Athens

October 15, 2008

Dear Prospective Quoter:

SUBJECT: Solicitation Number SGR100-09-Q-0005

The Embassy of the United States of America invites you to submit a
quotation for the purchase and delivery of unleaded gasoline to the U.S.
Embassy in Athens.

Your quotation must be submitted in a sealed envelope marked \"Quotation
Enclosed\" to the Contracting Officer, 91, Queen Sophia Avenue, 101 60
Athens. The deadline for receipt of quotations is 11.00 hours local
time, on **October 30, 2008**. No quotations will be accepted after this
time.

In order for a quotation to be considered, you must also complete and
submit the following:

> SF-1449 (block 12, 17, 24 and 30).
>
> Section 1, Block 23
>
> Section 5, Representations and Certifications

Please direct any questions regarding this solicitation in writing to
the attention of Ms. Alexandra Kouyentaki, Procurement Supervisor.
Questions must be written in English, and may be emailed to
<GeorgopoulouKV@state.gov> , by 14.00 hours local time, on October 23,
2008.

The U.S. Government intends to award a contract to the responsible
company submitting an acceptable quotation at the lowest price. We
intend to award a contract based on initial quotations, without holding
discussions, although we may hold discussions with companies in the
competitive range if there is a need to do so.

> Sincerely,

Judith M. Johnson

Contracting Officer

Enclosure:

As Stated.

