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<tbody>
<tr class="odd">
<td colspan="15" rowspan="2"><h1
id="solicitationcontractorder-for-commercial-items">SOLICITATION/CONTRACT/ORDER
FOR COMMERCIAL ITEMS</h1>
<h2 id="offeror-to-complete-blocks-12-17-23-24-30">Offeror to Complete
Blocks 12, 17, 23, 24, &amp; 30</h2></td>
<td colspan="11">1. Requisition Number</td>
<td colspan="5" rowspan="2">PAGE 1 OF</td>
<td colspan="3" rowspan="2">30</td>
<td></td>
</tr>
<tr class="even">
<td colspan="11"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="5">2. Contract No.</td>
<td colspan="5">3. Award/Effective Date</td>
<td colspan="5">4. Order Number</td>
<td colspan="11">5. Solicitation Number</td>
<td colspan="8">6. Solicitation Issue Date</td>
<td></td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="5">     </td>
<td colspan="5">     </td>
<td colspan="11">DE-RQ65-05-WJ02262</td>
<td colspan="8">October 5, 2004</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="3" rowspan="2">7. For Solicitation Information Call:</td>
<td colspan="12">a. Name Arlene Amundson</td>
<td colspan="11">b. Telephone No <em>(No collect calls)</em></td>
<td colspan="8">8. Offer Due Date/Local Time</td>
<td></td>
</tr>
<tr class="even">
<td colspan="12">amundson@wapa.gov</td>
<td colspan="11">970-461-7217</td>
<td colspan="8">Oct 29, 2004 / 01:00 PM</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="4">9. Issued By</td>
<td colspan="4">Code LAO</td>
<td colspan="8">10. THIS ACQUISITION IS:</td>
<td colspan="12">11. Delivery for FOB Destination unless block is
marked.</td>
<td colspan="6">12. Discount Terms</td>
<td></td>
</tr>
<tr class="even">
<td colspan="8" rowspan="8"><p>U.S. DEPT OF ENERGY</p>
<p>WESTERN AREA POWER ADMIN</p>
<p>5555 East Crossroads Blvd.</p>
<p>PO BOX 3700</p>
<p>LOVELAND, CO 80539-3003</p></td>
<td></td>
<td colspan="3"> </td>
<td colspan="4">Unrestricted</td>
<td colspan="12"></td>
<td colspan="6">     </td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="3">X</td>
<td colspan="4">Set-Aside 100 % for</td>
<td colspan="4"></td>
<td>X</td>
<td colspan="7">See Schedule</td>
<td colspan="6">     </td>
<td></td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td colspan="12"></td>
<td colspan="6">     </td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="2">X</td>
<td colspan="5">Small Business</td>
<td></td>
<td colspan="2"> </td>
<td colspan="15" rowspan="2">13a. This contract is a rated order under
DPAS(15 CFR 700)</td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td colspan="2"> </td>
<td colspan="5">Small Disadv. Business</td>
<td></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="2"></td>
<td colspan="5">8(A)</td>
<td colspan="18">13b. Rating      </td>
<td></td>
</tr>
<tr class="even">
<td colspan="5">SIC:</td>
<td colspan="3"><u>561720</u></td>
<td colspan="18">14. Method of Solicitation</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="5">Size Standard:</td>
<td colspan="3"><u>$14.0 M</u></td>
<td colspan="8"></td>
<td>X</td>
<td colspan="2">RFQ</td>
<td> </td>
<td colspan="4">IFB</td>
<td> </td>
<td>RFP</td>
<td></td>
</tr>
<tr class="even">
<td colspan="6">15. Deliver To</td>
<td colspan="7">Code CASPER</td>
<td colspan="17">16. Administered By</td>
<td colspan="4">Code      </td>
<td></td>
</tr>
<tr class="odd">
<td colspan="13"><p>WESTERN AREA POWER ADMIN</p>
<p>Virginia Smith Converter Station</p>
<p>2281 Road 111</p>
<p>Sidney, NE 69162</p></td>
<td colspan="21"><p> U.S. DEPT OF ENERGY    </p>
<p> WESTERN AREA POWER ADMIN    </p>
<p> P.O. BOX 3700, ATTN J1532    </p>
<p> LOVELAND, CO 80539-3003    </p></td>
<td></td>
</tr>
<tr class="even">
<td colspan="4">17a. Contractor/Offeror</td>
<td colspan="9">Code       Fac Code      </td>
<td colspan="10">18a. Payment Will Be Made By</td>
<td colspan="11">Code      </td>
<td></td>
</tr>
<tr class="odd">
<td colspan="13" rowspan="4"><p>     </p></td>
<td colspan="21" rowspan="5"><p> U.S. DEPT OF ENERGY    </p>
<p> WESTERN AREA POWER ADMIN    </p>
<p> P.O. BOX 3700, ATTN J8000    </p>
<p> LOVELAND, CO 80539-3003    </p></td>
<td></td>
</tr>
<tr class="even">
<td></td>
</tr>
<tr class="odd">
<td></td>
</tr>
<tr class="even">
<td></td>
</tr>
<tr class="odd">
<td colspan="7">Phone No.      </td>
<td colspan="6">TIN:      </td>
<td></td>
</tr>
<tr class="even">
<td colspan="13">17b. Check below if remittance is different and put
such address in offer.</td>
<td colspan="21">18b. Submit invoices to address shown in block 18a
unless box below is checked.</td>
<td></td>
</tr>
<tr class="odd">
<td>     </td>
<td colspan="12"></td>
<td>     </td>
<td colspan="20">See Addendum.</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><p>19.</p>
<p>ITEM NO.</p></td>
<td colspan="11"><p>20.</p>
<p>SCHEDULE OF SUPPLIES/SERVICES</p></td>
<td colspan="5"><p>21.</p>
<p>QUANTITY</p></td>
<td colspan="4"><p>22.</p>
<p>UNIT</p></td>
<td colspan="7"><p>23.</p>
<p>UNIT PRICE</p></td>
<td colspan="5"><p>24.</p>
<p>AMOUNT</p></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="11"></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td colspan="11">See Schedule B</td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="11"></td>
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="5"></td>
<td></td>
</tr>
</tbody>
</table>

+------+--------------------------+--------+---+-----------+---------+
| ITEM | SUPPLIES/SERVICES        | QU     | U | UNIT      | AMOUNT  |
| NO.  |                          | ANTITY | N | PRICE     |         |
|      | \(b\)                    |        | I |           | \(f\)   |
| \    |                          | \(c\)  | T | \(f\)     |         |
| (a\) |                          |        |   |           |         |
|      |                          |        | \ |           |         |
|      |                          |        | ( |           |         |
|      |                          |        | d |           |         |
|      |                          |        | \ |           |         |
|      |                          |        | ) |           |         |
+------+--------------------------+--------+---+-----------+---------+
|      | JANITORIAL SERVICES:     |        |   |           |         |
|      | Virginia Smith Converter |        |   |           |         |
|      | Station, SIDNEY, NE      |        |   |           |         |
|      |                          |        |   |           |         |
|      | In accordance with the   |        |   |           |         |
|      | Performance Work         |        |   |           |         |
|      | Statement, Attachment A. |        |   |           |         |
|      | Contractor shall submit  |        |   |           |         |
|      | a complete break down of |        |   |           |         |
|      | costs as shown for Base  |        |   |           |         |
|      | Year and each Option     |        |   |           |         |
|      | Year.                    |        |   |           |         |
+------+--------------------------+--------+---+-----------+---------+
| 0001 | BASE YEAR CONTRACT       | 1      | L | X         | \_\_\_\ |
|      | PERIOD: 12/01/04 thru    |        | S | XXXXXXXXX | _\_\_\_ |
|      | 11/30/05                 |        |   |           | \_\_\_\ |
|      |                          |        |   |           | _\_\_\_ |
|      | Twice Weekly Service:    |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 12 MO = \$             |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Once per Month Service:  |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 12 EA = \$             |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Quarterly Service:       |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 4 EA = \$              |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Semi-Annual Service:     |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 2 EA = \$              |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | TOTAL FOR BASE YEAR: \$  |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
+------+--------------------------+--------+---+-----------+---------+
| 0002 | OPTION YEAR-1 CONTRACT   | 1      | L | X         | \_\_\_\ |
|      | PERIOD: 12/01/05 thru    |        | S | XXXXXXXXX | _\_\_\_ |
|      | 11/30/06                 |        |   |           | \_\_\_\ |
|      |                          |        |   |           | _\_\_\_ |
|      | Twice Weekly Service:    |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 12 MO = \$             |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Once per Month Service:  |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 12 EA = \$             |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Quarterly Service:       |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 4 EA = \$              |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Semi-Annual Service:     |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 2 EA = \$              |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | TOTAL FOR OPT YEAR-1: \$ |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
+------+--------------------------+--------+---+-----------+---------+
| 0003 | OPTION YEAR-2 CONTRACT   | 1      | L | X         | \_\_\_\ |
|      | PERIOD: 12/01/06 thru    |        | S | XXXXXXXXX | _\_\_\_ |
|      | 11/30/07                 |        |   |           | \_\_\_\ |
|      |                          |        |   |           | _\_\_\_ |
|      | Twice Weekly Service:    |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 12 MO = \$             |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Once per Month Service:  |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 12 EA = \$             |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Quarterly Service:       |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 4 EA = \$              |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Semi-Annual Service:     |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 2 EA = \$              |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | TOTAL FOR OPT YEAR-2: \$ |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
+------+--------------------------+--------+---+-----------+---------+
| 0004 | OPTION YEAR-3 CONTRACT   | 1      | L | X         | \_\_\_\ |
|      | PERIOD: 12/01/07 thru    |        | S | XXXXXXXXX | _\_\_\_ |
|      | 11/30/08                 |        |   |           | \_\_\_\ |
|      |                          |        |   |           | _\_\_\_ |
|      | Twice Weekly Service:    |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 12 MO = \$             |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Once per Month Service:  |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 12 EA = \$             |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Quarterly Service:       |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 4 EA = \$              |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Semi-Annual Service:     |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 2 EA = \$              |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | TOTAL FOR OPT YEAR-3: \$ |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
+------+--------------------------+--------+---+-----------+---------+
| 0005 | OPTION YEAR-4 CONTRACT   | 1      | L | X         | \_\_\_\ |
|      | PERIOD: 12/01/08 thru    |        | S | XXXXXXXXX | _\_\_\_ |
|      | 11/30/09                 |        |   |           | \_\_\_\ |
|      |                          |        |   |           | _\_\_\_ |
|      | Twice Weekly Service:    |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 12 MO = \$             |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Once per Month Service:  |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 12 EA = \$             |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Quarterly Service:       |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 4 EA = \$              |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | Semi-Annual Service:     |        |   |           |         |
|      |                          |        |   |           |         |
|      | \$\_\_\_\_\_\_\_\_\_\_\_ |        |   |           |         |
|      | X 2 EA = \$              |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
|      |                          |        |   |           |         |
|      | TOTAL FOR OPT YEAR-4: \$ |        |   |           |         |
|      | \_\_\_\_\_\_\_\_\_\_\_   |        |   |           |         |
+------+--------------------------+--------+---+-----------+---------+

