TABLE OF CONTENTS

  ----------------------- ----------- -------------------------------------------------------- ---------------- -----------------
  COMMERCIAL CLAUSES                                                                           [2](#_TOC_0)     

  1                                   Prebid/Preproposal Conference                                             [2](#_toc_01)

  2                                   PERFORMANCE WORK STATEMENT (PWS)                                          [2](#_toc_02)

  3                                   Submission Information                                                    [11](#_toc_03)

  4                                   Invoice Requirements                                                      [14](#_toc_04)

  5                                   Printed or Copied Double-Sided on Recycled Paper                          [14](#_toc_05)

  6                       Clauses By                                                           [15](#_toc_06)   
                          Reference                                                                             

  7                                   Offeror Representations and Certifications - Commercial                   [16](#_toc_07)
                                      Items                                                                     

  8                                   Contract Terms and Conditions Required to Implement                       [25](#_toc_08)
                                      Statutes or Executive Orders\--Commercial Items                           

  9                                   Type of Contract                                                          [28](#_toc_09)

  10                                  Option to Extend Services                                                 [28](#_toc_010)

  11                                  Option to Extend the Term of the Contract                                 [29](#_toc_011)

  12                                  Notice of Total Service-Disabled Veteran-Owned Small                      [29](#_toc_012)
                                      Business Set-Aside                                                        

  13                                  Service of Protest                                                        [30](#_toc_013)

  14                                  Protest after Award                                                       [31](#_toc_014)

  15                                  Government Property (June 2007) - Alt I                                   [32](#_toc_015)

  16                                  Prevention of Malicious Code                                              [40](#_toc_016)

  17                                  Liability Insurance - Department of the Interior                          [41](#_toc_017)

  18                                  Section 508 Applicable Standards                                          [41](#_toc_018)

  19                                  Unscheduled Closures - Fixed Price                                        [42](#_toc_019)

  20                                  Contracting Officer\'s Representative \-- Technical                       [42](#_toc_020)
                                      Direction                                                                 

  21                                  Availability of Funds under Continuing Resolution                         [43](#_toc_021)

  22                                  Organizational Conflicts of Interest\--General                            [43](#_toc_022)

  23                                  Key Personnel                                                             [44](#_toc_023)

  24                                  Contractor\'s Representative                                              [44](#_toc_024)

  25                                  Notice to the Government of Delays                                        [45](#_toc_025)

  26                                  Supervision of Contractor\'s Employees                                    [45](#_toc_026)

  27                                  Travel and Transportation                                                 [46](#_toc_027)

  28                                  Nonpersonal Services                                                      [46](#_toc_028)

  29                                  Confidentiality of Data                                                   [46](#_toc_029)

  30                                  Contractor Personnel Clearance and Identity Credentials                   [47](#_toc_030)

  31                                  Wage Determination Applicable                                             [49](#_toc_031)

  32                                  Exceptions to Solicitation Terms and Conditions                           [49](#_toc_032)

  33                                  Pricing of Options \-- Service Contract Act Adjustments                   [49](#_toc_033)

  34                                  Use of PPIRS Past Performance Data                                        [50](#_toc_034)

  35                                  DAMAGE TO GOVERNMENT PROPERTY                                             [50](#_toc_035)

  36                                  COMPUTER DOWNTIME AND DATA LOSS                                           [50](#_toc_036)

  37                                  GOVERNMENT FURNISHED FACILITIES                                           [50](#_toc_037)

  38                                  SOFTWARE MADE AVAILABLE FOR CONTRACTOR USE                                [50](#_toc_038)

  39                                  OVERTIME                                                                  [51](#_toc_039)

  40                                  PERMITS AND LICENSES                                                      [51](#_toc_040)

  SECTION A \--                                                                                [52](#_TOC_A)    
  Solicitation/Contract                                                                                         
  Form                                                                                                          

  A.1                                 Summary of Changes                                                        [52](#_toc_A1)
  ----------------------- ----------- -------------------------------------------------------- ---------------- -----------------

[]{#_TOC_0 .anchor}COMMERCIAL CLAUSES

  ------------- -------- ------------------------------------------------ ---------
  []{#_toc_01   GS2108   Prebid/Preproposal Conference                    July 2001
  .anchor}1                                                               

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

A preproposal conference will be conducted on May 1, 2008 at 10:00 am
central time at the below location to discuss the Government\'s
requirement and answer questions about this solicitation.

US Geological Survey, Hydrological Instrumentation Facility

Building 2101

Stennis Space Center, MS 39529

Offerors planning to attend the conference should notify the Contracting
Officer identified on page 1 of this solicitation at least one work day
in advance of the conference. If the offeror has questions regarding the
solicitation, it is requested that they be submitted in writing in
advance so that answers can be prepared and provided at the conference.

  ------------- ------------------------------------------------------------------
  []{#_toc_02   PERFORMANCE WORK STATEMENT (PWS)
  .anchor}2     

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

PERFORMANCE WORK STATEMENT (PWS)

For

CONTRACTOR PERSONNEL SUPPORT

1.0 OBJECTIVE

The objective of this Performance Work Statement (PWS) is to acquire
personnel support services, both technical and non-technical, to ensure
the mission of the U.S. Geological Survey (USGS), Hydrologic
Instrumentation Facility (HIF), at Stennis Space Center, Mississippi, is
efficiently accomplished. Such services shall encompass tasks within the
HIF Field Service Section, Testing Section, Information Management
Section, and Administrative Section. Contractor personnel support
services are needed to meet the needs of HIF\'s customers and to fulfill
mission requirements.

2.0 BACKGROUND

HIF is a unique instrumentation facility within the Water Resources
Discipline (WRD) of the USGS. HIF supports USGS and other Federal
agencies\' hydrologic data-collection activities through the
identification of needs, development of technical specifications, design
or development of specialized interfaces, contracts and procurements,
testing and evaluation, specialized field applications, repair and
calibration, quality control and assurance, and storage and distribution
of hydrologic instrumentation.

HIF\'s mission is to provide quality equipment and instrumentation
support to its customers.

3.0 REQUIREMENTS

HIF Support Services including warehouse and laboratory support, in
accordance with the PWS at the Hydrological Instrumentation Facility,
Stennis Space Center, MS. Period of Performance is a base and four
option periods covering July l, 2008 through June 30, 2013. Services
include Engineering Technicians, Customer Service Technicians, Warehouse
Inventory Technicians, Electronics Technicians, and Quality Control
Technicians.

The Contractor shall provide fully qualified personnel with sufficient
education, training, and experience to accomplish all work activities
required under this PWS, see Attachment 2 - Labor Category Descriptions.
The Contractor personnel shall apply customer service excellence tactics
in the performance of all duties described in this PWS. Work activities
are involved in the following areas: warehousing, equipment repair and
servicing, equipment testing and evaluation, and information management
and administrative support.

Warehouse Workload Data and Equipment Repair Estimates

Total no. of shipments processed per year 4,950

No. of order lines processed per year 8,300

No. of individual shipments processed per year 1,300

No. of new stock shipments processed per year 150

Total no. of returns processed per year 3,400

No. of stock items in inventory 950

No. of individual pieces in inventory 240,000

Repair Workload Data

Total no. of work orders processed per year 3,500

3.1 Warehousing - The Contractor shall perform warehousing duties, such
as but not limited to, receiving of shipments, storage of stock, picking
orders, packing orders, shipping orders, labeling, material movement,
inventory control of warehouse stock, and providing customer assistance.

3.1.1 Receiving - The Contractor shall perform all requirements and
actions necessary to receive items at this location, including, but not
limited to, the following: verifying shipment to this location,
offloading trucks, inspecting cargo for damage, verifying quantity,
reconciling discrepancies, verifying serial numbers, entering items
received into the HIF-Computerized Support System II (HIF-CSS II),
updating procurement lists, preparing receiving report documentation,
identifying and pulling samples for quality inspection, arranging for
disposition of items, transporting items to and from staging areas for
dissemination and storage, processing accountable property and signing
associated documentation.

Performance Objective: Receive, inspect, sort, and process incoming
shipments

Required Task: Incoming shipments are processed within 8 working hours
of receipt.

Acceptable Quality Level : 95% of incoming shipments are processed
within 8 working hours of receipt.

Performance Objective: Process shipments accurately

Required Task: Shipments shall be accurately verified against shipping
and procurement documentation

Acceptable Quality Level : 98% of incoming shipments are accurately
processed on first attempt.

3.1.2 Storage \-- The Contractor shall ensure that stock is sufficiently
packed, boxed, and labeled for storage. The Contractor shall designate
storage locations and move stock to storage locations as requested.
Inventory control information shall be input into HIF-CSS II. Materials
shall be stored to prevent degradation, corrosion, and other
deficiencies during storage.

3.1.3 Shipping \-- The Contractor shall pick, pack, and prepare orders
for shipment upon request from customers. The Contractor shall ensure
that the material shipped is correctly selected, packed, marked, and
handled. The Contractor shall enter all shipping transactions into Mail
Order System (MOS) software. The Contractor shall determine the need for
special handling based on the characteristics of the item requested,
type of packing, mode of transportation, destination, volume, weight,
terminal requirements and domestic and international in-transit times;
and provide special handling when needed. The Contractor shall research
shipping delays and assist customers in the resolution of all shipping
problems. This may include interactions with FEDEX, or any carrier
(including airlines) transporting the shipment. The Contractor shall
coordinate workload, expedite high priority issues and schedule
deliveries to ensure that a maximum amount of material and supplies
ordered are received by the customer where and when they are needed.

Performance Objective: Pick, pack, and prepare customer orders for
shipment

Required Task: Orders shall be shipped within 24 hours of receipt.

Acceptable Quality Level: 95% of orders are shipped within 24 hours of
receipt.

Performance Objective: Meet customer expectations for priority orders

Required Task: Priority orders shall be shipped in accordance with
customer requests or expectations.

Acceptable Quality Level: 95% of priority are orders filled to meet
customer expectations.

Performance Objective: Fill orders accurately

Required Task: Orders shall be filled in accordance with customer
requests.

Acceptable Quality Level: 98% of orders are accurately filled on first
attempt.

3.1.4 Inventory Control \-- The Contractor shall conduct an inventory of
the entire stock twice during each fiscal year. The Contractor shall use
HIF-CSS II to obtain and record inventory data. The Contractor shall run
an error report on each completed inventory segment to identify all
items having discrepancies and shall reconcile each item having a
discrepancy. The Contractor shall report all unresolved discrepancies to
the Warehouse Project Chief. The Contractor shall report in HIF-CSS II
the explanation for each unresolved discrepancy.

Performance Objective: Perform inventory activities to account for all
warehouse stock

Required Task: A complete inventory shall be completed two times during
the fiscal year.

Acceptable Quality Level : 99% of all stock items are counted (and
reconciled as needed) 2 times during the fiscal year; maintain at least
98% inventory accuracy 100% of the time.

Performance Objective: Process workorders from repair shop

Required Task: Workorders from repair shop shall be processed into stock
or prepared for shipment.

Acceptable Quality Level : 95% of District repair workorders (or items
on backorder) are processed within 8 hours of receipt in warehouse; all
other workorders are processed within 24 hours of receipt.

Performance Objective: Process new stock into inventory

Required Task: New stock items (after acceptance) shall be properly
processed into inventory.

Acceptable Quality Level : 90% of new stock shipments are processed into
inventory within 48 hours of acceptance; shipments are accurately
marked, labeled, and stored in location.

3.1.5 Forklift Certification \-- All warehouse personnel shall be fully
trained and certified by the Contractor to operate a 3000 pound capacity
forklift.

3.2 Equipment Servicing and Repair - The Contractor shall perform all
activities necessary to inspect, assemble, test, troubleshoot, repair,
and calibrate electronic, electromechanical, and mechanical
instrumentation. The Contractor shall also perform duties, such as but
not limited to, providing technical assistance to field personnel,
entering repair records and charges into HIF-CSS II, and contacting
vendors, contractors, or manufacturers to obtain information or resolve
equipment problems.

Performance Objective: Troubleshoot and repair equipment Malfunctioning
equipment shall be repaired to meet equipment performance
specifications, standard operating procedures, and customer
expectations.

Required Task: No more than 3 reworks per year not meeting
specifications; no more than 3 complaints per year from customers that
repairs weren\'t properly made

Acceptable Quality Level: 75% of District repairs are completed within 2
weeks.

Performance Objective: Assemble and fabricate equipment

Required Task: Equipment shall be assembled and fabricated to meet
equipment drawings and specifications and customer needs and
expectations.

Acceptable Quality Level: No more than 3 complaints per year from
customers that work was not completed correctly.

Performance Objective: Provide technical assistance to customers

Required Task: Technical assistance shall be provided in order help
solve field problems or provide information.

Acceptable Quality Level: Response to request for assistance begin
within 1 working day of receipt; no more than 2 complaints per year from
field personnel that unsatisfactory assistance was provided.

