**SECTION H - SPECIAL CONTRACT REQUIREMENTS**

**H.1. CONDUCT OF WORK.**

A Contracting Officer\'s Technical Representative (COTR) may be
designated to represent the Contracting Officer for the purpose of
coordinating with the vendor in administering the technical aspects of
performance for a particular user\'s account. The COTR may issue written
or oral instructions to fill in details in the scope of work set forth
in this Basic Ordering Agreement (BOA) via the Contracting Officer. The
COTR is not authorized, however, to make any changes which affect the
BOA amount, terms and conditions. The Contracting Officer is the only
party authorized to bind the Library of Congress.

**H.2. REPORTING REQUIREMENTS.**

**H.2.1. QUARTERLY SUMMARY OF ALL USER ACTIVITY.**

**H.2.1.1. Report.** The vendor shall submit quarterly the agency name
and total dollars obligated for the services provided in this BOA. The
vendor may use the FEDLINK Quarterly Summary Report Form as attached or
develop a computerized report as long as it provides the information
identified below. Reports in machine-readable form are encouraged. To
facilitate FEDLINK reporting of usage and reconciliation of FEDLINK
records, the report shall be sorted according to payment option (direct
and transfer) customer and shall provide the following information:

> Reporting period - fiscal year, months
>
> Agency name
>
> IAG number
>
> FEDLINK ID
>
> Current quarterly dollars expended for each customer
>
> Fiscal year cumulative dollars expended
>
> Payment option - transfer or direct

**H.2.1.2. Deadline.** This report shall be received in the Contracts
and Logistics Office within thirty (30) calendar days after the end of
the particular reporting fiscal year quarter.

**H.2.1.3. Failure.** Failure on the part of the vendor to comply with
this requirement shall constitute an \"incomplete package\" for
invoicing purposes and no payment shall be made until the report is
received.

**H.3. USE OF LIBRARY OF CONGRESS NAME OR CONTRACTUAL RELATIONSHIP IN
ADVERTISING.** The Vendor agrees not to refer to awards from or
contracts with the Library in commercial advertising in such a manner as
to state or imply that the product or service provided is endorsed or
preferred by the Library or is superior to other products or services.
The Vendor also agrees not to distribute or release any information
which states or implies that the Library endorses, uses, or distributes
the Vendor\'s product or service.

**H.4. NEWS RELEASES.** News releases pertaining to this BOA will not be
made without Library approval, as appropriate, and then only upon
written approval received from the Contracting Officer.

**H.5. OPTIONS.**

**H.5.1.** This Basic Ordering Agreement is renewable upon mutual
agreement of the parties prior to expiration of the BOA term. If this
option for renewal is exercised, the BOA as renewed shall be deemed to
include this option provision. However, the total duration of this BOA,
including the exercise of any options under this clause, shall not
exceed 4 one-year periods after completion of the initial BOA period on
September 30, 2001. No price increases will be accepted that are
effective commercially after the date of award of the renewal BOA or
October 1 of the BOA term, whichever occurs first.

**H.5.2.** The Government shall give the contractor preliminary notice
of its intention to negotiate renewal of the BOA for the following
contract year. The contractor must respond to the renewal notice from
this office in the time frame specified and certifications shall be
submitted to the Government in accordance with the requirements of the
renewal notice.

**H.5.3.** If the contractor does not meet the criteria in H.5.2. above,
a complete new offer must be submitted in response to the appropriate
solicitation. Also, if there have been changes in commercial marketplace
practices to alter the Government\'s relative position established at
the time of initial award, a complete new offer must be submitted.

**H.6. OPEN SEASON SOLICITATION.**

**H.6.1** The Library may issue an open season solicitation to allow new
vendors to submit proposals for Books and Library Publications
Acquisitions Services during the term of this agreement.

**FEDLINK QUARTERLY SUMMARY REPORT**

**Vendor\'s Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Library of Congress BOA \# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Period of Performance:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

> **INTERAGENCY CURRENT FISCAL YEAR TRANSFER (T)**
>
> **AGREEMENT FEDLINK QUARTERLY CUMULATIVE OR**

**NAME OF AGENCY NUMBER I.D. TOTAL** **TOTAL DIRECT (D)**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_**

**Prepared by:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

> **SECTION I - CONTRACT CLAUSES**
>
> **I.1. [NOTICE]{.underline}:** The following solicitation provisions
> and/or contract clauses pertinent to this section are hereby
> incorporated by reference:
>
> FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
>
> NUMBER DATE TITLE
>
> 52.202‑1 OCT 1995 DEFINITIONS
>
> 52.203‑3 APR 1984 GRATUITIES
>
> 52.203‑5 APR 1984 COVENANT AGAINST CONTINGENT FEES
>
> 52.203‑6 JUL 1995 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
> GOVERNMENT
>
> 52.203‑7 JUL 1995 ANTI‑KICKBACK PROCEDURES
>
> 52.203-8 JAN 1997 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
> ILLEGAL OR IMPROPER ACTIVITY.
>
> 52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL
>
> OR IMPROPER ACTIVITY
>
> 52.203-12 JUN 1997 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
> TRANSACTIONS.
>
> 52.204-4 JUN 1996 PRINTING/COPYING DOUBLE‑SIDED ON RECYCLED PAPER.
>
> 52.209-6 JUL 1995 PROTECTING THE GOVERNMENT\'S INTEREST WHEN
> SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
> DEBARMENT.
>
> 52.213-2 APR 1984 INVOICES
>
> 52.214-34 APR 1991 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE.
>
> 52.214-35 APR 1991 SUBMISSION OF OFFERS IN U.S. CURRENCY.
>
> 52.215‑8 OCT 1997 ORDER OF PRECEDENCE - UNIFORM CONTRACT
>
> FORMAT.
>
> 52.215‑14 OCT 1997 INTEGRITY OF UNIT PRICES
>
> 52.215-19 OCT 1997 NOTIFICATION OF OWNERSHIP CHANGES.
>
> 52.217-8 AUG 1989 OPTION TO EXTEND SERVICES
>
> 52.217-9 MAR 1989 OPTION TO EXTEND THE TERM OF THE CONTRACT
>
> 52.219‑8 JUN 1999 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND
> WOMEN-OWNED SMALL BUSINESS CONCERNS
>
> 52.222‑1 FEB 1997 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES
>
> 52.222-4 JUL 1995 CONTRACT WORK HOURS & SAFETY STANDARDS ACT-OVERTIME
> COMPENSATION
>
> 52.222‑20 DEC 1996 WALSH‑HEALEY PUBLIC CONTRACTS ACT
>
> 52.222‑26 FEB 1999 EQUAL OPPORTUNITY
>
> 52.222‑35 APR 1998 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM
> ERA VETERANS