## **1. 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2003)**

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

\(1\) Within a reasonable time after the defect was discovered or should
have been discovered; and

\(2\) Before any substantial change occurs in the condition of the item,
unless the change is due to the defect in the item.

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

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

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

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

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

\(g\) *Invoice*.

> \(1\) The Contractor shall submit an original invoice and three copies
> (or electronic invoice, if authorized) to the address designated in
> the contract to receive invoices. An invoice must include-
>
> \(i\) Name and address of the Contractor;
>
> \(ii\) Invoice date and number;
>
> \(iii\) Contract number, contract line item number and, if applicable,
> the order number;
>
> \(iv\) Description, quantity, unit of measure, unit price and extended
> price of the items delivered;
>
> \(v\) Shipping number and date of shipment, including the bill of
> lading number and weight of shipment if shipped on Government bill of
> lading;
>
> \(vi\) Terms of any discount for prompt payment offered;
>
> \(vii\) Name and address of official to whom payment is to be sent;
>
> \(viii\) Name, title, and phone number of person to notify in event of
> defective invoice; and
>
> \(ix\) Taxpayer Identification Number (TIN). The Contractor shall
> include its TIN on the invoice only if required elsewhere in this
> contract.
>
> \(x\) Electronic funds transfer (EFT) banking information.
>
> \(A\) The Contractor shall include EFT banking information on the
> invoice only if required elsewhere in this contract.
>
> \(B\) If EFT banking information is not required to be on the invoice,
> in order for the invoice to be a proper invoice, the Contractor shall
> have submitted correct EFT banking information in accordance with the
> applicable solicitation provision, contract clause (*e.g.*, 52.232-33,
> Payment by Electronic Funds Transfer-Central Contractor Registration,
> or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central
> Contractor Registration), or applicable agency procedures.
>
> \(C\) EFT banking information is not required if the Government waived
> the requirement to pay by EFT.
>
> \(2\) Invoices will be handled in accordance with the Prompt Payment
> Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt
> payment regulations at 5 CFR part 1315.

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

\(i\) *Payment*. Payment shall be made for items accepted by the
Government that have been delivered to the delivery destinations set
forth in this contract. The Government will make payment in accordance
with the Prompt Payment Act (31 U.S.C. 3903) and OMB prompt payment
regulations at 5 CFR part 1315. In connection with any discount offered
for early payment, time shall be computed from the date of the invoice.
For the purpose of computing the discount earned, payment shall be
considered to have been made on the date which appears on the payment
check or the specified payment date if an electronic funds transfer
payment is made.

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

\(1\) Delivery of the supplies to a carrier, if transportation is f.o.b.
origin; or

> \(2\) Delivery of the supplies to the Government at the destination
> specified in the contract, if transportation is f.o.b. destination.

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

\(l\) *Termination for the Government\'s convenience*. The Government
reserves the right to terminate this contract, or any part hereof, for
its sole convenience. In the event of such termination, the Contractor
shall immediately stop all work hereunder and shall immediately cause
any and all of its suppliers and subcontractors to cease work. Subject
to the terms of this contract, the Contractor shall be paid a percentage
of the contract price reflecting the percentage of the work performed
prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using
its standard record keeping system, have resulted from the termination.
The Contractor shall not be required to comply with the cost accounting
standards or contract cost principles for this purpose. This paragraph
does not give the Government any right to audit the Contractor\'s
records. The Contractor shall not be paid for any work performed or
costs incurred which reasonably could have been avoided.

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

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

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

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

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

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

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

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

> \(2\) The Assignments, Disputes, Payments, Invoice, Other Compliances,
> and Compliance with Laws Unique to Government Contracts paragraphs of
> this clause.

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

> \(4\) Addenda to this solicitation or contract, including any license
> agreements for computer software.

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

\(6\) Other paragraphs of this clause.

\(7\) The Standard Form 1449.

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

\(9\) The specification.

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

> \(1\) Unless exempted by an addendum to this contract, the Contractor
> is responsible during performance and through final payment of any
> contract for the accuracy and completeness of the data within the CCR
> database, and for any liability resulting from the Government\'s
> reliance on inaccurate or incomplete data. To remain registered in the
> CCR database after the initial registration, the Contractor is
> required to review and update on an annual basis from the date of
> initial registration or subsequent updates its information in the CCR
> database to ensure it is current, accurate and complete. Updating
> information in the CCR does not alter the terms and conditions of this
> contract and is not a substitute for a properly executed contractual
> document.
>
> (2)(i) If a Contractor has legally changed its business name, \"doing
> business as\" name, or division name (whichever is shown on the
> contract), or has transferred the assets used in performing the
> contract, but has not completed the necessary requirements regarding
> novation and change-of-name agreements in FAR Subpart 42.12, the
> Contractor shall provide the responsible Contracting Officer a minimum
> of one business day\'s written notification of its intention to (A)
> change the name in the CCR database; (B) comply with the requirements
> of Subpart 42.12; and (C) agree in writing to the timeline and
> procedures specified by the responsible Contracting Officer. The
> Contractor must provide with the notification sufficient documentation
> to support the legally changed name.
>
> \(ii\) If the Contractor fails to comply with the requirements of
> paragraph (t)(2)(i) of this clause, or fails to perform the agreement
> at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a
> properly executed novation or change-of-name agreement, the CCR
> information that shows the Contractor to be other than the Contractor
> indicated in the contract will be considered to be incorrect
> information within the meaning of the \"Suspension of Payment\"
> paragraph of the electronic funds transfer (EFT) clause of this
> contract.
>
> \(3\) The Contractor shall not change the name or address for EFT
> payments or manual payments, as appropriate, in the CCR record to
> reflect an assignee for the purpose of assignment of claims (see
> Subpart 32.8, Assignment of Claims). Assignees shall be separately
> registered in the CCR database. Information provided to the
> Contractor\'s CCR record that indicates payments, including those made
> by EFT, to an ultimate recipient other than that Contractor will be
> considered to be incorrect information within the meaning of the
> \"Suspension of payment\" paragraph of the EFT clause of this
> contract.
>
> \(4\) Offerors and Contractors may obtain information on registration
> and annual confirmation requirements via the internet at
> *http://www.ccr.gov* or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

**2. 52.212-5 Contract Terms and Conditions Required to Implement
Statutes or Executive Orders Commercial Items (Oct 2004)**

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

\(1\) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

\(2\) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)
(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:

**XX** (1) 52.203-6, Restrictions on Subcontractor Sales to the
Government (Jul 1995),

with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

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

\_\_ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns

(Jan 1999) (if the offeror elects to waive the preference, it shall so
indicate in its offer)

(15 U.S.C. 657a).

\_\_ (4)(i)  52.219-5, Very Small Business Set-Aside (June 2003)

(Pub. L. 103-403, section 304, Small Business Reauthorization and
Amendments Act of 1994).

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

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

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

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

\_\_ (iii) Alternate II (Mar 2004) of 52.219-6.

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

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

\_\_ (iii) Alternate II (Mar 2004) of 52.219-7.

**XX** (7) 52.219-8, Utilization of Small Business Concerns (May 2004)
(15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

\_\_ (10)(i)  52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (June 2003) (Pub. L. 103-355, section
7102, and 10 U.S.C. 2323)

(if the offeror elects to waive the adjustment, it shall so indicate in
its offer).

\_\_ (ii) Alternate I (June 2003) of 52.219-23.

\_\_ (11) 52.219-25, Small Disadvantaged Business Participation
Program-Disadvantaged Status and

Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C.
2323).

\_\_ (12) 52.219-26, Small Disadvantaged Business Participation
Program-Incentive Subcontracting

(Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

\_\_ (13) 52.219-27, Notice of Total Service-Disabled Veteran-Owned
Small Business Set-Aside

(May 2004).

\_\_ (14) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

\_\_ (15) 52.222-19, Child Labor-Cooperation with Authorities and
Remedies (June 2004) (E.O. 13126).

**XX** (16) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

**XX** (17) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

**XX** (18) 52.222-35, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era,

and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212).

