<table style="width:100%;">
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</colgroup>
<tbody>
<tr class="odd">
<td colspan="12"><p id="solicitationcontractorder-for-commercial-items"
class="heading">SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS</p>
<p><em>OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, &amp; 30</em></p></td>
<td colspan="5"><p>1. REQUISITION NO.</p>
<blockquote>
<p>N2002258; Basic (1F)</p>
</blockquote></td>
<td colspan="4"><blockquote>
<p>PAGE 1 OF 15</p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="3">2. CONTRACT NO.</td>
<td colspan="4"><p>3. AWARD/EFFECTIVE DATE</p>
<blockquote>
<p>See Block 31c.</p>
</blockquote></td>
<td colspan="5"><p>4. ORDER NO.</p>
<blockquote>
<p>NS-7761</p>
</blockquote></td>
<td colspan="5"><p>5. SOLICITATION NO.</p>
<blockquote>
<p><strong>RFQ13-SSC-Q-02-44</strong></p>
</blockquote></td>
<td colspan="4"><p>6. SOLICITATION ISSUE DATE</p>
<blockquote>
<p>June 20, 2002</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="3"><p><strong>7. FOR SOLICITATION</strong></p>
<p><strong>INFORMATION CALL</strong></p></td>
<td colspan="9"><p>a. NAME</p>
<blockquote>
<p><strong>Gregory Fletcher</strong></p>
</blockquote></td>
<td colspan="5"><p>b. TELEPHONE NO. <em>(No collect calls)</em></p>
<blockquote>
<p>(228) 688-2223</p>
<p>(228) 688-1141 FAX</p>
</blockquote></td>
<td colspan="4"><p>8. OFFER DUE DATE/LOCAL TIME</p>
<blockquote>
<p><strong>6/28/02 Not later than</strong></p>
<p><strong>3:00 P.M.</strong></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="6">9. ISSUED BY CODE</td>
<td colspan="2">64</td>
<td colspan="6">10. THIS ACQUISITION IS</td>
<td colspan="3">11. DELIVERY FOR FOB</td>
<td colspan="4">12. DISCOUNT TERMS</td>
</tr>
<tr class="odd">
<td colspan="6"><p>NASA/OFFICE OF PROCUREMENT</p>
<p>OPERATIONS CONTRACTING DIVISION</p></td>
<td colspan="2"></td>
<td colspan="6"><p> UNRESTRICTED</p>
<p> SET ASIDE: 100 % FOR</p>
<blockquote>
<p> SMALL BUSINESS</p>
</blockquote></td>
<td colspan="3"><p>DESTINATION UNLESS BLOCK IS MARKED</p>
<p> SEE SCHEDULE</p></td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="6"><p>MAIL CODE DA10</p>
<p>JOHN C. STENNIS SPACE CENTER</p></td>
<td colspan="2"></td>
<td colspan="6"><blockquote>
<p> SMALL DISADV. BUSINESS</p>
</blockquote></td>
<td colspan="7"><p> 13a. THIS CONTRACT IS A RATED ORDER</p>
<p>UNDER DPAS (15 CFR 700)</p></td>
</tr>
<tr class="odd">
<td colspan="6">STENNIS SPACE CENTER, MS 39529-6000</td>
<td colspan="2"></td>
<td colspan="6"><blockquote>
<p> 8(A)</p>
</blockquote></td>
<td colspan="7"><p>13b. RATING</p>
<blockquote>
<p>DO-C9</p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="6"></td>
<td colspan="2"></td>
<td colspan="6"><p>SIC: NAICS Code: 334511</p>
<p>SIZE STD: 750</p></td>
<td colspan="7"><p>14. METHOD OF SOLICITATION</p>
<blockquote>
<p> RFQ IFB RFP RFO</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="6">15. DELIVER TO CODE</td>
<td colspan="2">64</td>
<td colspan="12">16. ADMINISTERED BY CODE</td>
<td></td>
</tr>
<tr class="even">
<td colspan="6"><p>NASA/ TRANSPORTATION OFFICER</p>
<p>ATTN: Don Coss/RA91</p>
<p>John C. Stennis Space Center</p>
<p>Stennis Space Center, MS 39529-6000</p></td>
<td colspan="2"></td>
<td colspan="12"><h5 id="section"></h5>
<h5 id="same-as-block-no.-9">Same as block no. 9</h5></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><p>17a. CONTRACTOR/ CODE</p>
<p>OFFEROR</p></td>
<td colspan="2"></td>
<td colspan="2"><p>FACILITY</p>
<p>CODE</p></td>
<td colspan="2"></td>
<td colspan="12">18a. PAYMENT WILL BE MADE BY CODE</td>
<td></td>
</tr>
<tr class="even">
<td colspan="8"><p>Taxpayer Identification No. (TIN): Cage Code:</p>
<p>Telephone No.</p>
<p>Facsimile No.</p></td>
<td colspan="13"><blockquote>
<p>NASA/Office of the Chief Financial Officer, Code EA00</p>
<p>Financial Management Office, Code EA22</p>
