SEE BILLS OF QUANTITIES -- (BOQ) IN THE

USAID/KENYA PUBLIC WEBSITE

www.usaidkenya.org/ke.buproc/BOQ_JubaRenovationServices.htm

Table of Contents Page

SECTION B - CONTINUATION BLOCK [4](#CL_SECTBPART12_PH000004)

SECTION C - CONTRACT CLAUSES [5](#CL_SECTCPART12_PH000002)

C.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
[5](#CL_BRSECTC_PH000003)

C.2 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS\--\
COMMERCIAL ITEMS [5](#CL_522124HEADER_PH000003)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
[5](#CL_522522_PH000003)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO\
IMPLEMENT STATUTES OR EXECUTIVE ORDERS\--COMMERCIAL\
ITEMS (JUL 2005) [5](#CL_522125_PH000002)

C.5 52.211-6 BRAND NAME OR EQUAL (AUG 1999). [9](#CL_522116_PH000003)

C.6 52.217-7 OPTION FOR INCREASED QUANTITY\--SEPARATELY\
PRICED LINE ITEM (MAR 1989) [10](#CL_522177_PH000003)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
[11](#CL_SECTDPART12_PH000002)

SECTION E - SOLICITATION PROVISIONS [12](#CL_SECTEPART12_PH000002)

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
[12](#CL_BRSECTE_PH000003)

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS\--\
COMMERCIAL ITEMS [12](#CL_522121HEADER_PH000003)

E.3 52.212-2 EVALUATION\--COMMERCIAL ITEMS (JAN 1999)
[12](#CL_522122_PH000003)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS\--\
COMMERCIAL ITEMS (MAR 2005) [12](#CL_522123_PH000003)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY\
REFERENCE (FEB 1998) [21](#CL_522521_PH000003)

#  

#  SECTION B - CONTINUATION BLOCK --

# 

# 

# 

# 

# 

# 

# 

# 

# 

# 

# 

# 

# INTENTIONALLY LEFT BLANK

[]{#CL_SECTBPART12_PH000004 .anchor}

#  SECTION C - CONTRACT CLAUSES

[]{#CL_SECTCPART12_PH000002 .anchor}

##  C.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

[]{#CL_BRSECTC_PH000003 .anchor}

The following contract clauses pertinent to this section are hereby
incorporated by reference (by Citation Number, Title, and Date) in
accordance with the clause at FAR \"52.252-2 CLAUSES INCORPORATED BY
REFERENCE\" in Section I of this contract. See FAR 52.252-2 for an
internet address (if specified) for electronic access to the full text
of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

##  C.2 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS\-- COMMERCIAL ITEMS

[]{#CL_522124HEADER_PH000003 .anchor}

Clauses that are incorporated by reference (by Citation Number, Title,
and Date), have the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text
available.

The following clauses are incorporated into 52.212-4 as an addendum to
this contract:

##  C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

[]{#CL_522522_PH000003 .anchor}

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

http://arnet.gov/far/

52.233-4 Applicable Law for Breach of Contract OCT 2004

Claim

##  C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS\--COMMERCIAL ITEMS (JUL 2005)

[]{#CL_522125_PH000002 .anchor}

\(a\) 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: \[Contracting
Officer check as appropriate.\]

\[\] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government
(JUL 1995), with Alternate I (OCT 1995)(41 U.S.C. 253g and 10 U.S.C.
2402).

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

\[\] (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (JUL 2005) (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.

\[\] (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.

\[\] (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.

\[\] (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 (JUL 2005) (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.

\[\] (iii) Alternate II (OCT 1998) 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 (JUN 2004) (E.O. 13126).

\[\] (16) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

\[\] (17) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246).

\[\] (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).

\[\] (19) 52.222-36, Affirmative Action for Workers with Disabilities
(JUN 1998) (29 U.S.C. 793).

