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[Excitation System Replacement Fontenelle Power Plant]{.smallcaps}

Seedskadee Project, Wyoming

**[Solicitation No. 08-SP-40-8235]{.smallcaps}**

**[Volume 1 Of 2]{.smallcaps}**

*All offers must be clearly identified as such (offer) to preclude
mishandling*

Offers/Bids that are mailed **[MUST]{.underline}** be delivered to:

> Bureau of Reclamation
>
> Attention: UC-848
>
> UC Regional Office
>
> 125 South State Street, Room 6107
>
> Salt Lake City UT 84138-1147

Offers/Bids that are handcarried or delivered by a commercial carrier
**[MUST]{.underline}** be delivered to:

> Bureau of Reclamation
>
> Attention: UC-844
>
> UC Regional Office
>
> 125 South State Street, Room 6434
>
> Salt Lake City UT 84138-1147

*PRIOR* to the time set for offer/bid receipt.

Telephone inquiries regarding this solicitation should be made to the
offices listed below:

Richard Beeman

Salt Lake City UT (801) 524-3634

**[No Collect Calls!]{.smallcaps}**

Correspondence regarding this Solicitation should reference number
08-SP-40-8235.

**SECTION B -- SUPPLIES OR SERVICES AND PRICES/COSTS**

EXCITATION SYSTEM REPLACEMENT

Fontenelle Power Plant

Seedskadee Project, Wyoming

B.1 SCHEDULE

\(a\) Offers will be considered for award on the following schedule, but
no offer will be considered for award on only a part of the schedule.
Offers will be evaluated on the bases of "best value" and include
technical merits of the offer, best schedule, and past experience.

\(b\) All offers are subject to the terms and conditions of this
solicitation.

\(c\) Definitions:

\(1\) CLIN -- Contract Line Item Number.

  ---------- --------- ------------------------ ---------- --------- ----------
  SCHEDULE                                                           

  CLIN       Section   Supplies or Services     Quantity   Unit      Amount
                                                and Unit   Price     

  1          13285     Handling and Disposing   For the              \$
                       of Asbestos Containing   lump sum             
                       Materials                of                   

  2          16051     Electrical Drawings and  For the              \$
                       Data                     lump sum             
                                                of                   

  3          16234     Removing and Modifying   For the              \$
                       Existing Excitation      lump sum             
                       Equipment                of                   

  4          16235     Manufacturing, Testing,  For the              \$
                       and Delivering New       lump sum             
                       Excitation System        of                   

  5          16235     Installing and Field     For the              \$
                       Testing New Excitation   lump sum             
                       System                   of                   

  6          16235     Training                 For the              \$
                                                lump sum             
                                                of                   

  7          16235     Spare Parts              For the              \$
                                                lump sum             
                                                of                   
  ---------- --------- ------------------------ ---------- --------- ----------

TOTAL FOR SCHEDULE \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Table Of Contents]{.smallcaps}

  --------- -------------------------------------------------------- ----
  1         Clauses Incorporated by Reference (FAR Clause 52.212-04) 7

  2         Addendum to FAR Clause 52-212-04 Clauses Incorporated by 7
            Reference                                                

  3         Addendum to FAR Clause 52-212-04 Personal Identity       7
            Verification of Contractor Personnel                     

  4         Addendum to FAR Clause 52-212-04 Protecting Federal      8
            Employees and the Public from Exposure to Tobacco Smoke  
            in the Federal Workplace -- Bureau of Reclamation        

  5         Addendum to FAR Clause 52-212-04 Security Requirements,  8
            Information Technology/ Compulsory Protection of         
            Sensitive Information and Security Access Requirements   
            -- Bureau of Reclamation                                 

  6         Addendum to FAR Clause 52-212-04 Authorized Workers      12
            Notice to Potential Bureau of Reclamation Contractors    

  7         Addendum to FAR Clause 52-212-04 Limitation of Funds     14
            (Fixed Price Contract) \-- Bureau of Reclamation         

  8         Contract Terms and Conditions Required to Implement      15
            Statutes or Executive Orders -- Commercial Items         

  9         Contract Document, Exhibits, or Attachments              18

  10        Instruction to Offerors -- Commercial Items              18

  11        Addendum to FAR Clause 52-212-01 Clauses Incorporated by 21
            Reference                                                

  12        Addendum to FAR Clause 52-212-01 Copies of Drawings      22

  13        Addendum to FAR Clause 52-212-01 Technical Proposal      22
            Instructions                                             

  14        Addendum to FAR Clause 52-212-01 Brand Name or Equal --  25
            Department of the Interior                               

  15        Addendum to FAR Clause 52-212-01 Availability of         26
            Specifications Listed in the GSA Index of Federal        
            Specifications, Standards, and Commercial Item           
            Descriptions, FPMR Part 101-29                           