Performance Objective: Enter and record repair data in HIF-CSS II

Required Task: Repairs records shall be recorded on a workorder in
HIF-CSS II to provide a traceable path for equipment, failed components,
accounting charges, and customer information.

Acceptable Quality Level: Data are entered at the completion of each
assignment with no more than 1 error per month.

3.3 Equipment Testing and Evaluation \-- The contractor shall perform
all activities necessary to inspect, test and verify calibrations of
sensors and equipment used for hydrologic measurement, such as but not
limited to water-level sensors, electronic instrumentation, and water
quality monitors. The contractor shall also perform duties, such as but
not limited to: providing technical assistance to field personnel,
maintaining appropriate test and laboratory records, entering testing
records and charges in the appropriate database system, writing emails
that document completion of new stock and quality assurance testing,
contacting vendors, contractors, or manufacturers to obtain information
to aid testing of equipment and to resolve testing and equipment
problems.

3.3.1 Testing and evaluation of water-level sensors and other electronic
instrumentation

Performance Objective: Quality assure water level instrumentation

Required Task: Pressure sensors shall be tested over an appropriate
range of pressures and temperatures to ensure compliance to OSW policy.

Acceptable Quality Level: 75% of sensors shall be tested within 30 days
of receipt. 100% of non-evaluation sensors shall be completed with 60
days of receipt.

Performance Objective: Quality assure electronic instrumentation

Required Task: Equipment shall be checked for proper function according
to manufacturer specifications.

Acceptable Quality Level: No more than 3 complaints per year from
customers that checked equipment was not working correctly.

Performance Objective: Maintain proper testing documentation

Required Task: Test and laboratory records that document instrument
performance shall be maintained.

Acceptable Quality Level: Appropriate emails will be sent that document
the completion of new stock and quality assurance testing.

Performance Objective: Evaluation reports are written as requested.

Required Task: Computer test records and data are backed up weekly. Lab
notebooks are up to date.

Acceptable Quality Level: Testing and workorder databases are updated
daily.

Performance Objective: Provide technical assistance to customers

Required Task: Technical assistance shall be provided to help resolve
field problems or to provide information to customers.

Acceptable Quality Level: Response to request for assistance begin
within 1 working day of receipt; no more than 2 complaints per year from
field personnel that unsatisfactory assistance was provided.

3.3.2 Testing and evaluation of water-quality monitors and sensors and
other water-quality instrumentation

Performance Objective: Service water quality instrumentation

Required Task: Equipment shall be cleaned and checked for proper
function. Minor repairs and sensors will be replaced as necessary. Water
quality monitor sensors shall be appropriately calibrated.

Acceptable Quality Level: Over 10 business days at least 16 water
quality monitors are serviced 90% of the time by each person.

Performance Objective: Maintain proper testing documentation

Required Task: Test and laboratory records that document instrument
performance shall be maintained. Appropriate emails will be sent that
document the completion of new stock and quality assurance testing.
Calibrations are recorded for every monitor on the appropriate form.
Records are complete.

Acceptable Quality Level: Charges for sensor repair or replacement are
entered into the appropriate database daily.

Performance Objective: Provide technical assistance to customers

Required Task: Technical assistance shall be provided to help resolve
field problems or to provide information to customers.

Acceptable Quality Level: Response to request for assistance begin
within 1 working day of receipt; no more than 2 complaints per year from
field personnel that unsatisfactory assistance was provided.

3.4 Information Management - The Contractor shall perform the following
tasks:

\- user testing of web development software created by the HIF,

\- edit of data entries in internet software programs,

\- creation of presentations using Power Point,

\- proofread data and format of visual information products; and

\- compilation of reports.

\- word processing in the preparation and update of statistical reports,
equipment specifications, general correspondence, and tables and charts;

\- developing presentations from supplied data using Power Point;

\- entering and revising data relating to procurement, customer service,
travel, NASA work orders, training, and telecommunications into
established software programs or systems and supplying reports
therefrom;

\- developing and maintaining databases that cover a wide range of
administrative functions;

\- assisting with financial management by providing cost analyses and
spending trends for facility services through NASA;

\- maintaining an electronic tracking system for HIF employee training,
ensuring personnel complete required sections within the system on
schedule, registering personnel for courses, and providing details of
the class logistics to attendees;

\- utilizing information technology software to track usage of the
Hydraulics Laboratory facilities by HIF Sections, to identify costs, and
to inform Section Chiefs of amounts to be reimbursed;

\- providing user assistance on Microsoft Word, Excel, and Power Point
to HIF personnel;

\- preparing certificates in conjunction with HIF-sponsored training,
the HIF Outreach Program, and the HIF Suggestion Program;

\- inventorying, shelving, and ordering office supplies;

\- serving as key operator of postage machine, Fax machine, and copy
machines;

\- preparing customer comment cards, envelopes, and forms;

\- assisting with WRD Instrument News mailings by inserting materials
into the envelopes, applying postage, and organizing envelopes in postal
service containers;

\- assembling Outreach Program packages for distribution at events;

\- searching the internet for requested information; and,

\- distributing and mailing procurement documents.

3.6 Deliverables \-- The Contractor shall provide a monthly report that
documents accomplishments, identifies current or future problems, and
provides a summary of costs incurred for the past month and projects
future funding needs.

4.0 SUPPORTING INFORMATION

4.1 Place of Performance \-- Work performed under this contract will be
conducted at the Hydrologic Instrumentation Facility, Building 2101,
Stennis Space Center, Mississippi, using Government Furnished Equipment
and Facilities, as well as Government Furnished materials and
information.

4.2 Hours of Operation \-- The Contractor shall perform the work
required under this PWS anytime between the hours of 6:00am and 6:00pm
each work day, however, the warehouse must be staffed between the hours
of 8:00 am to 4:00 pm each work day.

4.3 Federal Holidays \-- The Contractor is not required to provide
service on the following legal holidays:

New Year\'s Day Labor Day

Washington\'s Birthday Columbus Day

Memorial Day Veterans\' Day

Independence Day Thanksgiving

Christmas Martin Luther King Day

4.4 Key Control \-- The Contractor shall establish and implement methods
of ensuring that all keys issued to the Contractor by the Government are
not lost, or misplaced and are not used by unauthorized persons. No keys
issued the Contractor by the Government shall be duplicated. The
Contractor shall develop procedures covering key control that will be
included in the Contractor quality control plan.

4.5 Period of Performance \-- The period of performance shall be one
year from date of contract award with four option years. The period of
performance may be extended at the request of the Government.

4.6 Government Furnished Property \--The Government shall provide all
the necessary facilities, space, and property for contract performance.

4.7 Information Technology Security Requirements Summary

4.7.1 Background Investigation

Contractor employees who will have access to Federal Information
Technology (IT) systems are subject to background investigations by the
Federal Office of Personnel Management. Procedures for investigations
and obtaining identity credentials are described in clause GS 1414. The
level of investigation required will be the same as would be required
for Federal employees holding positions involving similar duties.

Based on the risk and sensitivity of duties performed and system access
authorities to be granted, the following type of background
investigations will be required, as described in DOl Departmental Manual
Part 441, Chapter 3,
http://elips.doi.gov/app_dm/act_getfiles.cfm?relnum=3631.

4.7.2 Non-disclosure Agreement

Prior to receiving access to USGS computers, contractor employees shall
be required to sign non-disclosure or other system security agreements,
depending on the systems to be used and level of access granted. The
required non-disclosure agreement will be similar to the attached but
may be customized, as needed, to reflect the data involved. Restrictions
on use, duplication, and disclosure of sensitive and proprietary data
are covered in clause GS 1406.

4.7.3 Training

Contractor employees shall complete USGS-defined Federal Information
Systems Security Awareness computer security training before being
granted system access and must renew the training annually. Failure to
complete training within the required timeframe may result in loss of
system access for that user. Contractor employees with significant IT
security responsibilities shall also complete specialized role-based
training.

4.7.4 Personnel Changes

Before starting work, the contractor will provide a listing to the
COR/technical liaison identifying contractor and subcontractor employees
requiring access to USGS systems for performance of work hereunder and
will assign each person a unique user ID. The contractor shall
immediately advise the USGS Project Officer when any of their personnel
no longer require USGS computer access so that those ID\'s and access
privileges can be cancelled. The COR must be notified in advance of any
potentially unfriendly

termination of an employee or subconntractor.

4.7.5 Contractor Location

Not Applicable

4.7.6 Applicable Standards

Not Applicable

4.7.7 Asset Valuation

Asset valuation on USGS systems to which the Contractor may have access
under this contract will be conducted by the Government or another of
its contractors.

4.7.8 Property Rights

Not applicable

4.7.9 Independent Verification and Validation (IV & V)

Not applicable

4.7.10 Certification & Accreditation

Certification and Accreditation on USGS systems to which the Contractor
may have access under this contract will be conducted by the Government
or another of its contractors.

4.7.11 Internet Logon Banner

Not applicable. Contractor will not be required to develop or maintain
any public Internet pages under this contract.

4.7.12. Incident Reporting

Contractor employees must report any computer security incidents
(viruses, intrusion attempts, system compromises, offensive e-mail,
etc.) which may affect Government data or systems in accordance with the
DOl Computer Incident Response Guide. Report computer security incidents
to USGS help desk or Security Point OfContact (SPOC). In many cases,
your local system administrator is your

Security Point OfContact. The help desk or SPOC will investigate and
coordinate with the Computer Security Incident Response Team (CSIRT).

4.7.13 Quality Control (Malicious Code)

All software and hardware shall be free of malicious code.

4.7.14 Self Assessment

Self-assessment on USGS systems to which the Contractor may have access
under this contract will be conducted by the Government or another of
its contractors.

4.7.15 Vulnerability Analysis

Vulnerability Analysis on USGS systems to which the Contractor may have
access under this contract will be conducted by the Government or
another of its contractors.

4.7.16 Logon Banner

When presented with the USGS logon banner, contractor employees shall
read and acknowledge a Government approved logon warning.

4.7.17 Security Controls

Not applicable

4.7.18 Contingency Plan

Not applicable

4.7.19 CONTRACTOR EMPLOYEE NON-DISCLOSURE AGREEMENT

It is understood that as part ofmy official duties under Contract Number
, I may come in contact with

Government procurement sensitive information or proprietary business
information from other contractors (e.g., cost data). I, as an official
Government contractor, certify that I will not disclose, publish,
divulge, release, or make known, in any manner or to any extent, to any
individual other than an appropriate or authorized Government employee,
the content of any procurement sensitive information provided during the
course of my employment. I understand that for the purpose of this
agreement, procurement sensitive

information is to include procurement data, contract information, plans,
strategies and any other information that may be deemed sensitive.

I further certify that I will use proprietary business information only
for official purposes in the performance of Contract No.
\_\_\_\_\_\_\_\_\_\_\_\_\_and will disclose such information only to
those individuals who have a specific need to know in performance of
their official Government duties. I hereby agree not to disclose to
others any contractual information, including, but not limited to,
proprietary information, trade secrets, financial data, technical
proposals which will be presented to me by the Contracting Officer or
other Government Official. I agree that the described information is
\"inside information\" and shall not be used for private gain by myself
or another person, particularly one with whom I have family, business,
or financial ties. For the purposes of this agreement, \"inside
information\" means information obtained under Government authority
which has not become part of the body of public information. I
specifically will not disclose any such information to employees ofmy
company or any other contractor employees who have not signed this
agreement. I will take all reasonable precautions to prevent the
unauthorized disclosure and use of such information.

I hereby certify that I have read the non-disclosure agreement described
above and I am familiar with the directives and policies governing the
disclosure of procurement sensitive information. I will fully and
completely observe these directives and will not disclose such
information to any unauthorized person, or use any information obtained
for private use or gain at any time, including subsequent to the
performance of duties under this contract.

Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(print)

Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(signature)

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_

  ------------- ------------------------------------------------------------------
  []{#_toc_03   Submission Information
  .anchor}3     

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

The USGS intends to award a single, fixed price contract resulting from
proposals submitted in response to this solicitation.

All questions or requests for clarification should be emailed to the
Contracting Officer, Laura Knight at lknight@usgs.gov.

**1. WHAT TO SUBMIT**

Submit Five (5) hard copies of the following:

Management Plan

Personnel Plan

Start-up Plan

Submit one (1) electronic copy of the following:

Past Performance Information

HIF Cost Model revised 5-14

The electronic copies should be submitted on one (1) disk accompanying
the hard copy submissions.

Also, remember to acknowledge the solicitation amendments per FAR
52.212-01(b)(9), and submit representations and certifications per FAR
52.212-03. Both amendment acknowledgement should be in hard copy.
Representations and certifications can be a combination of hard copy and
electronic, see FAR 52.212-03.

a\. Management Plan - In not more than ten pages discuss the following:

The experience and ability of the proposed Program Manager to provide
technical support personnel and program management support. Provide the
Program Manager\'s resume (not part of page limitation).

