Athens

October 10, 2008

# 

# 

# To: Prospective Quoters

Subject: Request for Quotations number SGR100-09-Q-0025

Enclosed is a Request for Quotations (RFQ) for geotechnical survey. If
you would like to submit a quotation, follow the instructions in Section
3 of the solicitation, complete the required portions of the attached
document, and submit it to the address shown on the Standard Form 1449
that follows this letter.

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

Quotations are due by October 29, 2008 at 12.00 hours (local time).

Sincerely,

Judith M. Johnson

Contracting Officer

Enclosure

<table>
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<col style="width: 3%" />
<col style="width: 1%" />
<col style="width: 9%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="15"><p>SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS</p>
<p>OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, &amp; 30</p></td>
<td colspan="7">1. REQUISITION NUMBER</td>
<td colspan="7">PAGE 1 OF 22</td>
</tr>
<tr class="even">
<td colspan="2"><p>2. CONTRACT NUMBER</p>
<h1 id="section-2"></h1></td>
<td colspan="4">3.AWARD/EFFECTIVE DATE</td>
<td colspan="9">4. ORDER NUMBER</td>
<td colspan="7"><p>5. SOLICITATION NUMBER</p>
<p><strong>SGR100-09-Q-0025</strong></p></td>
<td colspan="7">6. SOLICITATION ISSUE DATE
<strong>10/10/2008</strong></td>
</tr>
<tr class="odd">
<td colspan="2"><p><strong>7. FOR SOLICITATION</strong></p>
<p><strong>INFORMATION CALL:</strong></p></td>
<td colspan="13"><p>a. NAME</p>
<p>Ms. Alexandra E. Kouyentaki</p></td>
<td colspan="7"><p>b. TELEPHONE NUMBER (no collect calls)</p>
<p>210-720-2918</p></td>
<td colspan="7"><p>8. OFFER DUE DATE/</p>
<p>LOCAL TIME</p>
<p><strong>10/29/2008 at 12.00 hours</strong></p></td>
</tr>
<tr class="even">
<td colspan="9">9. ISSUED BY CODE</td>
<td colspan="3"></td>
<td colspan="9">10. THIS ACQUISITION IS</td>
<td colspan="6"><p>11. DELIVERY FOR FOB</p>
<p>DESTINATION UNLESS</p></td>
<td colspan="2">12. DISCOUNT TERMS</td>
</tr>
<tr class="odd">
<td colspan="5">American Embassy -GSO</td>
<td colspan="7"></td>
<td colspan="9"><p>[ x] UNRESTRICTED</p>
<p>[ ] SET ASIDE % FOR</p></td>
<td colspan="6"><p>BLOCK IS MARKED</p>
<p>[ ] SEE SCHEDULE</p></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="12"><p>91 Queen Sophia Avenue</p>
<p>GR 101 60 ATHENS</p></td>
<td colspan="9"><p>[ ] SMALL BUSINESS</p>
<p>[ ] SMALL DISADV BUSINESS</p></td>
<td colspan="8"><p>13a. THIS CONTRACT IS RATED ORDER</p>
<p>UNDER DPAS (15 CFR 700)</p></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="9">[ ] 8(A)</td>
<td colspan="8">13b. RATING</td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="7"></td>
<td colspan="9">SIC:</td>
<td colspan="8">14. METHOD OF SOLICITATION</td>
</tr>
<tr class="odd">
<td colspan="5"></td>
<td colspan="7"></td>
<td colspan="9">SIZE STANDARD:</td>
<td colspan="8">[X ] RFQ [ ] IFB [ ] RFP</td>
</tr>
<tr class="even">
<td colspan="9">15. DELIVER TO CODE</td>
<td colspan="3"></td>
<td colspan="16">16. ADMINISTERED BY CODE</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="17"></td>
</tr>
<tr class="even">
<td colspan="3"><p>17a. CONTRACTOR / CODE</p>
<p>OFFEROR</p></td>
<td></td>
<td colspan="4"><p>FACILITY</p>
<p>CODE</p></td>
<td colspan="4"></td>
<td colspan="16">18a. PAYMENT WILL BE MADE BY CODE</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="17">Electronic Funds Transfer (EFT)</td>
</tr>
<tr class="even">
<td colspan="12">[ ] 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH
ADDRESS IN OFFER</td>
<td colspan="17"><p>18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a.
UNLESS BLOCK BELOW IS CHECKED</p>
<p>[ x] SEE ADDENDUM</p></td>
</tr>
<tr class="odd">
<td><p>19.</p>
<p>ITEM NO.</p></td>