<table>
<colgroup>
<col style="width: 13%" />
<col style="width: 4%" />
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<col style="width: 4%" />
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<col style="width: 0%" />
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<col style="width: 0%" />
<col style="width: 9%" />
<col style="width: 3%" />
<col style="width: 2%" />
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<col style="width: 9%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 1%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 1%" />
<col style="width: 9%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="15"><p>SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS</p>
<p>OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, &amp; 30</p></td>
<td colspan="7">1. REQUISITION NUMBER</td>
<td colspan="7">PAGE 1 OF 28</td>
</tr>
<tr class="even">
<td colspan="2"><p>2. CONTRACT NUMBER</p>
<h1 id="section"></h1></td>
<td colspan="4">3.AWARD/EFFECTIVE DATE</td>
<td colspan="9">4. ORDER NUMBER</td>
<td colspan="7"><p>5. SOLICITATION NUMBER</p>
<p><strong>SGR100-09-Q-0005</strong></p></td>
<td colspan="7">6. SOLICITATION ISSUE DATE
<strong>10/15/2008</strong></td>
</tr>
<tr class="odd">
<td colspan="2"><p><strong>7. FOR SOLICITATION</strong></p>
<p><strong>INFORMATION CALL:</strong></p></td>
<td colspan="13"><p>a. NAME</p>
<p>Ms. Kelly Georgopoulou</p></td>
<td colspan="7"><p>b. TELEPHONE NUMBER (no collect calls)</p>
<p>210-720-2295</p></td>
<td colspan="7"><p>8. OFFER DUE DATE/</p>
<p>LOCAL TIME</p>
<p><strong>10/30/2008 at 11.00 hours</strong></p></td>
</tr>
<tr class="even">
<td colspan="9">9. ISSUED BY CODE</td>
<td colspan="3"></td>
<td colspan="9">10. THIS ACQUISITION IS</td>
<td colspan="6"><p>11. DELIVERY FOR FOB</p>
<p>DESTINATION UNLESS</p></td>
<td colspan="2">12. DISCOUNT TERMS</td>
</tr>
<tr class="odd">
<td colspan="5">American Embassy -GSO</td>
<td colspan="7"></td>
<td colspan="9"><p>[ x] UNRESTRICTED</p>
<p>[ ] SET ASIDE % FOR</p></td>
<td colspan="6"><p>BLOCK IS MARKED</p>
<p>[ ] SEE SCHEDULE</p></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="12"><p>91 Queen Sophia Avenue</p>
<p>GR 101 60 ATHENS</p></td>
<td colspan="9"><p>[ ] SMALL BUSINESS</p>
<p>[ ] SMALL DISADV BUSINESS</p></td>
<td colspan="8"><p>13a. THIS CONTRACT IS RATED ORDER</p>
<p>UNDER DPAS (15 CFR 700)</p></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="9">[ ] 8(A)</td>
<td colspan="8">13b. RATING</td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="7"></td>
<td colspan="9">SIC:</td>
<td colspan="8">14. METHOD OF SOLICITATION</td>
</tr>
<tr class="odd">
<td colspan="5"></td>
<td colspan="7"></td>
<td colspan="9">SIZE STANDARD:</td>
<td colspan="8">[X ] RFQ [ ] IFB [ ] RFP</td>
</tr>
<tr class="even">
<td colspan="9">15. DELIVER TO CODE</td>
<td colspan="3"></td>
<td colspan="16">16. ADMINISTERED BY CODE</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="17"></td>
</tr>
<tr class="even">
<td colspan="3"><p>17a. CONTRACTOR / CODE</p>
<p>OFFEROR</p></td>
<td></td>
<td colspan="4"><p>FACILITY</p>
<p>CODE</p></td>
<td colspan="4"></td>
<td colspan="16">18a. PAYMENT WILL BE MADE BY CODE</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="17">Electronic Funds Transfer (EFT)</td>
</tr>
<tr class="even">
<td colspan="12">[ ] 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH
ADDRESS IN OFFER</td>
<td colspan="17"><p>18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a.
UNLESS BLOCK BELOW IS CHECKED</p>
<p>[ x] SEE ADDENDUM</p></td>
</tr>
<tr class="odd">
<td><p>19.</p>
<p>ITEM NO.</p></td>
<td colspan="13"><p>20.</p>
<p>SCHEDULE OF SUPPLIES/SERVICES</p></td>
<td colspan="2"><p>21.</p>
<p>QUANTITY</p></td>
<td colspan="4"><p>22.</p>
<p>UNIT</p></td>
<td colspan="4"><p>23.</p>
<p>UNIT PRICE</p></td>
<td colspan="5"><p>24.</p>
<p>AMOUNT</p></td>
</tr>
<tr class="even">
<td></td>
<td colspan="13"><p>Purchase of unleaded gasoline, as per attached
Statement of Work.</p>
<p>(Attach additional Sheets as Necessary)</p></td>
<td colspan="2"></td>
<td colspan="4"></td>
<td colspan="3"></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="20">25. ACCOUNTING AND APPROPRIATION DATA</td>
<td colspan="9">26. TOTAL AWARD AMOUNT (For Govt. Use Only<strong>)
Euros</strong></td>
</tr>
<tr class="even">
<td colspan="29"><p>[x] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR
52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA [x]
ARE [ ] ARE NOT ATTACHED.</p>
<p>[ ] 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR
52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA [ ] ARE [ ]ARE NOT
ATTACHED.</p></td>
</tr>
<tr class="odd">
<td colspan="13">[ ] 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT
AND RETURN __ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS AND CONDITIONS
SPECIFIED HEREIN.</td>
<td colspan="16">[ ] 29. AWARD OF CONTRACT: REFERENCE _____________
OFFER DATED ____________. YOUROFFER ON SOLICITATION (BLOCK 5), INCLUDING
ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO
ITEMS: ___________.</td>
</tr>
<tr class="even">
<td colspan="11">30a. SIGNATURE OF OFFEROR/CONTRACTOR</td>
<td colspan="18">31a. UNITED STATES OF AMERICA (S<em>IGNATURE OF
CONTRACTING OFFICER)</em></td>
</tr>
<tr class="odd">
<td colspan="7"><p>30b. NAME AND TITLE OF SIGNER <em>(TYPE OR
PRINT</em>)</p>
<h2 id="section-1"></h2></td>
<td colspan="4">30c. DATE SIGNED</td>
<td colspan="15">31b. NAME OF CONTRACTING OFFICER (<em>TYPE OR
PRINT</em>)</td>
<td colspan="3">31c. DATE SIGNED</td>
</tr>
<tr class="even">
<td colspan="11"><p>32a. QUANTITY IN COLUMN 21 HAS BEEN</p>
<p>[ ] RECEIVED [ ] INSPECTED [ ] ACCEPTED, AND CONFORMS TO THE</p>
<p>CONTRACT, EXCEPT AS NOTED</p></td>
<td colspan="6">33. SHIP NUMBER</td>
<td colspan="8">34. VOUCHER NUMBER</td>
<td colspan="4">35. AMOUNT VERIFIED CORRECT FOR</td>
</tr>
<tr class="odd">
<td colspan="11"></td>
<td colspan="6">[ ] PARTIAL [ ] FINAL</td>
<td colspan="8"></td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="11"></td>
<td colspan="14">36. PAYMENT</td>
<td colspan="4">37. CHECK NUMBER</td>
</tr>
<tr class="odd">
<td colspan="10">32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE</td>
<td>32c. DATE</td>
<td colspan="14">[ ] COMPLETE [ ] PARTIAL [ ] FINAL</td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="10"></td>
<td></td>
<td colspan="7">38. S/R ACCOUNT NUMBER</td>
<td colspan="7">39. S/R VOUCHER NUMBER</td>
<td colspan="4">40. PAID BY</td>
</tr>
<tr class="odd">
<td colspan="10"></td>
<td></td>
<td colspan="14">42a. RECEIVED BY (<em>Print)</em></td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="11">41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR
PAYMENT</td>
<td colspan="14"></td>
<td colspan="4"></td>
</tr>
<tr class="odd">
<td colspan="10">41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER</td>
<td>41c. DATE</td>
<td colspan="14">42b. RECEIVED AT (<em>Location</em>)</td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="10"></td>
<td></td>
<td colspan="14"></td>
<td colspan="4"></td>
</tr>
<tr class="odd">
<td colspan="10"></td>
<td></td>
<td colspan="8">42c. DATE REC’D (YY/MM/DD)</td>
<td colspan="6">42d. TOTAL CONTAINERS</td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="10"></td>
<td></td>
<td colspan="8"></td>
<td colspan="6"></td>
<td colspan="4"></td>
</tr>
</tbody>
</table>

AUTHORIZED FOR LOCAL REPRODUCTION SF 1449

**TABLE OF CONTENTS**

**Section 1 - The Schedule**

-   SF 1449 cover sheet

-   Continuation To SF-1449, RFQ Number SGR100-09-Q-0005 Prices, Block
    23

-   Continuation To SF-1449, RFQ Number SGR100-09-Q-0005Schedule Of
    Supplies/Services, Block 20 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 - Offeror 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**

**CONTINUATION TO SF-1449,**

**RFQ NUMBER SGR100-09-Q-0005**

**PRICES, BLOCK 23**

I. [Scope of Services]{.underline}

The contractor shall provide and deliver unleaded gasoline, 95 octane at
duty paid price, to the U.S. Embassy installations, Doryleou Street,
Athens, as described in this solicitation. The contract type will be a
fixed price with economic price adjustment indefinite
quantity/indefinite delivery under which may be placed firm fixed-price
delivery orders. The price listed below shall include all labor,
materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, profit,
and transportation necessary to supply and deliver the ***unleaded
gasoline, 95 octane*** to the location stated above. In consideration of
satisfactory performance of all scheduled services required under this
contract, the contractor shall be paid a firm fixed-price for each
delivery. The contractor shall be compensated monthly upon receipt of a
proper invoice for all deliveries made under delivery orders during the
month.