Provide an example of your specific approach to reporting progress in
terms of tracking and timely reporting of cost and schedule performance.
Specifically address your plan to provide regular and real-time insight
into the cost schedule, and technical performance of the work at the
HIF; and

Submit your company\'s organization chart customized to the effort.
Clearly show lines of communication and authority from the Chief
Executive Officer to the Program Manager. Discuss the specific authority
of the Program Manager to command resources as needed to resolve and
prevent conflicts.

All required facilities, personnel, materials, and third party and
supporting services required in the performance of the project shall be
listed.

b\. Personnel Plan - In not more than five pages, discuss your plans to
recruit and retain a skilled workforce. This discussion must include:

How will qualified individuals be identified and acquired to fulfill HIF
requirements? Include your company\'s policy on hiring non-U.S.
citizens.

Describe process and resources available to your company to fill unique
positions in a timely manner.

Discuss your firm\'s salary review procedures, and identify how fringe
and other benefits are vested.

Provide a detailed breakdown of your fringe benefit package and discuss
eligibility requirements. Include a discussion of your company policies
on compensatory time, uncompensated overtime, and overtime.

Explain the plan for retaining qualified employees and provide career
enhancement and advancement, policy for recognizing exceptional
performance and productivity, and plan to utilize existing on-site
staff.

Specifically, discuss your plans for retaining existing personnel if you
are not the incumbent service provider.

Discuss your track record for retention of employees on similar
contracts.

Provide the number of annual productive work hours.

c\. Start-up Plan - In not more than three pages, discuss the start-up
plan for this contract and discuss how the contractor will ensure that
current technical support services are not interrupted. Include
information on how you will provide phase-out services following the
expiration date of the proposed contract to ensure orderly and efficient
transition to a successor. Provide a milestone chart showing how your
plan will be implemented over time. Assume a Contract Award date of July
1, 2008.

d\. Past Performance - Past performance information provided by
references, from Government records, or from other sources may be used
in the evaluation. Not subject to page limitation, provide the following
information for all similar Government contracts performed over the past
five years:

1\. Contract number

2\. Customer name and current address

3\. Description of the effort

4\. Current Cognizant Negotiator or Contracting Officer and telephone
number

5\. Current Contract Technical Manager or Contracting Officer\'s
Technical Representative (COTR) and telephone number

6\. Period of performance

7\. Average number of personnel assigned to the contract

8\. Contract type

9\. Starting cost or price

10\. Current or final cost or price. If different from starting cost or
price, include an explanation of the difference.

e\. Cost Model - Your proposal will require completion (in Excel format)
of the Cost Model (Attachment 1) and submission of other information
requested below.

For each labor category listed in the attached Cost Model, the offeror
must submit fully loaded labor rates for the basic contract year and for
each of the four planned follow-on years. For the non-exempt labor
categories covered by the Service Contract Act, the loaded rate for the
Base Year should be used for all years. Future adjustments will be made
based on Department of Labor Wage Determinations and incorporated into
the contract when options are exercised. In addition to proposed labor
rates, offerors must propose all other direct costs that may be required
for managing the contract including the direct cost of Program
Management. Loaded rates should include the direct cost, G&A, profit, or
any other burden to be applied. All formulas used must be shown.

Page Limitations: A page is defined as one side of a sheet, 8 1/2\" x
11\", with at least one inch margins on all sides, using not smaller
than 12 point type. Foldouts count as an equivalent number of 8 1/2\" x
11\" pages.

**2. HOW WE WILL EVALUATE**

The Government will make source selection using the Best Value
Continuum, Trade-off process in accordance with FAR 15.101-1.

In determining which proposal offers the greatest value or advantage to
the Government, overall technical merit will be about equal in
importance to the evaluated price or cost to the Government. Price or
cost will become the determining factor between proposals judged to be
essentially equal in technical merit. While the Government anticipates
award based on both technical superiority and price, no award will be
made based on superior technical capability when the proposed cost or
price is considered unreasonable or when the additional cost or price is
not justified by the advantages of an award based on technical
superiority. For evaluation of cost/price, the Government will consider
the Base Year and all Option Years.

Technical merit will be determined based on the following evaluation
factors listed in descending order of importance:

1\. Management Plan

2\. Personnel Plan

3\. Start Up Plan

4\. Past Performance

  ------------- -------------- ------------------------------------------------ ---------
  []{#_toc_04   52.000S-5026   Invoice Requirements                             May 2005
  .anchor}4                                                                     

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

INVOICE REQUIREMENTS. Invoices must be submitted in original and 1 copy
to the \"Billing Office\" designated on this order. To constitute a
proper invoice, the invoice must include the information required by
paragraphs (a)(3)(i) through (a)(3)(x) of the clause 52,232-25, Prompt
Payment. Electronic funds transfer (EFT) banking information is required
to be submitted with or before the invoice only if the Contracting
Officer has exempted the vendor from CCR registration.

  ------------- ----------- ------------------------------------------------ ---------
  []{#_toc_05   52.204-04   Printed or Copied Double-Sided on Recycled Paper August
  .anchor}5                                                                  2000

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

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

\"Postconsumer material\" means a material or finished product that has
served its intended use and has been discarded for disposal or recovery,
having completed its life as a consumer item. Postconsumer material is a
part of the broader category of \"recovered material.\" For paper and
paper products, postconsumer material means \"postconsumer fiber\"
defined by the U.S. Environmental Protection Agency (EPA) as---

\(1\) Paper, paperboard, and fibrous materials from retail stores,
office buildings, homes, and so forth, after they have passed through
their end-usage as a consumer item, including: used corrugated boxes;
old newspapers; old magazines; mixed waste paper; tabulating cards; and
used cordage; or

\(2\) All paper, paperboard, and fibrous materials that enter and are
collected from municipal solid waste; but not

\(3\) Fiber derived from printers\' over-runs, converters\' scrap, and
over-issue publications.

\"Printed or copied double-sided\" means printing or reproducing a
document so that information is on both sides of a sheet of paper.

\"Recovered material,\" for paper and paper products, is defined by EPA
in its Comprehensive Procurement Guideline as \"recovered fiber\" and
means the following materials:

\(1\) Postconsumer fiber; and

\(2\) Manufacturing wastes such as---

\(i\) Dry paper and paperboard waste generated after completion of the
papermaking process (that is, those manufacturing operations up to and
including the cutting and trimming of the paper machine reel into
smaller rolls or rough sheets) including: envelope cuttings, bindery
trimmings, and other paper and paperboard waste resulting from printing,
cutting, forming, and other converting operations; bag, box, and carton
manufacturing wastes; and butt rolls, mill wrappers, and rejected unused
stock; and

\(ii\) Repulped finished paper and paperboard from obsolete inventories
of paper and paperboard manufacturers, merchants, wholesalers, dealers,
printers, converters, or others.

\(b\) In accordance with Section 101 of Executive Order 13101 of
September 14, 1998, Greening the Government through Waste Prevention,
Recycling, and Federal Acquisition, the Contractor is encouraged to
submit paper documents, such as offers, letters, or reports, that are
printed or copied double-sided on recycled paper that meet minimum
content standards specified in Section 505 of Executive Order 13101,
when not using electronic commerce methods to submit information or data
to the Government.

\(c\) If the Contractor cannot purchase high-speed copier paper, offset
paper, forms bond, computer printout paper, carbonless paper, file
folders, white wove envelopes, writing and office paper, book paper,
cotton fiber paper, and cover stock meeting the 30 percent postconsumer
material standard for use in submitting paper documents to the
Government, it should use paper containing no less than 20 percent
postconsumer material. This lesser standard should be used only when
paper meeting the 30 percent postconsumer material standard is not
obtainable at a reasonable price or does not meet reasonable performance
standards.

(End of clause)

  ------------- ----------- ------------------------------------------------ ---------
  []{#_toc_06   52.252-02   Clauses Incorporated by Reference                
  .anchor}6                                                                  

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

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

http://www.acquisition.gov/far/

http://www.doi.gov/pam/aindex.html

  ----------------- ---------------------------------------- -------------
  **Clause**        **Title**                                **Date**

  52.212-01         Instructions to Offerors\--Commercial    November 2007
                    Items                                    

  52.212-04         Contract Terms and                       February 2007
                    Conditions\--Commercial Items            
  ----------------- ---------------------------------------- -------------

  ------------- ----------- ------------------------------------------------ ----------
  []{#_toc_07   52.212-03   Offeror Representations and Certifications -     November
  .anchor}7                 Commercial Items                                 2007

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

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

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

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

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

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

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

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

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

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

\(3\) FSG 88, Live Animals;

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

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

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

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

\(8\) FSC 9610, Ores;

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

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

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

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

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

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

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

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

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

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

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

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

\"Women-owned business concern\" means a concern which is at least 51
percent owned by one or more women; or in the case of any publicly owned
business, at least 51 percent of 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 will be performed in the United States or its
outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

Number of Employees Average Annual Gross Revenues

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

\(2\) Foreign End Products:

Line Item No. Country of Origin

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

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

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

\[List as necessary\]

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

(g)(1) Buy American Act\--Free Trade Agreements\--Israeli Trade Act
Certificate. (Applies only if the clause at FAR 52.225-3, Buy American
Act\--Free Trade Agreements\--Israeli Trade Act, is included in this
solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic
end product and that the offeror has considered components of unknown
origin to have been mined, produced, or manufactured outside the United
States. The terms \"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.

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

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

Canadian End Products:

Line Item No.

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

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

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

\[List as necessary\]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

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

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

\[List as necessary\]

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

\(i\) The offeror certifies that each end product, except those listed
in paragraph (g)(4)(ii) of this provision, is a U.S.-made 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. 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.

\(h\) Certificcation Regarding Debarment, Suspension or Ineligibility
for Award (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\--

\(1\) \[ \] 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 the three-year period preceding
this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a Federal, state or local
government contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, or receiving stolen
property; and

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

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

\(1\) Listed end products.

Listed End Product Listed Countries of Origin

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

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

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

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

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

\(j\) 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-

\(1\) \[ \] 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

\(2\) \[ \] Outside the United States.

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

\[ \] (1) Maintenance, calibration, or repair of certain equipment as
described in FAR 22.1003-4(c)(1). The offeror does . does not certify
that¡ª

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

\(ii\) The services will be furnished at prices which are, or are based
on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii))
for the maintenance, calibration, or repair of such equipment; and

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

\[ \] (2) Certain services as described in FAR 22.1003-4(d)(1). The
offeror . does . does not certify that¡ª

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

\(ii\) The contract services will be furnished at prices that are, or
are based on, established catalog or market prices (see FAR
22.1003-4(d)(2)(iii));

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

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

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

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

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

(l)(1) Annual Representations and Certifications. Any changes provided
by the offeror in paragraph (l)(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. After reviewing the ORCA database information, the
offeror verifies by submission of this offer that the representations
and certifications currently posted electronically at FAR 52.212-03,
Offeror Representations and Certifications¡ªCommercial Items, have been
entered or updated in the last 12 months, are current, accurate,
complete, and applicable to this solicitation (including the business
size standard applicable to the NAICS code referenced for this
solicitation), as of the date of this offer and are incorporated in this
offer by reference (see FAR 4.1201), except for paragraphs
\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[Offeror to identify the applicable paragraphs at (b) through (k) 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.\]

(End of provision)

  ------------- ----------- ------------------------------------------------ ----------
  []{#_toc_08   52.212-05   Contract Terms and Conditions Required to        February
  .anchor}8                 Implement Statutes or Executive                  2008
                            Orders\--Commercial Items                        

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

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

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEC 2007)

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

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

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

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

\[Contracting Officer check as appropriate.\]

\_\_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government
(Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C.
2402).

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

\_\_ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (JULY 2005) (if the offeror elects to waive the
preference, it shall so indicate in its offer) (15 U.S.C. 657a).

\_\_ (4) \[Reserved\]

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

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

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

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

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

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

\_\_ (8)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (15
U.S.C. 637(d)(4).

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

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

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

\_\_ (10) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999)
(15 U.S.C. 637(d)(4)(F)(i)).

\_\_ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (SEPT 2005) (10 U.S.C. 2323) (if the
offeror elects to waive the adjustment, it shall so indicate in its
offer).

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

\_\_ (12) 52.219-25, Small Disadvantaged Business Participation
Program-Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355,
section 7102, and 10 U.S.C. 2323).

\_\_ (13) 52.219-26, Small Disadvantaged Business Participation
Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section
7102, and 10 U.S.C. 2323).

\_X\_ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned
Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

\_

\_X\_ (15) 52.219-28, Post Award Small Business Program Rerepresentation
(June 2007) (15 U.S.C. 632(a)(2)).

\_X\_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

\_\_ (17) 52.222-19, Child Labor-Cooperation with Authorities and
Remedies (Aug 2007) (E.O. 13126).

\_X\_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

\_X\_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

\_\_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38
U.S.C. 4212).

\_X\_ (21) 52.222-36, Affirmative Action for Workers with Disabilities
(Jun 1998) (29 U.S.C. 793).