**XX** (19) 52.222-36, Affirmative Action for Workers with Disabilities
(Jun 1998) (29 U.S.C. 793).

**XX** (20) 52.222-37, Employment Reports on Special Disabled Veterans,
Veterans of the Vietnam Era,

and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212).

\_\_ (21)(i)  52.223-9, Estimate of Percentage of Recovered Material
Content for EPA-Designated Products

(Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

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

\_\_ (22) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C.
10a-10d).

\_\_ (23)(i)  52.225-3, Buy American Act-Free Trade Agreements-Israeli
Trade Act (Oct 2004)

(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L.
108-77, 108-78).

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

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

\_\_ (24) 52.225-5, Trade Agreements (Oct 2004) (19 U.S.C. 2501, *et
seq*., 19 U.S.C. 3301 note).

\_\_ (25) 52.225-13, Restrictions on Certain Foreign Purchases (Dec
2003) (E.o.s, proclamations,

> and statutes administered by the Office of Foreign Assets Control of
> the Department of the Treasury).

\_\_ (26) 52.225-15, Sanctioned European Union Country End Products (Feb
2000) (E.O. 12849).

**XX** (27) 52.225-16, Sanctioned European Union Country Services (Feb
2000) (E.O. 12849).

\_\_ (28) 52.232-29, Terms for Financing of Purchases of Commercial
Items (Feb 2002)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

\_\_ (29) 52.232-30, Installment Payments for Commercial Items (Oct
1995)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

**XX** (30) 52.232-33, Payment by Electronic Funds Transfer-Central
Contractor Registration

(Oct 2003) (31 U.S.C. 3332).

\_\_ (31) 52.232-34, Payment by Electronic Funds Transfer-Other than
Central Contractor Registration

(May 1999) (31 U.S.C. 3332).

\_\_ (32) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

\_\_ (33) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.
552a).

\_\_ (34)(i)   52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (Apr 2003)

(46 U.S.C. Appx 1241 and 10 U.S.C. 2631).

\_\_ (ii) Alternate I (Apr 2003) of 52.247-64.

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

**XX** (1) 52.222-41, Service Contract Act of 1965, as Amended (May
1989) (41 U.S.C. 351, *et seq*.).

**XX** (2) 52.222-42, Statement of Equivalent Rates for Federal Hires
(May 1989)

(29 U.S.C. 206 and 41 U.S.C. 351, *et seq*.).

**XX** (3) 52.222-43, Fair Labor Standards Act and Service Contract
Act-Price Adjustment

(Multiple Year and Option Contracts) (May 1989) (29 U.S.C. 206 and 41
U.S.C. 351, *et seq*.).

**XX** (4) 52.222-44, Fair Labor Standards Act and Service Contract
Act-Price Adjustment (Feb 2002)

(29 U.S.C. 206 and 41 U.S.C. 351, *et seq*.).

\_\_ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to
Successor Contract Pursuant

to Predecessor Contractor Collective Bargaining Agreements (CBA) (May
1989)

> (41 U.S.C. 351, *et seq*.).

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

> \(1\) The Comptroller General of the United States, or an authorized
> representative of the Comptroller General, shall have access to and
> right to examine any of the Contractor\'s directly pertinent records
> involving transactions related to this contract.
>
> \(2\) The Contractor shall make available at its offices at all
> reasonable times the records, materials, and other evidence for
> examination, audit, or reproduction, until 3 years after final payment
> under this contract or for any shorter period specified in FAR Subpart
> 4.7, Contractor Records Retention, of the other clauses of this
> contract. If this contract is completely or partially terminated, the
> records relating to the work terminated shall be made available for 3
> years after any resulting final termination settlement. Records
> relating to appeals under the disputes clause or to litigation or the
> settlement of claims arising under or relating to this contract shall
> be made available until such appeals, litigation, or claims are
> finally resolved.
>
> \(3\) As used in this clause, records include books, documents,
> accounting procedures and practices, and other data, regardless of
> type and regardless of form. This does not require the Contractor to
> create or maintain any record that the Contractor does not maintain in
> the ordinary course of business or pursuant to a provision of law.

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

> \(i\) 52.219-8, Utilization of Small Business Concerns (May 2004) (15
> U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further
> subcontracting opportunities. If the subcontract (except subcontracts
> to small business concerns) exceeds \$500,000 (\$1,000,000 for
> construction of any public facility), the subcontractor must include
> 52.219-8 in lower tier subcontracts that offer subcontracting
> opportunities.

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

> \(iii\) 52.222-35, Equal Opportunity for Special Disabled Veterans,
> Veterans of the Vietnam Era, and

Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212).

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

\(v\) 52.222-41, Service Contract Act of 1965, as Amended (May 1989),
flow down required for all

subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351,
*et seq*.).

\(vi\) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Apr 2003)

(46 U.S.C. Appx 1241 and 10 U.S.C. 2631). Flow down required in
accordance with paragraph

> \(d\) of FAR clause 52.247-64.

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

(End of clause)

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

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

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

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

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

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

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

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

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

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

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

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

> \(i\) If located within the United States, by calling Dun and
> Bradstreet at 1-866-705-5711 or via the Internet at
> [[http://www.dnb.com]{.underline}](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 name.

\(ii\) 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;
>
> \(C\) 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]{.underline}](http://www.ccr.gov/) or by calling
1-888-227-2423, or 269-961-5757.

(End of Clause)

## 

## **4. 52.217-8 Option to Extend Services** **(Nov 1999)**

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. These rates may
be adjusted only as a result of revisions to prevailing labor rates
provided by the Secretary of Labor. 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 15 days
prior to expiration of the contract.

(End of clause)

## **5. 52.217-9 Option to Extend the Term of the Contract (Mar 2000)**

\(a\) The Government may extend the term of this contract by written
notice to the Contractor within the term of the contract; provided that
the Government gives the Contractor a preliminary written notice of its
intent to extend at least 30 days before the contract expires. The
preliminary notice does not commit the Government to an extension.

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

\(c\) The total duration of this contract, including the exercise of any
options under this clause, shall not exceed 5 years and 6 months.

(End of clause)

## **6. 52.228-5 Insurance-Work on a Government Installation (Jan 1997)**

\(a\) The Contractor shall, at its own expense, provide and maintain
during the entire performance of this contract, at least the kinds and
minimum amounts of insurance required in the Schedule or elsewhere in
the contract.

\(b\) Before commencing work under this contract, the Contractor shall
notify the Contracting Officer in writing that the required insurance
has been obtained. The policies evidencing required insurance shall
contain an endorsement to the effect that any cancellation or any
material change adversely affecting the Government\'s interest shall not
be effective-

\(1\) For such period as the laws of the State in which this contract is
to be performed prescribe; or

> \(2\) Until 30 days after the insurer or the Contractor gives written
> notice to the Contracting Officer, whichever period is longer.

\(c\) The Contractor shall insert the substance of this clause,
including this paragraph (c), in subcontracts under this contract that
require work on a Government installation and shall require
subcontractors to provide and maintain the insurance required in the
Schedule or elsewhere in the contract. The Contractor shall maintain a
copy of all subcontractors\' proofs of required insurance, and shall
make copies available to the Contracting Officer upon request.

(End of clause)

## 

## **7. 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)**

The Contractor shall use reasonable care to avoid damaging existing
buildings, equipment, and vegetation on the Government installation. If
the Contractor\'s failure to use reasonable care causes damage to any of
this property, the Contractor shall replace or repair the damage at no
expense to the Government as the Contracting Officer directs. If the
Contractor fails or refuses to make such repair or replacement, the
Contractor shall be liable for the cost, which may be deducted from the
contract price.

(End of clause)

**8. LG.0000-0010 Appointment of Contracting Officer's Representative
(COR) and Alternate COR (WAPA Jan 1996)**

The following duties have been assigned to **Mr. Ernie Schmidt**, who is
appointed COR, and to N/A, who is appointed Alternate COR.

The COR and Alternate COR shall prepare Memorandums for Record (MFR) of
all meetings, trips, and telephone conversations relating to this
contract. Each MFR, other similar records, and all correspondence
relating to the contract shall cite the contract number.

The COR and Alternate COR duties are as follows:

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

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

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

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

required by the contract.

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

\(5\) Issue technical directions.

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

> \(1\) Notify the CO and the appropriate budget personnel immediately
> of any indication that the cost to the Government for completing
> performance under the contract will exceed the amount stated in the
> contract, or of any indication that costs are being incurred which are
> not appropriately chargeable to the contract.
>
> \(2\) Review and concur on payment vouchers regarding the percent of
> technical completion for items or services accepted under the contract
> (in accordance with contract provisions or local procedures, as
> appropriate).
>
> \(3\) Review and concur with the final payment voucher; i.e., the
> items or services accepted under the contract in accordance with
> contract provisions or local procedures, as appropriate.
>
> \(4\) Notify the CO immediately of the contractor\'s failure (1) to
> provide or deliver any required supplies, equipment, or services
> (including submission of plans or drawings) or (2) to make progress on
> construction contracts consistent with agreed upon progress schedules.
>
> \(5\) Review contractor requests for training and travel and approve
> or disapprove, as appropriate. Monitor travel and training expenses
> submitted by the contractor.

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

> \(1\) As requested by the CO, review and comment on the contractor\'s
> request for Government-furnished facilities, supplies, materials, and
> equipment and forward the request to the CO for disposition.
>
> \(2\) As requested by the CO, review and comment on the contractor\'s
> request for consent to purchase of supplies, materials, and equipment
> and forward the request to the CO for disposition.

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

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

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

> \(1\) Negotiate terms or make any agreements or commitments with the
> contractor which modify the contract provisions or the scope of work.
>
> \(2\) Direct, redirect, or assign work outside the scope of work or
> take any action which would constitute a change as defined in the
> \"changes\" clause.
>
> \(3\) Cause an increase or decrease in the total contract price,
> estimated cost, the fixed fee (if any), or the time required for
> contract performance.

