\(ii\) The offeror shall list as other end products those end products
that are not U.S.-made or designated country end products.

Other End Products:

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

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

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

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

\[List as necessary\]

\(iii\) The Government will evaluate offers in accordance with the
policies and procedures of
FAR [Part 25](http://acquisition.gov/far/current/html/FARTOCP25.html#wp225048).
For line items covered by the WTO GPA, the Government will evaluate
offers of U.S.-made or designated country end products without regard to
the restrictions of the Buy American Act. The Government will consider
for award only offers of U.S.-made or designated country end products
unless the Contracting Officer determines that there are no offers for
such products or that the offers for such products are insufficient to
fulfill the requirements of the solicitation.

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

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

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

\(3\) o Are, o are not presently indicted for, or otherwise criminally
or civilly charged by a Government entity with, commission of any of
these offenses enumerated in paragraph (h)(2) of this clause; and

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

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

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

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

\(ii\) Examples.

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

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

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

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

\(i\) Certification Regarding Knowledge of Child Labor for Listed End
Products (Executive Order 13126). \[The Contracting Officer must list in
paragraph (i)(1) any end products being acquired under this solicitation
that are included in the List of Products Requiring Contractor
Certification as to Forced or Indentured Child Labor, unless excluded at
[22.1503](http://acquisition.gov/far/current/html/Subpart 22_15.html#wp1088086)(b).\]

\(1\) Listed end products.

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

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

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

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

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

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

\(j\) Place of manufacture. (Does not apply unless the solicitation is
predominantly for the acquisition of manufactured end products.) For
statistical purposes only, the offeror shall indicate whether the place
of manufacture of the end products it expects to provide in response to
this solicitation is predominantly---

\(1\) o In the United States (Check this box if the total anticipated
price of offered end products manufactured in the United States exceeds
the total anticipated price of offered end products manufactured outside
the United States); or

\(2\) o Outside the United States.

\(k\) Reserved

\(l\) Taxpayer Identification Number (TIN) ([26 U.S.C.
6109](http://uscode.house.gov/), [31 U.S.C.
7701](http://uscode.house.gov/)). (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
(l)(3) through (l)(5) of this provision to comply with debt collection
requirements of [31 U.S.C. 7701(c) and
3325(d)](http://uscode.house.gov/), reporting requirements of [26 U.S.C.
6041, 6041A, and 6050M](http://uscode.house.gov/), 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)](http://uscode.house.gov/)). If the
resulting contract is subject to the payment reporting requirements
described in FAR
[4.904](http://acquisition.gov/far/current/html/Subpart 4_9.html#wp1091081),
the TIN provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.

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

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

o  TIN has been applied for.

o  TIN is not required because:

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

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

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

\(4\) Type of organization.

o  Sole proprietorship;

o  Partnership;

o  Corporate entity (not tax-exempt);

o  Corporate entity (tax-exempt);

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

o  Foreign government;

o  International organization per 26 CFR 1.6049-4;

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

\(5\) Common parent.

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

o  Name and TIN of common parent:

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

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

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

652.228-70 DEFENSE BASE ACT -- COVERED CONTRACTOR EMPLOYEES (JUN 2006)

\(a\) Bidders/offerors shall indicate below whether or not any of the
following categories of employees will be employed on the resultant
contract, and, if so, the number of such employees:

+-------------------------------------+-------+-----------------------+
| Category                            | Y     | Number                |
|                                     | es/No |                       |
+-------------------------------------+-------+-----------------------+
| \(1\) United States citizens or     |       |                       |
| residents                           |       |                       |
+-------------------------------------+-------+-----------------------+
| \(2\) Individuals hired in the      |       |                       |
| United States, regardless of        |       |                       |
| citizenship                         |       |                       |
+-------------------------------------+-------+-----------------------+
| \(3\) Local nationals or third      |       | Local nationals:      |
| country nationals where contract    |       | \_\_\_\_\_\_\_\_      |
| performance takes place in a        |       |                       |
| country *where there are no* local  |       | Third Country         |
| workers' compensation laws          |       | Nationals:            |
|                                     |       |                       |
|                                     |       | \_\_\_\_\_\_\_\_\_    |
+-------------------------------------+-------+-----------------------+
|                                     |       |                       |
+-------------------------------------+-------+-----------------------+
| \(4\) Local nationals or third      |       | Local nationals:      |
| country nationals where contract    |       | \_\_\_\_\_\_\_\_      |
| performance takes place in a        |       |                       |
| country where there *are* local     |       | Third Country         |
| workers' compensation laws          |       | Nationals:            |
|                                     |       |                       |
|                                     |       | \_\_\_\_\_\_\_\_\_    |
+-------------------------------------+-------+-----------------------+

\(b\) The contracting officer has determined that for performance in the
country of *\[contracting officer insert country of performance and
check the appropriate block below\]* --

-   Workers' compensation laws exist that will cover local nationals and
    third country nationals.

-   Workers' compensation laws do not exist that will cover local
    nationals and third country nationals.

> \(c\) If the bidder/offeror has indicated "yes" in block (a)(4) of
> this provision, the bidder/offeror shall not purchase Defense Base Act
> insurance for those employees. However, the bidder/offeror shall
> assume liability toward the employees and their beneficiaries for
> war-hazard injury, death, capture, or detention, in accordance with
> the clause at FAR 52.228-4.
>
> \(d\) If the bidder/offeror has indicated "yes" in blocks (a)(1), (2),
> or (3) of this provision, the bidder/offeror shall compute Defense
> Base Act insurance costs covering those employees pursuant to the
> terms of the contract between the Department of State and the
> Department's Defense Base Act insurance carrier at the rates specified
> in DOSAR 652.228-74, Defense Base Act Insurance Rates -- Limitation.
> If DOSAR provision 652.228-74 is not included in this solicitation,
> the bidder/offeror shall notify the contracting officer before the
> closing date so that the solicitation can be amended accordingly.
>
> (End of provision)