52.222‑36 JUN 1999 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS

> 52.222-37 JAN 1999 EMPLOYMENT REPORTS ON DISABLED VETERANS AND
> VETERANS OF THE VIETNAM ERA.

52.223‑2 APR 1984 CLEAN AIR AND WATER

> 52.223-5 APR 1998 POLLUTION PREVENTION AND RIGHT‑TO‑KNOW INFORMATION.

52.223‑6 JAN 1997 DRUG‑FREE WORKPLACE

> 52223-14 OCT 1996 TOXIC CHEMICAL RELEASE REPORTING.

52.225‑3 JAN 1994 BUY AMERICAN ACT ‑‑ SUPPLIES

52.227-1 JUL 1995 AUTHORIZATION AND CONSENT

> 52.227‑2 AUG 1996 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
> INFRINGEMENT

52.229‑3 JAN 1991 FEDERAL, STATE, AND LOCAL TAXES

> 52.229‑5 APR 1984 TAXES ‑‑ CONTRACTS PERFORMED IN U.S. POSSESSIONS OR
> PUERTO RICO

52.230-2 APR 1998 COST ACCOUNTING STANDARDS

52.232‑1 APR 1984 PAYMENTS

52.232‑8 MAY 1997 DISCOUNTS FOR PROMPT PAYMENT

52.232‑11 APR 1984 EXTRAS

52.232‑17 JUN 1996 INTEREST

52.232‑18 APR 1984 AVAILABILITY OF FUNDS

52.232‑23 JAN 1986 ASSIGNMENT OF CLAIMS

> 52.232‑33 MAY 1999 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER
> PAYMENT
>
> 52.232‑34 MAY 1999 OPTIONAL INFORMATION FOR ELECTRONIC FUNDS TRANSFER
> PAYMENT

52.233‑3 AUG 1996 PROTEST AFTER AWARD

52.237‑3 JAN 1991 CONTINUITY OF SERVICES

52.242-13 JUL 1995 BANKRUPTCY

52.243‑1 AUG 1987 CHANGES ‑‑ FIXED‑PRICE

52.244‑5 DEC 1996 COMPETITION IN SUBCONTRACTING

> 52.249‑4 APR 1984 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
> (SERVICES)(SHORT FORM)

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

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

**(End of Clause)**

**I.2. 52.215-2 AUDIT AND RECORDS\--NEGOTIATION. (AUG 1996)\-- As
Modified by**

**the Library of Congress (SEP 1996)**

\(a\) As used in this clause, records includes books, documents,
accounting procedures and practices, and other data, regardless of type
and regardless of whether such items are in written form, in the form of
computer data, or in any other form.

\(b\) Examination of costs. If this is a cost-reimbursement, incentive,
time-and-materials, labor-hour, or price redeterminable contract, or any
combination of these, the Contractor shall maintain and the Contracting
Officer, or an authorized representative of the Contracting Officer,
shall have the right to examine and audit all records and other evidence
sufficient to reflect properly all costs claimed to have been incurred
or anticipated to be incurred directly or indirectly in performance of
this contract. This right of examination shall include inspection at all
reasonable times of the Contractor\'s plants, or parts of them, engaged
in performing the contract.

\(c\) Cost or pricing data. If the Contractor has been required to
submit cost or pricing data in connection with any pricing action
relating to this contract, the Contracting Officer, or an authorized
representative of the Contracting Officer, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data, shall
have the right to examine and audit all of the Contractor\'s records,
including computations and projections, related to\--

> \(1\) The proposal for the contract, subcontract, or modification;
>
> \(2\) The discussions conducted on the proposal(s), including those
> related to negotiating;
>
> \(3\) Pricing of the contract, subcontract, or modification; or
>
> \(4\) Performance of the contract, subcontract or modification.

\(d\) The Librarian of Congress, and the Comptroller General\--

> \(1\) The Librarian of Congress, or an authorized representative of
> the Librarian of Congress and the Comptroller General of the United
> States, or an authorized representative of the Comptroller General,
> shall have access to and the right to examine any of the Contractor\'s
> directly pertinent records involving transactions related to this
> contract or a subcontract hereunder.
>
> \(2\) This paragraph may not be construed to require the Contractor or
> subcontractor to create or maintain any record that the Contractor or
> subcontractor does not maintain in the ordinary course of business or
> pursuant to a provision of law.

\(e\) Reports. If the Contractor is required to furnish cost, funding,
or performance reports, the Contracting Officer or an authorized
representative of the Contracting Officer shall have the right to
examine and audit the supporting records and materials, for the purpose
of evaluating (1) the effectiveness of the Contractor\'s policies and
procedures to produce data compatible with the objectives of these
reports and (2) the data reported.