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

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

(End of Clause)

**9. LH.0000-0022 Security Processing For Support Service Contractor and
Subcontractor Personnel Working on a Western Area Power Administration
Site (WAPA Jan 2003)**

A. Security Investigation Requirements.

> \(1\) U. S. Citizens Working on a Western Area Power Administration
> (Western) Site.
>
> To be eligible to work under this Support Service Contract on the
> premises of a Western site (on-site), all employees (contract and
> subcontract) proposed to work for a period of 180 days or more must
> undergo a security check or investigation. An OPM-approved
> Investigative Services Contractor will conduct all security checks or
> investigations. If proposed employees will work on-site for less than
> 180 days, no security check or investigation is required unless the
> proposed employee is a non-U.S. Citizen.
>
> The Contracting Officer, Contracting Officer\'s Representative (COR)
> and appropriate Western Security Manager will determine the level of
> security check or investigation required for each contract position.
> The level of security check or investigation will be based on the
> sensitivity of the work to be performed; the sensitivity of the
> facility upon or in which the work is to be performed and whether the
> work is performed during or outside of normal work hours.
>
> The Government will pay all costs to conduct security checks and
> investigations.

\(2\) Foreign Nationals (Non-U.S. Citizens).

> Regardless of anticipated length of on-site work, all foreign
> nationals employed under this contract must:
>
> \(a\) Have legal visa status with the Immigration and Naturalization
> Service (INS);
>
> \(b\) Have advance approval from Western\'s Corporate Security Manager
> in consultation with the DOE Headquarters Office of Security.

B. Submittal Requirements - U.S. Citizens

\(1\) Low Risk Positions

> Low risk positions may include those with duties, which may require
> employees to have limited access to business sensitive information on
> an occasional basis, such as; personnel information; limited access to
> databases and systems; financial information/records; and privacy
> information, or with limited access to non-critical facilities during
> and outside normal working hours. These positions have the potential
> for limited impact on the integrity and efficiency of the agency.
>
> a\. Investigation Requirements:
>
> Employees in designated low risk positions proposed to work on-site
> are required to have a National Agency Check and Inquiries (NACI). The
> scope of the investigation includes the following:
>
> Employment/Self-employment/Unemployment Coverage (5year Inquiry);
> Education (5 years highest degree-Inquiry); Residence (3
> years-Inquiry); Reference Contacts (Inquiry); Law Enforcement Checks
> (5 years-Inquiry); and National Agency Checks to include, access to
> previous Federal investigations of OPM\'s Security/ Suitability
> Investigations Index (SII); Defense Clearance and Investigations Index
> (DCII); FBI name check; FBI National Criminal History Fingerprint
> Check; Credit Search of National Credit Bureaus, Military Personnel
> Record Search; and Citizenship Verification.
>
> b\. Forms Requirement
>
> The Contracting Officer or COR will provide the forms indicated below
> to the contractor for completion by all employees (including
> subcontract employees) in low risk positions proposed to work under
> this contract.

-Form FD-258 Fingerprint Chart.

> -National Agency Check and Inquiries (NACI) submit Standard Forms
> 86/85P/85.

\(2\) Moderate Risk Positions.

> Moderate risk positions may include those with duties, which may
> require employees to have access to business sensitive information on
> a regular basis, such as: detailed personnel information;
> administrative access to databases and systems; operational
> information; financial information and records, and privacy
> information, or with access to non-critical facilities during and
> outside normal working hours.
>
> a\. Investigation Requirements.
>
> Employees in designated moderate risk positions proposed to work
> on-site are required to have a Minimum Background Investigation (MBI).
> The scope of the investigation will include the following: Person
> Subject Interview; Employment/Self/employment/ Unemployment Coverage
> (5years Inquiry); Education (5 years, Highest Degree-Inquiry);
> Education (5 years, Highest Degree-Inquiry); Residence (3
> years-Inquiry); Reference Contacts (Inquiry); Law Enforcement Checks
> (5 years-Inquiry and/or Record); and National Agency Checks to include
> access to previous Federal investigations of OPM\'s
> Security/Suitability Investigations Index (SII); Defense Clearance and
> Investigations Index (DCII); FBI name check; FBI National Criminal
> History Fingerprint Check; Credit Search of National Credit Bureaus,
> Military Personnel Record Search; and Citizenship Verification.
>
> b\. Form Requirements.
>
> The Contracting Officer or COR will provide the forms indicated below
> to the contractor for completion by all employees (including
> subcontract employees) in moderate risk positions proposed to work
> under this contract.

-Form FD-258 Fingerprint Chart.

> -Minimum Background Investigation (MBI) submit Standard Forms 86/85P.

\(3\) High Risk Positions.

> High Risk Positions include those with duties, which may require the
> employee to have access and control of business sensitive information
> on a daily basis, such as: detailed financial records/systems, budget
> information, accounting information, legal information, detailed
> personnel information, administrative access to databases, systems and
> networks; operational information; privacy information, etc., or which
> require access to critical facilities during and outside normal
> working hours.
>
> a\. Investigation Requirements.
>
> Employees in designated high risk position proposed to work on-site
> are required to have a Background Investigation (BI). The scope of the
> investigations includes the following: Personal Subject Interview;
> Employment/Self-employment/Unemployment coverage (5 years); Education
> (2 years/verification of degree); Residence (3 years); Reference
> Contacts; Law Enforcement Checks (5 years); and National Agency Checks
> to include access to previous Federal investigations of OPM\'s
> Security/Suitability Investigations Index (SII); Defense Clearance and
> Investigations Index (DCII); FBI name check; FBI National Criminal
> History Fingerprint Check; Credit Search of National Credit Bureaus,
> Military Personnel Record Search; and Citizenship Verification.
>
> b\. Form Requirements.
>
> The Contracting Officer or COR will provide the forms indicated below
> to the contractor for completion by all employees (including
> subcontract employees) in high risk positions.
>
> -FD-258 Fingerprint Chart.
>
> -Background Investigations (BI) submit Standard Forms 86/85P.

C. Submittal Requirements - Foreign Nationals (Non U.S. Citizens).

All foreign nationals proposed to work on a Western site will be subject
to a Special Agreement Check (SAC) to determine whether the foreign
national has official legal status in the United States.

The Contracting Officer or COR will provide the forms indicated below to
the contractor for completion by all foreign national employees
(including subcontract employees) proposed to work on a Western site.

> -FD-258 (Fingerprint Charts).
>
> -Form OFI 86C (Special Agreement Check).

D. Processing of Security Checks and Investigations.

The Contractor must have required employees (contract and subcontract)
complete the applicable forms within ten (10) working days after offer
and acceptance of employment. Upon completion of the forms the
contractor will submit the completed package to the Contracting Officer
who will forward to OPM.

Upon completion of the security check or investigation, the OPM-approved
Investigative Services Contractor will submit an approved/disapproved
security report to the applicable Western Security Manager with a copy
of the transmittal letter to the Contracting Officer for the contract
file.

Security checks and investigations are required every five (5) years for
high risk positions and every six (6) years for low to moderate risk
positions, or if the applicable Western Security Manager has cause to
request another investigation.

Employment may commence prior to completion of the security checks or
investigations, however, employment will be subject to receipt of
approved security reports, or if disapproved, subject to the discretion
of the applicable Security Manager and Contracting Officer.

E. Notification of Disqualifying Information.

If the applicable Western Security Manager receives disqualifying
information on a contract employee, the Contractor, upon notification of
such by the Contracting Officer, must immediately remove the employee
from duty. Individuals may be barred from working on the premises of a
Western site for any of the following reasons:

1\. Conviction of a felony or a crime of violence or of a misdemeanor
involving moral turpitude.

> 2\. Falsification of information entered on security forms or of other
> documents submitted in relation to employment at a Western site.
>
> 3\. Improper conduct once performing on the contract, including
> criminal, infamous, dishonest, immoral, or notoriously disgraceful
> conduct or other conduct prejudicial to the Government regardless of
> whether the conduct directly related to the contract.

4\. Any behavior judged to pose a potential threat to Western personnel
or property.

F. General Information:

Under no circumstances shall the completed security check or
investigation be released to anyone by the Contracting Officer or COR.
When the security check or investigation document is no longer required
by the Contracting Officer, COR, or applicable Western Security Manager,
it shall be destroyed by shredding.

Failure of the contractor to comply with the requirements may result in
termination of this contract. Compliance with these requirements shall
not be construed as providing a contract employee clearance to have
access to sensitive information.

(End of Clause)

**10. LH.0000-0027 Required Insurance (WAPA Dec 1999)**

\(a\) The Contractor shall procure and maintain during the entire period
of his performance under this contract the following minimum insurance:

\(1\) Workman\'s Compensation Insurance, in accordance with the laws of
the state where contract performance occurs; Occupational Disease
Coverage; and Employees Liability Coverage.

\(2\) Comprehensive General and Automobile Liability Insurance
(including contractual) with the following minimum coverage:

**(i) GENERAL LIABILITY**

**(A) Bodily Injury \$500,000 per occurrence.**

**(B) Property Damage \$500,000 each accident; \$1,000,000 in the
aggregate.**

**(ii) AUTOMOBILE INSURANCE**

**(A) Bodily Injury, \$200,000 per person; \$500,000 per occurrence.**

**(B) Property Damage, \$50,000 per occurrence.**

\(b\) These policies shall have appropriate language waiving all
subrogation rights against the Government, unless otherwise approved by
the Contracting Officer.