II\. [Base Period]{.underline} - November 15, 2008 to May 14, 2009

**[Type of gasoline]{.underline}** **[Estimated Quantity]{.underline}
[Unit Price]{.underline} [Total ]{.underline}**

***(in lts) (per lt) (in €)***

Unleaded gasoline [100,000]{.underline} \_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_

95 octane

See Section I of Continuation of Block 20 for minimum and maximum
amounts.

**CONTINUATION TO SF-1449, RFQ NUMBER SGR100-09-Q-0005**

**SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20**

**DESCRIPTION/SPECIFICATIONS/WORK STATEMENT**

I. [Scope of Work]{.underline}

For the contract period, the U.S. Government guarantees a minimum order
of 30,000 liters of unleaded gasoline. The maximum amount of unleaded
gasoline ordered under the contract period shall not exceed 120,000
liters.

The contracting officer may issue oral orders that will be confirmed in
writing.

The gasoline provided will be unleaded, 95 octane***.*** For supply and
delivery of the unleaded gasoline the contractor shall be paid the fixed
price per unit as listed above. This price is not to exceed any official
rate, as set by laws enacted by the government of Greece.

[Delivery]{.underline}:

The contractor shall deliver unleaded gasoline to the U.S. Embassy,
Athens. Delivery must be executed within 48 hours from the date placing
the order, between the hours of 08.30 to15.00 hours, Monday through
Saturday, except Sunday and official holidays. In case of emergencies,
the contractor shall deliver heating fuel within 24-hour advance
notification, if requested.

The contractor will have all equipment necessary to deal with any
special circumstances, i.e., long hose, special wrenches, etc.
Deliveries should always be performed according to mutually agreed
safety standards.

The contractor shall promptly deliver the gasoline by tanker truck on
the date and time that are specified on delivery orders issued under the
contract. Any contractor personnel involved with the delivery of the
gasoline shall comply with Embassy regulations for receiving supplies.
The Contracting Officer\'s Representative (COR) will be responsible for
instructing contractor personnel at the time deliveries are made. The
driver of the tanker truck must submit an invoice to the COR for
approval at the time any delivery is made and shall have the right to
inspect the product at the time of delivery and to refuse to accept the
product which is not properly marked.

The driver of the tanker truck must provide a delivery ticket specifying
quantity, location and date, at the time any delivery is made to the
person receiving the product(s). If the driver attempts to short a
delivery, the contractor agrees to remove him from any deliveries to the
Embassy, if requested. **In case of quantity discrepancy the U.S.
Government's representative shall make a remark on the delivery ticket
stating the actual quantity of gasoline delivered (see also
Invoicing).**

Damage to U.S. Government property caused by the contractor due to the
fault or negligence during the life of this contract shall result in the
contractor being held liable for repair or replacement thereof at the
option of the U.S. Government.

**[C. Invoicing:]{.underline}**

Designated Billing Office. The Contractor shall submit to the designated
billing office invoice(s) for all services under this contract at the
following address:

U.S. Embassy Athens

Attention: Motor Pool

91 Queen Sophia Avenue

101 60 ATHENS

Invoices will be checked, matched with respective delivery tickets and
order letter, and processed for payment to the Embassy's Finance Office.
If delivery ticket is missing, the Contractor agrees to provide a copy,
when requested.

In case of quantity discrepancy the Contractor agrees to issue a credit
note for the quantity discrepancy and the U.S. Government will reimburse
the Contractor **only** for the quantity received and noted in the
remark.

Payments shall be electronically transferred to the Contractor's bank
account.

[Price Adjustment]{.underline}:

\(a\) The unit price per liter of unleaded gasoline, 95 octane may be
adjusted based on increases or decreases in the official price of
heating oil, mandated by the government of Greece.

\(b\) To request an adjustment in price, the Contractor must provide
written notification of the price change to the Contracting Officer at
least one week before the new price is to be effective. This
notification must be accompanied by a copy of the official announcement
of the price change, showing the new price and its effective date. The
officer or general partner of the Contractor having overall
responsibility for the Contractor\'s affairs shall certify the
submission by written signature.

\(c\) The U.S. Government will make no adjustment to the contract price
that relates to any wages, overhead, fixed costs, general and
administrative expenses, materials, or profit. Only the amount which is
a direct result of an increase or decrease in the price of oil to be
delivered under this contract shall be considered by the U.S. Government
as the basis for contract price adjustments.

\(d\) The Contractor may not request an adjustment under this clause
after final payment has been made under this contract.

\(e\) This clause shall only apply to laws enacted by the government of
Greece which meet the criteria set forth above. The U.S. Government will
make no adjustments in contract price due to currency devaluations or
fluctuations in exchange rates.

**SECTION 2 - CONTRACT CLAUSES**

FAR 52.212-4, Contract Terms and Conditions \-- Commercial Items (OCT
2008), is incorporated by reference. (See SF-1449, block 27a).

ADDENDUM TO 52.212-4

None

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

As prescribed in
[12.301](http://acquisition.gov/far/current/html/Subpart 12_3.html#wp1084399)(b)(4),
insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or
Executive Orders---Commercial Items (Sept 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](http://acquisition.gov/far/current/html/52_233_240.html#wp1113329),
Protest After Award ([Aug]{.smallcaps} 1996)
([31 U.S.C. 3553](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++(31)  AND ((31) ADJ USC)%3ACITE         )).

\(2\)
[52.233-4](http://acquisition.gov/far/current/html/52_233_240.html#wp1113344),
Applicable Law for Breach of Contract Claim ([Oct 2004]{.smallcaps})
(Pub. L. 108-77, 108-78)

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

X (1)
[52.203-6](http://acquisition.gov/far/current/html/52_200_206.html#wp1137622),
Restrictions on Subcontractor Sales to the Government (Sept 2006), with
Alternate I (Oct 1995)
([41 U.S.C. 253g](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++(41)  AND ((41) ADJ USC)%3ACITE         )
and
[10 U.S.C. 2402](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++(10) %252)).