  16        Addendum to FAR Clause 52-212-01 Availability of         27
            Specifications, Standards, and Data Item Descriptions    
            Listed in the Acquisition Streamlining and               
            Standardization Information System (ASSIST)              

  17        Addendum to FAR Clause 52-212-01 Notice of Intent to     27
            Acquire Metric Products and Services -- Bureau of        
            Reclamation                                              

  18        Addendum to FAR Clause 52-212-01 Notice of Applicability 28
            -- Cooperation with Authorities and Remedies -- Child    
            Labor -- Bureau of Reclamation                           

  19        Addendum to FAR Clause 52-212-01 Agency Procurement      28
            Protests -- Bureau of Reclamation                        

  20        Evaluation -- Commercial Items                           29

  21        Addendum to FAR Clause 52-212-02 Evaluation Factors      29

  22        Addendum to FAR Clause 52-212-02 Notice of Trade         33
            Agreements Act -- Evaluations -- Bureau of Reclamation   

  23        Offeror Representations and Certifications -- Commercial 33
            Items                                                    

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

COMMERCIAL CLAUSES

  --------------------- ----------------------------- -------------------------------------------------------
  **[1]{.smallcaps}**   **[52.252-02]{.smallcaps}**   **[Clauses Incorporated By Reference]{.smallcaps}**

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

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.usbr.gov/pmts/acquisitions/

http://www.arnet.gov/far

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

  52.212-04         Contract Terms and Conditions --         September
                    Commercial Items                         2005
  ----------------- ---------------------------------------- -------------

[Addendum to FAR Clause 52.212-04]{.smallcaps}

  --------------------- ----------------------------- -------------------------------------------------------
  **[2]{.smallcaps}**   **[52.252-02]{.smallcaps}**   **[Clauses Incorporated By Reference]{.smallcaps}**

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

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.usbr.gov/pmts/acquisitions/

http://www.arnet.gov/far

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

  52.219-28         Post-Award Small Business Program        June 2007
                    Representation                           

  52.225-11         Buy American Act - Construction          April 2006
                    Materials under Trade Agreements         

  52.227-01         Authorization and Consent                December 2007

  52.232-23         Assignment Of Claims                     January 1986

  52.236-7          Permits and Responsibilities             November 1991

  52.236-10         Operations and Storage Areas             April 1984

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

[Addendum to FAR Clause 52.212-04]{.smallcaps}

  ------- --------------- --------------------------------------- ----------------
  **3**   **52.204-09**   **Personal Identity Verification of     **January 2006**
                          Contractor Personnel**                  

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

\(a\) The Contractor shall comply with agency personal identity
verification procedures identified in the contract that implement
Homeland Security Presidential Directive-12 (HSPD-12), Office of
Management and Budget (OMB) guidance M-05-24, and Federal Information
Processing Standards Publication (FIPS PUB) Number 201.

\(b\) The Contractor shall insert this clause in all subcontracts when
the subcontractor is required to have physical access to a
federally-controlled facility or access to a Federal information system.

[Addendum to FAR Clause 52.212-04]{.smallcaps}

  --------------------- ---------------------------- ---------------------------------- ---------------------
  **[4]{.smallcaps}**   **[WBR                       **[Protecting Federal Employees    **[October
                        1452.223-82]{.smallcaps}**   and the Public from Exposure to    1998]{.smallcaps}**
                                                     Tobacco Smoke in the Federal       
                                                     Workplace \-- Bureau of            
                                                     Reclamation]{.smallcaps}**         

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

\(a\) In performing work under this contract, the contractor shall
comply with the requirements of Executive Order 13058, dated August 9,
1997, which prohibits the smoking of tobacco products in all interior
space owned, rented, or leased by the executive branch of the Federal
Government, and in any outdoor areas under executive branch control in
front of air intake ducts.

\(b\) This restriction does not apply in designated smoking areas that
are enclosed and exhausted directly to the outside and away from air
intake ducts, and are maintained under negative pressure (with respect
to surrounding spaces) sufficient to contain tobacco smoke within the
designated area.

\(c\) Smoking may also be restricted at doorways and in courtyards under
executive branch control in order to protect workers and visitors from
environmental tobacco smoke.

[Addendum to FAR Clause 52.212-04]{.smallcaps}

  ------- --------------- ------------------------------------ ---------------------
  **5**   **WBR           **[Security Requirements,            **[May
          1452.237-80**   Information Technology/Compulsory    2005]{.smallcaps}**
                          Protection of Sensitive Information  
                          and Security Access Requirements -   
                          Bureau of Reclamation]{.smallcaps}** 

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

\(a\) General:

\(1\) In accordance with Homeland Security Presidential Directive-12
(HSPD-12) and Federal Information Processing Standards Publication 201
(FIPS Pub 201) the following applies.

Performance of this contract requires contractor personnel to have a
Federal government-issued personal identification card before being
allowed unsupervised access to the Bureau of Reclamation \[facility
and/or information system\] where the work will be performed under this
contract. The Contracting Officer's Representative (COR) will be the
sponsoring official, and will make the arrangements for personal
identify verification and card issuance.