<p>John C. Stennis Space Center</p>
<p>Stennis Space Center, MS 39529-6000</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="8"> 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH
ADDRESS IN OFFER</td>
<td colspan="13">18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a
UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM</td>
</tr>
<tr class="even">
<td><p>19.</p>
<p>ITEM NO.</p></td>
<td colspan="9"><p>20.</p>
<p>SCHEDULE OF SUPPLIES/SERVICES</p></td>
<td colspan="3"><p>21.</p>
<p>QUANTITY</p></td>
<td colspan="3"><p>22.</p>
<p>UNIT</p></td>
<td colspan="3"><p>23.</p>
<p>UNIT PRICE</p></td>
<td colspan="2"><p>24.</p>
<p>AMOUNT</p></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="9">SEE PAGE 2</td>
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="2">$</td>
</tr>
<tr class="even">
<td></td>
<td colspan="9"><em>(Attach Additional Sheets as Necessary)</em></td>
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td colspan="16"><p>25. ACCOUNTING AND APPROPRIATION DATA PPC:</p>
<blockquote>
<p>001 599-60-00-00-00-64-2002-00-00-44-10AF-00-2617 80X0110</p>
</blockquote></td>
<td colspan="5"><p>26. TOTAL AWARD AMOUNT <em>(For Govt. Use
Only)</em></p>
<p>$</p></td>
</tr>
<tr class="even">
<td colspan="21"><p> 27a. SOLICITATION INCORPORATES BY REFERENCE FAR
52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 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="11">28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND
RETURN 3 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 SPECIFIED
HEREIN.</td>
<td colspan="10">29. AWARD OF CONTRACT: REFERENCE YOUR OFFER DATED
______________. YOUR OFFER 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="9">30a. SIGNATURE OF OFFEROR/CONTRACTOR</td>
<td colspan="12">31a. UNITED STATES OF AMERICA <em>(SIGNATURE OF
CONTRACTING OFFICER)</em></td>
</tr>
<tr class="odd">
<td colspan="5">30b. NAME AND TITLE OF SIGNER <em>(TYPE OR
PRINT)</em></td>
<td colspan="4">30c. DATE SIGNED</td>
<td colspan="9"><p>31b. NAME OF CONTRACTING OFFICER <em>(TYPE OR
PRINT)</em></p>
<blockquote>
<p><strong>James D. Huk II</strong></p>
</blockquote></td>
<td colspan="3">31c. DATE SIGNED</td>
</tr>
<tr class="even">
<td colspan="9"><p>32a. QUANTITY IN COLUMN 21 HAS BEEN</p>
<p>ACCEPTED, AND CONFORMS TO THE</p></td>
<td colspan="6">33. SHIP NUMBER</td>
<td colspan="3">34. VOUCHER NUMBER</td>
<td colspan="3">35. AMOUNT VERIFIED CORRECT FOR</td>
</tr>
<tr class="odd">
<td colspan="9"><blockquote>
<p> RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED</p>
</blockquote></td>
<td colspan="6"> PARTIAL FINAL</td>
<td colspan="3"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="9"></td>
<td colspan="9">36. PAYMENT</td>
<td colspan="3">37. CHECK NUMBER</td>
</tr>
<tr class="odd">
<td colspan="5">32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE</td>
<td colspan="4">32c. DATE</td>
<td colspan="9"> COMPLETE PARTIAL FINAL</td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="6">38. S/R ACCOUNT NO.</td>
<td colspan="3">39. S/R VOUCHER NO.</td>
<td colspan="3">40. PAID BY</td>
</tr>
<tr class="odd">
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="9">42a. RECEIVED BY <em>(Print)</em></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="9">41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR
PAYMENT</td>
<td colspan="9"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="5">41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER</td>
<td colspan="4">41c. DATE</td>
<td colspan="9">42b. RECEIVED AT <em>(Location)</em></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="9"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="6">42c. DATE REC’D <em>(YY/MM/DD)</em></td>
<td colspan="3">42d. TOTAL CONTAINERS</td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="4"></td>
<td colspan="6"></td>
<td colspan="3"></td>
<td colspan="3"></td>
</tr>
</tbody>
</table>