\_\_ (22) 52.222-37, Employment Reports on Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38
U.S.C. 4212).

\_\_ (23) 52.222-39, Notification of Employee Rights Concerning Payment
of Union Dues or Fees (Dec 2004) (E.O. 13201).

\_X\_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007)
(Applies to all contracts).

\_\_ (ii) Alternate I (Aug 2007) of 52.222-50.

\_\_ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material
Content for EPA-Designated Products (Aug 2000) (42 U.S.C.
6962(c)(3)(A)(ii)).

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

\_\_ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC
2007) (42 U.S.C. 8259b).

\_\_ (27) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C.
10a-10d).

\_\_ (28)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli
Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C.
2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

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

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

\_\_ (29) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).

\_\_ (30) 52.225-13, Restrictions on Certain Foreign Purchases (Feb
2006) (E.o.s, proclamations, and statutes administered by the Office of
Foreign Assets Control of the Department of the Treasury).

\_\_ (31) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov
2007) (42 U.S.C. 5150).

\_\_ (32) 52.226-5, Restrictions on Subcontracting Outside Disaster or
Emergency Area (Nov 2007) (42 U.S.C. 5150).

\_\_ (33) 52.232-29, Terms for Financing of Purchases of Commercial
Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

\_\_ (34) 52.232-30, Installment Payments for Commercial Items (Oct
1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

\_X\_ (35) 52.232-33, Payment by Electronic Funds Transfer-Central
Contractor Registration (Oct 2003) (31 U.S.C. 3332).

\_\_ (36) 52.232-34, Payment by Electronic Funds Transfer-Other than
Central Contractor Registration (May 1999) (31 U.S.C. 3332).

\_\_ (37) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

\_X\_ (38) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.
552a).

\_\_ (39)(i) 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).

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

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

\[Contracting Officer check as appropriate.\]

\_X\_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C.
351, et seq.).

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

In compliance with the Service Contract Act of 1965, as amended, and the
regulations of the Secretary of Labor (29 CFR Part 4), this clause
identifies the classes of service employees expected to be employed
under the contract and states the wages and fringe benefits payable to
each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

Grade Hourly

GS - \_5\_ \$\_14.24\_\_\_\_\_\_\_\_

GS - \_7\_ \$\_17.64\_\_\_\_\_\_\_\_

GS - \_9\_ \$\_21.58\_\_\_\_\_\_\_\_

GS - \_11\_ \$\_26.11\_\_\_\_\_\_\_\_

GS - \_12\_ \$\_31.30\_\_\_\_\_\_\_\_

GS - \_13\_ \$\_37.22\_\_\_\_\_\_\_\_

\[Contracting officer to insert GS grade and pay rate for applicable
geographical location.

See http://internal.usgs.gov/ops/hro/pay/paycharts/index.html for GS
rates.\]

\_X\_ (3) 52.222-43, Fair Labor Standards Act and Service Contract
Act-Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29
U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

\_\_ (5) 52.222-51, Exemption from Application of the Service Contract
Act to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

\_\_ (6) 52.222-53, Exemption from Application of the Service Contract
Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C.
351, et seq.).

\_\_ (7) 52.237-11, Accepting and Dispensing of \$1 Coin (Aug 2007) (31
U.S.C. 5112(p)(1)).

\(d\) 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 settelement. Records
relating to appeals under the disputes clause or to litigation or the
settlement of claims arising under or relating to this contract shall be
made available until such appeals, litigation, or claims are finally
resolved.

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

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

\(i\) 52.219-8, Utilization of Small Business Concerns (May 2004) (15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further
subcontracting opportunities. If the subcontract (except subcontracts to
small business concerns) exceeds \$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 (Mar 2007) (E.O. 11246).

\(iii\) 52.222-35, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38
U.S.C. 4212).

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

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

\(vi\) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C.
351, et seq.).

\(vii\) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22
U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of
FAR clause 52.222-50.

\(viii\) 52.222-51, Exemption from Application of the Service Contract
Act to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

\(ix\) 52.222-53, Exemption from Application of the Service Contract Act
to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C.
351, et seq.).

\(x\) 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.

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

(End of clause)

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.\"

  ------------- ----------- ------------------------------------------------ ---------
  []{#_toc_09   52.216-01   Type of Contract                                 April
  .anchor}9                                                                  1984

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

The Government contemplates award of a Firm Fixed Price Award consisting
of one Base Year with four Option Years contract resulting from this
solicitation.

  -------------- ----------- ------------------------------------------------ ----------
  []{#_toc_010   52.217-08   Option to Extend Services                        November
  .anchor}10                                                                  1999

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

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. These rates may
be adjusted only as a result of revisions to prevailing labor rates
provided by the Secretary of Labor. The option provision may be
exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may
exercise the option by written notice to the Contractor within seven
calendar days before the end of the contract period provided that the
Government gives the Contractor a preliminary written notice of its
intent to extend at least thirty calendar days before the contract
expires. The preliminary notice does not commit the Government to an
extension.

(End of clause)

  -------------- ----------- ------------------------------------------------ ---------
  []{#_toc_011   52.217-09   Option to Extend the Term of the Contract        March
  .anchor}11                                                                  2000

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

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

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

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

(End of clause)

  -------------- ----------- ------------------------------------------------ ---------
  []{#_toc_012   52.219-27   Notice of Total Service-Disabled Veteran-Owned   May 2004
  .anchor}12                 Small Business Set-Aside                         

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

\(a\) Definition. \"Service-disabled veteran-owned small business
concern\"-

\(1\) Means a small business concern-

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

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

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

\(b\) General.

\(1\) Offers are solicited only from service-disabled veteran-owned
small business concerns. Offers received from concerns that are not
service-disabled veteran-owned small business concerns shall not be
considered.

\(2\) Any award resulting from this solicitation will be made to a
service-disabled veteran-owned small business concern.

\(c\) Agreement. A service-disabled veteran-owned small business concern
agrees that in the performance of the contract, in the case of a
contract for-

\(1\) Services (except construction), at least 50 percent of the cost of
personnel for contract performance will be spent for employees of the
concern or employees of other service-disabled veteran-owned small
business concerns;

\(2\) Supplies (other than acquisition from a nonmanufacturer of the
supplies), at least 50 percent of the cost of manufacturing, excluding
the cost of materials, will be performed by the concern or other
service-disabled veteran-owned small business concerns;

\(3\) General construction, at least 15 percent of the cost of the
contract performance incurred for personnel will be spent on the
concern\'s employees or the employees of other service-disabled
veteran-owned small business concerns; or

\(4\) Construction by special trade contractors, at least 25 percent of
the cost of the contract performance incurred for personnel will be
spent on the concern\'s employees or the employees of other
service-disabled veteran-owned small business concerns.

\(d\) A joint venture may be considered a service-disabled veteran owned
small business concern if-

\(1\) At least one member of the joint venture is a service-disabled
veteran-owned small business concern, and makes the following
representations: That it is a service-disabled veteran-owned small
business concern, and that it is a small business concern under the
North American Industry Classification Systems (NAICS) code assigned to
the procurement;

\(2\) Each other concern is small under the size standard corresponding
to the NAICS code assigned to the procurement; and

\(3\) The joint venture meets the requirements of paragraph 7 of the
explanation of Affiliates in 19.101 of the Federal Acquisition
Regulation.

\(4\) The joint venture meets the requirements of 13 CFR 125.15(b)

\(e\) Any service-disabled veteran-owned small business concern
(nonmanufacturer) must meet the requirements in 19.102(f) of the Federal
Acquisition Regulation to receive a benefit under this program.

(End of clause)

  -------------- ----------- ------------------------------------------------ -----------
  []{#_toc_013   52.233-02   Service of Protest                               September
  .anchor}13                                                                  2006

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

\(a\) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the Government Accountability Office (GAO),
shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from the following
address:

USGS - ERAGB

Attn: Felton Jones

12201 Sunrise Valley Dr. MS 152

Reston, VA 20192

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

  -------------- ----------- ------------------------------------------------ ---------
  []{#_toc_014   52.233-03   Protest after Award                              August
  .anchor}14                                                                  1996

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

\(a\) Upon receipt of a notice of protest (as defined in FAR 33.101) or
a determination that a protest is likely (see FAR 33.102(d)), the
Contracting Officer may, by written order to the Contractor, direct the
Contractor to stop performance of the work called for by this contract.
The order shall be specifically identified as a stop-work order issued
under this clause. Upon receipt of the order, the Contractor shall
immediately comply with its terms and take all reasonable steps to
minimize the incurrence of costs allocable to the work covered by the
order during the period of work stoppage. Upon receipt of the final
decision in the protest, the Contracting Officer shall either\--

\(1\) Cancel the stop-work order; or

\(2\) Terminate the work covered by the order as provided in the
Default, or the Termination for Convenience of the Government, clause of
this contract.

\(b\) If a stop-work order issued under this clause is canceled either
before or after a final decision in the protest, the Contractor shall
resume work. The Contracting Officer shall make an equitable adjustment
in the delivery schedule or contract price, or both, and the contract
shall be modified, in writing, accordingly, if\--

\(1\) The stop-work order results in an increase in the time required
for, or in the Contractor\'s cost properly allocable to, the performance
of any part of this contract; and

\(2\) The Contractor asserts its right to an adjustment within 30 days
after the end of the period of work stoppage; provided, that if the
Contracting Officer decides the facts justify the action, the
Contracting Officer may receive and act upon a proposal at any time
before final payment under this contract.

\(c\) If a stop-work order is not canceled and the work covered by the
order is terminated for the convenience of the Government, the
Contracting Officer shall allow reasonable costs resulting from the
stop-work order in arriving at the termination settlement.

\(d\) If a stop-work order is not canceled and the work covered by the
order is terminated for default, the Contracting Officer shall allow, by
equitable adjustment or otherwise, reasonable costs resulting from the
stop-work order.

\(e\) The Government\'s rights to terminate this contract at any time
are not affected by action taken under this clause.

\(f\) If, as the result of the Contractor\'s intentional or negligent
misstatement, misrepresentation, or miscertification, a protest related
to this contract is sustained, and the Government pays costs, as
provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require
the Contractor to reimburse the Government the amount of such costs. In
addition to any other remedy available, and pursuant to the requirements
of Subpart 32.6, the Government may collect this debt by offsetting the
amount against any payment due the Contractor under any contract between
the Contractor and the Government.

  -------------- ----------- ------------------------------------------------ ---------
  []{#_toc_015   52.245-01   Government Property (June 2007) - Alt I          June 2007
  .anchor}15     (Alt I)                                                      

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

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

\"Acquisition cost\" means the cost to acquire a tangible capital asset
including the purchase price of the asset and costs necessary to prepare
the asset for use. Costs necessary to prepare the asset for use include
the cost of placing the asset in location and bringing the asset to a
condition necessary for normal or expected use.

\"Cannibalize\" means to remove serviceable parts from one Item of
equipment in order to install them on another item of equipment.

\"Contractor-acquired property\" means property acquired, fabricated, or
otherwise provided by the Contractor for performing a contract, and to
which the Government has title.

\"Contractor inventory\" means-

\(1\) Any property acquired by and in the possession of a Contractor or
subcontractor under a contract for which title is vested in the
Government and which exceeds the amounts needed to complete full
performance under the entire contract;

\(2\) Any property that the Government is obligated or has the option to
take over under any type of contract, e.g., as a result either of any
changes in the specifications or plans thereunder or of the termination
of the contract (or subcontract thereunder), before completion of the
work, for the convenience or at the option of the Government; and

\(3\) Government-furnished property that exceeds the amounts needed to
complete full performance under the entire contract.

\(4\) \"Contractor\'s managerial personnel\" means the Contractor\'s
directors, officers, managers, superintendents, or equivalent
representatives who have supervision or direction of-

\(1\) All or substantially all of the Contractor\'s business;

\(2\) All or substantially all of the Contractor\'s operation at any one
plant or separate location; or

\(3\) A separate and complete major industrial operation.

\"Demilitarization\" means rendering a product unusable for, and not
restorable to, the purpose for which it was designed or is customarily
used.

\"Discrepancies incident to shipment\" means any differences (e.g.,
count or condition) between the items documented to have been shipped
and items actually received.

\"Equipment\" means a tangible asset that is functionally complete for
its intended purpose, durable, nonexpendable, and needed for the
performance of a contract. Equipment is not intended for sale, and does
not ordinarily lose its identity or become a component part of another
article when put into use.

\"Government-furnished property\" means property in the possession of,
or directly acquired by, the Government and subsequently furnished to
the Contractor for performance of contract.

\"Government property\" means all property owned or leased by the
Government. Government property includes both Government-furnished and
Contractor-acquired property.

\"Material\" means property that may be consumed or expended during the
performance of a contract, component parts of a higher assembly, or
items that lose their individual identity through incorporation into an
end-item. Material does not include equipment, special tooling and
special test equipment.