At least two months before start of contract performance, the Contractor
will identify all contractor and subcontractor personnel who will
require \[physical and/or logical\] access for performance of work under
this contract. The Contractor must make their personnel available at the
place and time specified by the COR in order to initiate screening and
background investigations. All personnel requiring background checks
will be required to produce two forms of identification, one of which
must be a Federal or State-issued photo ID and the other from the List
of Acceptable Identity Source Documents. The following forms, or their
equivalent, may be used to initiate the credentialing process:

• OPM Standard Form 85 or 85P

• OF 306

• Fingerprint card (local procedures may require the fingerprinting to
be done at a police

station; in this case, any charges are to be borne by the contractor.)
Fingerprint cards

will be provided by the Government.

• Release to Obtain Credit Information

• PIV card application (web-based)

Contractor employees are required to give, and to authorize others to
give, full, frank, and truthful answers to relevant and material
questions needed to reach a suitability determination. Refusal or
failure to furnish or authorize provision of information may constitute
grounds for denial or revocation of credentials. Government personnel
may contact the contractor personnel being screened or investigated in
person, by telephone or in writing, and the Contractor agrees to make
them available for such contact.

Alternatively, if an individual has already been credentialed by another
agency through OPM, and that credential has not yet expired, further
investigation may not be necessary. Provide the COR with documentation
that supports the individual's status.

During performance of the contract, the Contractor will keep the COR
apprised of changes in personnel to ensure that performance is not
delayed by compliance with credentialing processes. Cards that have been
lost, damaged, or stolen must be reported to the COR and Issuing Office
within 24 hours. Replacement will be at the contractor's expense. If
reissuance of expired credentials is needed, it will be coordinated
through the COR.

At the end of contract performance, or when a contractor employee is no
longer working under this contract, the Contractor will ensure that all
identification cards are returned to the COR.

Before starting work under this contract, a National Agency Check (NAC)
will be conducted to verify the identity of the individual applying for
clearance. Upon successful completion of the NAC process, an
identification card will be issued and access granted.

Simultaneously, a NAC with Inquiries (NACI) will be initiated to
determine the individual's suitability to have unsupervised access to
Reclamation facilities. If the NACI adjudication is favorable, nothing
more needs to be done. If the adjudication is unfavorable, the
credentials will be revoked. In the event of a disagreement between the
Contractor and the Government concerning the suitability of an
individual to perform work under this contract, Department Of Interior
shall have the right of final determination.

This requirement must be incorporated into any subcontracts that require
subcontractor personnel to have routine and regular unsupervised access
to a Federally controlled facility for more than 180 calendar days or
unsupervised access to a Federally controlled Level 3 or 4 information
system.

[HSPD-12]{.underline} can be found at
[www.fas.org/irp/offdocs/nspd/hspd-12.html](http://www.fas.org/irp/offdocs/nspd/hspd-12.html)

or
[www.whitehouse.gov/news/release/2004/08/20040827-8/html](http://www.whitehouse.gov/news/release/2004/08/20040827-8/html)

[FIPS PUB 201]{.underline} can be found at
<http://www.itl.nist.gov/fipspubs/by-num.htm>

[OMB M-05-24]{.underline} can be found at
<http://www.whitehouse.gov/omb/memoranda/205/html>

[Standard Form 85]{.underline} (Electronic Version) can be found at
[www.opm.gov/forms/pdf_fill/SF85.pdf](http://www.opm.gov/forms/pdf_fill/SF85.pdf)

OF-306 Form (Electronic Version) can be found at
[www.opm.gov/forms/pdf_fill/of306.pdf]{.underline}

Upon completion of PIV, the identified contractor employees, upon
Government approval, will be provided with a key card. There will be an
assigned project inspector who is the responsible Government employee at
the dam. Contractor employees will be required to check in with the
inspector prior to each shift and will then be escorted to the job site
within the dam.

\(2\) The work performed under this contract shall only be accomplished
by individuals (in the employment of the Contractor or any
subcontractors) whose conduct and behavior is consistent with the
efficiency of the Federal Service and the requirements of this contract,
and who are acceptable to the Contracting Officer (CO).

\(3\) The risk/sensitivity level designation of the activities performed
under this contract is \[insert level: low/moderate/high\] risk. For
moderate and high risk contracts, the Contractor shall conduct a
background investigation of each individual prior to that individual
performing work, and affirmatively determine that each individual meets
this contract\'s minimum standards of acceptability. The type of
background investigation for each employee will be based on the
risk/sensitivity level designation. Information on the type of
background investigation required for the designated risk/sensitivity
level is contained in the DOI Departmental Manual Part 441, Chapter 3,
sub-chapter 3.9 and Attachment 5. The minimum standards which the
Contractor shall use in its suitability determinations for these
moderate and high risk positions are contained in the DOI Departmental
Manual Part 441, Chapter 5. The Departmental Manual is available on the
Internet at http://elips.doi.gov/app_home/index.cfm?fuseaction=home.