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL **STANDARD
FORM 1449** (10-95)

Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT Prescribed by
GSA - FAR (48 CFR) 53.212

**SUPPLIES AND/OR SERVICES TO BE FURNISHED:** The contractor shall
provide all resources necessary to furnish the supplies/services in
accordance with the supplies listed below and the clauses of this order.

Item No. 0001 WANCO, Inc. Message Board, Solar-powered w/hydraulic lift,
Model WTLMB-S-LL (A)R, to

include Radar Package with Modem

Quantity 1 Each

Unit Price \$\_\_\_\_\_\_\_\_\_\_\_\_\_

Total Amount \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Item No. 0002 Traffic Radar Package for NASA-owned Message Director
(WANCO)

Quantity 1 Each

Unit Price \$\_\_\_\_\_\_\_\_\_\_\_\_\_

Total Amount \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Item No. 0003 36\" Reflective HD Traffic Cone

Quantity 10 Each (8 Pack)

Unit Price \$\_\_\_\_\_\_\_\_\_\_\_\_\_

Total Amount \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Item No. 0004 18\" Reflective HD Traffic Cone

Quantity 8 Each (10 Pack)

Unit Price \$\_\_\_\_\_\_\_\_\_\_\_\_\_

Total Amount \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**TOTAL FOR ALL ITEMS \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**DELIVERY SCHEDULE**

The Contractor shall deliver all the items under this order within four
(4) weeks.

**INVOICES**

Invoices shall be submitted to the following address:

NASA/Office of the Chief Financial Officer, Code EA00

Financial Management Division, Code EA22

John C. Stennis Space Center

Stennis Space Center, MS 39529-6000

**SHIP TO:** NASA/Transportation Officer

John C. Stennis Space Center

Stennis Space Center, MS 39529-6000

Attn: Don Coss/Code RA91

**52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS
(MAY 2002) \-- ALTERNATE I (APR 2002) \-- ALTERNATE II (OCT 2000)**

\(a\) 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 of 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
veteran with permanent and severe disability, the spouse or permanent
caregiver of such veteran.

\(2\) Service-disabled veteran means a veteran, as defined in 38 U.S.C.
101(2), with a disability that is service-connected, as defined in 38
U.S.C. 101(16).

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

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

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

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

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

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

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

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

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

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

\(2\) The TIN may be used by the government to collect and report on any
delinquent amounts arising out of the offeror\'s relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror\'s TIN.\]

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

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

\_\_\_\_ TIN has been applied for.

\_\_\_\_ TIN is not required because:

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

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

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

\(4\) Type of organization.

\_\_\_\_ Sole proprietorship;

\_\_\_\_ Partnership;

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

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

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

\_\_\_\_ Foreign government;

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

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

\(5\) Common parent.

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

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

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

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

\(c\) Offerors must complete the following representations when the
resulting contract is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District of Columbia. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

> Number of 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 place of ownership, or HUBZone employee percentage has
occurred since it was certified by the Small Business Administration in
accordance with 13 CFR part 126; and

\(ii\) It \_\_\_\_ is, \_\_\_\_ not a joint venture that complies with
the requirements of 13 CFR part 126, and the representation in paragraph
(c)(10)(i) of this provision is accurate for the HUBZone small business
concern or concerns that are participating on 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 (as
defined in the clause of this solicitation entitled \"Buy American Act
-Supplies\") 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.