\(f\) Availability. The Contractor shall make available at its office at
all reasonable times the records, materials, and other evidence
described in paragraphs (a), (b), (c), (d), and (e) of this clause, for
examination, audit, or reproduction, until 3 years after final payment
under this contract or for any shorter period specified in Subpart 4.7,
Contractor Records Retention, of the Federal Acquisition Regulation
(FAR), or for any longer period required by statute or by other clauses
of this contract. In addition\--

> \(1\) 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; and
>
> \(2\) 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.

\(g\) The Contractor shall insert a clause containing all the terms of
this clause, including this paragraph (a), in all subcontracts under
this contract that exceed the simplified acquisition threshold in FAR
Part 13, and\--

> \(1\) That are cost-reimbursement, incentive, time-and-materials,
> labor-hour, or price-redeterminable type or any combination of these;
>
> \(2\) For which cost or pricing data are required; or
>
> \(3\) That require the subcontractor to furnish reports as discussed
> in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the
contracting parties and the Contracting Officer under the Government
prime contract.

**(End of Clause)**

**I.3. (FAR 52.222-3) CONVICT LABOR \--As Modified by the Library of
Congress (AUG 1996)**

The Contractor agrees not to employ any person undergoing sentence of
imprisonment in performing this contract.

**(End of Clause)**

**I.4. (FAR 52.232-25) PROMPT PAYMENT \--As Modified by the Library of
Congress (MAY 1997)**

Notwithstanding any other payment clause in this agreement, the
Government will make invoice payments and contract financing payments
under the terms and conditions specified in this clause. Payment shall
be considered as being made on the day a check is dated or an electronic
funds transfer is made. All days referred to in this clause are calendar
days, unless otherwise specified.