\(4\) After an affirmative determination, the Contractor shall make
available to the CO or the CO\'s designee the records and documentation
upon which the determination was based for review and approval.

\(5\) Each employee shall only be reinvestigated by the Contractor on a
periodic basis (high risk every 5 years, for moderate risk every 10
years). A reinvestigation may be initiated prior to the normal periodic
reinvestigation schedule when the Contractor or the Government believes
that a particular individual\'s continued ability to meet the
contract\'s minimum standards for a moderate or high risk position is in
question. After an affirmative determination on an initial investigation
or a reinvestigation, the Contractor shall make available to the CO or
the CO\'s designee the records and documentation upon which the
determination was based for review and approval.

\(6\) In the event of a disagreement between the Contractor and the
Government concerning the suitability of a particular employee to
perform work under this contract, the Government shall have the right of
final determination. Determinations under this requirement are subject
to the Disputes Clause. Failure of the Contractor to comply with the
requirements of this clause could constitute grounds for termination for
default.

\(b\) Information Protection.

The term \"sensitive information\" means any information which warrants
a degree of protection and administrative control as defined by the
Bureau of Reclamation or that meets the criteria for exemption from
public disclosure set forth under Sections 552 and 552a of Title 5,
United States Code: the Freedom of Information Act and the Privacy Act.
Sensitive information is generally categorized as For Official Use Only
(FOUO) Sensitive information, but in some cases may include other
unclassified. (The protection of Classified information is beyond the
scope of this clause. If any work on Classified information is required
under this contract, it is addressed under other contract clauses.) The
Contractor shall protect this type of information from unauthorized
release into public domain, or to unauthorized persons, organizations,
or subcontractors. Information which, either alone or in aggregate, is
deemed sensitive by the Bureau of Reclamation shall be protected as
instructed by Reclamation in accordance with the magnitude of the loss
or harm that could result from inadvertent or deliberate disclosure,
alteration, or destruction of the data. All provisions of the clause
also apply to all subcontractors.

\(c\) Required protective and Nondisclosure requirements:

\(1\) The Contractor shall not release to anyone outside the
Contractor\'s organization any sensitive, or otherwise protected
information, regardless of medium (e.g., film, tape, document,
electronic), pertaining to any part of this contract or any Reclamation
program or activity, unless the Contracting Officer has given prior
written approval.

\(2\) Requests for approval shall identify the specific information to
be released, the medium to be used, and the purpose for the release. The
Contractor shall submit its request to the Contracting Officer at least
45 days before the proposed date for release.

\(3\) The Contractor agrees to include a similar requirement in each
subcontract under this contract. Subcontractors shall submit requests
for authorization to release through the prime Contractor to the
Contracting Officer.

\(4\) Any Government-furnished information/material does not become the
property of the Contractor and may be withdrawn at any time. Upon
expiration of the contract, all documents released and any material
using date from such documents shall be returned to the contracting
officer\'s representative for final disposition. Only with prior
authorization may the Contractor retain the material. The Contractor or
subcontractor shall not disclose or release the materials provided to
any activity or individuals of the Contractor\'s organization not
directly engaged in providing services under the contract that has not
undergone an applicable suitability investigation commensurate with the
contract specifications. All technical data provided to the Contractor
by the government shall be protected from public or private disclosure
in accordance with the markings printed on them. All other information
relating to the items to be delivered or the services to be performed
under this contract shall not be disclosed by any means without prior
approval of the authorized representative of the Contracting Officer.
Prohibited dissemination or disclosure includes, but is not limited to:
permitting access to such information by foreign nationals or by
immigrant aliens who may be employed by the Contractor, publication of
technical or scientific papers, advertising, disclosure to contractor
staff not investigated and deemed acceptable at the appropriate
contract/information sensitivity level, or any other proposed public
release. The Contractor shall provide adequate physical protection to
such information so as to preclude access by any individual or entity
not authorized such access by the government. Contractor shall maintain,
and furnish upon demand of the Contracting Officer, records of the names
of individuals who have access to sensitive material in its custody. All
questions regarding classification, access and control shall be referred
to the CO or COR for coordination with the Project manager and/or the
appropriate Reclamation Security Officer.

\(d\) Handling of protected information:

\(1\) Non-Federal Users (contractors) will be granted access to
sensitive information on a need-to-know basis only. Sensitive
information supplied as Government-furnished materials, to a non-Federal
user, or those who produce new original work, are to be returned upon
completion of the authorized work; the Contractor agrees to handle
protected information as follows:

\(2\) During non-duty hours, sensitive information must be secured
within a locked office or suite, or secured in a locked container.