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

\[\] (22)(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)).

\[\] (23) 52.225-1, Buy American Act\--Supplies (JUNE 2003) (41 U.S.C.
10a-10d).

\[\] (24)(i) 52.225-3, Buy American Act\--Free Trade Agreements\--
Israeli Trade Act (JAN 2005) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19
U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286).

\[\] (ii) Alternate I (JAN 2004) of 52.225-3.

\[\] (iii) Alternate II (JAN 2004) of 52.225-3.

\[\] (25) 52.225-5, Trade Agreements (JAN 2005) (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).

\[\] (26) 52.225-13, Restrictions on Certain Foreign Purchases (MAR
2005) (E.O.s, proclamations, and statutes administered by the Office of
Foreign Assets Control of the Department of the Treasury).

\[\] (27) 52.225-15, Sanctioned European Union Country End Products (FEB
2000) (E.O. 12849).

\[\] (28) 52.225-16, Sanctioned European Union Country Services (FEB
2000) (E.O. 12849).

\[\] (29) 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)).

\[\] (30) 52.232-30, Installment Payments for Commercial Items (OCT
1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

\[\] (31) 52.232-33, Payment by Electronic Funds Transfer\--Central
Contractor Registration (OCT 2003) (31 U.S.C. 3332).

\[\] (32) 52.232-34, Payment by Electronic Funds Transfer\--Other than
Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

\[\] (33) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

\[\] (34) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C.
552a).

\[\] (35)(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: \[Contracting Officer check as
appropriate.\]

\[\] (1) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005)
(41 U.S.C. 351, et seq.).

\[\] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY
1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

\[\] (3) 52.222-43, Fair Labor Standards Act and Service Contract
Act\--Price Adjustment (Multiple Year and Option Contracts) (MAY 1989)
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

\[\] (4) 52.222-44, Fair Labor Standards Act and Service Contract
Act\--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351,
et seq.).

\[\] (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to
Successor Contract Pursuant to 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 (April 2002) (E.O. 11246).

\(iii\) 52.222-35, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (December 2001)
(38 U.S.C. 4212).

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

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

(vi)52.222-41, Service Contract Act of 1965, as Amended (JUL 2005), flow
down required for all subcontracts subject to the Service Contract Act
of 1965 (41 U.S.C. 351, et seq.).

\(vii\) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (April 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631). Flow down
required in accordance with paragraph (d) of FAR clause 52.247-64.

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

##  C.5 52.211-6 BRAND NAME OR EQUAL (AUG 1999).

[]{#CL_522116_PH000003 .anchor}

\(a\) If an item in this solicitation is identified as \"brand name or
equal,\"the purchase description reflects the characteristics and level
of quality that will satisfy the Government\'s needs. The salient
physical, functional, or performance characteristics that \"equal\"
products must meet are specified in the solicitation.

\(b\) To be considered for award, offers of \"equal\" products,
including \"equal\" products of the brand name manufacturer, must\--

\(1\) Meet the salient physical, functional, or performance
characteristic specified in this solicitation;

\(2\) Clearly identify the item by\--

\(i\) Brand name, if any; and

\(ii\) Make or model number;

\(3\) Include descriptive literature such as illustrations, drawings, or
a clear reference to previously furnished descriptive data or
information available to the Contracting Officer; and

\(4\) Clearly describe any modifications the offeror plans to make in a
product to make it conform to the solicitation requirements. Mark any
descriptive material to clearly show the modifications.

\(c\) The Contracting Officer will evaluate \"equal\" products on the
basis of information furnished by the offeror or identified in the offer
and reasonably available to the Contracting Officer. The Contracting
Officer is not responsible for locating or obtaining any information not
identified in the offer.

\(d\) Unless the offeror clearly indicates in its offer that the product
being offered is an \"equal\" product, the offeror shall provide the
brand name product referenced in the solicitation.

##  C.6 52.217-7 OPTION FOR INCREASED QUANTITY\--SEPARATELY PRICED LINE ITEM (MAR 1989)

[]{#CL_522177_PH000003 .anchor}

The Government may require the delivery of the numbered line item,
identified in the Schedule as an option item, in the quantity and at the
price stated in the Schedule. The Contracting Officer may exercise the
option by written notice to the Contractor within . Delivery of added
items shall continue at the same rate that like items are called for
under the contract, unless the parties otherwise agree.

#  SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

[]{#CL_SECTDPART12_PH000002 .anchor}

#  SECTION E - SOLICITATION PROVISIONS

[]{#CL_SECTEPART12_PH000002 .anchor}

##  E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

[]{#CL_BRSECTE_PH000003 .anchor}

The following contract clauses pertinent to this section are hereby
incorporated by reference (by Citation Number, Title, and Date) in
accordance with the clause at FAR \"52.252-2 CLAUSES INCORPORATED BY
REFERENCE\" in Section I of this contract. See FAR 52.252-2 for an
internet address (if specified) for electronic access to the full text
of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

##  E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS\-- COMMERCIAL ITEMS

[]{#CL_522121HEADER_PH000003 .anchor}

Provisions that are incorporated by reference (by Citation Number,
Title, and Date), have the same force and effect as if they were given
in full text. Upon request, the Contracting Officer will make their full
text available.