<td colspan="13"><p>20.</p>
<p>SCHEDULE OF SUPPLIES/SERVICES</p></td>
<td colspan="2"><p>21.</p>
<p>QUANTITY</p></td>
<td colspan="4"><p>22.</p>
<p>UNIT</p></td>
<td colspan="4"><p>23.</p>
<p>UNIT PRICE</p></td>
<td colspan="5"><p>24.</p>
<p>AMOUNT</p></td>
</tr>
<tr class="even">
<td></td>
<td colspan="13"><p>Underground Utility Room Geotechnical survey, as per
attached Statement of Work.</p>
<p>(Attach additional Sheets as Necessary)</p></td>
<td colspan="2"></td>
<td colspan="4"></td>
<td colspan="3"></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="20">25. ACCOUNTING AND APPROPRIATION DATA</td>
<td colspan="9">26. TOTAL AWARD AMOUNT (For Govt. Use Only<strong>)
Euros</strong></td>
</tr>
<tr class="even">
<td colspan="29"><p>[x] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR
52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA [x]
ARE [ ] ARE NOT ATTACHED.</p>
<p>[ ] 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR
52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA [ ] ARE [ ]ARE NOT
ATTACHED.</p></td>
</tr>
<tr class="odd">
<td colspan="13">[ ] 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT
AND RETURN __ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS AND CONDITIONS
SPECIFIED HEREIN.</td>
<td colspan="16">[ ] 29. AWARD OF CONTRACT: REFERENCE _____________
OFFER DATED ____________. YOUROFFER ON SOLICITATION (BLOCK 5), INCLUDING
ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO
ITEMS: ___________.</td>
</tr>
<tr class="even">
<td colspan="11">30a. SIGNATURE OF OFFEROR/CONTRACTOR</td>
<td colspan="18">31a. UNITED STATES OF AMERICA (S<em>IGNATURE OF
CONTRACTING OFFICER)</em></td>
</tr>
<tr class="odd">
<td colspan="7"><p>30b. NAME AND TITLE OF SIGNER <em>(TYPE OR
PRINT</em>)</p>
<h2 id="section-3"></h2></td>
<td colspan="4">30c. DATE SIGNED</td>
<td colspan="15">31b. NAME OF CONTRACTING OFFICER (<em>TYPE OR
PRINT</em>)</td>
<td colspan="3">31c. DATE SIGNED</td>
</tr>
<tr class="even">
<td colspan="11"><p>32a. QUANTITY IN COLUMN 21 HAS BEEN</p>
<p>[ ] RECEIVED [ ] INSPECTED [ ] ACCEPTED, AND CONFORMS TO THE</p>
<p>CONTRACT, EXCEPT AS NOTED</p></td>
<td colspan="6">33. SHIP NUMBER</td>
<td colspan="8">34. VOUCHER NUMBER</td>
<td colspan="4">35. AMOUNT VERIFIED CORRECT FOR</td>
</tr>
<tr class="odd">
<td colspan="11"></td>
<td colspan="6">[ ] PARTIAL [ ] FINAL</td>
<td colspan="8"></td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="11"></td>
<td colspan="14">36. PAYMENT</td>
<td colspan="4">37. CHECK NUMBER</td>
</tr>
<tr class="odd">
<td colspan="10">32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE</td>
<td>32c. DATE</td>
<td colspan="14">[ ] COMPLETE [ ] PARTIAL [ ] FINAL</td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="10"></td>
<td></td>
<td colspan="7">38. S/R ACCOUNT NUMBER</td>
<td colspan="7">39. S/R VOUCHER NUMBER</td>
<td colspan="4">40. PAID BY</td>
</tr>
<tr class="odd">
<td colspan="10"></td>
<td></td>
<td colspan="14">42a. RECEIVED BY (<em>Print)</em></td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="11">41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR
PAYMENT</td>
<td colspan="14"></td>
<td colspan="4"></td>
</tr>
<tr class="odd">
<td colspan="10">41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER</td>
<td>41c. DATE</td>
<td colspan="14">42b. RECEIVED AT (<em>Location</em>)</td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="10"></td>
<td></td>
<td colspan="14"></td>
<td colspan="4"></td>
</tr>
<tr class="odd">
<td colspan="10"></td>
<td></td>
<td colspan="8">42c. DATE REC’D (YY/MM/DD)</td>
<td colspan="6">42d. TOTAL CONTAINERS</td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="10"></td>
<td></td>
<td colspan="8"></td>
<td colspan="6"></td>
<td colspan="4"></td>
</tr>
</tbody>
</table>