X (36)
[52.232-33](http://acquisition.gov/far/current/html/52_232.html#wp1153351),
Payment by Electronic Funds Transfer---Central Contractor Registration
(Oct 2003)
([31 U.S.C. 3332](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++(31)  AND ((31) ADJ USC)%3ACITE         )).

X (37)
[52.232-34](http://acquisition.gov/far/current/html/52_232.html#wp1153375),
Payment by Electronic Funds Transfer---Other than Central Contractor
Registration (May 1999)
([31 U.S.C. 3332](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++(31)  AND ((31) ADJ USC)%3ACITE         )).

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

\(d\)  *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](http://acquisition.gov/far/current/html/52_215.html#wp1144470),
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](http://acquisition.gov/far/current/html/Subpart 4_7.html#wp1082800),
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 settelement. Records relating to
appeals under the disputes clause or to litigation or the settlement of
claims arising under or relating to this contract shall be made
available until such appeals, litigation, or claims are finally
resolved.

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

(e)(1) Notwithstanding the requirements of the clauses in
paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not
required to flow down any FAR clause, other than those in paragraphs (i)
through (vii) 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](http://acquisition.gov/far/current/html/52_217_221.html#wp1136032),
Utilization of Small Business Concerns (May 2004)
([15 U.S.C. 637(d)(2)](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++(15)  AND ((15) ADJ USC)%3ACITE         )
and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business
concerns) exceeds \$550,000 (\$1,000,000 for construction of any public
facility), the subcontractor must include
[52.219-8](http://acquisition.gov/far/current/html/52_217_221.html#wp1136032)
in lower tier subcontracts that offer subcontracting opportunities.

\(ii\)
[52.222-26](http://acquisition.gov/far/current/html/52_222.html#wp1147711),
Equal Opportunity (Mar 2007) (E.O. 11246).

\(iii\)
[52.222-35](http://acquisition.gov/far/current/html/52_222.html#wp1148042),
Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam
Era, and Other Eligible Veterans (Sept 2006)
([38 U.S.C. 4212](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++(38)  AND ((38) ADJ USC)%3ACITE         )).

\(iv\)
[52.222-36](http://acquisition.gov/far/current/html/52_222.html#wp1148097),
Affirmative Action for Workers with Disabilities (June 1998)
([29 U.S.C. 793](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++(29)  AND ((29) ADJ USC)%3ACITE         )).

\(v\)
[52.222-39](http://acquisition.gov/far/current/html/52_222.html#wp1148147),
Notification of Employee Rights Concerning Payment of Union Dues or Fees
(Dec 2004) (E.O. 13201).

\(vi\)
[52.222-41](http://acquisition.gov/far/current/html/52_222.html#wp1148176),
Service Contract Act of 1965 (Nov 2007)
([41 U.S.C. 351](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++(41)  AND ((41) ADJ USC)%3ACITE         ),
*et seq*.).

\(vii\)
[52.222-50](http://acquisition.gov/far/current/html/52_222.html#wp1151848),
Combating Trafficking in Persons (Aug 2007) ([22 U.S.C.
7104(g)](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+618+103++(22)  AND ((22) ADJ USC)%3ACITE         )).
Flow down required in accordance with paragraph (f) of FAR clause
[52.222-50](http://acquisition.gov/far/current/html/52_222.html#wp1151848).

\(viii\)
[52.222-51](http://acquisition.gov/far/current/html/52_222.html#wp1155380),
Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements
(Nov 2007) ([41 U.S.C. 351](http://uscode.house.gov/), *et seq.*).

\(ix\)
[52.222-53](http://acquisition.gov/far/current/html/52_222.html#wp1155440),
Exemption from Application of the Service Contract Act to Contracts for
Certain Services-Requirements (Nov 2007) ([41 U.S.C.
351](http://uscode.house.gov/), *et seq.*).

\(x\)
[52.247-64](http://acquisition.gov/far/current/html/52_247.html#wp1156217),
Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
([46 U.S.C.
Appx. 1241(b)](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++(46)  AND ((46) ADJ USC)%3ACITE         )
and
[10 U.S.C. 2631](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++(10) %252)).
Flow down required in accordance with paragraph (d) of FAR
clause [52.247-64](http://acquisition.gov/far/current/html/52_247.html#wp1156217).

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

(End of clause)

**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 this/these
address(es):

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

http://acquisition.gov/far/index.html 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.state.gov](http://www.statebuy.gov/home.htm) to see
the links to the FAR. You may also use a network "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}

52.225-14 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)

The following FAR clauses are provided in full text:

52.204-7 Central Contractor Registration (JULY 2006)