\"Nonseverable\" means property that cannot be removed after
construction or installation without substantial loss of value or damage
to the installed property or to the premises where installed.

\"Plant equipment\" as used in this part, means personal property of a
capital nature (including equipment, machine tools, test equipment,
furniture, vehicles, and accessory and auxiliary items) for use in
manufacturing supplies, in performing services, or for any
administrative or general plant purpose. It does not include special
tooling or special test equipment.

\"Precious metals\" means silver, gold, platinum, palladium, iridium,
osmium, rhodium, and ruthenium.

\"Property\" means all tangible property, both real and personal.
\"Property Administrator\" means an authorized representative of the
Contracting Officer appointed in accordance with agency procedures,
responsible for administering the contract requirements and obligations
relating to Government property in the possession of a Contractor.

\"Provide\" means to furnish, as in Government-furnished property, or to
acquire, as in contractor-acquired property.

\"Real property\" means land and rights in land, ground improvements,
utility distribution systems, and buildings and other structures. It
does not include foundations and other work necessary for installing
special tooling, special test equipment, or plant equipment.

\"Sensitive property\" means property potentially dangerous to the
public safety or security if stolen, lost, or misplaced, or that shall
be subject to exceptional physical security, protection, control, and
accountability. Examples include weapons, ammunition, explosives,
controlled substances, radioactive materials, hazardous materials or
wastes, or precious metals.

\"Surplus property\" means excess personal property not required by any
Federal agency as determined by the Administrator of the General
Services Administration (GSA).

\(b\) Property management. (1) The Contractor shall have a system to
manage (control, use, preserve, protect, repair and maintain) Government
property in its possession. The system shall be adequate to satisfy the
requirements of this clause. In doing so, the Contractor shall initiate
and maintain the processes, systems, procedures, records, and
methodologies necessary for effective control of Government property,
consistent with voluntary consensus standards and/or industry-leading
practices and standards for Government property management except where
inconsistent with law or regulation. During the period of performance,
the Contractor shall disclose any significant changes to their property
management system to the Property Administrator prior to implementation.

\(2\) The Contractor\'s responsibility extends from the initial
acquisition and receipt of property, through stewardship, custody, and
use until formally relieved of responsibility by authorized means,
including delivery, consumption, expending, disposition, or via a
completed investigation, evaluation, and final determination for lost,
damaged, destroyed, or stolen property. This requirement applies to all
Government property under the Contractor\'s accountability, stewardship,
possession or control, including its vendors or subcontractors (see
paragraph (f)(1)(v) of this clause).

\(3\) The Contractor shall include the requirements of this clause in
all subcontracts under which Government property is acquired or
furnished for subcontract performance.

\(c\) Use of Government property. The Contractor shall use Government
property, either furnished or acquired under this contract, only for
performing this contract, unless otherwise provided for in this contract
or approved by the Contracting Officer. The Contractor shall not modify,
cannibalize, or make alterations to Government property unless this
contract specifically identifies the modifications, alterations or
improvements as work to be performed.

\(d\) Government-furnished property. (1) The Government shall deliver to
the Contractor the Government-furnished property described in this
contract. The Government shall furnish related data and information
needed for the intended use of the property. The warranties of
suitability of use and timely delivery of Government-furnished property
do not apply to property acquired or fabricated by the Contractor as
contractor-acquired property and subsequently transferred to another
contract with this Contractor.

\(2\) The delivery and/or performance dates specified in this contract
are based upon the expectation that the Government-furnished property
will be suitable for contract performance and will be delivered to the
Contractor by the dates stated in the contract.

\(i\) If the property is not delivered to the Contractor by the dates
stated in the contract, the Contracting Officer shall, upon the
Contractor\'s timely written request, consider an equitable adjustment
to the contract.

\(ii\) In the event property is received by the Contractor, or for
Government-furnished property after receipt and installation, in a
condition not suitable for its intended use, the Contracting Officer
shall, upon the Contractor\'s timely written request, advise the
Contractor on a course of action to remedy the problem. Such action may
include repairing, replacing, modifying, returning, or otherwise
disposing of the property at the Government\'s expense. Upon completion
of the required action(s), the Contracting Officer shall consider an
equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A)
of this clause).

\(iii\) The Government may, at its option, furnish property in an
\"as-is\" condition. The Contractor will be given the opportunity to
inspect such property prior to the property being provided. In such
cases, the Government makes no warranty with respect to the
serviceability and/or suitability of the property for contract
performance. Any repairs, replacement, and/or refurbishment shall be at
the Contractor\'s expense.

\(3\) (i) The Contracting Officer may by written notice, at any time-

\(A\) Increase or decrease the amount of Government-furnished property
under this contract;

\(B\) Substitute other Government-furnished property for the property
previously furnished, to be furnished, or to be acquired by the
Contractor for the Government under this contract; or

\(C\) Withdraw authority to use property.

\(ii\) Upon completion of any action(s) under paragraph (d)(3)(i) of
this clause, and the Contractor\'s timely written request, the
Contracting Officer shall consider an equitable adjustment to the
contract.

\(e\) Title to Government property. (1) The Government shall retain
title to all Government-furnished property. Title to Government property
shall not be affected by its incorporation into or attachment to any
property not owned by the Government nor shall Government property
become a fixture or lose its identity as personal property by being
attached to any real property.

\(2\) Fixed-price contracts. (i) All Government-furnished property and
all property acquired by the Contractor, title to which vests in the
Government under this paragraph (collectively referred to as
\"Government property\"), are subject to the provisions of this clause.

\(ii\) Title to each item of equipment, special test equipment and
special tooling acquired by the Contractor for the Government under this
contract shall pass to and vest in the Government when its use in
performing this contract commences or when the Government has paid for
it, whichever is earlier, whether or not title previously vested in the
Government.

\(iii\) If this contract contains a provision directing the Contractor
to purchase material for which the Government will reimburse the
Contractor as a direct item of cost under this contract-

\(A\) Title to material purchased from a vendor shall pass to and vest
in the Government upon the vendor\'s delivery of such material; and

\(B\) Title to all other material shall pass to and vest in the
Government upon-

\(1\) Issuance of the material for use in contract performance;

\(2\) Commencement of processing of the material or its use in contract
performance; or

\(3\) Reimbursement of the cost of the material by the Government,
whichever occurs first.

\(3\) Title under Cost-Reimbursement or Time-and-Material Contracts or
Cost-Reimbursable contract line items under Fixed-Price contracts. (i)
Title to all property purchased by the Contractor for which the
Contractor is entitled to be reimbursed as a direct item of cost under
this contract shall pass to and vest in the Government upon the
vendor\'s delivery of such property.

\(ii\) Title to all other property, the cost of which is reimbursable to
the Contractor, shall pass to and vest in the Government upon-

\(A\) Issuance of the property for use in contract performance;

\(B\) Commencement of processing of the property for use in contract
performance; or

\(C\) Reimbursement of the cost of the property by the Government,
whichever occurs first.

\(iii\) All Government-furnished property and all property acquired by
the Contractor, title to which vests in the Government under this
paragraph (e)(3)(iii) (collectively referred to as \"Government
property\"), are subject to the provisions of this clause.

\(f\) Contractor plans and systems. (1) Contractors shall establish and
implement property management plans, systems, and procedures at the
contract, program, site or entity level to enable the following
outcomes:

\(i\) Acquisition of Property. The Contractor shall document that all
property was acquired consistent with its engineering, production
planning, and material control operations.

\(ii\) Receipt of Government Property. The Contractor shall receive
Government property (document the receipt), record the information
necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1)
through (5) of this clause, identify as Government owned in a manner
appropriate to the type of property (e.g., stamp, tag, mark, or other
identification), and manage any discrepancies incident to shipment.

\(A\) Government-furnished property. The Contractor shall furnish a
written statement to the Property Administrator containing all relevant
facts, such as cause or condition and a recommended course(s) of action,
if overages, shortages, or damages and/or other discrepancies are
discovered upon receipt of Government-furnished property.

\(B\) Contractor-acquired property. The Contractor shall take all
actions necessary to adjust for overages, shortages, damage and/or other
discrepancies discovered upon receipt, in shipment of
Contractor-acquired property from a vendor or supplier, so as to ensure
the proper allocability and allowability of associated costs.

\(iii\) Records of Government property. The Contractor shall create and
maintain records of all Government property accountable to the contract,
including Government-furnished and Contractor-acquired property.

\(A\) Property records shall enable a complete, current, auditable
record of all transactions and shall, unless otherwise approved by the
Property Administrator, contain the following:

\(1\) The name, part number and description, manufacturer, model number,
and National Stock Number (if needed for additional item identification
tracking and/or disposition).

\(2\) Quantity received (or fabricated), issued, and balance-on-hand.

\(3\) Unit acquisition cost.

\(4\) Unique-item identifier or equivalent (If available and necessary
for individual item tracking).

\(5\) Unit of measure.

\(6\) Accountable contract number or equivalent code designation.

\(7\) Location.

\(8\) Disposition.

\(9\) Posting reference and date of transaction.

\(10\) Date placed in service.

\(B\) Use of a Receipt and Issue System for Government Material. When
approved by the Property Administrator, the Contractor may maintain, in
lieu of formal property records, a file of appropriately
cross-referenced documents evidencing receipt, issue, and use of
material that is issued for immediate consumption.

\(iv\) Physical inventory. The Contractor shall periodically perform,
record, and disclose physical inventory

results. A final physical inventory shall be performed upon contract
completion or termination. The Property Administrator may waive this
final inventory requirement, depending on the circumstances (e.g.,
overall reliability of the Contractor\'s system or the property is to be
transferred to a follow-on contract).

\(v\) Subcontractor control. (A) The Contractor shall award subcontracts
that clearly identify assets to be provided and shall ensure appropriate
flow down of contract terms and conditions (e.g., extent of liability
for loss, damage, destruction or theft of Government property).

\(B\) The Contractor shall assure its subcontracts are properly
administered and reviews are periodically performed to determine the
adequacy of the subcontractor\'s property management system.

\(vi\) Reports. The Contractor shall have a process to create and
provide reports of discrepancies; loss, damage, destruction, or theft;
physical inventory results; audits and self-assessments; corrective
actions; and other property related reports as directed by the
Contracting Officer.

\(A\) Loss, damage, destruction, or theft. Unless otherwise directed by
the Property Administrator, the Contractor shall investigate and
promptly furnish a written narrative of all incidents of loss, damage,
destruction, or theft to the property administrator as soon as the facts
become known or when requested by the Government.

\(B\) Such reports shall, at a minimum, contain the following
information:

\(1\) Date of incident (if known).

\(2\) The name, commercial description, manufacturer, model number, and
National Stock Number (if applicable).

\(3\) Quantity.

\(4\) Unique Item Identifier (if available).

\(5\) Accountable Contract number.

\(6\) A statement indicating current or future need.

\(7\) Acquisition cost, or if applicable, estimated scrap proceeds,
estimated repair or replacement costs.

\(8\) All known interests in commingled property of which the Government
property is a part.

\(9\) Cause and corrective action taken or to be taken to prevent
recurrence.

\(10\) A statement that the Government will receive any reimbursement
covering the loss, damage, destruction, or theft, in the event the
Contractor was or will be reimbursed or compensated.

\(11\) Copies of all supporting documentation.

\(12\) Last known location.

\(13\) A statement that the property did or did not contain sensitive or
hazardous material, and if so, that the appropriate agencies were
notified.

\(vii\) Relief of stewardship responsibility. Unless the contract
provides otherwise, the Contractor shall be relieved of stewardship
responsibility for Government property when such property is-

\(A\) Consumed or expended, reasonably and properly, or otherwise
accounted for, in the performance of the contract, including reasonable
inventory adjustments of material as determined by the Property
Administrator; or a Property Administrator granted relief of
responsibility for loss, damage, destruction or theft of Government
property;

\(B\) Delivered or shipped from the Contractor\'s plant, under
Government instructions, except when shipment is to a subcontractor or
other location of the Contractor; or

\(C\) Disposed of in accordance with paragraphs (j) and (k) of this
clause.

\(viii\) Utilizing Government property. (A) The Contractor shall
utilize, consume, move, and store Government Property only as authorized
under this contract. The Contractor shall promptly disclose and report
Government property in its possession that is excess to contract
performance.

\(B\) Unless otherwise authorized in this contract or by the Property
Administrator the Contractor shall not commingle Government property
with property not owned by the Government.

\(ix\) Maintenance. The Contractor shall properly maintain Government
property. The Contractor\'s maintenance program shall enable the
identification, disclosure, and performance of normal and routine
preventative maintenance and repair. The Contractor shall disclose and
report to the Property Administrator the need for replacement and/or
capital rehabilitation.

\(x\) Property closeout. The Contractor shall promptly perform and
report to the Property Administrator contract property closeout, to
include reporting, investigating and securing closure of all loss,
damage, destruction, or theft cases; physically inventorying all
property upon termination or completion of this contract; and disposing
of items at the time they are determined to be excess to contractual
needs.