\(3\) When electronically transmitting sensitive information, do so
through means that limit the potential for unauthorized disclosure.
Since information transmitted over unencrypted electronic links such as
telephones or electronic (e-mail) may be intercepted by unintended
recipients, the Contractor, as custodian of sensitive information, will
evaluate whether specific information warrants a higher level of
protection accorded by a secure fax, phone, or other encrypted means of
communication. Note: When sending sensitive information via fax, the
sender shall ensure that the intended recipient is physically present at
the receiving end of the fax before initiating the transmission.

\(4\) Sensitive information may be sent via the U.S. Postal Service or
commercial messenger, provided it is packaged in a way that does not
disclose its contents. Sensitive information will NOT be posted on the
Internet or Contractor intranet.

\(5\) Newly-created sensitive information will be marked \"For Official
Use Only (FOUO) Sensitive\" in letters larger than the rest of the
general text at the center-top and center-bottom of each page and within
the title block on drawings and/or maps.

\(6\) Classified information requires special marking and handling
procedures. If the Contractor will have access to classified
information, Reclamation will provide additional handling instructions
and training to the Contractor as needed.

\(7\) The Contractor shall NOT provide access to employees, or
subcontract employees, until written access clearance is provided by the
Contracting Officer.

\(8\) The Contractor shall incorporate the substance of this clause in
all subcontracts.

\(e\) Physical Security - General Procedural Security Requirements:

\(1\) The Contractor\'s employees governed by the contract may need to
access sensitive information and/or may need access to designated
restricted areas. The Contractor is responsible for information and/or
may need access to designated restricted areas. The Contractor is
responsible for providing security briefings regarding, and ensuring
compliance by its employees with, any applicable security procedures of
the Government installation (facility) where sensitive work may be
performed under this contract. This includes the safekeeping, wearing,
and visibility of a Contractor provided picture name badge or any
special agency security and/or identification badges. The Contractor
shall ensure the return of all agency badges and card keys and other
Government property and information upon completion of performance or
when personnel depart permanently or for an extended period of time,
i.e., seven days or more. The contractor shall report all incidents of
lost or stolen badges to the Contracting Officer no later than 48 hours
after realization that the badge is missing. The Contractor may be
required to turn in access/identification badges on a daily basis.

\(2\) The Contractor shall assure that no foreign national performs any
work under this contract, either on-site or off-site and regardless of
pay status, without prior clearance. Foreign nationals must be approved
in writing, either before award or via the issuance of a modification to
this contract. Any such approval must specifically identify the
Contractor\'s employee (applies to all subcontractors) by name and
nationality. The Contractor shall notify the CO in writing providing the
name and nationality and providing a copy of the VISA (work permit) or
other information as required. Reclamation reserves the right to refuse
any foreign national participation on this contract and to refuse them
permission to enter Reclamation premises.

\(3\) The Contractor shall report all contacts with entities,
individuals, and counsel/representatives (including foreign entities and
foreign nationals) who seek in any way to obtain unauthorized access to
Reclamation sensitive information. The Contractor shall report any
violations of contract provisions, laws, executive orders, regulations,
and guidance to the contracting officer. The Contractor shall report any
information raising a doubt as to whether an individual\'s eligibility
for continued employment or access to sensitive information is
consistent with the interests of National Security and the Public Trust.

\(4\) Unsanctioned, negligent, or willful inappropriate action on the
part of the contractor (or its employees) \[such as exploration of a
sensitive system and/or information; introduction of unauthorized and/or
malicious software; failure to comply with Reclamation policies,
procedures, or other published security requirements; or failure to
follow prescribed access control policies and or security procedures\]
may result in termination of the contract or removal of some contractor
employees from Reclamation facilities. These actions include, but are
not limited to, exploration of a sensitive system and/or information,
introduction of unauthorized and/or malicious software, or failure to
follow prescribed access control policies and/or security procedures.
Failure to comply with Reclamation policies, procedures, or other
published security requirements may result in termination of the
contract or removal of some contracted employees from Reclamation
buildings and/or facilities.

\(f\) Information Technology Security - Basic Security Requirements:

\(1\) The Contractor shall ensure that it\'s employees, in performance
of the contract, receive annual IT security training in Reclamation IT
Security policies, procedures, computer ethics, and best practices in
accordance with Reclamation Directive IRM 08-09, September 21, 2001,
Subject: Reclamation Information Technology (IT) Security Program (ITP):
IT Security Awareness and Training Requirements. This document is
available, upon request, from the Contracting Officer. The Contractor
may use web-based training available from Reclamation to meet this
requirement.

\(2\) The Contractor shall afford Reclamation, including the Department
of the Interior Office of Inspector General, access to the Contractor\'s
and subcontractors\' facilities, installation, operations,
documentation, databases, and personnel used in performance of the
contract. Access shall be provided to the extent required to carry out a
program of IT inspection, investigation and audit to safeguard against
threats and hazards to the integrity, availability and confidentiality
of Reclamation data or to the function of computer systems operated on
behalf of Reclamation, and to preserve evidence of computer crime. If
the Contractor has a question regarding the access rights or identity of
Government employees requesting access to Contractor-operated IT
facilities is suspected, it should be referred to the Contracting
Officer for resolution before access is granted.