\(2\) 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 \-- North American Free Trade Agreement \--
Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American Act \-- North American Free Trade Agreement \--
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 as defined in the clause of this solicitation entitled \"Buy
American Act \-- North American Free Trade Agreement\-- Israeli Trade
Act\" and that the offeror has considered components of unknown origin
to have been mined, produced, or manufactured outside the United States.

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

NAFTA Country or Israeli End Products:

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

                                  

                                  

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

\[List as necessary\]

\(iii\) The offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (g)(1)(ii) or this
provision) as defined in the clause of this solicitation entitled \"Buy
American Act-North American Free Trade Agreement-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-North American Free Trade Agreements-Israeli
Trade Act Certificate, Alternate I (May 2002). 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-North American Free Trade Agreement-Israeli
Trade Act\":

Canadian End Products

Line Item
No.:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

\(3\) Buy American Act-North American Free Trade Agreements-Israeli
Trade Act Certificate, Alternate II (May 2002). 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\--North American Free
Trade Agreement\--Israeli Trade Act\'\':

Canadian or Israeli End Products

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

                                  

                                  

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

> \[List as necessary\]

\(4\) Trade Agreements Certificate. (Applies only if the clause at FAR
52.225-5, Trade Agreements, is included in this solicitation.)

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

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

Other End Products

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

                                  

                                  

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

> \[List as necessary\]

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

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

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

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

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

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

\(1\) Listed End Product

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

                                  

                                  

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

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

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

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

(End of Provision)

**Alternate I (Apr 2002)**. As prescribed in 12.301(b)(2), add the
following paragraph (c)(11) to the basic provision:

\(11\) (Complete if the offeror has represented itself as disadvantaged
in paragraph (c)(4) or (c)(9) of this provision.) \[The offeror shall
check the category in which its ownership falls\]:

\_\_\_\_ Black American.

\_\_\_ Hispanic American.

\_\_\_ Native American (American Indians, Eskimos, Aleuts, or Native
Hawaiians).

\_\_\_ Asian-Pacific American (persons with origins from Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust
Territory or the Pacific Islands (Republic of Palau), Republic of the
Marshall Islands, Federated States of Micronesia, the Commonwealth of
the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji,
Tonga, Kiribati, Tuvalu, or Nauru).

\_\_\_ Subcontinent Asian (Asian-Indian) American (persons with origins
from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives
Islands, or Nepal).

\_\_\_ Individual/concern, other than one of the preceding.

**Alternate II (Oct 2000)**. As prescribed in 12.301(b)(2), add the
following paragraph (c)(9)(iii) to the basic provision:

\(iii\) Address. The offeror represents that its address \_\_is, \_\_ is
not in a region for which a small disadvantaged business procurement
mechanism is authorized and its address has not changed since its
certification as a small disadvantaged business

concern or submission of its application for certification. The list of
authorized small disadvantaged business procurement mechanisms and
regions is posted at http://www.arnet.gov/References/sdbadjustments.htm.
The offeror shall use the list in effect

on the date of this solicitation. \"Address,\" as used in this
provision, means the address of the offeror as listed on the Small
Business Administration\'s register of small disadvantaged business
concerns or the address on the completed application that the concern
has submitted to the Small Business Administration or a Private
Certifier in accordance with 13 CFR part 124, subpart B.

For joint ventures, \"address\" refers to the address of the small
disadvantaged business concern that is participating in the joint
venture.

**ADDENDA TO FAR 52.212-1**

**Solicitation Provisions Incorporated by Reference (52.252-1) (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. 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://procurement.nasa.gov/FAR/>

#### A. FEDERAL ACQUISITION REGULATION (48CFR CHAPTER 1) CLAUSES

The following FAR provisions are included by reference when applicable:

52.211-14 Notice of Priority Rating for National Defense Use (Sep 1990)
(Applicable to rated orders)

38. Submission of Electronic Funds Transfer Information with Offer
    (May 1999) (Applicable when EFT information

is to be submitted with the offer)

**Evaluation\--Commercial Items (52.212-2 ) (Jan 1999)** (Applicable
when evaluation factors are to be included for evaluation and the
selection will be based on best value, rather than technically
acceptable, low price. This provision may be modified, as necessary, by
the contracting officer.)