> \(a\) Definitions. As used in this clause-
>
> \"Central Contractor Registration (CCR) database\" means the primary
> Government repository for Contractor information required for the
> conduct of business with the Government.
>
> \"Data Universal Numbering System (DUNS) number\" means the 9-digit
> number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique
> business entities.
>
> \"Data Universal Numbering System +4 (DUNS+4) number\" means the DUNS
> number assigned by D&B plus a 4-character suffix that may be assigned
> by a business concern. (D&B has no affiliation with this 4-character
> suffix.) This 4-character suffix may be assigned at the discretion of
> the business concern to establish additional CCR records for
> identifying alternative Electronic Funds Transfer (EFT) accounts (see
> the FAR at Subpart 32.11) for the same parent concern.
>
> \"Registered in the CCR database\" means that- (1) The Contractor has
> entered all mandatory information, including the DUNS number or the
> DUNS+4 number, into the CCR database; and (2) The Government has
> validated all mandatory data fields, to include validation of the
> Taxpayer Identification number (TIN) with the Internal Revenue Service
> (IRS), and has marked the record \"Active\". The Contractor will be
> required to provide consent for TIN validation to the government as a
> part of the CCR registration process.
>
> (b)(1) By submission of an offer, the offeror acknowledges the
> requirement that a prospective awardee shall be registered in the CCR
> database prior to award, during performance, and through final payment
> of any contract, basic agreement, basic ordering agreement, or blanket
> purchasing agreement resulting from this solicitation.
>
> \(2\) The offeror shall enter, in the block with its name and address
> on the cover page of its offer, the annotation \"DUNS\" or \"DUNS +4\"
> followed by the DUNS or DUNS +4 number that identifies the offeror\'s
> name and address exactly as stated in the offer. The DUNS number will
> be used by the Contracting Officer to verify that the offeror is
> registered in the CCR database.
>
> \(c\) If the offeror does not have a DUNS number, it should contact
> Dun and Bradstreet directly to obtain one.
>
> \(1\) An offeror may obtain a DUNS number-
>
> \(i\) If located within the United States, by calling Dun and
> Bradstreet at 1-866-705-5711 or via the Internet at
> *http://www.dnb.com*; or
>
> \(ii\) If located outside the United States, by contacting the local
> Dun and Bradstreet office.
>
> \(2\) The offeror should be prepared to provide the following
> information:
>
> \(i\) Company legal business.
>
> \(ii\) Tradestyle, doing business, or other name by which your entity
> is commonly recognized.
>
> \(iii\) Company Physical Street Address, City, State, and Zip Code.
>
> \(iv\) Company Mailing Address, City, State and Zip Code (if separate
> from physical).
>
> \(v\) Company Telephone Number.
>
> \(vi\) Date the company was started.
>
> \(vii\) Number of employees at your location.
>
> \(viii\) Chief executive officer/key manager.
>
> \(ix\) Line of business (industry).
>
> \(x\) Company Headquarters name and address (reporting relationship
> within your entity).
>
> \(d\) If the Offeror does not become registered in the CCR database in
> the time prescribed by the Contracting Officer, the Contracting
> Officer will proceed to award to the next otherwise successful
> registered Offeror.
>
> \(e\) Processing time, which normally takes 48 hours, should be taken
> into consideration when registering. Offerors who are not registered
> should consider applying for registration immediately upon receipt of
> this solicitation.
>
> \(f\) The Contractor is responsible for the accuracy and completeness
> of the data within the CCR database, and for any liability resulting
> from the Government\'s reliance on inaccurate or incomplete data. To
> remain registered in the CCR database after the initial registration,
> the Contractor is required to review and update on an annual basis
> from the date of initial registration or subsequent updates its
> information in the CCR database to ensure it is current, accurate and
> complete. Updating information in the CCR does not alter the terms and
> conditions of this contract and is not a substitute for a properly
> executed contractual document.
>
> \(g\) (1) (i) If a Contractor has legally changed its business name,
> \"doing business as\" name, or division name (whichever is shown on
> the contract), or has transferred the assets used in performing the
> contract, but has not completed the necessary requirements regarding
> novation and change-of-name agreements in Subpart 42.12, the
> Contractor shall provide the responsible Contracting Officer a minimum
> of one business day\'s written notification of its intention to (A)
> change the name in the CCR database; (B) comply with the requirements
> of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline
> and procedures specified by the responsible Contracting Officer. The
> Contractor must provide with the notification sufficient documentation
> to support the legally changed name.
>
> \(ii\) If the Contractor fails to comply with the requirements of
> paragraph (g)(1)(i) of this clause, or fails to perform the agreement
> at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a
> properly executed novation or change-of-name agreement, the CCR
> information that shows the Contractor to be other than the Contractor
> indicated in the contract will be considered to be incorrect
> information within the meaning of the \"Suspension of Payment\"
> paragraph of the electronic funds transfer (EFT) clause of this
> contract.
>
> \(2\) The Contractor shall not change the name or address for EFT
> payments or manual payments, as appropriate, in the CCR record to
> reflect an assignee for the purpose of assignment of claims (see FAR
> Subpart 32.8, Assignment of Claims). Assignees shall be separately
> registered in the CCR database. Information provided to the
> Contractor\'s CCR record that indicates payments, including those made
> by EFT, to an ultimate recipient other than that Contractor will be
> considered to be incorrect information within the meaning of the
> \"Suspension of payment\" paragraph of the EFT clause of this
> contract.
>
> \(h\) Offerors and Contractors may obtain information on registration
> and annual confirmation requirements via the internet at
> *http://www.ccr.gov* or by calling 1-888-227-2423, or 269-961-5757.

[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. Such orders may be
issued from date of award through base period or option periods if
exercised.

\(b\) 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 7,000 liters, 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 17,000 liters;

\(2\) Any order for a combination of items in excess of 17,000 liters;
or

\(3\) A series of orders from the same ordering office within thirty
(30) 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 two (2) 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 one year
beyond the contract's effective period.

[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.

The following DOSAR clauses are provided in full text:

[CONTRACTOR IDENTIFICATION (JULY 2008)]{.underline}

Contract performance may require contractor personnel to attend meetings
with government personnel and the public, work within government
offices, and/or utilize government email.

Contractor personnel must take the following actions to identify
themselves as non-federal employees:

1)  Use an email signature block that shows name, the office being
    supported and company affiliation (e.g. "John Smith, Office of Human
    Resources, ACME Corporation Support Contractor");

```{=html}
<!-- -->
```
1)  Clearly identify themselves and their contractor affiliation in
    meetings;

> 3\) Identify their contractor affiliation in Departmental e-mail and
> phone listings whenever contractor personnel are included in those
> listings; and
>
> 4\) Contractor personnel may not utilize Department of State logos or
> indicia on business cards.