\(3\) The Contractor shall incorporate the substance of this clause in
all subcontracts that meet the conditions in paragraph (a) of this
clause.

[Addendum to FAR Clause 52.212-04]{.smallcaps}

  ------- ------------- ----------------------------------- ---------------------
  **6**   **WBR         **[Authorized Workers Notice to     **[September
          ET02-20**     Potential Bureau of Reclamation     2002]{.smallcaps}**
                        Contractors]{.smallcaps}**          

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

\(a\) Definitions.

IRCA - Immigration Reform and Control Act of 1986

INA - Immigration and Nationality Act

INS - Immigration and Naturalization Service

SSA - Social Security Administration

INS SAVE Program - The INS Systematic Alien Verification for
Entitlements Program

ESA - Employment Standards Administration (Department of Labor)

\(a\) Authority. Immigration Reform and Control Act of 1986 (8 USC 1101
as amended) and the Immigration and Nationality Act, Section 274A.

\(b\) Who is Covered. INA includes provisions addressing employment
eligibility, employment verification, and nondiscrimination. These
provisions apply to all employers, including government contractors.

\(c\) Basic Provisions/Requirements. Under IRCA, employers may hire only
persons who may legally work in the U.S., i.e., citizens and nationals
of the U.S. and aliens authorized to work in the U.S. The employer must
verify the identity and employment eligibility of anyone to be hired,
which includes completing the Employment Eligibility Verification Form
(I-9). Employers must keep each I-9 on file for at least three years, or
one year after employment ends, whichever is longer. Detailed guidance
on the I-9 is available at the INS web site:
http://www.ins.gov/graphics/services/employerinfo/index.htm .

\(d\) Employment Verification Pilot Programs. The INS and the SSA are
conducting the following programs that provide employers a way to
confirm the employment eligibility of their newly hired employees. Any
employer located in a pilot state may volunteer to participate in a
pilot program. If employers are not located in a pilot state, they would
verify employment eligibility by following the procedures currently in
place, i.e., by completing Form I-9.

\(1\) The Basic Pilot is a joint pilot being conducted by the INS and
SSA in the States of California, Florida, Illinois, Nebraska, New York,
and Texas. This pilot involves verification checks of the SSA and INS
databases of all newly hired employees, regardless of citizenship. To
receive information on the Basic Pilot program please call the INS SAVE
Program toll free at 1-888-464-4218, or fax your request for information
to (202) 514-9981, or write to USINS, SAVE Program, 425 I Street, NW,
ULLICO Building 4th Floor, Washington, DC 20536. You may also contact
the Social Security Administration by calling (410) 966-1940, or writing
to Social Security Administration, Office of Program Benefits Policy,
6401 Security Blvd., 760 Altmeyer, Baltimore, MD 21235.

\(2\) The INS is conducting the Citizen Attestation Pilot in the States
of Arizona, Maryland, Massachusetts, Michigan, and Virginia. The Citizen
Attestation Pilot permits participating employers to electronically
verify the employment eligibility of newly hired alien employees by
using a personal computer with a modem. To receive information on the
Citizen Attestation Pilot program please call the INS SAVE Program toll
free at 1-888-464-4218, or fax your request for information to (202)
514-9981. Employers may also write to US/INS, SAVE Program, 425 I
Street, NW, ULLICO-4th Floor, Washington, DC 20536.

\(3\) The INS and the SSA are conducting the Machine-Readable Document
Pilot in the State of Iowa. The Machine-Readable Document Pilot is
identical to the Basic Pilot in all respects, except for the geographic
scope of the pilot and for one additional feature. If an employee
presents an Iowa\'s driver\'s license or identification card containing
a machine-readable SSN, the employer will make an inquiry through the
confirmation system by using the machine-readable feature. To receive
information on the Machine-Readable Document Pilot program please call
the INS SAVE Program toll free at 1-888-464-4218, or fax your request
for information to (202) 514-9981. You may also write to US/INS, SAVE
Program, 425 I Street, NW, ULLICO-4th Floor, Washington, DC 20536.

\(e\) Employee Rights. The INA protects U.S. citizens and aliens
authorized to accept employment in the U.S. from discrimination in
hiring or discharge on the basis of national origin and citizenship
status.

\(f\) Compliance Assistance. More detailed information, including copies
of explanatory brochures and regulatory and interpretative materials,
may be obtained from local offices of the Department of Labor\'s
Employment Standards Division, Wage and Hour Division, and the Office of
Federal Contract Compliance Programs.