\(c\) Prior to the commencement of work under this contract, the
Contractor shall furnish a certificate or written statement of the
above-required insurance to the Contracting Officer. The policies shall
contain an endorsement to the effect that cancellation or any material
change in the insurance policies that adversely affect the interests of
the Government in such insurance shall not be effective for such period
as may be prescribed by the laws of the State in which this contract is
to be performed and in no event less than thirty (30) days after written
notification is provided to the Contracting Officer.

\(d\) The contractor agrees to insert the substance of this clause,
including this paragraph (d), into any subcontracts issued under this
contract.

(End of Clause)

## **11. 52.212-1 Instructions to Offerors-Commercial Items** **(Jan 2004)**

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

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

\(1\) The solicitation number;

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

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

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

\(5\) Terms of any express warranty;

\(6\) Price and any discount terms;

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

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

\(9\) Acknowledgment of Solicitation Amendments;

> \(10\) **Past performance information, when included as an evaluation
> factor, to include recent and relevant contracts for the same or
> similar items and other references (including contract numbers, points
> of contact with telephone numbers and other relevant information)**;
> and
>
> \(11\) If the offer is not submitted on the SF 1449, include a
> statement specifying the extent of agreement with all terms,
> conditions, and provisions included in the solicitation. Offers that
> fail to furnish required representations or information, or reject the
> terms and conditions of the solicitation may be excluded from
> consideration.

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

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

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

\(f\) *Late submissions, modifications, revisions, and withdrawals of
offers.*

> \(1\) Offerors are responsible for submitting offers, and any
> modifications, revisions, or withdrawals, so as to reach the
> Government office designated in the solicitation by the time specified
> in the solicitation. If no time is specified in the solicitation, the
> time for receipt is 4:30 p.m., local time, for the designated
> Government office on the date that offers or revisions are due.
>
> (2)(i) Any offer, modification, revision, or withdrawal of an offer
> received at the Government office designated in the solicitation after
> the exact time specified for receipt of offers is \"late\" and will
> not be considered unless it is received before award is made, the
> Contracting Officer determines that accepting the late offer would not
> unduly delay the acquisition; and-
>
> \(A\) If it was transmitted through an electronic commerce method
> authorized by the solicitation, it was received at the initial point
> of entry to the Government infrastructure not later than 5:00 p.m. one
> working day prior to the date specified for receipt of offers; or
>
> \(B\) There is acceptable evidence to establish that it was received
> at the Government installation designated for receipt of offers and
> was under the Government\'s control prior to the time set for receipt
> of offers; or
>
> \(C\) If this solicitation is a request for proposals, it was the only
> proposal received.
>
> (2)(ii) However, a late modification of an otherwise successful offer,
> that makes its terms more favorable to the Government, will be
> considered at any time it is received and may be accepted.
>
> \(3\) Acceptable evidence to establish the time of receipt at the
> Government installation includes the time/date stamp of that
> installation on the offer wrapper, other documentary evidence of
> receipt maintained by the installation, or oral testimony or
> statements of Government personnel.
>
> \(4\) If an emergency or unanticipated event interrupts normal
> Government processes so that offers cannot be received at the
> Government office designated for receipt of offers by the exact time
> specified in the solicitation, and urgent Government requirements
> preclude amendment of the solicitation or other notice of an extension
> of the closing date, the time specified for receipt of offers will be
> deemed to be extended to the same time of day specified in the
> solicitation on the first work day on which normal Government
> processes resume.
>
> \(5\) Offers may be withdrawn by written notice received at any time
> before the exact time set for receipt of offers. Oral offers in
> response to oral solicitations may be withdrawn orally. If the
> solicitation authorizes facsimile offers, offers may be withdrawn via
> facsimile received at any time before the exact time set for receipt
> of offers, subject to the conditions specified in the solicitation
> concerning facsimile offers. An offer may be withdrawn in person by an
> offeror or its authorized representative if, before the exact time set
> for receipt of offers, the identity of the person requesting
> withdrawal is established and the person signs a receipt for the
> offer.

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

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

\(i\) *Availability of requirements documents cited in the
solicitation*. 

> (1)(i) The GSA Index of Federal Specifications, Standards and
> Commercial Item Descriptions, FPMR Part 101-29, and copies of
> specifications, standards, and commercial item descriptions cited in
> this solicitation may be obtained for a fee by submitting a request
> to-
>
> GSA Federal Supply Service
>
> Specifications Section\
> Suite 8100\
> 470 East L\'Enfant Plaza, SW\
> Washington, DC 20407
>
> Telephone (202) 619-8925\
> Facsimile (202) 619-8978.
>
> (1)(ii) If the General Services Administration, Department of
> Agriculture, or Department of Veterans Affairs issued this
> solicitation, a single copy of specifications, standards, and
> commercial item descriptions cited in this solicitation may be
> obtained free of charge by submitting a request to the addressee in
> paragraph (i)(1)(i) of this provision. Additional copies will be
> issued for a fee.
>
> \(2\) The DoD Index of Specifications and Standards (DoDISS) and
> documents listed in it may be obtained from the-
>
> Department of Defense Single Stock Point (DoDSSP)\
> Building 4, Section D\
> 700 Robbins Avenue\
> Philadelphia, PA 19111-5094
>
> Telephone (215) 697-2667/2179\
> Facsimile (215) 697-1462.

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

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

> \(A\) By telephone at (215) 697-2667/2179; or
>
> \(B\) Through the DoDSSP Internet site at *http://dodssp.daps.mil*.
>
> \(3\) Nongovernment (voluntary) standards must be obtained from the
> organization responsible for their preparation, publication, or
> maintenance.

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

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

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

> \(1\) The agency\'s evaluation of the significant weak or deficient
> factors in the debriefed offeror\'s offer.
>
> \(2\) The overall evaluated cost or price and technical rating of the
> successful and the debriefed offeror and past performance information
> on the debriefed offeror.
>
> \(3\) The overall ranking of all offerors, when any ranking was
> developed by the agency during source selection.

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

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

(End of provision)

**12. 52.212-2 Evaluation\--Commercial Items (Jan 1999)**

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

Price and Past Performance

Technical and past performance, when combined, are N/A.

\(b\) Options. The Government will evaluate offers for award purposes by
adding the total price for all options to the total price for the basic
requirement. The Government may determine that an offer is unacceptable
if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).

\(c\) A written notice of award or acceptance of an offer, mailed or
otherwise furnished to the successful offeror within the time for
acceptance specified in the offer, shall result in a binding contract
without further action by either party. Before the offer\'s specified
expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless
a written notice of withdrawal is received before award.

(End of provision)

**13. 52.212-3 Offeror Representations and Certifications \-- Commercial
Items (May 2004)**

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

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

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

> \(1\) Exacted from any person under the age of 18 under the menace of
> any penalty for its nonperformance and for which the worker does not
> offer himself voluntarily; or
>
> \(2\) Performed by any person under the age of 18 pursuant to a
> contract the enforcement of which can be accomplished by process or
> penalties.

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

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

> \(i\) Not less than 51 percent of which is owned by one or more
> service-disabled veterans or, in the case of any publicly owned
> business, not less than 51 percent of the stock of which is owned by
> one or more service-disabled veterans; and
>
> \(ii\) The management and daily business operations of which are
> controlled by one or more service-disabled veterans or, in the case of
> a 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), with a disability that is service-connected, as defined
> in 38 U.S.C. 101(16).

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

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

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

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

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

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

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

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

> \(1\) All offerors must submit the information required in paragraphs
> (b)(3) through (b)(5) of this provision to comply with debt collection
> requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements
> of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations
> issued by the Internal Revenue Service (IRS).
>
> \(2\) The TIN may be used by the government to collect and report on
> any delinquent amounts arising out of the offeror's relationship with
> the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
> subject to the payment reporting requirements described in FAR 4.904,
> the TIN provided hereunder may be matched with IRS records to verify
> the accuracy of the offeror's TIN.\]

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

> \_\_\_\_TIN:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\
> \
> \_\_\_\_TIN has been applied for.\
> \
> \_\_\_\_ TIN is not required because:
>
> ***\_\_\_\_*** Offeror is a nonresident alien, foreign corporation, or
> foreign partnership that does not have income effectively connected
> with the conduct of a trade or business in the United States and does
> not have an office or place of business or a fiscal paying agent in
> the United States;

*\_\_\_\_* Offeror is an agency or instrumentality of a foreign
government;

\_\_\_\_ Offeror is an agency or instrumentality of the Federal
Government;

\(4\) *Type of organization.*

\_\_\_\_ Sole proprietorship;

\_\_\_\_ Partnership;

\_\_\_\_ Corporate entity (not tax-exempt);

\_\_\_\_ Corporate entity (tax-exempt);

\_\_\_\_ Government entity (Federal, State, or local);

\_\_\_\_ Foreign government;

\_\_\_\_ International organization per 26 CFR 1.6049-4;

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

\(5\) *Common parent*.

\_\_\_\_ Offeror is not owned or controlled by a common parent:

\_\_\_\_ Name and TIN of common parent:

Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TIN
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

> \(1\) *Small business concern*. The offeror represents as part of its
> offer that it \_\_\_\_ is, \_\_\_\_ is not a small business concern.
>
> \(2\) *Veteran-owned small business concern.* \[*Complete only if the
> offeror represented itself as a small business concern in paragraph
> (c)(1) of this provision.*\] The offeror represents as part of its
> offer that it \_\_\_\_ is, \_\_\_\_ is not a veteran-owned small
> business concern.
>
> \(3\) *Service-disabled veteran-owned small business concern.*
> \[*Complete only if the offeror represented itself as a veteran-owned
> small business concern in paragraph (c)(2) of this provision.*\] The
> offeror represents as part of its offer that it \_\_\_\_ is, \_\_\_\_
> is not a service-disabled veteran-owned small business concern.
>
> \(4\) *Small disadvantaged business concern*. \[*Complete only if the
> offeror represented itself as a small business concern in paragraph
> (c)(1) of this provision.*\] The offeror represents, for general
> statistical purposes, that it \_\_\_\_ is, \_\_\_\_ is not, a small
> disadvantaged business concern as defined in 13 CFR 124.1002.
>
> \(5\) *Women-owned small business concern*. \[*Complete only if the
> offeror represented itself as a small business concern in paragraph
> (c)(1) of this provision.*\] The offeror represents that it \_\_\_\_
> is, \_\_\_\_ is not a women-owned small business concern.