(end of clause)

[652.216-70 ORDERING - INDEFINITE-DELIVERY CONTRACT (APR
2004)]{.underline}

The Government shall use one of the following forms to issue orders
under this contract:

\(a\) The Optional Form 347, *Order for Supplies or Services*, and
Optional Form 348, *Order for Supplies or Services Schedule -
Continuation*; or,

\(b\) The DS-2076, *Purchase Order, Receiving Report and Voucher*, and
DS-2077, *Continuation Sheet*.

[52.232-70 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 and one copy 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)

\(a\) 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

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

\(b\) 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. If the contractor's
personnel work on a holiday, no form of holiday or other premium
compensation will be reimbursed either as a direct or indirect cost,
unless authorized pursuant to an overtime clause elsewhere in this
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: ***Motor Pool Officer.***

[652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS
AMENDED (AUG 1999)]{.underline}

\(a\) Section 8(a) of the U.S. Export Administration Act of 1979, as
amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with
any boycott fostered by a foreign country against a country which is
friendly to the United States and which is not itself the object of any
form of boycott pursuant to United States law or regulation. The Boycott
of Israel by Arab League countries is such a boycott, and therefore, the
following actions, if taken with intent

to comply with, further, or support the Arab League Boycott of Israel,
are prohibited activities under the Export Administration Act:

\(1\) Refusing, or requiring any U.S. person to refuse to do business
with or in Israel, with any Israeli business concern, or with any
national or resident of Israel, or with any other person, pursuant to an
agreement of, or a request from or on behalf of a boycotting country;

\(2\) Refusing, or requiring any U.S. person to refuse to employ or
otherwise discriminating against any person on the basis of race,
religion, sex, or national origin of that person or of any owner,
officer, director, or employee of such person;

\(3\) Furnishing information with respect to the race, religion, or
national origin of any U.S. person or of any owner, officer, director,
or employee of such U.S. person;

\(4\) Furnishing information about whether any person has, has had, or
proposes to have any business relationship (including a relationship by
way of sale, purchase, legal or commercial representation, shipping or
other transport, insurance, investment, or supply) with or in the State
of Israel, with any business concern organized under the laws of the
State of Israel, with any Israeli national or resident, or with any
person which is known or believed to be restricted from having any
business relationship with or in Israel;

\(5\) Furnishing information about whether any person is a member of,
has made contributions to, or is otherwise associated with or involved
in the activities of any charitable or fraternal organization which
supports the State of Israel; and,

\(6\) Paying, honoring, confirming, or otherwise implementing a letter
of credit which contains any condition or requirement against doing
business with the State of Israel.

\(b\) Under Section 8(a), the following types of activities are not
forbidden \`\`compliance with the boycott,\'\' and are therefore
exempted from Section 8(a)\'s prohibitions listed in paragraphs
(a)(1)-(6) above:

\(1\) Complying or agreeing to comply with requirements:

\(i\) Prohibiting the import of goods or services from Israel or goods
produced or services provided by any business concern organized under
the laws of Israel or by nationals or residents of Israel; or,

\(ii\) Prohibiting the shipment of goods to Israel on a carrier of
Israel, or by a route other than that prescribed by the boycotting
country or the recipient of the shipment;

\(2\) Complying or agreeing to comply with import and shipping document
requirements with respect to the country of origin, the name of the
carrier and route of shipment, the name of the supplier of the shipment
or the name of the provider of other services, except that no
information knowingly furnished or conveyed in response to such
requirements may be stated in negative,

blacklisting, or similar exclusionary terms, other than with respect to
carriers or route of shipments as may be permitted by such regulations
in order to comply with precautionary requirements protecting against
war risks and confiscation;

\(3\) Complying or agreeing to comply in the normal course of business
with the unilateral and specific selection by a boycotting country, or
national or resident thereof, of carriers, insurance,

suppliers of services to be performed within the boycotting country or
specific goods which, in the normal course of business, are identifiable
by source when imported into the boycotting country;

\(4\) Complying or agreeing to comply with the export requirements of
the boycotting country relating to shipments or transshipments of
exports to Israel, to any business concern of or organized under the
laws of Israel, or to any national or resident of Israel;

\(5\) Compliance by an individual or agreement by an individual to
comply with the immigration or passport requirements of any country with
respect to such individual or any member of such individual\'s family or
with requests for information regarding requirements of employment of
such individual within the boycotting country; and,

\(6\) Compliance by a U.S. person resident in a foreign country or
agreement by such person to comply with the laws of that country with
respect to his or her activities exclusively therein, and such
regulations may contain exceptions for such resident complying with the
laws or regulations of that foreign country governing imports into such
country of trademarked, trade named, or similarly specifically
identifiable products, or components of products for his or her own use,
including the performance of contractual services within that country,
as may be defined by such regulations.

[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 52.212-1

None

**ADDENDUM TO SOLICITATION PROVISIONS**

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

[52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
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 this/these address(es):

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 avaialble at
the locations indicated above, use of a network "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}

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

The following DOSAR provisions are provided in full text:

[652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999)]{.underline}

\(a\) The Department of State\'s Competition Advocate is responsible for
assisting industry in removing restrictive requirements from Department
of State solicitations and removing barriers to full and open
competition and use of commercial items. If such a solicitation is
considered competitively restrictive or does not appear properly
conducive to competition and commercial practices, potential offerors
are encouraged to first contact the contracting officer for the
respective solicitation. If concerns remain unresolved, contact the
Department of State Competition Advocate on (703) 516-1680, by fax at
(703) 875-6155, or write to: Department of State, Competition Advocate,
Office of the Procurement Executive (A/OPE), Suite 603, SA-6,
Washington, DC 20522-0602.