\(g\) Penalties/Sanctions. Employers who fail to complete and/or retain
the I-9 forms are subject to penalties. The INS enforces the INA
requirements on verification of employment eligibility. The Justice
Department enforces the anti-discrimination provisions. As part of their
ongoing enforcement efforts, the ESA\'s Wage and Hour Division and
Office of Federal Contract Compliance Programs conduct inspections of
the I-9 forms. They report their findings to the INS and to the
Department of Justice when they find cases of disparate treatment or
unauthorized employment. A debarring official may debar a contractor,
based on a determination by the Attorney General of the United States,
or designee, that the contractor is not in compliance with the INA. The
Attorney General\'s determination is not reviewable in the debarment
proceedings.

[Addendum to FAR Clause 52.212-04]{.smallcaps}

  ------- --------------- --------------------------------- ---------------------
  **7**   **WBR           **[Limitation Of Funds (Fixed     **[December
          1452.232-80**   Price Contract) \-- Bureau of     1994]{.smallcaps}**
                          Reclamation]{.smallcaps}**        

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

\(a\) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43
U.S.C. 388) incremental funding for this contract will be made available
in accordance with this clause.

\(b\) Incremental funding in the amount of 25% is presently available
for payment and allotted under this contract for the purchase and
installation of excitation system replacement at the Fontenelle Power
Plant. This present funding allotment is contemplated to cover the work
to be performed until the end of Fiscal Year 2008. A schedule for
anticipated future funding allotments is as follows. This information is
for planning purposes only and may not be fully representative of the
funds actually allotted under this contract:

  -------------------------------- ------------ ----------------------------------
  [[Fiscal                                      [[Funding
  Year]{.underline}]{.smallcaps}                Amount]{.underline}]{.smallcaps}

  On award of contract                          25%

  Fiscal Year 2009                              75%
  -------------------------------- ------------ ----------------------------------

\(c\) For work identified in paragraph (b) of this clause, the
Contractor agrees to perform up to the point at which the total amount
payable by the Government, including reimbursement in the event of
termination of specified work for the Government\'s convenience,
approximates the total amount currently allotted to the contract. The
Contractor shall not be obligated to continue performance of this work
beyond that point. The Government shall not be obligated in any event to
reimburse the Contractor in excess of the amount allotted to the
contract for this work notwithstanding any contrary provisions of the
Termination for Convenience of the Government clause of this contract.

\(d\) Notwithstanding the date specified in paragraph (b) of this
clause, the Contractor shall notify the Contracting Officer in writing
at least sixty days prior to the date when, in the Contractor\'s best
judgment, the work will reach the point at which the total amount
payable by the Government, including any cost for termination for
convenience, will approximate 75 percent of the total amount then
allotted to the contract for performance of work identified in paragraph
(b) of this clause. The notification shall state (1) the estimated date
when that point will be reached and (2) an estimate of additional
funding, if any, needed to continue performance of the work up to the
next scheduled date for allotment of funds identified in paragraph (b)
of this clause, or to a mutually agreed upon substitute date. The
notification shall also advise the Contracting Officer of the estimated
amount of additional funds that will be required for the timely
performance of work funded pursuant to this clause, for a subsequent
period as may be specified in the allotment schedule in paragraph (b) of
this clause, or otherwise agreed to by the parties. If after such
notification additional funds are not allotted by the date identified in
the Contractor\'s notification, or by an agreed substitute date, the
Contracting Officer shall terminate any work for which additional funds
have not been allotted, pursuant to the Termination for Convenience of
the Government clause of this contract.

\(e\) When additional funds are allotted for continued performance of
the work identified in paragraph (b) of this clause, the parties will
agree as to the period of contract performance which will be covered by
the funds. The provisions of paragraph (c) through (e) of this clause
will apply in like manner to the additional allotted funds and agreed
substitute date, and the contract will be modified accordingly through
revision of paragraph (b) of this clause. The Contracting Officer is the
only person authorized to provide notice, communication, or other form
of representation to increase or decrease the amount of funds allotted
by the Government to this contract.

\(f\) If, solely by reason of failure of the Government to allot
additional funds in amounts sufficient for timely performance of the
work identified in paragraph (b) of this clause, the Contractor incurs
additional costs or is delayed in the performance of the work under this
contract and if additional funds are allotted, an equitable adjustment
will be made in the price or prices (including appropriate target,
billing, and ceiling prices where applicable) of work, or in the time of
delivery, or both. Failure to agree to any such equitable adjustment
hereunder shall be a dispute concerning a question of fact within the
meaning of the Disputes clause of this contract.

\(g\) The Government may at any time prior to termination allot
additional funds for the performance of the work identified in paragraph
(b) of this clause.

\(h\) The termination provisions of this clause do not limit the rights
of the Government under the Default clause of this contract. The
provisions of this clause are limited to the work and allotment of funds
as set forth in paragraph (b) of this clause. This clause is
inapplicable once the contract is fully funded except with regard to the
rights or obligations of the parties concerning equitable adjustments
negotiated under paragraphs (e) or (f) of this clause.