\(a\) 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 compliance

Past Performance

Price

**Technical compliance and past performance, when combined, are
significantly more important than price.**

b\) Options. The Government will evaluate offers for award purposes by
adding the total price for all

options to the total price for the basic requirement. The Government may
determine that an offer is

unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the

Government to exercise the option(s).

\(c\) A written notice of award or acceptance of an offer, mailed or
otherwise furnished to the successful

offeror within the time for acceptance specified in the offer, shall
result in a binding contract without further

action by either party. Before the offer\'s specified expiration time,
the Government may accept an offer (or

part of an offer), whether or not there are negotiations after its
receipt, unless a written notice of withdrawal

is received before award.

> (End of provision)
>
> **ADDENDUM TO FAR 52.212-3**

COMPLIANCE WITH VETERANS\' EMPLOYMENT REPORTING REQUIREMENTS (Dec 2001)

**(**Applicable for acquisitions in excess of \$25,000)

By submission of its offer, the offeror represents that, if it is
subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it
has any contract containing Federal Acquisition Regulation clause
52.222-37, Employment Reports on Special Disabled Veterans, Veterans of
the Vietnam Era, and Other Eligible Veterans), it has submitted the most
recent VETS-100 Report required by that clause.

(End of provision)

**ADDENDA TO 52.212-4**

**[CLAUSES INCORPORATED BY REFERENCE (52.252-2) (FEB
1998)]{.underline}**

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

A. FEDERAL ACQUISITION REGULATION (48CFR CHAPTER 1) CLAUSES

The following FAR clauses are included by reference when applicable:

52.247-34 F.O.B. Destination (Nov 1991) (Delivery term specified as
F.O.B. Destination)

52.219-6 Notice of Total Small Business Set-Aside (Jul 1996)

#### 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Products (Aug 2002)

#### B. NASA Federal Acquisition Regulation Supplement (48CFR CHAPTER 18) Clauses

1852.204-74 Central Contractor Registration (October 2001)

1852.215-84 Ombudsman (June 2000)

Fill In: b. (Mark Craig, NASA-SSC Code AA00, Stennis Space Center, MS
39529-6000, telephone number (228)-688-2123, and facsimile number
(228)-688-3240)

76. NASA 8 Percent Goal (July 1997)

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72. Safety and Health (Short Form) (April 2002)

1852.225-70 Export Licenses (February 2002)

1852.233-70 Protests to NASA (March 1997)

**ATTACHMENT TO SF 1449**

**CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL ITEMS (52.212-5) (May 2002)**

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

\(1\) 52.222-3, Convict Labor (E.O. 11755);

\(2\) 52.233-3, Protest after Award (31 U.S.C 3553).

\(b\) 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 or components:

\[Contracting Officer shall check as appropriate.\]

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

\_\_\_ (2) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan
1999).

> \_\_\_ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone
> Small Business Concerns (Jan 1999) (if the offeror elects to waive the
> preference, it shall so indicate in its offer).
>
> \_\_\_ (4) (i) 52.219-5, Very Small Business Set-Aside (Pub. L.
> 103-403, section 304, Small Business Reauthorization and Amendments
> Act of 1994).

\_\_\_ (ii) Alternate I to 52.219-5.

\_\_\_ (iii) Alternate II to 52.219-5.

\_\_\_ (5) 52.219-8, Utilization of Small Business Concerns (15 U.S.C.
637 (d)(2) and (3)).

\_\_\_ (6) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637
(d)(4)).

\_\_\_ (7) 52.219-14, Limitations on Subcontracting (15 U.S.C.
637(a)(14)).

> \_\_\_ (8) (i) 52.219-23, Notice of Price Evaluation Adjustment for
> Small Disadvantaged Business Concerns (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 of 52.219-23.