AUTHORIZED FOR LOCAL REPRODUCTION SF 1449

**TABLE OF CONTENTS**

**Section 1 - The Schedule**

-   SF 1449 cover sheet

-   Continuation To SF-1449, RFQ Number SGR100-09-Q-0025, Prices, Block
    23

-   Continuation To SF-1449, RFQ Number SGR100-09-Q-0025, Schedule Of
    Supplies/Services, Block 20 Description/Specifications/Work
    Statement

-   Attachment 1 to Description/Specifications/Performance Work
    Statement

**Section 2 - Contract Clauses**

-   Contract Clauses

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

**Section 3 - Solicitation Provisions**

-   Solicitation Provisions

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

**Section 4 - Evaluation Factors**

-   Evaluation Factors

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

**Section 5 - Representations and Certifications**

-   Offeror Representations and Certifications

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

**SECTION 1 - THE SCHEDULE**

**CONTINUATION TO SF-1449, RFQ NUMBER SGR100-09-Q-0025**

**PRICES, BLOCK 23**

# I. PERFORMANCE WORK STATEMENT 

The purpose of this firm fixed price purchase order is to perform
Underground Utility room Geotechnical survey for the U.S. Embassy,
Athens, in accordance with Attachment A. The price listed below shall
include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5),
overhead, and profit.

A.  The contract will be for a one-month period from the date of the
    contract award.

## II. PRICING

The Contractor shall provide the services shown in Attachment 1,
Performance Work Statement, at the following total amount:

**Euros \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**CONTINUATION TO SF-1449, RFQ NUMBER \[INSERT NUMBER\]**

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

**DESCRIPTION/SPECIFICATIONS/WORK STATEMENT**

1 SECURITY

1.1 [General.]{.underline} The Government reserves the right to deny
access to U.S.-owned and U.S.-operated facilities to any individual. The
Government will run background checks on all proposed Contractor
employees. **After award, the Contractor has ten (10) calendar days to
provide the names with a clear copy of the ID card or passport on all
Contractor personnel who shall be used on this contract.** **Please
include back-up personnel as well.** For each car/truck that will enter
into the premises the license plate number with a copy of the license is
also required.

1.2 [Identity Cards]{.underline}. The Government may issue identity
cards to Contractor personnel, after they are approved. Contractor
personnel shall display identify card(s) on the uniform at all times
while providing services under this contract. These identity cards are
the property of the Government. The Contractor is responsible for their
return at the end of the contract, when an employee leaves Contractor
service, or at the request of the Government.

2 STANDARDS OF CONDUCT

\(a\) General***.*** The Contractor shall maintain satisfactory
standards of employee competency, conduct, cleanliness, appearance and
integrity and shall be responsible for taking such disciplinary action
with respect to employees as required. Each Contractor employee is
expected to adhere to standards of conduct that reflect credit on
themselves, their employer, and the United States Government***.*** The
Government reserves the right to direct the Contractor to remove an
employee from the worksite for failure to comply with the standards of
conduct***.*** The Contractor shall immediately replace such an employee
to maintain continuity of services at no additional cost to the
Government.

\(b\) Uniforms***.*** The Contractor\'s employees shall wear clean, neat
and identifiable uniforms, although not necessarily identical
uniforms***.*** The service staff will be wearing black trousers with
white shirts, black vests and black bow ties. The chefs will be wearing
white jackets and black trousers.

\(c\) Disorderly conduct, use of abusive or offensive language,
quarreling, intimidation by words, actions, or fighting shall not be
condoned. Also included is participation in disruptive activities that
interfere with normal and efficient Government operations.

\(e\) Intoxicants and Narcotics. The Contractor shall not allow its
employees while on duty to possess, sell, consume, or be under the
influence of intoxicants, drugs or substances that produce similar
effects.

3\. PERSONNEL HEALTH REQUIREMENTS

All employees shall be in good general health without physical
disabilities that would interfere with acceptable performance of their
duties. All employees shall be free from communicable diseases.

4\. INSURANCE

The Contractor agrees that the Government shall not be responsible for
personal injuries or for damages to:

a)  any property of the Contractor,

b)  its officers,

c)  agents,

d)  servants,

e)  employees, or

f)  any other person,

arising from and incident to the Contractor\'s performance of this
contract. The Contractor shall hold harmless and indemnify the
Government from any and all claims arising, except in the instance of
gross negligence on the part of the Government.