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

> \(6\) *Women-owned business concern (other than small business
> concern)*. \[*Complete only if the offeror is a women-owned business
> concern and did not represent itself as a small business concern in
> paragraph (c)(1) of this provision*.\]. The offeror represents that it
> \_\_\_\_ is, a women-owned business concern.
>
> \(7\) *Tie bid priority for labor surplus area concerns.* If this is
> an invitation for bid, small business offerors may identify the labor
> surplus areas in which costs to be incurred on account of
> manufacturing or production (by offeror or first-tier subcontractors)
> amount to more than 50 percent of the contract
> price:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \(8\) Small Business Size for the Small Business Competitiveness
> Demonstration Program and for the Targeted Industry Categories under
> the Small Business Competitiveness Demonstration Program. *\[Complete
> only if the offeror has represented itself to be a small business
> concern under the size standards for this solicitation.\]*

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

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

> \(A\) Offeror's number of employees for the past 12 months (check the
> Employees column if size standard stated in the solicitation is
> expressed in terms of number of employees); or
>
> \(B\) Offeror's average annual gross revenue for the last 3 fiscal
> years (check the Average Annual Gross Number of Revenues column if
> size standard stated in the solicitation is expressed in terms of
> annual receipts).

*(Check one of the following):*

  ----------------------------------- -----------------------------------
  **[Number of                        **[Average Annual Gross
  Employees]{.underline}**            Revenues]{.underline}**

  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
  ----------------------------------- -----------------------------------

> \(9\) \[*Complete only if the solicitation contains the clause at FAR
> 52.219-23, Notice of Price Evaluation Adjustment for Small
> Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged
> Business Participation Program---Disadvantaged Status and Reporting,
> and the offeror desires a benefit based on its disadvantaged
> status.*\]

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

> \(A\) It \_\_\_\_ is, \_\_\_\_ is not certified by the Small Business
> Administration as a small disadvantaged business concern and
> identified, on the date of this representation, as a certified small
> disadvantaged business concern in the database maintained by the Small
> Business Administration (PRO-Net), and that no material change in
> disadvantaged ownership and control has occurred since its
> certification, and, where the concern is owned by one or more
> individuals claiming disadvantaged status, the net worth of each
> individual upon whom the certification is based does not exceed
> \$750,000 after taking into account the applicable exclusions set
> forth at 13 CFR 124.104(c)(2); or
>
> \(B\) It \_\_\_\_has, \_\_\_\_ has not submitted a completed
> application to the Small Business Administration or a Private
> Certifier to be certified as a small disadvantaged business concern in
> accordance with 13 CFR 124, Subpart B, and a decision on that
> application is pending, and that no material change in disadvantaged
> ownership and control has occurred since its application was
> submitted.

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

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

> \(i\) It \_\_\_\_ is, \_\_\_\_ is not a HUBZone small business concern
> listed, on the date of this representation, on the List of Qualified
> HUBZone Small Business Concerns maintained by the Small Business
> Administration, and no material change in ownership and control,
> principal office, or HUBZone employee percentage has occurred since it
> was certified by the Small Business Administration in accordance with
> 13 CFR part 126; and
>
> \(ii\) It \_\_\_\_ is, \_\_\_\_ not a joint venture that complies with
> the requirements of 13 CFR part 126, and the representation in
> paragraph (c)(10)(i) of this provision is accurate for the HUBZone
> small business concern or concerns that are participating in the joint
> venture. \[*The offeror shall enter the name or names of the HUBZone
> small business concern or concerns that are participating in the joint
> venture*: \_\_\_\_\_\_\_\_\_\_.\] Each HUBZone small business concern
> participating in the joint venture shall submit a separate signed copy
> of the HUBZone representation.

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

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

> \(i\) It \_\_\_\_ has, \_\_\_\_ has not, participated in a previous
> contract or subcontract subject to the Equal Opportunity clause of
> this solicitation; and
>
> \(ii\) It \_\_\_\_ has, \_\_\_\_ has not, filed all required
> compliance reports.

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

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

\(e\) *Certification Regarding Payments to Influence Federal
Transactions (31 U.S.C. 1352).* (Applies only if the contract is
expected to exceed \$100,000.) By submission of its offer, the offeror
certifies to the best of its knowledge and belief that no Federal
appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress on his or her behalf in connection with
the award of any resultant contract.

\(f\) *Buy American Act Certificate.* (Applies only if the clause at
Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --
Supplies, is included in this solicitation.)

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

\(2\) Foreign End Products:

  ---------------------------------- ------------------------------------
  LINE ITEM NO.                      COUNTRY OF ORIGIN

                                      

                                      

                                      
  ---------------------------------- ------------------------------------

\[*List as necessary*\]

> \(3\) The Government will evaluate offers in accordance with the
> policies and procedures of FAR Part 25.

(g)(1) *Buy American Act \-- Free Trade Agreements \-- Israeli Trade Act
Certificate*. (Applies only if the clause at FAR 52.225-3, 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 "component," "domestic end product," "end
> product," "foreign 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 FTA
> country end products or Israeli end products as defined in the clause
> of this solicitation entitled "Buy American Act---Free Trade
> Agreements---Israeli Trade Act":

FTA Country or Israeli End Products:

  ----------------------------------- -----------------------------------
  LINE ITEM NO.                       COUNTRY OF ORIGIN

                                       

                                       

                                       
  ----------------------------------- -----------------------------------

\[*List as necessary*\]

> \(iii\) The offeror shall list those supplies that are foreign end
> products (other than those listed in paragraph (g)(1)(ii) or 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.

\(2\) *Buy American Act---Free Trade Agreements---Israeli Trade Act
Certificate, Alternate I (Jan 2004)*. If Alternate I to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are
Canadian end products as defined in the clause of this solicitation
entitled "Buy American Act---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 (Jan 2004).* If Alternate II to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are
Canadian end products or Israeli end products as defined in the clause
of this solicitation entitled \`\`Buy American Act\--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, Trade Agreements, is included in this solicitation.)

> \(i\) The offeror certifies that each end product, except those listed
> in paragraph (g)(4)(ii) of this provision, is a U.S.-made, designated
> country, Caribbean Basin country, or FTA country end product, as
> defined in the clause of this solicitation entitled "Trade
> Agreements."
>
> \(ii\) The offeror shall list as other end products those end products
> that are not U.S.-made, designated country, Caribbean Basin country,
> or FTA country end products.

Other End Products

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

                                       

                                       

                                       
  ----------------------------------- -----------------------------------

\[*List as necessary*\]

> \(iii\) The Government will evaluate offers in accordance with the
> policies and procedures of FAR Part 25. For line items subject to the
> Trade Agreements Act, the Government will evaluate offers of
> U.S.-made, designated country, Caribbean Basin country, or FTA country
> end products without regard to the restrictions of the Buy American
> Act. The Government will consider for award only offers of U.S.-made,
> designated country, Caribbean Basin country, or FTA country end
> products unless the Contracting Officer determines that there are no
> offers for such products or that the offers for such products are
> insufficient to fulfill the requirements of the solicitation.

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

> \(1\) \_\_\_\_ Are, \_\_\_\_ are not presently debarred, suspended,
> proposed for debarment, or declared ineligible for the award of
> contracts by any Federal agency; and
>
> \(2\) \_\_\_\_ Have, \_\_\_\_ have not, within a three-year period
> preceding this offer, been convicted of or had a civil judgment
> rendered against them for: commission of fraud or a criminal offense
> in connection with obtaining, attempting to obtain, or performing a
> Federal, state or local government contract or subcontract; violation
> of Federal or state antitrust statutes relating to the submission of
> offers; or commission of embezzlement, theft, forgery, bribery,
> falsification or destruction of records, making false statements, tax
> evasion, or receiving stolen property; and
>
> \(3\) \_\_\_\_ Are, \_\_\_\_ are not presently indicted for, or
> otherwise criminally or civilly charged by a Government entity with,
> commission of any of these offenses.

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

\(1\) Listed End Product

  ----------------------------------- -----------------------------------
  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 is has made a good faith effort to determine whether
> forced or indentured child labor was used to mine, produce, or
> manufacture any such end product furnished under this contract. On the
> basis of those efforts, the offeror certifies that it is not aware of
> any such use of child labor. (End of Provision)

## 

## 

## **14. 52.237-1 Site Visit (Apr 1984)**

Offerors or quoters are urged and expected to inspect the site where
services are to be performed and to satisfy themselves regarding all
general and local conditions that may affect the cost of contract
performance, to the extent that the information is reasonably
obtainable. In no event shall failure to inspect the site constitute
grounds for a claim after contract award.