\(b\) The Department of State\'s Acquisition Ombudsman has been
appointed to hear concerns from potential offerors and contractors
during the preaward and postaward phases of this acquisition. The role
of the ombudsman is not to diminish the authority of the contracting
officer, the Technical Evaluation Panel or Source Evaluation Board, or
the selection official. The purpose of the ombudsman is to facilitate
the communication of concerns, issues, disagreements, and
recommendations of interested parties to the appropriate Government
personnel, and work to resolve them. When requested and appropriate, the
ombudsman will maintain strict confidentiality as to the source of the
concern. The ombudsman does not participate in the evaluation of
proposals, the source selection process, or the adjudication of formal
contract disputes. Interested parties are invited to contact the
contracting activity ombudsman, Management Counselor, at Tel. No.
210-720-2295, by FAX at 210-722-7255. For an American Embassy or
overseas post, refer to the numbers below for the Department Acquisition
Ombudsman. Concerns, issues, disagreements, and recommendations which
cannot be resolved at a contracting activity level may be referred to
the Department of State Acquisition Ombudsman at (703) 516-1680, by fax
at (703) 875-6155, or write to: Department of State, Acquisition
Ombudsman, Office of the Procurement Executive (A/OPE), Suite 603, SA-6,
Washington, DC 20522-0602.

[Acquisition Method]{.underline}: The Government is conducting this
acquisition using the simplified acquisition procedures in Part 13 of
the Federal Acquisition Regulation (FAR). If the dollar amount exceeds
the simplified acquisition threshold, then the Government will be using
the test program for commercial items authorized by Subpart 13.5 of the
FAR.

**SECTION 4 - EVALUATION FACTORS**

Award will be made to the lowest priced, acceptable, responsible offeror
. Proposals shall include a completed solicitation. The Government
reserves the right to reject proposals that are unreasonably low or high
in price.

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.
Acceptability will be determined by assessing the offeror\'s compliance
with the terms of the RFP. Responsibility will be determined by
analyzing whether the apparent successful offeror complies with the
requirements of FAR 9.1, including:

-   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;

-   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.

**ADDENDUM TO EVALUATION FACTORS**

**FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12**

None

**SECTION 5 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS**

### 52.212-3  Offeror Representations and Certifications---Commercial Items. 

As prescribed in
[12.301](http://acquisition.gov/far/current/html/Subpart 12_3.html#wp1084399)(b)(2),
insert the following provision:

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.

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

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

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

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

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

"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.*\]

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

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

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

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

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

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

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

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

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

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

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

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

\(A\) Offeror's number of employees for the past 12 months (check the
Employees column if size standard stated in the solicitation is
expressed in terms of number of employees); or

\(B\) Offeror's average annual gross revenue for the last 3 fiscal years
(check the Average Annual Gross Number of Revenues column if size
standard stated in the solicitation is expressed in terms of annual
receipts).

(*Check one of the following*):

  ---------------------------- ------------------------------------------
  Number of Employees          Average Annual Gross Revenues

  \_\_ 50 or fewer             \_\_ \$1 million or less

  \_\_ 51--100                 \_\_ \$1,000,001--\$2 million

  \_\_ 101--250                \_\_ \$2,000,001--\$3.5 million

  \_\_ 251--500                \_\_ \$3,500,001--\$5 million

  \_\_ 501--750                \_\_ \$5,000,001--\$10 million

  \_\_ 751--1,000              \_\_ \$10,000,001--\$17 million

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

\(9\) \[*Complete only if the solicitation contains the clause at
FAR *[52.219-23](http://acquisition.gov/far/current/html/52_217_221.html#wp1136333)*,
Notice of Price Evaluation Adjustment for Small Disadvantaged Business
Concerns, or
FAR *[52.219-25](http://acquisition.gov/far/current/html/52_217_221.html#wp1136374)*,
Small Disadvantaged Business Participation Program---Disadvantaged
Status and Reporting, and the offeror desires a benefit based on its
disadvantaged status*.\]

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

\(A\) It o is, o is not certified by the Small Business Administration
as a small disadvantaged business concern and identified, on the date of
this representation, as a certified small disadvantaged business concern
in the database maintained by the Small Business Administration
(PRO-Net), and that no material change in disadvantaged ownership and
control has occurred since its certification, and, where the concern is
owned by one or more individuals claiming disadvantaged status, the net
worth of each individual upon whom the certification is based does not
exceed \$750,000 after taking into account the applicable exclusions set
forth at 13 CFR 124.104(c)(2); or

\(B\) It o has, o has not submitted a completed application to the Small
Business Administration or a Private Certifier to be certified as a
small disadvantaged business concern in accordance with 13 CFR 124,
Subpart B, and a decision on that application is pending, and that no
material change in disadvantaged ownership and control has occurred
since its application was submitted.

\(ii\) o *Joint Ventures under the Price Evaluation Adjustment for Small
Disadvantaged Business Concerns.* The offeror represents, as part of its
offer, that it is a joint venture that complies with the requirements in
13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of
this provision is accurate for the small disadvantaged business concern
that is participating in the joint venture. \[*The offeror shall enter
the name of the small disadvantaged business concern that is
participating in the joint venture: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_*.\]

\(10\) *HUBZone small business concern*. \[*Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of
this provision*.\] The offeror represents, as part of its offer, that---

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

\(ii\) It o is, o is not a joint venture that complies with the
requirements of 13 CFR Part 126, and the representation in
paragraph (c)(10)(i) of this provision is accurate for the HUBZone small
business concern or concerns that are participating in the joint
venture. \[*The offeror shall enter the name or names of the HUBZone
small business concern or concerns that are participating in the joint
venture*: \_\_\_\_\_\_\_\_\_\_.\] Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy
of the HUBZone representation.