> \(a\) Invoice Payment.
>
> \(1\) For purposes of this clause, \"invoice payment\" means a
> Government disbursement of monies to a contractor under a contract or
> other authorization for supplies or services accepted by the
> Government. This includes payments for partial deliveries that have
> been accepted by the Government and final costs or fee payments where
> amounts owed have been settled between the Government and the
> contractor.
>
> \(2\) The due date for making invoice payments by the designated
> payment office shall be the later of the following two events:
>
> \(i\) The 30th day after the designated billing office has received
> proper invoice from the contractor.
>
> \(ii\) The 30th day after Government acceptance of supplies delivered
> or services performed by the contractor. On a final invoice where the
> payment amount is subject to contract settlement actions, acceptance
> must be deemed to have occurred on the effective date of the contract
> settlement. However, if the designated billing office fails to
> annotate the invoice with the actual date of receipt, the invoice
> payment due date shall be deemed to be the 30th day after the date the
> contractor\'s invoice is dated, provided a proper invoice is received
> and there is no disagreement over quantity, quality, or contractor
> compliance with contract requirements.
>
> \(3\) An invoice is the contractor\'s bill or written request for
> payment under the contract for supplies delivered or services
> performed. An invoice shall be prepared and submitted to the
> designated billing office specified in the contract. A proper invoice
> must include the applicable items listed in subdivisions (a)(3)(i)
> through (a)(3)(xiii) of this clause. If the invoice does not comply
> with these requirements, then the contractor will be notified of the
> defect within 15 days after receipt of the invoice at the designated
> billing office. Untimely notification by the Government will be taken
> into account in the computation of any interest penalty owed the
> contractor in the manner described in subparagraph (a)(5) of this
> clause.
>
> \(i\) Name and address of the contractor.
>
> \(ii\) Invoice date.
>
> \(iii\) Contract number or other authorization for supplies delivered
> or services performed (including order number and contract line item
> number, if possible).
>
> \(iv\) Description, quantity, unit of measure, unit price, and
> extended price of supplies delivered or services performed.
>
> \(v\) Shipping and payment terms (e.g., shipment number and date of
> shipment, prompt payment discount terms). Bill of lading number and
> weight of shipment will be shown for shipments on Government bills of
> lading.
>
> \(vi\) Name and address of Contractor\'s official to whom payment is
> to be sent (must be the same as that in the contract or in a proper
> notice of assignment).
>
> \(vii\) Name (where practicable), title, phone number, and mailing
> address of person to be notified in event of defective invoice.
>
> \(viii\) Any other information or documentation required by other
> requirements of the contract (such as evidence of shipment).
>
> \(ix\) For each user of a service prepaid by the Library of
> Congress/FEDLINK under a fiscal year contract, the vendor shall
> provide to FEDLINK not less than one (1) original and one (1) copy of
> each service summary invoice and not less than one (1) original and
> one (1) copy of each detailed usage report.
>
> \(x\) For each FEDLINK transfer pay user of a non-prepaid service, the
> vendor shall provide to FEDLINK not less than one (1) original and one
> (1) copy of each service summary invoice and not less than one (1)
> original and one (1) copy of each detailed usage report in support of
> the invoice.
>
> \(xi\) FEDLINK reserves the right to reject upon receipt and to return
> to the vendor invoices with insufficient copies as specified in
> subdivisions (a)(3)(ix) and (a)(3)(x) above.
>
> \(xii\) All invoices, except summary invoices, and all detailed usage
> reports must indicate the Basic Ordering Agreement, delivery order
> number, service user\'s name, address, and four character FEDLINK
> identification code as provided to the vendor in the official delivery
> order from the Library of Congress Contracts and Logistics Service.
> FEDLINK reserves the right to reject upon receipt and to return to the
> vendor invoices with insufficient identification.
>
> \(xiii\) The vendor shall issue separate statements for all accrued
> credit on an individual service user\'s account and shall indicate on
> the credit statement the relevant invoice number(s) as well as the
> user\'s name and FEDLINK identification code.
>
> \(4\) An Interest penalty shall be paid automatically by the
> Government, without request from the contractor, if the conditions
> listed in subdivisions (a)(4)(i) through (a)(4)(iv) of this clause are
> met, if applicable. An interest penalty shall not be paid on contracts
> awarded to foreign vendors outside the United States for work
> performed outside the United States.
>
> \(i\) A proper invoice was received by the designated billing office.
>
> \(ii\) A receiving report or other Government documentation
> authorizing payment was processed and there was no disagreement over
> quantity, quality, or contractor compliance with any contract term or
> condition.
>
> \(iii\) In the case of final invoice for any balance of funds due the
> contractor for supplies delivered or services performed, the amount
> was not subject to further contract settlement actions between the
> Government and the contractor.
>
> \(iv\) Payment is made to the business concern more than 15 days after
> the due date.
>
> \(5\) The interest penalty shall be at the rate established by the
> Secretary of the Treasury under section 12 of the Contract Disputes
> Act of 1978 (*41 USC 611*) that is in effect on the day after the due
> date, except where the interest penalty is prescribed by other
> governmental authority. This rate is referred to as the
> \"Renegotiation Board Interest Rate,\" and it is published in the
> Federal Register semiannually on or about January 1 and July 1. The
> interest penalty shall accrue daily on the invoice payment amount
> approved by the Government and shall be compounded in 30-day
> increments through the payment date, with the first 30-day period
> beginning the first day after the due date. That is, interest accrued
> at the end of any 30-day period will be added to the approved invoice
> payment amount and be subject to interest penalties if not paid in the
> succeeding 30-day period. If the designated billing office failed to
> notify the contractor of a defective invoice within the periods
> prescribed in subparagraph (a)(3) of this clause, then the due date on
> the corrected invoice will be adjusted by subtracting the number of
> days taken beyond the prescribed notification of defects period set
> out in subparagraph (a)(3) of this clause. Any interest penalty owed
> the contractor will be based on this adjusted due date. Adjustments
> will be made by the designated payment office for errors in
> calculating interest penalties, if requested by the contractor.
>
> \(i\) For the sole purpose of computing an interest penalty that might
> be due the contractor, Government acceptance shall be deemed to have
> occurred constructively on the 15th day (unless otherwise specified in
> the agreement) after the contractor delivered the supplies or
> performed the services in accordance with the terms and conditions of
> the agreement, unless there is a disagreement over quantity, quality,
> or contractor compliance with a contract provision. In the event that
> actual acceptance occurs within the constructive acceptance period,
> the determination of an interest penalty shall be based on the actual
> date of acceptance. The constructive acceptance requirement does not,
> however, compel Government official to accept supplies or services,
> perform contract administration functions, or make payment prior to
> fulfilling their responsibilities.
>
> \(ii\) The following periods of time will not be included in the
> determination of an interest penalty:
>
> \(A\) The period taken to notify the contractor of defects in invoices
> submitted to the Government, but this shall not exceed 15 days.
>
> \(B\) The period between the defects notice and resubmission of the
> corrected invoice by the contractor.
>
> \(iii\) Interest penalties will not continue to accrue after the
> filing of a claim for such penalties under the FAR clause at 52.233-1,
> Disputes, or for more than one year. Interest penalties of less than
> \$1.00 need not be paid.
>
> \(iv\) Interest penalties are not required on payment delays due to
> disagreement between the Government and contractor over the payment
> amount or other issues involving contract compliance or the amounts
> temporarily withheld or retained in accordance with the terms of the
> contract. Claims involving disputes, and any interest that may be
> payable, will be resolved in accordance with the FAR clause at
> 52.233-1, Disputes, as amended by the Library.
>
> \(6\) An interest penalty shall also be paid automatically by the
> designated payment office without request from the contractor, if a
> discount for prompt payment is taken improperly. The interest penalty
> will be calculated as described in subparagraph (a)(5) above on the
> amount of discount taken for the period beginning with the first day
> after the end of the discount period through the date when payment is
> made to the contractor, if the underpayment is not corrected within 15
> days of the expiration of the discount period.
>
> \(b\) Contract Financing Payments.
>
> \(1\) For purposes of this clause, \"contract financing payment\"
> means a Government disbursement of monies to a Contractor under a
> contract clause or other authorization prior to acceptance of supplies
> or services by the Government.
>
> \(2\) For contracts that provide for contract financing, requests for
> payment shall be submitted to the designated billing office as
> specified in this contract or as directed by the Contracting Officer.
> Contract financing payments shall be made on the 30th day after
> receipt of a proper contract financing request by the designated
> billing office. In the event that an audit or other review of a
> specific financing request is required to ensure compliance with the
> terms and conditions of the contract, the designated payment office is
> not compelled to make payment on this date.
>
> \(3\) For advance payments, loans, or other arrangements that do not
> involve recurrent submissions of contract financing requests, payment
> shall be made in accordance with the corresponding contract terms or
> as directed by the Contracting Officer.
>
> \(4\) Contract financing payments shall not be assessed an interest
> penalty for payment delays.

**(End of Clause)**

**I.5. (FAR 52.233-1) DISPUTES (OCT 1995)‑‑As Modified by the Library of
Congress (JAN 1996)**

\(a\) This contract is not subject to the Contract Disputes Act of 1978,
as amended (41 U.S.C.601-613).

\(b\) All disputes arising under or relating to this contract shall be
resolved under this clause.

\(c\) \"Claim,\" as used in this clause, means a written demand or
written assertion by one of the contracting parties seeking, as a matter
of right, the payment of money in a sum certain, the adjustment or
interpretation of contract terms, or other relief arising under or
relating to this contract. A claim arising under a contract, unlike a
claim relating to that contract, is a claim that can be resolved under a
contract clause that provides for the relief sought by the claimant.
However, a written demand or written assertion by the Contractor seeking
the payment of money exceeding \$100,000 is not a claim under this
clause until certified as required by subparagraph (d)(2) below. A
voucher, invoice, or other routine request for payment that is not in
dispute when submitted is not a claim under this clause. The submission
may be converted to a claim under this clause if it is disputed either
as to liability or amount, or is not acted upon in a reasonable time, by
complying with the submission and certification requirements of this
clause.