\(2\) The Contractor shall establish and maintain Government accounting
source data, as may be required by this contract, particularly in the
areas of recognition of acquisitions and dispositions of material and
equipment.

\(3\) The Contractor shall establish and maintain procedures necessary
to assess its property management system effectiveness, and shall
perform periodic internal reviews and audits. Significant findings
and/or results of such reviews and audits pertaining to Government
property shall be made available to the Property Administrator.

\(g\) Systems analysis. (1) The Government shall have access to the
contractor\'s premises and all Government property, at reasonable times,
for the purposes of reviewing, inspecting and evaluating the
Contractor\'s property management plan, systems, procedures, records,
and supporting documentation that pertains to Government property.

\(2\) Records of Government property shall be readily available to
authorized Government personnel and shall be safeguarded from tampering
or destruction.

\(3\) Should it be determined by the Government that the Contractor\'s
property management practices are inadequate or not acceptable for the
effective management and/or control of Government property under this
contract, and/or present an undue risk to the Government, the Contractor
shall immediately take all necessary corrective actions as directed by
the Property Administrator.

\(4\) The Contractor shall ensure Government access to subcontractor
premises, and all Government property located at subcontractor premises,
for the purposes of reviewing, inspecting and evaluating the
subcontractor\'s property management plan, systems, procedures, records,
and supporting documentation that pertains to Government property.

\(h\) Contractor Liability for Government Property. (1)The Contractor
assumes the risk of, and shall be responsible for, any loss, damage,
destruction, of theft of Government property upon its delivery to the
Contractor as Government-furnished property. However, the Contractor is
not responsible for reasonable wear and tear to Government property or
for Government property properly consumed in performing this contract.

\(i\) The risk is covered by insurance or the Contractor is otherwise
reimbursed (to the extent of such insurance or reimbursement). The
allowability of insurance costs shall be determined in accordance with
31.205-19.

\(ii\) The loss, damage, destruction, or theft is the result of willful
misconduct or lack of good faith on the part of the Contractor\'s
managerial personnel. Contractor\'s managerial personnel, in this
clause, means the Contractor\'s directors, officers, managers,
superintendents, or equivalent representatives who have supervision or
direction of all or substantially all of the Contractor\'s business; all
or substantially all of the Contractor\'s operation at any one plant or
separate location; or a separate and complete major industrial
operation.

\(iii\) The Contracting Officer has, in writing, revoked the
Government\'s assumption of risk for loss, damage, destruction, or
theft, due to a determination under paragraph (g) of this clause that
the Contractor\'s property management practices are inadequate, and/or
present an undue risk to the Government, and the Contractor failed to
take timely corrective action. If the Contractor can establish by clear
and convincing evidence that the loss, damage, destruction, or theft of
Government property occurred while the Contractor had adequate property
management practices or the loss, damage, destruction, or theft of
Government property did not result from the Contractor\'s failure to
maintain adequate property management practices, the Contractor shall
not be held liable.

\(2\) The Contractor shall take all reasonable actions necessary to
protect the Government property from further loss, damage, destruction,
or theft. The Contractor shall separate the damaged and undamaged
Government property, place all the affected Government property in the
best possible order, and take such other action as the Property
Administrator directs.

\(3\) The Contractor shall do nothing to prejudice the Government\'s
rights to recover against third parties for any loss, damage,
destruction, or theft of Government property.

\(4\) Upon the request of the Contracting Officer, the Contractor shall,
at the Government\'s expense, furnish to the Government all reasonable
assistance and cooperation, including the prosecution of suit and the
execution of instruments of assignment in favor of the Government in
obtaining recovery.

\(i\) Equitable adjustment. Equitable adjustments under this clause
shall be made in accordance with the procedures of the Changes clause.
The right to an equitable adjustment shall be the Contractor\'s
exclusive remedy and the Government shall not be liable to suit for
breach of contract for the following:

\(1\) Any delay in delivery of Government-furnished property.

\(2\) Delivery of Government-furnished property in a condition not
suitable for its intended use.

\(3\) An increase, decrease, or substitution of Government-furnished
property.

\(4\) Failure to repair or replace Government property for which the
Government is responsible.

\(j\) Contractor inventory disposal. Except as otherwise provided for in
this contract, the Contractor shall not dispose of Contractor inventory
until authorized to do so by the Plant Clearance Officer.

\(1\) Scrap to which the Government has obtained title under paragraph
(e) of this clause. (i) Contractor with an approved scrap procedure. (A)
The Contractor may dispose of scrap resulting from production or testing
under this contract without Government approval. However, if the scrap
requires demilitarization or is sensitive property, the Contractor shall
submit the scrap on an inventory disposal schedule.

\(B\) For scrap from other than production or testing the Contractor may
prepare scrap lists in lieu of inventory disposal schedules (provided
such lists are consistent with the approved scrap procedures), except
that inventory disposal schedules shall be submitted for scrap aircraft
or aircraft parts and scrap that-

\(1\) Requires demilitarization;

\(2\) Is a classified item;

\(3\) Is generated from classified items;

\(4\) Contains hazardous materials or hazardous wastes;

\(5\) Contains precious metals; or

\(6\) Is dangerous to the public health, safety, or welfare.

\(ii\) Contractor without an approved scrap procedure.

The Contractor shall submit an inventory disposal schedule for all
scrap. The Contractor may not dispose of scrap resulting from production
or testing under this contract without Government approval.

\(2\) Predisposal requirements. (i) Once the Contractor determines that
Contractor-acquired property is no longer needed for contract
performance, the Contractor in the following order of priority-

\(A\) May contact the Contracting Officer if use of the property in the
performance of other Government contracts is practical;

\(B\) May purchase the property at the acquisition cost; or

\(C\) Shall make reasonable efforts to return unused property to the
appropriate supplier at fair market value (less, if applicable, a
reasonable restocking fee that is consistent with the supplier\'s
customary practices).

\(ii\) The Contractor shall list, on Standard Form 1428, Inventory
Disposal Schedule, property that was not used in the performance of
other Government contracts under paragraph

(j)(2)(i)(A) of this clause, property that was not purchased under
paragraph (j)(2)(i)(B) of this clause, and property that could not be
returned to a supplier under paragraph (j)(2)(i)(C) of ths clause.

\(3\) Inventory disposal schedules. (i) The Contractor shall use
Standard Form 1428, Inventory Disposal Schedule, to identify-

\(A\) Government-furnished property that is no longer required for
performance of this contract, provided the terms of another Government
contract do not require the Government to furnish that property for
performance of this contract;

\(B\) Contractor-acquired property, to which the Government has obtained
title under paragraph (e) of this clause, which is no longer required
for performance of that contract; and

\(C\) Termination inventory.

\(ii\) The Contractor may annotate inventory disposal schedules to
identify property the Contractor wishes to purchase from the Government.

\(iii\) Unless the Plant Clearance Officer has agreed otherwise, or the
contract requires electronic submission of inventory disposal schedules,
the Contractor shall prepare separate inventory disposal schedules for-

\(A\) Special test equipment with commercial components;

\(B\) Special test equipment without commercial components;

\(C\) Printing equipment;

\(D\) Information technology (e.g., computers, computer components,
peripheral equipment, and related equipment);

\(E\) Precious metals;

\(F\) Nonnuclear hazardous materials or hazardous wastes; or

\(G\) Nuclear materials or nuclear wastes.

\(iv\) The Contractor shall describe the property in sufficient detail
to permit an understanding of its intended use. Property with the same
description, condition code, and reporting location may be grouped in a
single line item.

\(4\) Submission requirements. The Contractor shall submit inventory
disposal schedules to the Plant Clearance Officer no later than-

\(i\) 30-days following the Contractor\'s determination that a
Government property item is no longer required for performance of this
contract;

\(ii\) 60 days, or such longer period as may be approved by the Plant
Clearance Officer, following completion of contract deliveries or
performance; or

\(iii\) 120 days, or such longer period as may be approved by the
Termination Contracting Officer following contract termination in whole
or in part.

\(5\) Corrections. The Plant Clearance Officer may-

\(i\) Reject a schedule for cause (e.g., contains errors, determined to
be inaccurate); and

\(ii\) Require the Contractor to correct an inventory disposal schedule.

\(6\) Postsubmission adjustments. The Contractor shall notify the Plant
Clearance Officer at least 10 working days in advance of its intent to
remove an item from an approved inventory disposal schedule. Upon
approval of the Plant Clearance Officer, or upon expiration of the
notice period, the Contractor may make the necessary adjustments to the
inventory schedule.

\(7\) Storage. (i) The Contractor shall store the property identified on
an inventory disposal schedule pending receipt of disposal instructions.
The Government\'s failure to furnish disposal instructions within 120
days following acceptance of an inventory disposal schedule may entitle
the Contractor to an equitable adjustment for costs incurred to store
such property on or after the 121st day.

\(ii\) The Contractor shall obtain the Plant Clearance Officer\'s
approval to remove Government property from the premises where the
property is currently located prior to receipt of final disposition
instructions. If approval is granted, any costs incurred by the
Contractor to transport or store the property shall not increase the
price or fee of any Government contract. The storage facility shall be
appropriate for assuring the property\'s physical safety and suitability
for use. Approval does not relieve the Contractor of any liability for
such property under this contract.

\(8\) Disposition instructions. (i) If the Government does not furnish
disposition instructions to the Contractor within 45 days following
acceptance of a scrap list, the Contractor may dispose of the listed
scrap in accordance with the Contractor\'s approved scrap procedures.

\(ii\) The Contractor shall prepare for shipment, deliver f.o.b. origin,
or dispose of Contractor inventory as directed by the Plant Clearance
Officer. If not returned to the Government, the Contractor shall remove
and destroy any markings identifying the property as U.S.
Government-owned property prior to its disposal.

\(iii\) The Contracting Officer may require the Contractor to
demilitarize the property prior to shipment or disposal. In such cases,
the Contractor may be entitled to an equitable adjustment under
paragraph (i) of this clause.

\(9\) Disposal proceeds. As directed by the Contracting Officer, the
Contractor shall credit the net proceeds from the disposal of Contractor
inventory to the contract, or to the Treasury of the United States as
miscellaneous receipts.

\(10\) Subcontractor inventory disposal schedules. The Contractor shall
require its Subcontractors to submit inventory disposal schedules to the
Contractor in accordance with the requirements of paragraph (j)(4) of
this clause.

\(k\) Abandonment of Government property. (1) The Government shall not
abandon sensitive Government property or termination inventory without
the Contractor\'s written consent.

\(2\) The Government, upon notice to the Contractor, may abandon any
nonsensitive Government property in place, at which time all obligations
of the Government regarding such property shall cease.

\(3\) The Government has no obligation to restore or rehabilitate the
Contractor\'s premises under any circumstances; however, if
Government-furnished property is withdrawn or is unsuitable for the
intended use, or if other Government property is substituted, then the
equitable adjustment under paragraph (i) of this clause may properly
include restoration or rehabilitation costs.

\(l\) Communication. All communications under this clause shall be in
writing.

\(m\) Contracts outside the United States. If this contract is to be
performed outside of the United States and its outlying areas, the words
\"Government\" and \"Government-furnished\" (wherever they appear in
this clause) shall be construed as \"United States Government\" and
\"United States Government-furnished,\" respectively.

(End of clause)

  -------------- -------------- ------------------------------------------------ ---------
  []{#_toc_016   52.900S-1006   Prevention of Malicious Code                     March
  .anchor}16                                                                     2005

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

\(a\) Definitions

Malicious code is a computer code developed for the purpose of causing
some form of intentional damage to computer systems or networks.
Malicious code may be a complete program or code imbedded in software
programs that appear to provide useful functions. The term includes
computer viruses and other destructive programs, such as \"Trojan
Horses\" and network \"worms.\"

\(b\) The contractor must have in place an anti-virus procedure to
ensure that media supplied is uncontaminated by malicious code.

\(c\) The contractor is required to scan all delivered software to
insure it is free of malicious code prior to its installation or
operation on USGS-owned computers or contractor-owned computers
connected to USGS computer systems or networks. Contractors using
diagnostics software disks or connecting to a non-USGS computer while
performing repairs or upgrades to a USGS computer will scan the serviced
computer\'s drive(s) to insure they are free of malicious code upon
completion of the service call, or prior to return of serviced
equipment, if servicing is performed off-site.