> (End of provision)

**15. LH.0000-0071 Electronic Submission of Documents Via the DOE IIPS
System**

**(WAPA Nov 2002)**

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

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

\(b\) Required file formats: All electronic files must be submitted in
one or more of the following Microsoft Office 97 (or newer) for Windows
file formats (e.g., .doc, .xls, .mdb, .ppt); portable document format
(.pdf); or in the following graphic file formats (.gif or .jpg). Use
whichever format

is most appropriate for the type of document involved. Engineering
drawings, if any, must be in AutoCAD, PDF, or in one of the acceptable
graphic file formats. NOTE: if there are an inordinately large number of
drawings, or if the file sizes are prohibitively large for efficient

electronic transmission, contact the Contracting Officer before the
proposal due date for further instructions.

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

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

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

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

be considered the official, \'controlling\' version of the document.

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

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

(End of Provision)

**16. LH.0000-0078 Lobbying Restriction (Energy and Water Development
Appropriations Act, 2004 (WAPA Mar 2004)**

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

> (End of Provision)

**17. LH.0000-0079 Notice Regarding The Purchase of American-Made
Equipment and Products---**

**Sense of Congress (WAPA Mar 2004)**

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

(End of Provision)

**ATTACHMENT A**

**PERFORMANCE WORK STATEMENT**

**JANITORIAL SERVICES**

FOR THE

**ROCKY MOUNTAIN REGION**

**Virginia Smith Converter Station**

December 2004

1.  **GENERAL INSTRUCTIONS**

    1.  **SCOPE OF WORK**

> The Contractor shall furnish all labor, tools, supplies, equipment,
> and supervision necessary to perform janitorial services detailed in
> this Performance Work Statement (PWS) for the Rocky Mountain Region
> (RMR)
>
> **Virginia Smith Converter Station, 2281 Road 111, Sidney, NE 69162.**

2.  **SERVICE REQUIREMENTS**

> The Virginia Smith Converter Station is a manned substation with
> normal work hours 06:30 am through 5:00pm, Monday through Thursday
> except holidays. The janitorial work will be performed within this
> time frame as agreed upon by the COR (Contracting Officer's
> representative) and the contractor. VSCS is a secure facility and
> access to the facility will be only while agency personnel are on
> site. No keys will be issued for contractor access.
>
> Schedule for performance of weekly, monthly, quarterly and semi-annual
> services will be discussed with and agreed upon by the COR and the
> Contractor during the performance meeting described in paragraph 1.21
> below.
>
> Weekly services shall be performed twice weekly any time during
> business hours 06:30 am through 5:00 pm, Monday through Thursday.

3.  **GOVERNMENT PERSONNEL**

> The Contracting Officer is the individual executing this contract on
> behalf of the Government and is responsible for the overall
> administration of the contract. He/she is the only person authorized
> to make any changes in the prices, terms or other conditions of the
> contract.
>
> The Converter Tech Foreman is designated as the Contracting Officer's
> Representative (COR). The COR is responsible for giving the Contractor
> any special instructions or guidance necessary to complete the work;
> however, he/she has no authority to alter the terms and/or conditions
> of the contract. The COR is Mr. Ernest Schmidt and can be reached at
> 308-254-3046, Monday through Thursday, 6:30 am through 5:00 pm.

4.  **CONTRACTOR PERSONNEL**

> For security reasons, at the start of this contract the contractor
> will provide a list of names, addresses and phone numbers of personal
> that will be assigned to this contract. The contractor shall have a
> competent on‑site representative authorized to act on behalf of the
> contractor, available to the COR to receive instructions or
> information regarding work under the contract. Billable hours for this
> on-site representative are not authorized unless he/she is a working
> supervisor. The on-site representative must be able to fluently speak
> and understand English. The on-site representative shall provide a
> phone number where he/she can be contacted 24 hours per day 7 days a
> week.
>
> The contractor shall furnish adequate supervision at the premises to
> ensure that work is performed in a satisfactory manner. It is the
> responsibility of the contractor to maintain close surveillance over
> personnel employed to perform work on the contract.
>
> The contractor shall provide the COR with the names of all personnel
> performing work on this contract and shall advise the COR immediately
> of any changes in personnel. "Immediately" for the purpose of this
> notification shall mean: The beginning of the next regular business
> day for the COR.

No person(s) other than those designated in writing to the COR shall be
permitted in this facility. The Contractor is responsible for his or her
employees' adherence to this requirement.

5.  **CONDUCT OF CONTRACTOR EMPLOYEES**

> The Contractor and his or her employees are subject to all rules and
> regulations relative to entering, occupying, and leaving Government
> facilities, such as, but not limited to:

(a) Telephones shall be used for official Government business only. The
    fire department, police department, sheriff's office, rescue
    personnel, WAPA dispatch office, or the COR may be summoned by use
    of the telephones on the premises.

(b) Papers on or in desks, drawers, or file cabinets shall not be
    removed from the facility.

(c) Equipment in disrepair, such as leaky faucets, clogged sinks,
    toilets, drains, etc shall be reported to the COR immediately.

(d) **Personnel not employed by the Contractor, and/or not designated to
    work at this facility shall not be permitted on the premises.**

(e) Personnel shall be physically able to do their assigned work and
    shall be free from any communicable disease.

(f) The Contractor and/or its employees shall report any security
    problems to the COR as soon as possible after discovery. Security
    problems include, but are not limited to, doors left unlocked by
    Government employees, windows left open or unlocked, broken windows,
    etc.

(g) In the event of an apparent break-in or burglary, the Contractor
    shall notify the COR immediately. "Immediately" [for the purpose of
    this section only]{.underline}, shall mean: As soon as the situation
    is discovered. If the COR cannot be reached, the WAPA Dispatch
    Office shall be immediately notified. *THE WAPA DISPATCH NUMBER WILL
    BE PROVIDED TO THE CONTRACTOR AFTER AWARD DURING THE PERFORMANCE
    MEETING OUTLINED IN PARAGRAPH 1.21.*

(h) The Contractor's employee(s) assigned to this contract shall be
    aware of the emergency phone numbers for the organizations at the
    end of this contract. The Contractor shall obtain these numbers for
    his employee(s) and shall make certain that his employees know them
    or know where to locate them. The Contractor shall post these
    numbers in the utility storage closets.

(i) Employees shall perform their duties in such a way that there will
    be no interruption to, or interference with, the normal operation of
    Government business on the premises.

    1.  **CONTRACTOR FURNISHED EQUIPMENT AND PROPERTY**

> The Contractor shall determine and furnish all equipment required for
> the performance of work under this contract. All equipment will comply
> with applicable OSHA guidelines, and shall be in good operating
> condition. The Contractor will operate the equipment in accordance
> with the original manufacturer's recommendations.
>
> Equipment shall include but is not limited to, buffing, polishing, and
> scrubbing machines for use on floors and walls, vacuum cleaners, wet
> and dry lift and necessary attachments, ladders, buckets, mops,
> cloths, brushes, squeegees, brooms, bulk waste receptacles, rolling
> trash bins, etc.
>
> Equipment used shall be in good operating condition. Electrical
> appliances shall be equipped with grounded type male plugs of the most
> suitable grade for the purpose intended.

2.  **CONTRACTOR FURNISHED SUPPLIES AND MATERIALS**

> The Contractor shall furnish all cleaning supplies and materials
> necessary for the performance of work under this contract. Materials
> include but are not limited to cleaners, dust rags, tile cleaner,
> polishes, and wax. The aforementioned materials shall be priced into
> the cost of the weekly, monthly, quarterly and semi-annual services as
> applicable. (Note: Consumable supplies discussed below shall not be
> priced into the cost of services).
>
> All materials left on site shall have:

(a) Legible markings on containers that designate what the product is

(b) Legible Material Safety Data Sheet (MSDS) in a folder, in the
    storage closet(s) where the product is stored (see paragraph 1.10
    below).

    1.  **GOVERNMENT FURNISHED MATERIAL, PROPERTY AND SUPPLIES**

> The Government will furnish:

(a) Refuse dumpsters outside of buildings and recycling containers

(b) Use of janitor closets for storage of supplies

(c) The Government shall furnish the following consumable supplies,
    trash can liners (for offices and bathrooms), bathroom toilet
    tissue, liquid soap, and paper (hand) towels.

    1.  **UTILITIES**

> Electrical power will be furnished by the Government at existing power
> outlets for the operation of equipment as is necessary to perform
> building maintenance. Hot and Cold water will also be made available
> to the Contractor as necessary for the performance of the work.

2.  **STORAGE**

> Space will be assigned to the Contractor by the COR for storage of
> bulk supplies and the equipment which will be used in the performance
> of the work. MSDS will be maintained in a folder as described in
> paragraph 1.7 above. All cleaning supplies that are flammable will be
> stored in flammable material storage facilities supplied by the
> Government and approved by the COR.
>
> The Government will not be responsible for damage and/or loss to the
> Contractor's stored supplies, materials, equipment, or the personal
> belongings of the Contractor's employees occasioned by fire, theft,
> accident, or otherwise.
>
> Failure to keep any of the storage facilities described above in a
> clean and orderly condition, satisfactory to the COR, may result in
> the withdrawal of the privilege of using them.

3.  **WORK SCHEDULE**

> Within 10 calendar days after contract award, the contractor shall
> submit to the COR, a complete work schedule for approval.

4.  **LOST AND FOUND**

> The contractor shall turn in all articles found on Western Area Power
> Administration property to the COR.

5.  **HAZARDS**

> This facility for which janitorial services are to be provided include
> a Control room, pump room, battery room, communications room, and
> power distribution room where control panels, electrical devices, and
> sensitive electronic devices are present. Some of this equipment is
> very sensitive to dust, dirt, water, and mechanical damage. Care must
> be taken when working near this equipment. The COR will explain where
> special care must be taken.

6.  **DAMAGE TO PROPERTY**

> The Contractor is liable for damage to both Government and private
> property in performance of this contract where the damage is the fault
> of the Contractor or caused by operations, as determined by the COR.