(d)(1) A claim by the Contractor shall be made in writing and unless
otherwise stated in this contract submitted within 6 years after accrual
of the claim to the Contracting Officer for a written decision. A claim
by the Government against the Contractor shall be subject to a written
decision by the Contracting Officer.

> \(2\) (i) Contractors shall provide the certification specified in
> subparagraph (d)(2)(iii) of this clause when submitting any claim -
>
> \(A\) Exceeding \$100,000; or
>
> \(B\) Regardless of the amount claimed, when using -
>
> \(1\) Arbitration conducted pursuant to 5 U.S.C. 575-580; or
>
> \(2\) Any other alternative means of dispute resolution (ADR)
> technique that the agency elects to handle in accordance with the
> Administrative Dispute Resolution Act (ADRA).
>
> \(ii\) The certification requirement does not apply to issues in
> controversy that have not been submitted as all or part of a claim.
>
> \(iii\) The certification shall state as follows: \"I certify that the
> claim is made in good faith; that the supporting data are accurate and
> complete to the best of my knowledge and belief; that the amount
> requested accurately reflects the contract adjustment for which the
> Contractor believes the Government is liable; and that I am duly
> authorized to certify the claim on behalf of the Contractor.\"
>
> \(3\) The certification may be executed by any person duly authorized
> to bind the Contractor with respect to the claim.

\(e\) For Contractor claims of \$100,000 or less, the Contracting
Officer must, if requested in writing by the Contractor, render a
decision within 60 days of the request. For Contractor-certified claims
over \$100,000, the Contracting Officer must, within 60 days, decide the
claim or notify the Contractor of the date by which the decision will be
made.

\(f\) The Contracting Officer\'s decision shall be final unless the
Contractor appeals to the Chief of the Contracts and Logistics Services
who will serve as the Hearing Officer to review the decision.

\(g\) If the claim by the Contractor is submitted to the Contracting
Officer or a claim by the Government is presented to the Contractor, the
parties, by mutual consent, may agree to use ADR. If the Contractor
refuses an offer for alternative dispute resolution, the Contractor
shall inform the Contracting Officer, in writing, of the Contractors
specific reasons for rejecting the request. When using arbitration
pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that
the agency elects to handle in accordance with the ADRA, any claim,
regardless of amount, shall be accompanied by the certification
described in subparagraph (d)(2)(iii) of this clause, and executed in
accordance with subparagraph (d)(3) of this clause.

\(h\) The Government shall pay interest on the amount found due and
unpaid from (1) the date the Contracting Officer receives the claim
(certified, if required); or (2) the date that payment otherwise would
be due, if that date is later, until the date of payment. With regard to
claims having defective certifications, as defined in (FAR) 48 CFR
33.201, interest shall be paid from the date that the Contracting
Officer initially receives the claim. Simple interest on claims shall be
paid at the rate, fixed by the Secretary of the Treasury as provided in
the Act, which is applicable to the period during which the Contracting
Officer receives the claim and then at the rate applicable for each
6-month period as fixed by the Treasury Secretary during the pendency of
the claim.

\(i\) The Contractor shall proceed diligently with performance of this
contract, pending final resolution of any request for relief, claim,
appeal, or action arising under the contract, and comply with any
decision of the Contracting Officer.

**(End of Clause)**

**I.6. (FAR 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 this address:
http://www.arnet.gov/far

**(End of Clause)**

**SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS**

**ATTACHMENT 1 -** Format Options Chart. As described in C.4.1.1.

**ATTACHMENT 2** - Fulfillment Chart. As described in L.6.4.2(b).

**ATTACHMENT 3** - FREQUENTLY ASKED QUESTIONS (FAQ).

**SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER**

**STATEMENTS OF OFFERORS**

**K.1. (FAR 052.203-2) CERTIFICATE OF INDEPENDENT PRICE DETERMINATION**

**(APR 1985)**

\(a\) The offeror certifies that‑‑

> \(1\) The prices in this offer have been arrived at independently,
> without, for the purpose of restricting competition, any consultation,
> communication, or agreement with any other offeror or competitor
> relating to (i) those prices, (ii) the intention to submit an offer,
> or (iii) the methods or factors used to calculate the prices offered;
>
> \(2\) The prices in this offer have not been and will not be knowingly
> disclosed by the offeror, directly or indirectly, to any other offeror
> or competitor before bid opening (in the case of a sealed bid
> solicitation) or contract award (in the case of a negotiated
> solicitation) unless otherwise required by law; and
>
> \(3\) No attempt has been made or will be made by the offeror to
> induce any other concern to submit or not to submit an offer for the
> purpose of restricting competition.

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

> \(1\) Is the person in the offeror\'s organization responsible for
> determining the prices being offered in this bid or proposal, and that
> the signatory has not participated and will not participate in any
> action contrary to subparagraphs (a)(1) through (a)(3) above; or
>
> \(2\) (i) Has been authorized, in writing, to act as agent for the
> following principals in certifying that those principals have not
> participated, and will not participate in any action contrary to
> subparagraphs (a)(1) through (a)(3) above