  -------------- ------------- ------------------------------------------------ ---------
  []{#_toc_017   1452.228-70   Liability Insurance - Department of the Interior July 1998
  .anchor}17                                                                    

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

\(a\) The Contractor shall procure and maintain during the term of this
contract and any extension

thereof liability insurance in form satisfactory to the Contracting
Officer by an insurance company

which is acceptable to the Contracting Officer. The named insured
parties under the policy shall be

the Contractor and the United States of America. The amounts of the
insurance shall be not less than

as follows:

\$\_\_100,000\_\_ each person\*

\$\_\_100,000\_\_\_\_\_\_ each occurrence\*

\$\_\_250,000\_\_\_\_\_\_ property damage\*

\(b\) Each policy shall have a certificate evidencing the insurance
coverage. The insurance company

shall provide an endorsement to notify the Contracting Officer 30 days
prior to the effective date of

cancellation or termination of the policy or certificate; or
modification of the policy or certificate

which may adversely affect the interest of the Government in such
insurance. The certificate shall

identify the contract number, the name and address of the Contracting
Officer, as well as the insured,

the policy number and a brief description of contract services to be
performed. The contractor shall

furnish the Contracting Officer with a copy of an acceptable insurance
certificate prior to beginning

the work.

\*These amounts to be set by the Contracting Officer.

{End of clause}

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_018   GS0330   Section 508 Applicable Standards                 July 2001
  .anchor}18                                                               

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

The resources acquired in this investment must meet all applicable
standards established by the Access Board in 36 CFR Part 1194, including
technical, functional performance, information, documentation, and
support standards. The products, services, information and data that are
provided to the Government or the public as a result of this acquisition
shall afford individuals with disabilities access comparable to that
afforded to individuals without disabilities.

Standards applicable to this acquisition include:

\_\_\_ Software Applications and Operating Systems 1194.21

\_\_\_ Web-based Intranet and Internet Information and Applications
1194.22

\_\_\_ Telecommunications Products 1194.23

\_\_\_ Video or Multimedia Products 1194.24

\_\_\_ Self-Contained, Closed Products 1194.25

\_\_\_ Desktop and Portable Computers 1194.26

\_X\_ Functional performance criteria 1194.31

\_X\_ Information, Documentation, and Support 1194.41

The full text of the above referenced standards can be found at:
http://www.section508.gov/final_text.html .

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_019   GS0925   Unscheduled Closures - Fixed Price               March
  .anchor}19                                                               2003

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

\(a\) The USGS facility where contractor employees are working may
occasionally be closed temporarily and federal employees dismissed, such
as for inclement weather, holiday early closings, power outages, or
other emergencies. In these cases, the Contracting Officer or COR will
advise the contractor whether any of the contractor\'s activities on
Government facilities are considered critical and require continued
performance. In most cases, the Contractor will be required to dismiss
employees at Government facilities who are performing noncritical tasks
after federal employees are dismissed.

\(b\) If the unscheduled closure causes an increase in the cost of
contract performance or if any contract term or condition is affected by
the closure, the Contractor may request an adjustment pursuant to Clause
FAR 52.242-17 Government Delay of Work.

\(c\) Contractor performance at locations that are not affected by the
unscheduled closure will not be subject to this clause.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_020   GS1102   Contracting Officer\'s Representative \--        July 2001
  .anchor}20              Technical Direction                              

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

\(a\) The Contracting Officer will designate a Contracting Officer\'s
Representative (COR) at time of award. The COR will be appointed in
writing and a copy of the appointment will be furnished to the
contractor. Changes in this delegation will be made by written changes
to the existing appointment or by issuance of a new appointment.

\(b\) The COR will be responsible for technical monitoring of the
contractor\'s performance and deliveries. The COR is not authorized to
perform, formally or informally, any of the following actions:

\(1\) Promise, award, agree to award, or execute any contract, contract
modification, or notice of intent that changes or may change this
contract;

\(2\) Waive or agree to modification of the delivery schedule;

\(3\) Make any final decision on any contract matter subject to the
Disputes Clause;

\(4\) Terminate, for any reason, the contractor\'s right to proceed;

\(5\) Obligate in any way, the payment of money by the Government. Only
a warranted Contracting Officer is authorized to obligate funds on this
or any other contract action.

\(c\) The contractor shall immediately notify the Contracting Officer in
writing if the COR has taken an action (or fails to take action) or
issues direction (written or oral) that the contractor considers to
exceed the above limitations.

\(d\) The contractor shall provide the Contracting Officer information
copies of all correspondence to the COR.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_021   GS1104   Availability of Funds under Continuing           July 2001
  .anchor}21              Resolution                                       

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

\(a\) In the event funding is appropriated under one or more Continuing
Resolutions covering less than the full fiscal year, the Contracting
Officer will advise the Contractor in writing of the amount of funds
available and the period of performance covered by such funding. Under a
Continuing Resolution, the contract price will be prorated for the
period of time covered by the Continuing Resolution.

\(b\) The Government\'s obligation under this contract for performance
after the period covered by any Continuing Resolution is contingent upon
the availability of additional appropriated funds from which payment for
contract purposes can be made. No legal liability on the part of the
Government for any payment in excess of the amount obligated hereunder
may arise until funds are made available to the Contracting Officer for
this contract and the Contractor receives notice of such availability,
to be confirmed in writing by the Contracting Officer. Until such notice
is received, the contractor is not obligated or authorized to continue
performance beyond the period covered by previously obligated funds.

\(c\) In the event of a lapse in funding upon expiration of an annual
appropriation or Continuing Resolution, the contractor will not be paid
for any costs incurred during the unfunded period, including unrecovered
indirect costs, unless and until funds are appropriated and authorized
for retroactive payment of Government employees and contractors. If
nonavailability of contract funding requires the contractor to suspend
work, the contractor will entitled to an equitable adjustment under the
clause FAR 52.242-14, Suspension of Work, if and when the Contractor is
notified by the Contracting Officer that additional appropriations are
available to resume performance under the contract.

\(d\) If the Government has not provided additional funds to resume
performance within 30 days after expiration of the period established in
(a) above, the contractor may, by written notice, require that the
contract be considered to be completed without prejudice to him or
further liability to the Government. Such a termination shall not be
considered to be a termination for convenience under the terms of the
clause FAR 52.249-02, Termination for Convenience of the Government.

\(e\) The provisions of this clause also apply in the event future full
year appropriations are not available for funding of option periods.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_022   GS1310   Organizational Conflicts of Interest\--General   July 2001
  .anchor}22                                                               

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

\(a\) The term \"organizational conflict of interest\" means a situation
where a contractor has interests, either due to its other activities or
its relationships with other organizations, which place it in a position
that may be unsatisfactory or unfavorable (i) from the Government\'s
standpoint in being able to secure impartial, technically sound,
objective assistance and advice from the contractor, or in securing the
advantages of adequate competition in its procurement; or (ii) from
industry\'s standpoint in that unfair competitive advantages may accrue
to the contractor in question.

\(b\) The contractor agrees that, if after award he discovers an
organizational conflict of interest with respect to this contract, he
shall make an immediate and full disclosure in writing to the
Contracting Officer, which shall include a description of the action
which the contractor has taken or proposes to take to avoid, eliminate,
or neutralize the conflict. The Government may, however, terminate the
contract for the convenience of the Government if it would be in the
best interests of the Government.

\(c\) In the event that the contractor was aware of organizational
conflict of interest prior to the award of this contract and failed to
disclose the conflict to the Contracting Officer, the Government may
terminate the contract at no cost to the Government.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_023   GS1330   Key Personnel                                    July 2001
  .anchor}23                                                               

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

\(a\) The Contractor shall assign to this contract the following key
personnel to the identified positions/functions:

Position/Function Name

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

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

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

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

(Offeror must fill in names of proposed key personnel, as presented in
the technical proposal.)

\(b\) During the first 90 days of performance, the Contractor shall make
no substitutions of key personnel unless the substitution is
necessitated by illness, death, or termination of employment. The
Contractor shall notify the Contracting Officer within 15 calendar days
after the occurrence of any of these events and provide the information
required by paragraph (c) below. After the initial 90-day period, the
Contractor shall submit the information required by paragraph (c) to the
Contracting Officer at least 15 days prior to making any permanent
substitutions.

\(c\) The Contractor shall provide a detailed explanation of the
circumstances necessitating the proposed substitutions, complete resumes
for the proposed substitutes, and any additional information requested
by the Contracting Officer. Proposed substitutes must possess
qualifications comparable to the original key person, as well as
satisfying any minimum standards set forth elsewhere in the
solicitation/contract. The Contracting Officer will notify the
Contractor within 15 calendar days after receipt of all required
information of the decision on substitutions. This clause will be
modified to reflect any approved changes of key personnel.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_024   GS1332   Contractor\'s Representative                     July 2001
  .anchor}24                                                               

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

\(a\) Upon contract award, the contractor shall furnish to the
contracting officer the name of the person he has designated and
assigned exclusively to this contract as his agent or representative.
The contractor\'s representative shall exercise overall management
responsibility for the contract effort, receive technical direction, and
handle problems arising under the contract, such as dismissals,
disciplinary matters, etc. The contractor\'s representative is further
responsible for coordinating matters of mutual concern with the
Government representatives. In the event questions of responsibility
arise, they shall be resolved by the contracting officer or his
authorized representative.

\(b\) The contractor\'s representative may not be diverted to other
projects for 14 consecutive days or more without giving prior written
notification to the contracting officer or his representative. Such
notification shall include a justification for the diversion, together
with information on the proposed substitute in sufficient detail to
permit analysis of any potential negative effects on contract
performance. No substitution shall be made without the written consent
of the contracting officer; provided, however, that the contracting
officer may grant such consent retroactively. Any such substitution of a
permanent nature will be made a part of this contract through the
issuance of a modification.

\(c\) When the Contractor\'s Representative is temporarily unavailable
to manage the contract effort for a period longer than 72 hours,
including absences due to vacation or illness, the contractor will
provide to the COR a written designation of an alternate representative,
itemizing any limitations in the alternate\'s authority. The procedures
of paragraph (b) above do not apply to such temporary designations
unless they are expected to exceed the time period indicated in that
paragraph.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_025   GS1338   Notice to the Government of Delays               July 2001
  .anchor}25                                                               

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

In the event the contractor encounters difficulty in meeting performance
requirements, or when it anticipates difficulty in complying with the
contract delivery schedule or date, or whenever the contractor has
knowledge that any actual or potential situation is delaying or
threatens to delay the timely performance of this contract, the
contractor shall immediately notify the contracting officer and the COR
(if one has been designated), in writing, giving pertinent details. This
data shall be informational only in character. Notice under this
provision shall not be construed as a waiver by the Government of any
delivery schedule or date or of any rights or remedies provided by law
or under this contract.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_026   GS1350   Supervision of Contractor\'s Employees           July 2007
  .anchor}26                                                               

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

\(a\) Personnel assigned to render services under this contract shall at
all times be employees of the Contractor (or a subcontractor) and under
the direction and control of the Contractor. Notwithstanding any other
provisions of this contract, the Contractor shall at all times be
responsible for the supervision of its employees in the performance of
the services required hereunder.

\(b\) If the Contractor finds clarification necessary with respect to
the scope of services to be performed or the manner in which the
services are to be performed hereunder, he shall request in writing such
clarification from the Contracting Officer.

\(c\) Contractor personnel shall not at any time during the contract
period be employees of the U.S. Government.

\(d\) The contractor\'e employees and subcontractors must make clear, in
dealings with the public, federal employees, or other contractors that
they are not federal employees. To minimize possible confusion,
contractors and subcontractors are not permitted to wear clothing or
other items (apart from official identity credential) bearing the name,
logo, or seal of the U.S. Geological Survey while performing work under
this contract.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_027   GS1359   Travel and Transportation                        July 2001
  .anchor}27                                                               

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

\(a\) The contractor shall be reimbursed for actual transportation costs
and travel allowances of contractor employees in accordance with the
travel cost principle in FAR 31.205, and Government Travel Regulations.
Charges exceeding the amounts established in the Government Travel
Regulations for individuals engaged in comparable functions may be
disallowed as unreasonable unless approved in advance by the Contracting
Officer.

\(b\) Costs for air transportation will not be reimbursed in an amount
greater than the cost of commercially scheduled economy class (tourist)
air travel by the most expeditious route, except as provided in the
applicable cost principles cited in paragraph (a) above.

\(c\) All travel itineraries not included in the contractor\'s approved
cost proposal for the contract or individual task order must receive the
prior written approval of the contracting officer.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_028   GS1362   Nonpersonal Services                             July 2007
  .anchor}28                                                               

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

a\. This contract is a "nonpersonal services contract" as defined in FAR
37.101. It is therefore, understood and agreed that the contractor
and/or the contractor's employees: (1) shall perform the services
specified herein as independent contractors, not as employees of the
government; (2) shall be responsible for their own management and
administration of the work required and bear sole responsibility for
complying with any and all technical, schedule, or financial
requirements or constraints attendant to the performance of this
contract; (3) shall be free from supervision or control by any
government employee with respect to the manner or method of performance
of the services specified; but (4) shall, pursuant to the government's
right and obligation to inspect, accept or reject the work, comply with
such general direction of the CO, or the duly authorized representative
of the CO as is necessary to ensure accomplishment of the contract
objectives.

b\. The contractor\'e employees and subcontractors must make clear, in
dealings with the public, federal employees, or other contractors that
they are not federal employees. To minimize possible confusion,
contractors and subcontractors are not permitted to wear clothing or
other items (apart from official identity credential) bearing the name,
logo, or seal of the U.S. Geological Survey while performing work under
this contract.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_029   GS1406   Confidentiality of Data                          October
  .anchor}29                                                               2005

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

\(a\) The work under this contract requires access to proprietary,
business confidential, or financial data of other companies and/or USGS
internal scientific, planning or procurement sensitive/source selection
data, which, if released to third parties may give unfair business,
technical, or competitive advantages. As long as such data remains
proprietary or confidential, the contractor shall protect such data from
unauthorized use and disclosure and agrees not to use it to compete with
such companies or for any purpose other than performance of this
contract.