###  {#section-4}

### 4. LAWS AND REGULATIONS

The Contractor shall comply with all local labor laws, regulations,
customs and practices pertaining to labor, safety, and similar matters,
to the extent that such compliance is not inconsistent with the
requirements of this contract.

5\. SUBMISSION OF INVOICES

Invoices shall be submitted upon successful completion and acceptance of
the work to the Contracting Officer\'s Representative (COR) at the
following address:

American Embassy

Attention: Facilities Maintenance Section

91 Vas. Sophia Avenue

GR 101 60 ATHENS

**ATTACHMENT 1**

Underground Utility room Geotechnical survey

The general scope of the subsurface exploration for the proposed utility
building is outlined below:

The purpose of the subsurface exploration is to provide the design team
with an analysis of the existing subsurface soil conditions and
comprehensive foundation design recommendations for the construction of
a new underground utility building at the United States Embassy in
Athens, Greece. The attached sketch indicates the proposed location of
two borings. The two borings are considered to be the minimum required
but additional borings may be taken at the discretion of the
geotechnical engineer as necessary to complete the study.

The proposed utility building will likely be supported by spread
footings or a mat foundation. The proposed building will consist of one
story located below grade with footings bearing approximately 5 meters
below the existing finished grade. The building will be approximately 8
meters wide by 12 meters long.

Based on other geotechnical studies preformed at the U.S. Embassy, the
borings will likely extend to a depth of 10 to 15 meters. The actual
boring depth must be determined by the geotechnical engineer. Standard
penetration tests (ASTM D-1586) are required to be taken at intervals of
1.5 meters during the boring drilling.  In addition to the borings, the
subsurface exploration should include any lab testing that is required
to determine the necessary foundation design information. This
information includes but is not limited to: soil/rock bearing capacity,
soil/rock classification, thickness/depth of fill materials,
consideration to adjacent footings of the existing chancery, groundwater
observations, and the seismic site class determined in accordance with
the International Building Code (IBC) and excavation/backfilling
recommendations. In addition, the report should include information and
recommendations for the design of retaining walls, including the
subgrade modulus, angle of internal friction, soil weight, relative
density determination, and the active/passive soil pressures. All work
must be coordinated with the existing site structures and underground
utilities.

![](media/image1.wmf){width="6.49375in" height="8.25763888888889in"}

**SECTION 2 - CONTRACT CLAUSES**

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

ADDENDUM TO 52.212-4

None

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

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

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

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

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

+---+------------------------------------------------------------------+
|   | ## Clause Number and Title                                       |
+---+------------------------------------------------------------------+
| X | \(37\) 52.232-34, Payment by Electronic Funds Transfer -- Other  |
|   | than Central Contractor Registration (MAY 1999) (31 U.S.C.       |
|   | 3332).                                                           |
+---+------------------------------------------------------------------+

\(c\) \[Reserved\]

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

\(1\) The Comptroller General of the United States, or an authorized
representative of the Comptroller General, shall have access to and
right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.

\(2\) The Contractor shall make available at its offices at all
reasonable times the records, materials, and other evidence for
examination, audit, or reproduction, until 3 years after final payment
under this contract or for any shorter period specified in FAR Subpart
4.7, Contractor Records Retention, of the other clauses of this
contract. If this contract is completely or partially terminated, the
records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement. Records relating
to appeals under the disputes clause or to litigation or the settlement
of claims arising under or relating to this contract shall be made
available until such appeals, litigation, or claims are finally
resolved.

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

(e)(1) *\[This paragraph applies only if award is made to a U.S. firm\]*
Notwithstanding the requirements of the clauses in paragraphs (a), (b),
(c) and (d) of this clause, the Contractor is not required to flow down
any FAR clause, other than those in paragraphs (i) through (vi) of this
paragraph in a subcontract for commercial items. Unless otherwise
indicated below, the extent of the flow down shall be as required by the
clause --

\(i\) 52.219-8, Utilization of Small Business Concerns (SEPT 2006) (15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer subcontracting
opportunities. If the subcontract (except subcontracts to small business
concerns) exceeds \$550,000 (\$1,000,000 for construction of any public
facility), the subcontractor must include 52.219-8 in lower tier
subcontracts that offer subcontracting opportunities.

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

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

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

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

\(vi\) \[Reserved\].