> \_\_\_ (9) 52.219-25, Small Disadvantaged Business Participation
> Program-Disadvantaged Status and Reporting (Pub. L. 103-355, section
> 7102, and 10 U.S.C. 2323).
>
> \_\_\_ (10) 52.219-26, Small Disadvantaged Business Participation
> Program-Incentive Subcontracting (Pub. L. 103-355, section 7102, and
> 10 U.S.C. 2323).

\_[X]{.underline}\_ (11) 52.222-21, Prohibition of Segregated Facilities
(Feb 1999).

\_[X]{.underline}\_ (12) 52.222-26, Equal Opportunity (E.O. 11246).

> \_[X]{.underline}\_ (13) 52.222-35, Equal Opportunity for Special
> Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
> Veterans (38 U.S.C. 4212).

\_[X]{.underline}\_ (14) 52.222-36, Affirmative Action for Workers with
Disabilities (29 U.S.C. 793).

> \_[X]{.underline}\_ (15) 52.222-37, Employment Reports on Special
> Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
> Veterans (38 U.S.C. 4212).

\_[X]{.underline}\_ (16) 52.222-19, Child Labor-Cooperation with
Authorities and Remedies (E.O. 13126).

> [X]{.underline} (17)(i) 52.223-9, Estimate of Percentage of Recovered
> Material Content for EPA-Designated Products (42 U.S.C.
> 6962(c)(3)(A)(ii)).

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

[X]{.underline} (18) 52.225-1, Buy American Act\--Supplies (41 U.S.C.
10a-10d).

> \_\_\_ (19)(i) 52.225-3, Buy American Act - North American Free Trade
> Agreement - Israeli Trade Act (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note,
> 19 U.S.C. 2112 note).

\(ii\) Alternate I of 52.225-3.

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

\_\_\_ (20) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19
U.S.C. 3301 note).

[X]{.underline} (21) 52.225-13, Restriction on Certain Foreign Purchases
(E.O. 12722, 12724, 13059, 13067, 13121, and 13129).

\_\_\_ (22) 52.225-15, Sanctioned European Union Country End Products
(E.O. 12849).

\_\_\_ (23) 52.225-16, Sanctioned European Union Country Services (E.O.
12849).

\_[X]{.underline}\_ (24) 52.232-33, Payment by Electronic Funds
Transfer-Central Contractor Registration (31 U.S.C. 3332).

\_\_\_ (25) 52.232-34, Payment by Electronic Funds Transfer-Other Than
Central Contractor Registration (31 U.S.C. 3332).

\_\_\_ (26) 52.232-36, Payment by Third Party (31 U.S.C. 3332).

\_\_\_ (27) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).

\_\_\_ (28) (i) 52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (46 U.S.C. 1241).

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

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

\(c\) The Contractor shall comply with the FAR clauses in this paragraph
(c), applicable to commercial services, which 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 or components:

> \[Contracting Officer check as appropriate.\]

\(1\) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C.
351, et seq.).

\(2\) 52.222-42, Statement of Equivalent Rates for Federal Hires (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) (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 (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 Agreement (CBA) (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.

\(e\) Notwithstanding the requirements of the clauses in paragraphs (a),
(b), (c) or (d) of this clause, the Contractor is not required to
include any FAR clause, other than those listed below (and as may be
required by an addenda to this paragraph to establish the reasonableness
of prices under Part 15), in a subcontract for commercial items or
commercial components \--

\(1\) 52.222-26, Equal Opportunity (E.O. 11246);

\(2\) 52.222-35, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C.
4212);

\(3\) 52.222-36, Affirmative Action for Workers with Disabilities (29
U.S.C. 793);

\(4\) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial
Vessels (46 U.S.C. 1241) (flow down not required for subcontracts
awarded beginning May 1, 1996); and

\(5\) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C.
351, et seq.).

(End of Clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph
(d) from the basic clause, redesignate paragraph (e) as paragraph (d),
and revise the reference to \"paragraphs (a), (b), (c), or (d) of this
clause\" in the redesignated paragraph (d) to read \"paragraphs (a),
(b), and (c) of this clause\".