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

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

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

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

> ***\[Insert full name of person(s) in the offeror\'s organization
> responsible for determining the prices offered in the bid or proposal,
> and the title of his or her position in the offeror\'s
> organization\];***
>
> \(ii\) As an authorized agent, does certify that the principals named
> in subdivision (b)(2)(i) above have not participated, and will not
> participate, in any action contrary to subparagraphs (a)(1) through
> (a)(3) above; and
>
> \(iii\) As an agent, has not personally participated, and will not
> participate, in any action contrary to subparagraphs (a)(1) through
> (a)(3) above.
>
> \(c\) If the offeror deletes or modifies subparagraph (a)(2) above,
> the offeror must furnish with its offer a signed statement setting
> forth in detail the circumstances of the disclosure.
>
> **(End of Provision)**
>
> **K2. (FAR 52.203.8) CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS
> FOR ILLEGAL OR** **IMPROPER ACTIVITY. (JAN 1997)**
>
> \(a\) If the Government receives information that a contractor or a
> person has engaged in conduct constituting a violation of subsection
> (a), (b), (c), or (d) of Section 27 of the Office of Federal
> Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by
> section 4304 of the National Defense Authorization Act for Fiscal Year
> 1996 (Pub. L. 104-106), the Government may\--
>
> \(1\) Cancel the solicitation, if the contract has not yet been
> awarded or issued; or
>
> \(2\) Rescind the contract with respect to which\--
>
> \(i\) The Contractor or someone acting for the Contractor has been
> convicted for an offense where the conduct constitutes a violation of
> subsection 27 (a) or (b) of the Act for the purpose of either\--
>
> \(A\) Exchanging the information covered by such subsections for
> anything of value; or
>
> \(B\) Obtaining or giving anyone a competitive advantage in the award
> of a Federal agency procurement contract; or
>
> \(ii\) The head of the contracting activity has determined, based upon
> a preponderance of the evidence, that the Contractor or someone acting
> for the Contractor has engaged in conduct constituting an offense
> punishable under subsection 27(e)(1) of the Act.
>
> \(b\) If the Government rescinds the contract under paragraph (a) of
> this clause, the Government is entitled to recover, in addition to any
> penalty prescribed by law, the amount expended under the contract.
>
> \(c\) The rights and remedies of the Government specified herein are
> not exclusive, and are in addition to any other rights and remedies
> provided by law, regulation, or under this contract.
>
> **(End of Provision)**
>
> **K.3. (FAR 52.203-11) CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS
> TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)**
>
> \(a\) The definitions and prohibitions contained in the clause, at FAR
> 52.203‑12, Limitation on Payments to Influence Certain Federal
> Transactions, included in this solicitation, are hereby incorporated
> by reference in paragraph (b) of this certification.
>
> \(b\) The offeror, by signing its offer, hereby certifies to the best
> of his or her knowledge and belief that on or after December 23,
> 1989‑‑
>
> \(1\) 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 awarding of any Federal contract, the
> making of any Federal grant, the making of any Federal loan, the
> entering into of any cooperative agreement, and the extension,
> continuation, renewal, amendment or modification of any Federal
> contract, grant, loan, or cooperative agreement;
>
> \(2\) If any funds other than Federal appropriated funds (including
> profit or fee received under a covered Federal transaction) 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 this solicitation,
> the offeror shall complete and submit, with its offer, OMB standard
> form LLL, Disclosure of Lobbying Activities, to the Contracting
> Officer; and
>
> \(3\) He or she will include the language of this certification in all
> subcontract awards at any tier and require that all recipients of
> subcontract awards in excess of \$100,000 shall certify and disclose
> accordingly.
>
> \(c\) Submission of this certification and disclosure is a
> prerequisite for making or entering into this contract imposed by
> section 1352, title 31, United States Code. Any person who makes an
> expenditure prohibited under this provision or who fails to file or
> amend the disclosure form to be filed or amended by this provision,
> shall be subject to a civil penalty of not less than \$10,000, and not
> more than \$100,000, for each such failure.
>
> **(End of provision)**

**K.4. (FAR 52.204-3) TAXPAYER IDENTIFICATION (OCT 1998)**

**(a) Definitions**

> ***\"Common parent,\"*** as used in this provision, means that
> corporate entity that owns or controls an affiliated group of
> corporations that files its Federal income tax returns on a
> consolidated basis, and of which the offeror is a member.
>
> ***\"Taxpayer Identification Number (TIN),*\"** as used in this
> provision, means the number required by the Internal Revenue Service
> (IRS) to be used by the offeror in reporting income tax and other
> returns. The TIN may be either a Social Security Number or an Employer
> Identification Number.
>
> **(b)** All offerors must submit the information required in
> paragraphs (d) through (f) of this provision to comply with debt
> collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting
> requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing
> regulations issued by the IRS. If the resulting contract is subject to
> the payment reporting requirements described in Federal Acquisition
> Regulation (FAR) 4.904, the failure or refusal by the offeror to
> furnish the information may result in a 31 percent reduction of
> payments otherwise due under the contract.
>
> **(c)** 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.
>
> **(d)** 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.
>
> \(e\) 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
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \(f\) Common parent.
>
> \[ \] Offeror is not owned or controlled by a common parent as defined
> in paragraph (a) of this provision.
>
> \[ \] Name and TIN of common parent:
>
> Name
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> TIN
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**(End of Provision)**

**K.5. (FAR 52-204-5) WOMEN‑OWNED BUSINESS (OCT 1995)**

**(**a) Representation. The offeror represents that it \[ \] is, \[ \]
is not a women‑owned business concern.

\(b\) Definition. \"Women‑owned business concern,\" as used in this
provision, 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.

**(End of provision)**

**K.6. (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR
1998)**

\(a\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation \"DUNS\" followed by the
DUNS number that identifies the offeror\'s name and address exactly as
stated in the offer. The DUNS number is a nine‑digit number assigned by
Dun and Bradstreet Information Services.

\(b\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one. A DUNS number will be provided
immediately by telephone at no charge to the offeror. For information on
obtaining a DUNS number, the offeror, if located within the United
States, should call Dun and Bradstreet at 1‑800‑333‑0505. The offeror
should be prepared to provide the following information:

\(1\) Company name .

\(2\) Company address. .

\(3\) Company telephone number. .

\(4\) Line of business. .