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

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

**ADDENDUM TO CONTRACT CLAUSES**

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

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

The following Federal Acquisition Regulation clauses are incorporated by
reference:

[CLAUSE]{.underline} [TITLE AND DATE]{.underline}

14. Inconsistency Between English Version and Translation of Contract

(FEB 2000)

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

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

52.245-2 Government Property Installation Operation Services - where USG
providing property but contractor responsible for replacement (JUNE
2007)

The following FAR clauses are provided in full text:

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

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

THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT:

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

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

\(b\) Invoice Submission. The contractor shall submit invoices in an
original and two (2) copies to the office identified in Block 18b of the
SF-1449. To constitute a proper invoice, the invoice shall include all
the items required by FAR 32.905(e).

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

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

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

\(a\) The Department of State observes the following days as holidays:

> New Year's Day
>
> Martin Luther King's Birthday
>
> Washington's Birthday
>
> Memorial Day
>
> Independence Day
>
> Labor Day
>
> Columbus Day
>
> Veterans Day
>
> Thanksgiving Day
>
> Christmas Day

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

\(b\) When any such day falls on a Saturday or Sunday, the following
Monday is observed. Observance of such days by Government personnel
shall not be cause for additional period of performance or entitlement
to compensation except as set forth in the contract. If the contractor's
personnel work on a holiday, no form of holiday or other premium
compensation will be reimbursed either as a direct or indirect cost,
unless authorized pursuant to an overtime clause elsewhere in this
contract.

\(c\) When the Department of State grants administrative leave to its
Government employees, assigned contractor personnel in Government
facilities shall also be dismissed. However, the contractor agrees to
continue to provide sufficient personnel to perform round-the-clock
requirements of critical tasks already in operation or scheduled, and
shall be guided by the instructions issued by the contracting officer or
his/her duly authorized representative.

\(d\) For fixed-price contracts, if services are not required or
provided because the building is closed due to inclement weather,
unanticipated holidays declared by the President, failure of Congress to
appropriate funds, or similar reasons, deductions will be computed as
follows:

\(1\) The deduction rate in dollars per day will be equal to the per
month contract price divided by 21 days per month.

\(2\) The deduction rate in dollars per day will be multiplied by the
number of days services are not required or provided.

If services are provided for portions of days, appropriate adjustment
will be made by the contracting officer to ensure that the contractor is
compensated for services provided.

(e) If administrative leave is granted to contractor personnel as a
    result of conditions stipulated in any "Excusable Delays" clause of
    this contract, it will be without loss to the contractor. The cost
    of salaries and wages to the contractor for the period of any such
    excused absence shall be a reimbursable item of direct cost
    hereunder for employees whose regular time is normally charged, and
    a reimbursable item of indirect cost for employees whose time is
    normally charged indirectly in accordance with the contractor's
    accounting policy.

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

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

\(b\) The COR for this contract is the Geotechnical Engineer, OBO.

**SECTION 3 - SOLICITATION PROVISIONS**

FAR 52.212-1, INSTRUCTIONS TO OFFERORS \-- COMMERCIAL ITEMS (JUN 2008),
IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK 27A).

**ADDENDUM TO 52.212-1**

A. [Summary of instructions]{.underline}. Each offer must consist of the
following:

A.1. A completed solicitation, in which the SF-1449 cover page (blocks
12, 17, 19-24, and 30 as appropriate), and Section 1 has been filled
out.

A.2. Information demonstrating the offeror's/quoter's ability to
perform, including:

\(1\) Name of a Project Manager (or other liaison to the
Embassy/Consulate) who understands written and spoken English;

\(2\) Evidence that the offeror/quoter operates an established business
with a permanent address and telephone listing;

\(3\) List of clients, demonstrating prior experience with relevant past
performance information and references;

\(4\) Evidence that the offeror/quoter can provide the necessary
personnel, equipment, and financial resources needed to perform the
work;

\(5\) Evidence that the offeror/quoter has all licenses and permits
required by local law (see DOSAR 652.242-73 in Section 2).

(6) a copy of the Certificate of Insurance, or

(7) a statement that the contractor will get the required insurance, and
    the name of the insurance provider to be used.