\(d\) Representations required to implement provisions of Executive
Order 11246---

\(1\) Previous contracts and compliance. The offeror represents that---

\(i\) It o has, o has not participated in a previous contract or
subcontract subject to the Equal Opportunity clause of this
solicitation; and

\(ii\) It o has, o has not filed all required compliance reports.

\(2\) *Affirmative Action Compliance*. The offeror represents that---

\(i\) It o has developed and has on file, o has not developed and does
not have on file, at each establishment, affirmative action programs
required by rules and regulations of the Secretary of Labor (41 cfr
parts 60-1 and 60-2), or

\(ii\) It o has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.

\(e\) *Certification Regarding Payments to Influence Federal
Transactions (*[31 ]{.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.

\(f\) *Buy American Act Certificate*. (Applies only if the clause at
Federal Acquisition Regulation (FAR)
[52.225-1](http://acquisition.gov/far/current/html/52_223_226.html#wp1168995),
Buy American Act---Supplies, is included in this solicitation.)

\(1\) The offeror certifies that each end product, except those listed
in paragraph (f)(2) of this provision, is a domestic end product and
that the offeror has considered components of unknown origin to have
been mined, produced, or manufactured outside the United States. The
offeror shall list as foreign end products those end products
manufactured in the United States that do not qualify as domestic end
products. The terms "component," "domestic end product," "end product,"
"foreign end product," and "United States" are defined in the clause of
this solicitation entitled "Buy American Act---Supplies."

\(2\) Foreign End Products:

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

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

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

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

\[*List as necessary*\]

\(3\) The Government will evaluate offers in accordance with the
policies and procedures of
FAR [Part 25](http://acquisition.gov/far/current/html/FARTOCP25.html#wp225048).

(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.

\(k\) *Certificates regarding exemptions from the application of the
Service Contract Act.* (Certification by the offeror as to its
compliance with respect to the contract also constitutes its
certification as to compliance by its subcontractor if it subcontracts
out the exempt services.) \[*The contracting officer is to check a box
to indicate if paragraph (k)(1) or (k)(2) applies.*\]

\[  \] (1) Maintenance, calibration, or repair of certain equipment as
described in FAR
[22.1003-4](http://acquisition.gov/far/current/html/Subpart 22_10.html#wp1105165)(c)(1).
The offeror o does o does not certify that---

\(i\) The items of equipment to be serviced under this contract are used
regularly for other than Governmental purposes and are sold or traded by
the offeror in substantial quantities to the general public in the
course of normal business operations;

\(ii\) The services will be furnished at prices which are, or are based
on, established catalog or market prices (see FAR
[22.1003-4](http://acquisition.gov/far/current/html/Subpart 22_10.html#wp1105165)(c)(2)(ii))
for the maintenance, calibration, or repair of such equipment; and

\(iii\) The compensation (wage and fringe benefits) plan for all service
employees performing work under the contract will be the same as that
used for these employees and equivalent employees servicing the same
equipment of commercial customers.

\[  \] (2) Certain services as described in
FAR [22.1003-4](http://acquisition.gov/far/current/html/Subpart 22_10.html#wp1105165)(d)(1).
The offeror o does o does not certify that---

\(i\) The services under the contract are offered and sold regularly to
non-Governmental customers, and are provided by the offeror (or
subcontractor in the case of an exempt subcontract) to the general
public in substantial quantities in the course of normal business
operations;

\(ii\) The contract services will be furnished at prices that are, or
are based on, established catalog or market prices (see FAR
[22.1003-4](http://acquisition.gov/far/current/html/Subpart 22_10.html#wp1105165)(d)(2)(iii));

\(iii\) Each service employee who will perform the services under the
contract will spend only a small portion of his or her time (a monthly
average of less than 20 percent of the available hours on an annualized
basis, or less than 20 percent of available hours during the contract
period if the contract period is less than a month) servicing the
Government contract; and

\(iv\) The compensation (wage and fringe benefits) plan for all service
employees performing work under the contract is the same as that used
for these employees and equivalent employees servicing commercial
customers.

\(3\) If paragraph (k)(1) or (k)(2) of this clause applies---

\(i\) If the offeror does not certify to the conditions in paragraph
(k)(1) or (k)(2) and the Contracting Officer did not attach a Service
Contract Act wage determination to the solicitation, the offeror shall
notify the Contracting Officer as soon as possible; and

\(ii\) The Contracting Officer may not make an award to the offeror if
the offeror fails to execute the certification in paragraph (k)(1) or
(k)(2) of this clause or to contact the Contracting Officer as required
in paragraph (k)(3)(i) of this clause.

\(l\) *Taxpayer Identification Number (TIN) (*[26 U.S.C.
6109](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.

(End of provision)

**ADDENDUM TO OFFEROR REPRESENTATIONS AND CERTIFICATIONS**

**FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12**

The following DOSAR provision is provided in full text:

[652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)]{.underline}

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

Foreign person means any person other than a United States person as
defined below.

United States person means any United States resident or national (other
than an individual resident outside the United States and employed by
other than a United States person), any domestic concern (including any
permanent domestic establishment of any foreign concern), and any
foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by
such domestic concern, as provided under the Export Administration Act
of 1979, as amended.

\(b\) Certification. By submitting this offer, the offeror certifies
that it is not:

> \(1\) Taking or knowingly agreeing to take any action, with respect to
> the boycott of Israel by Arab League countries, which Section 8(a) of
> the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a))
> prohibits a United States person from taking; or,

\(2\) Discriminating in the award of subcontracts on the basis of
religion.