\(5\) Chief executive officer/key manager. .

\(6\) Date the company was started. .

\(7\) Number of people employed by the company. .

\(8\) Company affiliation. .

\(c\) Offerors located outside the United States may obtain the location
and phone number of the local Dun and Bradstreet Information Services
office from the Internet home page at http://www.dnb.com/. If an offeror
is unable to locate a local service center, it may send an e‑mail to Dun
and Bradstreet at globalinfo@mail.dnb.com.

**(End of provision)**

**K.7. (FAR 209-5) CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)**

\(a\) (1) The Offeror certifies, to the best of its knowledge and
belief, that‑‑

\(i\) The Offeror and/or any of its Principals‑‑

> \(A\) Are \[ \] are not \[ \] presently debarred, suspended, proposed
> for debarment, or declared ineligible for the award of contracts by
> any Federal agency;
>
> \(B\) 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 public (Federal,
> state, or local) 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
>
> \(C\) Are \[ \] are not \[ \] presently indicted for, or otherwise
> criminally or civilly charged by a governmental entity with,
> commission of any of the offenses enumerated in subdivision
> (a)(1)(i)(B) of this provision.
>
> \(ii\) The Offeror has \[ \] has not \[ \], within a three‑year period
> preceding this offer, had one or more contracts terminated for default
> by any Federal agency.
>
> \(2\) \"Principals,\" for the purposes of this certification, means
> officers; directors; owners; partners; and, persons having primary
> management or supervisory responsibilities within a business entity
> (e.g., general manager; plant manager; head of a subsidiary, division,
> or business segment, and similar positions).
>
> This Certification Concerns a Matter Within the Jurisdiction of an
> Agency of the United States and the Making of a False, Fictitious, or
> Fraudulent Certification May Render the Maker Subject to Prosecution
> Under Section 1001, Title 18, United States Code.

\(b\) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.

\(c\) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered
in connection with a determination of the Offeror\'s responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror nonresponsible.

\(d\) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.

\(e\) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting
from this solicitation for default.

**(End of provision)**

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

\(a\) The offeror or respondent, in the performance of any contract
resulting from this solicitation,

\[ \] intends, \[ \] does not intend to use one or more plants or
facilities located at a different address from the address of the
offeror or respondent as indicated in this proposal or response to
request for information.

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

Place of Performance Name and Address of Owner

(Street Address, City, County, and Operator of the Plant

State, Zip Code) or Facility if Other than

Offeror or Quoter

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

**(End of Provision)**

**K.9. (FAR 52.219-1) SMALL BUSINESS PROGRAM REPRESENTATIONS. (MAY
1999)**

(a)(1) The standard industrial classification (SIC) code for this
acquisition is \[insert SIC code\].

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

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

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

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

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

\(c\) Definitions.

> \"Small business concern,\" as used in this provision, means a
> concern, including its affiliates, that is independently owned and
> operated, not dominant in the field of operation in which it is
> bidding on Government contracts, and qualified as a small business
> under the criteria in 13 CFR Part 121 and the size standard in
> paragraph (a) of this provision.
>
> \"Women-owned small business concern,\" as used in this provision,
> means a small business concern -
>
> \(1\) 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
>
> \(2\) Whose management and daily business operations are controlled by
> one or more women.
>
> \(d\) Notice. (1) If this solicitation is for supplies and has been
> set aside, in whole or in part, for small business concerns, then the
> clause in this solicitation providing notice of the set-aside contains
> restrictions on the source of the end items to be furnished.
>
> \(2\) Under 15 U.S.C. 645(d), any person who misrepresents a firm\'s
> status as a small, small disadvantaged, or women-owned small business
> concern in order to obtain a contract to be awarded under the
> preference programs established pursuant to section 8(a), 8(d), 9, or
> 15 of the Small Business Act or any other provision of Federal law
> that specifically references section 8(d) for a definition of program
> eligibility, shall \--
>
> \(i\) Be punished by imposition of fine, imprisonment, or both;
>
> \(ii\) Be subject to administrative remedies, including suspension and
> debarment; and
>
> \(iii\) Be ineligible for participation in programs conducted under
> the authority of the Act.
>
> **(End of Provision)**

**K.10. (FAR 52.222-21) PROHIBITION OF SEGREGATED FACILITIES (FEB
1999)**

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

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

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

**(End of clause)**

**K.11. (FAR 52.222-22) PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB
1999)**

The offeror represents that‑‑

\(a\) It \[ \] has, \[ \] has not participated in a previous contract or
subcontract subject either to the Equal Opportunity clause of this
solicitation, the clause originally contained in Section 310 of
Executive Order No. 10925, or the clause contained in Section 201 of
Executive Order No. 11114;

\(b\) It \[ \] has, \[ \] has not filed all required compliance reports;
and

\(c\) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.

**(End of Provision)**

**K.12. (FAR 52.222-25) AFFIRMATIVE ACTION COMPLIANCE (APR 1984)**

The offeror represents that‑‑

> \(a\) It \[ \] has developed and has on file, \[ \] has not developed
> and does not have on file, at each establishment, affirmative action
> programs required by the rules and regulations of the Secretary of
> Labor (41 CFR 60‑1 and 60‑2), or
>
> \(b\) It \[ \] has not previously had contracts subject to the written
> affirmative action programs requirement of the rules and regulations
> of the Secretary of Labor.

**(End of Provision)**

**K.13. (FAR 52.223-1) CLEAN AIR AND WATER CERTIFICATION (APR 1984)**

The Offeror certifies that‑‑

> \(a\) Any facility to be used in the performance of this proposed
> contract is \[ \] is not \[ \] listed on the Environmental Protection
> Agency (EPA) List of Violating Facilities;
>
> \(b\) The Offeror will immediately notify the Contracting Officer,
> before award, of the receipt of any communication from the
> Administrator, or a designee, of the EPA, indicating that any facility
> that the Offeror proposes to use for the performance of the contract
> is under consideration to be listed on the EPA List of Violating
> Facilities; and
>
> \(c\) The Offeror will include a certification substantially the same
> as this certification, including this paragraph (c), in every
> nonexempt subcontract.