7.  **INTERFERENCE WITH BUSINESS**

> The Government may undertake or award other contracts for additional
> work, and the Contractor shall fully cooperate with such other
> contractors and Government employees and carefully schedule its own
> work to such additional work as may be directed by the COR. The
> Contractor shall not commit or permit any act that will interfere with
> the performance of work by any other contractor or by Government
> employees.
>
> The services under this contract shall be performed in such a way that
> there will be no interruption to or interference with the normal
> operation of Government business on the premises. Persons employed by
> the contractor shall, while on the premises, comply with all
> applicable regulations.

8.  **LAWS, ORDINANCES AND REGULATIONS**

> The Contractor shall comply with all laws, ordinances, and regulations
> and shall obtain and pay for all necessary permits and licenses.

9.  **OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REGULATIONS**

> The contractor shall comply with the latest effective standards
> promulgated by the Department of Labor, Occupational Safety and Health
> Administration, Safety and Health Standards, 29 CFR 1910 and 29 CFR
> 1925.
>
> The Contractor shall take all reasonable precautions in the
> performance of the work under this contract to protect the safety and
> health of employees and of members of the public and shall comply with
> all applicable safety and health regulations and requirements,
> including Department of Energy and Western requirements.
>
> The Contractor shall maintain an accurate record of, and shall report
> to the COR, all cases of death, occupational disease, or traumatic
> injury to employees of the public and any property damage as a result
> of performance under this contract.

10. **COMBUSTIBLE MATERIALS**

> Rags, mops, brushes, waxes, and other combustible materials used which
> contain a residue of animal, vegetable, or mineral oils are subject to
> spontaneous ignition and shall be removed from the premises
> immediately after the services (that day) are performed. They may not
> be disposed of in Western's indoor or outdoor refuse containers.

11. **ATTIRE**

> The Contractor shall provide protective equipment or clothing such as
> appropriate protective gloves and eyewear as necessary for employees
> performing tasks under this contract. All janitorial employees will,
> at all times, be properly attired. The proper attire shall be left up
> to the Contractor.

12. **PAYMENT**

> Payment for weekly and monthly services will be made on a monthly
> basis, after acceptable completion of such services and submission of
> a proper invoice in accordance with the Payment clause of the
> contract. The Contractor shall submit the monthly invoice to the
> **address on front of the resulting purchase order, to the Attention:
> J8005** at the end of each month.
>
> Payment for quarterly and semi-annual services will be made after
> acceptable completion of such services and submission of invoice in
> accordance with the Payment clause in the contract. The Contractor
> shall submit the invoice for quarterly and for semi-annual services to
> the **address on front of the resulting purchase order, to the
> Attention: J8005,** after acceptable completion of such services.
>
> Deductions may be made from the monthly payment or from the
> quarterly/semi-annual service payment in accordance with the quality
> provisions in this work statement.

13. **PERFORMANCE MEETING**

> The ***Contractor shall contact the COR*** to schedule a meeting upon
> notification of award of this contract. The purpose of the meeting is
> to review this Performance Work Statement and Checklist **(Attachment
> A1)**, provide communication and understanding between both parties
> and determine specific dates and times for the weekly, monthly,
> quarterly and semi-annual services. These dates and times will be
> determined and agreed upon between the COR and the Contractor at the
> performance meeting described herein.

2.  **DESCRIPTION OF WORK TO BE PERFORMED**

    1.  **GENERAL**

> Janitorial services as described below are required for the Western
> Area Power Administration, Virginia Smith Converter Station, 2281 Road
> 111, Sidney, NE 69162. Areas and surfaces shall receive the cleaning,
> care, and treatment specified for each at the frequency designated
> below. The Contractor is required to maintain a checklist of duties
> (**See Attachment A1**) and shall leave a completed copy of the form
> on the desk of the COR each time services are completed. The
> Contractor's employees performing the work shall sign and date the
> form prior to leaving the building.

2.  **WEEKLY SERVICES FOR VIRGINIA SMITH CONVERTER STATION.**

The following services shall be performed twice a week:

(a) Dust and polish: desks, pictures, file cabinets, hand rails, tables,
    and book case tops.

(b) Empty wastebaskets and replace liners.

(c) Clean and damp mop all tiles and painted floor areas.

(d) Rest rooms: clean fixtures, waste receptacles, clean and damp mop
    floors.

(e) Rest rooms: replenish toilet paper, hand towels, and fill soap
    containers.

(f) Remove fingerprints and soil from interior doors, interior windows
    in doors, handles, light switches, and mirrors.

(g) Clean drinking fountains, clean sink in rooms 103 and 203.

(h) Dust tops of all control cabinets; do not spray water or chemicals
    into cabinets.

(i) Remove dust accumulations and cobwebs from walls, corners, etc.

    1.  **MONTHLY SERVICES FOR VSCS**

The term "monthly" means once each month, on the day of the first
service of the month, beginning with the first day of service on the
contract. The following services shall be performed monthly:

(a) Damp wipe window sills, moving and replacing objects as needed.

(b) Dust all light fixtures and remove dead insects, etc. from lenses
    (diffusers).

(c) Clean restroom walls.

    1.  **QUARTERLY SERVICES FOR VSCS JANUARY-APRIL-JULY-OCTOBER**

> Clean all windows inside, and all windows in doors throughout the
> building.

2.  **SEMI-ANNUAL SERVICES FOR VSCS**

Stripped wax from floors, apply new wax and buff all floors.

3.  **QUALITY ASSURANCE**

    1.  **PERFORMANCE STANDARD**

> The objective of these services is to provide clean facilities and a
> healthy environment for employees. The Contractor shall ensure that
> the building presents an overall appearance of cleanliness. The
> definition of clean is to remove dirt, water streaks, gum, grease, tar
> or any other extraneous matter from all surfaces or objects in order
> to present an overall appearance of cleanliness. The Contractor shall
> ensure that the facilities are sanitized and kept free from
> accumulations of dust. The Contractor shall furnish all necessary
> labor, supervision, equipment and supplies to adequately maintain the
> facilities at an acceptable level of cleanliness that is consistent
> with comparable industry standards. Hasty and careless performance
> shall not be accepted. Such practices are evidenced by dirt in
> corners, mop splashes on baseboards, dust accumulations and buildup on
> floors.

2.  **QUALITY ASSURANCE AND ASSESSMENT**

> The COR will monitor all work to ensure compliance with the
> Contractor's quality assurance plan and that the Contractor's
> performance meets contract specifications. The Government may use
> various methods to monitor performance such as random inspections,
> customer complaints, etc.
>
> When deficiencies are observed (substandard performance or tasks not
> performed according to specified frequency, etc.), the COR will
> immediately notify the Contractor to review the deficiency and ensure
> the Contractor has an understanding of the deficiency. The COR shall
> document all deficiencies, and provide written documentation to the
> Contractor. The preferred method to resolve deficiencies is to allow
> re-performance to correct the deficiencies. **The Contractor shall be
> provided with the opportunity to correct any deficiencies within 24
> hours of telephone notification from the COR.**
>
> In the event the deficiencies are not corrected in 24 hours from
> notification, the Government may have the work accomplished by other
> means and deduct the cost thereof from the associated invoice payment
> or deduct 10% of the invoice payment, whichever is greater. Repeated
> deficiencies will be reported to the Contracting Officer for action in
> accordance with clause 52.212-4(m), Termination for Cause.

<table>
<colgroup>
<col style="width: 41%" />
<col style="width: 12%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="10"><strong>PURCHASE ORDER DE-AF65-05WJXXXXX</strong></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td><strong>DATE</strong></td>
<td><strong>DATE</strong></td>
<td><strong>DATE</strong></td>
<td><strong>DATE</strong></td>
<td><strong>DATE</strong></td>
<td><strong>DATE</strong></td>
<td><strong>DATE</strong></td>
<td><strong>DATE</strong></td>
</tr>
<tr class="odd">
<td colspan="2"><em><strong>TWICE EACH WEEK</strong></em></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">(a) Dust and polish: desks, pictures, file cabinets,
hand rails, tables, and book case tops.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">(b) Empty wastebaskets and replace liners.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">(c) Clean and damp mop all tiles and painted floor
areas.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">(d) Rest rooms: clean fixtures, waste receptacles, clean
and damp mop floors.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">(e) Rest rooms: replenish toilet paper, hand towels, and
fill soap containers.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">(f) Remove fingerprints and soil from interior doors,
interior windows in doors, handles, light switches, and mirrors.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">(g) Clean drinking fountains, clean sink in rooms 103
and 203.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">(h) Dust tops of all control cabinets; do not spray
water or chemicals into cabinets.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">(i) Remove dust accumulations and cobwebs from walls,
corners, etc.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><em><strong>ONCE EACH MONTH</strong></em></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">(a) Damp wipe window sills, moving and replacing objects
as needed.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">(b) Dust all light fixtures and remove dead insects,
etc., from lenses (diffusers).</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">(c) Clean restroom walls.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><em><strong>QUARTERLY: January 2005—April 2005—July
2005—October 2005</strong></em></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">(a) Clean all windows inside, and all windows in doors
throughout the building.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><em><strong>SEMI-ANNUALLY: March 2005—September
2005</strong></em></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">(a) Strip wax from floors, apply new wax and buff all
floors.</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><p><strong>CLEANING PERSON’S SIGNATURE: INDICATING WORK
WAS COMPLETED </strong></p>
<p><em><strong>IF YOU SIGN IT – IT MEANS YOU ARE <u>DOCUMENTING</u> THAT
YOU DID THE WORK.</strong></em></p></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>COR SIGNATURE indicating “Approved for
payment”</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>Signed:</td>
<td>Date:</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>