**ADDENDUM TO SOLICITATION PROVISIONS**

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

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

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

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

[CLAUSE]{.underline} [TITLE AND DATE]{.underline}

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

(DUNS) Number (APR 2008)

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

[THE FOLLOWING DOSAR PROVISION(S) IS/ARE PROVIDED IN FULL
TEXT:]{.underline}

652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999)

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

\(b\) The Department of State\'s Acquisition Ombudsman has been
appointed to hear concerns from potential offerors and contractors
during the preaward and postaward phases of this acquisition. The role
of the ombudsman is not to diminish the authority of the contracting
officer, the Technical Evaluation Panel or Source Evaluation Board, or
the selection official. The purpose of the ombudsman is to facilitate
the communication of concerns, issues, disagreements, and
recommendations of interested parties to the appropriate Government
personnel, and work to resolve them. When requested and appropriate, the
ombudsman will maintain strict confidentiality as to the source of the
concern. The ombudsman does not participate in the evaluation of
proposals, the source selection process, or the adjudication of formal
contract disputes. Interested parties are invited to contact the
contracting activity ombudsman, Attention: Management Affairs Counselor
at Phone 210-720-2266 and Fax 210-722-7255. For an American Embassy or
overseas post, refer to the numbers below for the Department Acquisition
Ombudsman. Concerns, issues, disagreements, and recommendations which
cannot be resolved at a contracting activity level may be referred to
the Department of State Acquisition Ombudsman at (703) 516-1680, by fax
at (703) 875-6155, or write to: Department of State, Acquisition
Ombudsman, Office of the Procurement Executive (A/OPE), Suite 603, SA-6,
Washington, DC 20522-0602.

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

**SECTION 4 - EVALUATION FACTORS**

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

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

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

```{=html}
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```
-   The Government will determine acceptability by assessing the
    offeror\'s compliance with the terms of the RFQ **to include the
    technical information required by Section 3.**

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

```{=html}
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```
-   adequate financial resources or the ability to obtain them;

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

-   satisfactory record of integrity and business ethics;

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

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

-   be otherwise qualified and eligible to receive an award under
    applicable laws and regulations.

**ADDENDUM TO EVALUATION FACTORS**

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

None

**SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS**

52.212-3 Offeror Representations and Certifications---Commercial Items
(June 2008)

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

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

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

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

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

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

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

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

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

\(3\) FSG 88, Live Animals;

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

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

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

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

\(8\) FSC 9610, Ores;

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

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

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

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

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

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

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

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

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

\(6\) Have been voluntarily suspended.

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

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

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

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

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

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

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

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at
[38 U.S.C. 101(2)](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++(38)  AND ((38) ADJ USC)%3ACITE         ))
or, in the case of any publicly owned business, not less than 51 percent
of the stock of which is owned by one or more veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

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

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

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

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

\(b\)

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

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

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

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

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

(c-d) Reserved

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

\(f\) Reserved.

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

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

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

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

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

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

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

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

\[List as necessary\]

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

Other Foreign End Products:

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

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

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

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

\[List as necessary\]

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

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

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

Canadian End Products:

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

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

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

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

\[List as necessary\]

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

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

Canadian or Israeli End Products:

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

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

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

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

\[List as necessary\]

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

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

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

Other End Products:

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

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

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

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

\[List as necessary\]

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

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

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

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

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

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

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

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

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

\(ii\) Examples.

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

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

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

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

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

\(1\) Listed end products.

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

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

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

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

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

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

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

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

\(2\) o Outside the United States.

\(k\) Reserved

\(l\) Taxpayer Identification Number (TIN) ([26 U.S.C.
6109](http://uscode.house.gov/), [31 U.S.C.
7701](http://uscode.house.gov/)). (Not applicable if the offeror is
required to provide this information to a central contractor
registration database to be eligible for award.)

\(1\) All offerors must submit the information required in paragraphs
(l)(3) through (l)(5) of this provision to comply with debt collection
requirements of [31 U.S.C. 7701(c) and
3325(d)](http://uscode.house.gov/), reporting requirements of [26 U.S.C.
6041, 6041A, and 6050M](http://uscode.house.gov/), and implementing
regulations issued by the Internal Revenue Service (IRS).

\(2\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationship with the
Government ([31 U.S.C. 7701(c)(3)](http://uscode.house.gov/)). If the
resulting contract is subject to the payment reporting requirements
described in FAR
[4.904](http://acquisition.gov/far/current/html/Subpart 4_9.html#wp1091081),
the TIN provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.

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

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

o  TIN has been applied for.

o  TIN is not required because:

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

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

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

\(4\) Type of organization.

o  Sole proprietorship;

o  Partnership;

o  Corporate entity (not tax-exempt);

o  Corporate entity (tax-exempt);

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

o  Foreign government;

o  International organization per 26 CFR 1.6049-4;

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

\(5\) Common parent.

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

o  Name and TIN of common parent:

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

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

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

**ADDENDUM TO REPRESENTATIONS AND CERTIFICATIONS**

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

None