**(End of provision)**

**K.14. (FAR 52.223-13) CERTIFICATION OF TOXIC CHEMICAL RELEASE
REPORTING**

**(OCT 1996)**

\(a\) Submission of this certification is a prerequisite for making or
entering into this contract imposed by Executive Order 12969, August 8,
1995.

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

> \(1\) As the owner or operator of facilities that will be used in the
> performance of this contract that are subject to the filing and
> reporting requirements described in section 313 of the Emergency
> Planning and Community Right‑to‑Know Act of 1986 (EPCRA) (42 U.S.C.
> 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA)
> (42 U.S.C. 13106), the offeror will file and continue to file for such
> facilities for the life of the contract the Toxic Chemical Release
> Inventory Form (Form R) as described in sections 313(a) and (g) of
> EPCRA and section 6607 of PPA; or
>
> \(2\) None of its owned or operated facilities to be used in the
> performance of this contract is subject to the Form R filing and
> reporting requirements because each such facility is exempt for at
> least one of the following reasons: \[Check each block that is
> applicable.\]
>
> \[ \] (i) The facility does not manufacture, process, or otherwise use
> any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C.
> 11023(c);
>
> \[ \] (ii) The facility does not have 10 or more full‑time employees
> as specified in section 313(b)(1)(A) of EPCRA, 42
> U.S.C.11023(b)(1)(A);
>
> \[ \] (iii) The facility does not meet the reporting thresholds of
> toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C.
> 11023(f) (including the alternate thresholds at 40 CFR 372.27,
> provided an appropriate certification form has been filed with EPA);
>
> \[ \] (iv) The facility does not fall within Standard Industrial
> Classification Code (SIC) designations 20 through 39 as set forth in
> section 19.102 of the Federal Acquisition Regulation; or
>
> \[ \] (v) The facility is not located within any State of the United
> States, the District of Columbia, the Commonwealth of Puerto Rico,
> Guam, American Samoa, the United States Virgin Islands, the Northern
> Mariana Islands, or any other territory or possession over which the
> United States has jurisdiction.

**(End of provision)**

**K.15. (FAR 52.225-1) BUY AMERICAN CERTIFICATE (DEC 1989)**

The offeror certifies that each end product, except those listed below,
is a domestic end product (as defined in the clause entitled \"Buy
American Act ‑ Supplies\"), and that components of unknown origin are
considered to have been mined, produced, or manufactured outside the
United States.

Excluded End Products Country Of Origin

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

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

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

(List as necessary)

Offerors may obtain from the contracting officer lists of articles,
materials, and supplies excepted from the Buy American Act.

**(End of Provision)**

**K.16. PARENT COMPANY AND IDENTIFYING DATA**

\(a\) A ***\"parent\"*** company, for the purpose of this provision, is
one that owns or controls

the activities and basic business policies of the bidder. To own the
bidding company means that the parent company must own more than 50
percent of the voting rights in that company. A company may control a
bidder as a parent even though not meeting the requirement for such
ownership if the parent company is able to formulate, determine, or veto
basic policy decisions of the offeror through the use of dominant
minority voting rights, use of proxy voting, or otherwise.

\(b\) The bidder \[ \] is, \[ \] is not \[check applicable box\] owned
or controlled by a parent company.

\(c\) If the bidder checked *\"is\"* in paragraph (b) above, it shall
provide the following information:

Name and Main Office Address of Parent Company\'s Employer\'s

Parent Company (Include ZIP Code) Identification Number

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

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

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

\(d\) If the bidder checked *\"is not\"* in paragraph (b) above, it
shall insert its own Employer\'s Identification Number on the following
line

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

**K.17. PERIOD FOR ACCEPTANCE OF OFFER**

In compliance with the solicitation, the offeror agrees, if this offer
is accepted within \_\_\_calendar days (90 calendar days unless a
different period is inserted by the offeror) from the date specified in
the solicitation for receipt of offerors, to furnish any or all items on
which prices are offered at the price set opposite each item, delivered
at the designated point(s), within the time specified in the Schedule.

**K.18. AUTHORIZED NEGOTIATORS**

The offeror or quoter represents that the following persons are
authorized to negotiate on its behalf with the Government in connection
with this request for proposals or quotations: *\[list names, titles,
and telephone numbers of the authorized negotiators\].*

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

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

**K.19. ADDRESS TO WHICH PAYMENT SHOULD BE MAILED**

In the space provided below, the Contractor is requested to indicate the
name and address to which payment should be mailed.

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

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

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

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

**K.20. MOST FAVORED CUSTOMER PRICE**

The Offeror warrants and agrees that the prices charged FEDLINK users
under this agreement will not exceed the prices charged by the vendor to
its most favored customer for the same item or services in like or
comparable quantities; and further agrees, that any payments received
for charges made in excess of prices paid by such most favored customers
will be returned to the Government.

**K.21. FACSIMILE NUMBER**

The offeror shall indicate below the telephone number (if applicable) to
which the Government may send written communications electronically.

**FAX NUMBER :**

**K.22. E-MAIL ADDRESS**

The offeror shall indicate below the e-mail address (if applicable) to
which the Government may send communications electronically.

**E-MAIL ADDRESS:**

**I HEREBY CERTIFY THAT THE RESPONSES TO THE ABOVE REPRESENTATIONS,
CERTIFICATIONS AND OTHER STATEMENTS ARE ACCURATE AND COMPLETE.**

**SIGNATURE:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**TITLE:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**DATE:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**