\(b\) This data may be in various forms, such as documents, raw
photographic films, magnetic or digital media, photographic prints,
computer system data, or it may be interpretative results derived from
analysis, investigative, or study effort. Regardless of the form of this
data, the contractor agrees that neither it nor any of its employees
will disclose to third parties any such data, or derivatives thereof,
except as may be required in the performance of this contract. Further,
the contractor will not copy any of this data, or derivatives thereof,
other than as necessary for the performance of this contract.

\(c\) The contractor will establish policies and procedures to implement
the substance of this clause at the individual employee level which will
assure that affected employees are made aware of the contract provision
and the contractor\'s implementing policies and procedures. Particular
attention will be given to keeping employees advised of statutes and
regulations applicable to the handling of third party confidential or
financial data.

\(d\) This clause does not preclude the contractor and/or its employees
from independently acquiring and using data from legitimate sources
outside of this contract, or from performing and using independent
analysis of data so acquired, provided that the contractor and/or its
employees fully document the source of such data, and the independence
of any such analysis.

\(e\) The Contractor shall immediately notify, in writing, the
Contracting Officer in the event that the Contractor determines or has
reason to suspect a breach of this requirement.

\(f\) The contractor will insert the substance of this clause in each
subcontract hereunder (other than for purchase of supplies or equipment)
unless the Contracting Officer has waived this requirement, in writing,
as to particular subcontracts or classes of subcontracts.

\(g\) Any unauthorized disclosure of information may result in
termination of this contract for cause.

  -------------- -------- ------------------------------------------------ ----------
  []{#_toc_030   GS1414   Contractor Personnel Clearance and Identity      November
  .anchor}30              Credentials                                      2005

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

\(a\) USGS rules regarding physical security and personnel security
apply to all personnel in USGS facilities. The rules are contained in
the following directives, available at
http://www.usgs.gov/usgs-manual/handbook/index.html:

Physical Security Handbook 440-2-H

National Security Position Handbook (440-7-H)

\(b\) Each contractor (or subcontractor) employee requiring recurring
access to USGS facilities and/or information systems will be required to
submit to a background investigation in accordance with USGS National
Security Position Handbook (440-7-H). The type of background
investigation required is based on the risk/sensitivity level
designation, as described in the Statement of Work. For most facilities,
this clearance is required to obtain a USGS-issued identification
credential (badge), but the investigation is required whether or not the
facility has a badging/credential policy. This clearance/credential
requirement does not apply if the contractor does not have any
unsupervised IT system access and will only need building access for
less than 6 months or only occasional building access (such as for
periodic equipment maintenance). In those cases, building procedures for
visitors will be applied.

\(c\) At least 2 weeks before starting work, the contractor will provide
a listing to the COR/technical liaison identifying contractor and
subcontractor employees requiring access to USGS facilities or systems
for performance of work hereunder.

\(d\) The contractor employees are required to complete the applicable
clearance request forms provided by the COR. The following forms, or
their equivalent may be used to initiate the credentialing process: SF
85 or SF 85-P (which includes authorization for credit check), SF 86,
OF-306, and/or other forms designated for this purpose by the Office of
Personnel Management (OPM), Federal Protective Service, or other federal
agency in whose space work will be performed under this contract. The SF
86 must be completed on-line at http://www.opm.gov/e-qip/ and printed
out by the employee. Contractor employees must present themselves for
fingerprinting, together with the printed SF 86, other completed forms,
at least 14 calendar days before starting work under this contract. If
fewer than 14 days remain before the scheduled start of contract
performance, the contractor employee may be allowed temporary,
supervised access but must complete this application process as soon as
practicable, normally within a day of his or her first arrival at the
facility. An employee\'s refusal to provide or authorize provision of
information may constitute grounds for denial or revocation of
credentials. Government personnel may contact the
contractor/subcontractor employee being screened or investigated in
person, by telephone or in writing, and the contractor agrees to make
them available for such contact. If a contractor a employee already
holds a credential issued by a federal agency after clearance through
OPM, provide documentation supporting this status to the COR. USGS
security officials will determine if the existing clearance can be
accepted without further investigation.

\(e\) Badges/credentials issued upon satisfactory completion of a
preliminary National Agency Check (NAC) may be revoked if the subsequent
NAC with Inquiries (NACI) investigation produces an unfavorable
determination. Individuals who do not pass the background investigation
cannot be permitted to hold a building pass, allowed entry into the
building for contract work, or permitted access to USGS systems (whether
remote or on-site). In such cases, the Contractor will be required to
sign (or have their subcontractor sign) a notification form indicating
that their employee has been informed of the results of the background
check. The Government will be the final authority in determining access
privileges. The Government\'s exercise of its right to grant and revoke
the access of particular individual(s) to its facilities, systems, or
parts thereof shall not constitute a breach or change to the Contract,
regardless of it impact on any individual\'s ability to perform work
under the Contract.

\(f\) During all operations on Government premises, contractor personnel
shall comply with the rules and regulations governing the conduct of
personnel and the operation of the facility. Government-issued identity
credentials must be worn upon entry and displayed at all times while on
federally controlled property, unless otherwise instructed by the COR.

\(g\) The Government reserves the right to require a re-submission of
clearance forms and a new background investigation at any time. Failure
to provide the documents within the specified time period will result in
removal of the employee until such time that the documents are submitted
and clearance granted. Should removal be necessary, salary/wages and
other costs associated with the removed employee are not allowable or
allocable under this contract. If removal would result in understaffing
or non-performance of contract requirements, the Contractor shall
provide a qualified and cleared replacement. Failure to do so will
entitle to Government to a downward adjustment in price reflecting the
reduced level of performance.

\(h\) When any of their personnel leaves the company\'s employ, is
reassigned to other work, or otherwise no longer requires access to USGS
facilities or USGS computer systems, the contractor shall immediately
advise the USGS COR so that those user accounts and credentials can be
cancelled. The contractor will ensure that the ID badge and keys (if
any) are retrieved and promptly returned to the COR, who will forward
them to the issuing USGS security official. The COR must be notified in
advance of any potentially unfriendly termination of an employee or
subcontractor.

\(i\) The contractor will report any lost keys or badges to the COR
within 24 hours. The COR will relay the information to the responsible
building security officials. All badges and keys shall be returned to
the COR at the completion of this contract.

\(j\) The requirements of this clause must be included in any
subcontracts in which subcontract workers will need building or
unsupervised system access as described in paragraph (b).

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_031   GS1440   Wage Determination Applicable                    July 2001
  .anchor}31                                                               

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

In the performance of this contract, the contractor shall comply with
the requirements of U.S. Department of Labor Wage Determination Number
WD 5-2302 (Rev.-5) dated 09/25/2007.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_032   GS2114   Exceptions to Solicitation Terms and Conditions  July 2001
  .anchor}32                                                               

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

Offerors must state in their proposals any exceptions taken to the terms
and conditions of the solicitation. Omission of such a statement will be
construed as the offeror\'s acceptance of all solicitation terms and
conditions. Exceptions shall be stated in a cover letter conveying the
proposal. Identify the term or condition, state the reasons for the
exception, and provide any other information concerning the
exception(s).

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_033   GS2121   Pricing of Options \-- Service Contract Act      April
  .anchor}33              Adjustments                                      2006

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

\(a\) The offeror shall submit prices for the option periods by assuming
that the minimum hourly wages and fringe benefits established by the
Administrator, Wage and Hour Division, U.S. Department of Labor, for the
initial base period of performance will apply throughout the life of the
contract. Future adjustments for wage and fringe benefit cost increases
resulting from incorporation of Wage Determination increases will be
made in accordance with FAR 52.222-43, Fair Labor Standards Act and
Service Contract Act\--Price Adjustment (Multiple Year and Option
Contracts).

\(b\) Projected out year increases for positions exempt from the Service
Contract Act and for other costs must be included in the contractor\'s
initial proposal.

  -------------- -------- ------------------------------------------------ ---------
  []{#_toc_034   GS2130   Use of PPIRS Past Performance Data               January
  .anchor}34                                                               2003

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

In the source selection process, USGS may use past performance
information contained in the federal Past Performance Information
Retrieval System (PPIRS.GOV), in addition to any past performance data
required elsewhere this this solicitation.

  -------------- ------------------------------------------------------------------
  []{#_toc_035   DAMAGE TO GOVERNMENT PROPERTY
  .anchor}35     

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

Nothing in the above paragraphs shall preclude the Government from
receiving the benefits of any insurance the contractor may carry which
provides for indemnification for any loss or destruction of, or damage
to Government property in the custody and care of the contractor. The
contractor shall do nothing to prejudice the Government\'s right to
recover against third parties for any loss, destruction of, or damage to
Government property, and furnish to the Government all reasonable
assistance and cooperation (including instruments or assignment in favor
of the Government) in obtaining recovery.

  -------------- ------------------------------------------------------------------
  []{#_toc_036   COMPUTER DOWNTIME AND DATA LOSS
  .anchor}36     

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

The Government will not be obligated to pay for computer downtime hours
resulting from a system crash or equipment failure. Any computer data
loss resulting from a system crash and/or equipment failure, that occurs
during the use or operation of Government-owned or leased computers and
equipment, shall be reprocessed by the contractor at the expense of the
Government. The contractor shall not be obligated to pay for
computer-processed data that are lost as a result of a system crash or
equipment failure when the equipment at fault is owned or leased by the
Government; and (b) the Government is the sole party responsible for the
custody, care, use, and operation of the computer system and equipment
responsible for the data loss

  -------------- ------------------------------------------------------------------
  []{#_toc_037   GOVERNMENT FURNISHED FACILITIES
  .anchor}37     

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

Contractor staff working at the Primary Location in Stennis Space
Center, MS and field station locations will be provided with office
space and furniture to conduct on-site support services. The contractor
Program Manager will be provided with a private office when available.
The Government reserves the right to change requirements for on-site and
field site support as required to fulfill the best interests of the
Government in accomplishing its mission.

  -------------- ------------------------------------------------------------------
  []{#_toc_038   SOFTWARE MADE AVAILABLE FOR CONTRACTOR USE
  .anchor}38     

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

a\. The Government may make certain software acquired under license
available to the contractor for use in the performance of this contract.

b\. The contractor recognizes and acknowledges that such software or
data contained therein may be proprietary and confidential to a third
party.

c\. The contractor agrees that it, and its employees, shall not use,
copy, disclose, modify, or reverse engineer such software except as
permitted by the license and any other terms and conditions under which
the software is made available to the contractor.

d\. The contractor is not authorized to violate any software licensing
agreement, or to cause the Government to violate any licensing
agreement. If, at any time during the performance of this contract, the
contractor has reason to believe that its utilization of
Government-furnished software may involve or result in a violation of
the Government\'s licensing agreement, the contractor shall promptly
notify the CO, in writing, of the pertinent facts and circumstances.
Pending direction from the CO, the contractor shall continue to perform
to the full extent possible without utilizing the software in question.

e\. Paragraphs (a) through (d) of this clause shall apply to all
subcontractors.

  -------------- ------------------------------------------------------------------
  []{#_toc_039   OVERTIME
  .anchor}39     

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

Under the provisions of this order, no overtime is authorized without
the prior written approval of the Contracting Officer.

  -------------- ------------------------------------------------------------------
  []{#_toc_040   PERMITS AND LICENSES
  .anchor}40     

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

In the performance of work hereunder, the Contractor shall obtain and
maintain in effect all necessary permits and licenses required by
Federal, State, or local government, or subdivision thereof, or of any
other duly constituted public authority. At no separate or additional
cost to the government, the contractor shall comply with all laws and
regulations applicable to work to be performed hereunder, including any
revised statutes or regulations effective during the life of the
contract.

[]{#_TOC_A .anchor}SECTION A \-- Solicitation/Contract Form

  ------------- ------------------------------------------------------------------
  []{#_toc_A1   Summary of Changes
  .anchor}A.1   

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

  -----------------------------------------------------------------------
  Clause '52.212-05 - Contract Terms and Conditions Required to Implement
  Statutes or Executive Orders\--Commercial Items' has been edited.

  Clause 'GS2107 - Electronic Transmission of Offers' has been deleted.

  Clause 'GS2320 - Evaluation Factors' has been deleted.

  The free form item 'Submission Information'has been edited.
  -----------------------------------------------------------------------