The following provisions are incorporated into 52.212-1 as an addendum
to this solicitation:

52.232-31 INVITATION TO PROPOSE FINANCING TERMS OCT 1995

##  E.3 52.212-2 EVALUATION\--COMMERCIAL ITEMS (JAN 1999)

[]{#CL_522122_PH000003 .anchor}

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

Technical and past performance, when combined, are .

\(b\) 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.

##  E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS\-- COMMERCIAL ITEMS (MAR 2005)

[]{#CL_522123_PH000003 .anchor}

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

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

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

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

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

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

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 small business concern means a small business concern\--

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

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

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

\(b\) 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 will be performed in the United States or its
outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

Number of Employees Average Annual Gross Revenues

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

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

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

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

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

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

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

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

\(i\) 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, \[ \] 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 end
products of Australia, Canada, Chile, Mexico, or Singapore, or Israeli
end products as defined in the clause of this solicitation entitled
\"Buy American Act\--Free Trade Agreements\--Israeli Trade Act\":

END PRODUCTS OF AUSTRALIA, CANADA, CHILE, MEXICO, OR SINGAPORE OR
ISRAELI END PRODUCTS:

Line Item No Country of Origin

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

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

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

\[List as necessary\]

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

Other Foreign End Products:

Line Item No Country of Origin

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

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

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

\[List as necessary\]

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

\(2\) 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 end product, as defined in the clause of this solicitation
entitled \"Trade Agreements.\"

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

Other End Products:

Line Item No Country of Origin

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

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

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

\[List as necessary\]

\(iii\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25. For line items covered by the
WTO GPA, the Government will evaluate offers of U.S.-made or designated
country end products without regard to the restrictions of the Buy
American Act. The Government will consider for award only offers of
U.S.-

made or designated country end products unless the Contracting Officer
determines that there are no offers for such products or that the offers
for such products are insufficient to fulfill the requirements of the
solicitation.

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

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

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

\(3\) \[ \] Are, \[ \] are not presently indicted for, or otherwise
criminally or civilly charged by a Government entity with, commission of
any of these offenses.

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

\(1\) Listed end products.

Listed End Product

Listed Countries of Origin

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

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

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

(j)(1) Annual Representations and Certifications. Any changes provided
by the offeror in paragraph (j) of this provision do not automatically
change the representations and certifications posted on the Online
Representations and Certifications Application (ORCA) website. (2) The
offeror has completed the annual representations and certifications
electronically via the ORCA website at http://orca.bpn.gov. After
reviewing the ORCA database information, the offeror verifies by
submission of this offer that the representations and certifications
currently posted electronically at FAR 52.212-3, Offeror Representations
and Certifications\--Commercial Items, have been entered or updated in
the last 12 months, are current, accurate, complete, and applicable to
this solicitation (including the business size standard applicable to
the NAICS code referenced for this solicitation), as of the date of this
offer and are incorporated in this offer by reference (see FAR 4.1201),
except for paragraphs \-\-\-\-\-\-\-\-\-\-\--.

\[Offeror to identify the applicable paragraphs at (b) through (i) of
this provision that the offeror has completed for the purposes of this
solicitation only, if any. These amended representation(s) and/or
certifica-tion(s) are also incorporated in this offer and are current,
accurate, and complete as of the date of this offer. Any changes
provided by the offeror are applicable to this solicitation only, and do
not result in an update to the representations and certifications posted
on ORCA.\]

##  E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

[]{#CL_522521_PH000003 .anchor}

This solicitation incorporates one or more solicitation provisions by
reference, with the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text
available. The offeror is cautioned that the listed provisions may
include blocks that must be completed by the offeror and submitted with
its quotation or offer. In lieu of submitting the full text of those
provisions, the offeror may identify the provision by paragraph
identifier and provide the appropriate information with its quotation or
offer. Also, the full text of a solicitation provision may be accessed
electronically at this/these address(es):

http://arnet.gov/far/