\(i\) Change orders shall not be considered authorization to exceed the
amount allotted by the Government as specified in paragraph (b) of this
clause unless the amount is increased by inclusion of a statement
contained in the change order.

\(j\) Nothing in this clause affects the right of the Government to
terminate this contract pursuant to the Termination for Convenience of
the Government clause of this contract.

  ------- --------------- --------------------------------------- ---------------------
  **8**   **52.212-05**   **[Contract Terms and Conditions        **[April
                          Required to Implement Statutes or       2006]{.smallcaps}**
                          Executive Orders -- Commercial          
                          Items.]{.smallcaps}**                   

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

\(a\) The Contractor shall comply with the following Federal Acquisition
Regulation (FAR) clause, which is incorporated in this contract by
reference, to implement provisions of law or Executive orders applicable
to acquisitions of commercial items: 52.233-3, Protest after Award (Aug
1996) (31 U.S.C. 3553).

\(1\) 52.233-3, Protest After Award (AUG 1996) (311 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:

+---+---+---+-----------------------------------------------------------------+
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+---+---+---+-----------------------------------------------------------------+
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|   |   | 2 |                                                                 |
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+---+---+---+-----------------------------------------------------------------+
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|   |   | 1 |                                                                 |
|   |   | 9 |                                                                 |
|   |   | - |                                                                 |
|   |   | 9 |                                                                 |
|   |   | . |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ | 5 |                                                                 |
|   | ( | 2 |                                                                 |
|   | 9 | . |                                                                 |
|   | \ | 2 |                                                                 |
|   | ) | 1 |                                                                 |
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|   |   | ( |                                                                 |
|   |   | D |                                                                 |
|   |   | e |                                                                 |
|   |   | c |                                                                 |
|   |   | 1 |                                                                 |
|   |   | 9 |                                                                 |
|   |   | 9 |                                                                 |
|   |   | 6 |                                                                 |
|   |   | ) |                                                                 |
|   |   | ( |                                                                 |
|   |   | 1 |                                                                 |
|   |   | 5 |                                                                 |
|   |   | U |                                                                 |
|   |   | . |                                                                 |
|   |   | S |                                                                 |
|   |   | . |                                                                 |
|   |   | C |                                                                 |
|   |   | . |                                                                 |
|   |   | 6 |                                                                 |
|   |   | 3 |                                                                 |
|   |   | 7 |                                                                 |
|   |   | ( |                                                                 |
|   |   | a |                                                                 |
|   |   | ) |                                                                 |
|   |   | ( |                                                                 |
|   |   | 1 |                                                                 |
|   |   | 4 |                                                                 |
|   |   | ) |                                                                 |
|   |   | ) |                                                                 |
|   |   | . |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   |                                                                 |
|   | ( |   |                                                                 |
|   | 1 |   |                                                                 |
|   | 0 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | √ |   | \(i\) 52.219-23, Notice of Price Evaluation Adjustment for      |
|   |   |   | Small Disadvantaged Business Concerns (June 2003) (Pub. L.      |
|   |   |   | 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror      |
|   |   |   | elects to waive the adjustment, it shall so indicate in its     |
|   |   |   | offer).                                                         |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   | \(ii\) Alternate I (June 2003) of 52.219-23.                    |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   | 52.219-25, Small Disadvantaged Business Participation           |
|   | ( |   | Program-Disadvantaged Status and Reporting (Oct 1999) (Pub. L.  |
|   | 1 |   | 103-355, section 7102, and 10 U.S.C. 2323).                     |
|   | 1 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   | 52.219-26, Small Disadvantaged Business Participation           |
|   | ( |   | Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355,   |
|   | 1 |   | section 7102, and 10 U.S.C. 2323).                              |
|   | 2 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   | 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small |
|   | ( |   | Business Set-Aside (May 2004)                                   |
|   | 1 |   |                                                                 |
|   | 3 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 52.222-3, Convict Labor (June 2003) (E.O. 11755).               |
|   | ( |   |                                                                 |
|   | 1 |   |                                                                 |
|   | 4 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 52.222-19, Child Labor-Cooperation with Authorities and         |
|   | ( |   | Remedies (Jan 2006) (E.O. 13126).                               |
|   | 1 |   |                                                                 |
|   | 5 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 52.222-21, Prohibition of Segregated Facilities (Feb 1999).     |
|   | ( |   |                                                                 |
|   | 1 |   |                                                                 |
|   | 6 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).           |
|   | ( |   |                                                                 |
|   | 1 |   |                                                                 |
|   | 7 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 52.222-35, Equal Opportunity for Special Disabled Veterans,     |
|   | ( |   | Veterans of the Vietnam Era, and Other Eligible Veterans (Dec   |
|   | 1 |   | 2001) (38 U.S.C. 4212).                                         |
|   | 8 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 52.222-36, Affirmative Action for Workers with Disabilities     |
|   | ( |   | (Jun 1998) (29 U.S.C. 793).                                     |
|   | 1 |   |                                                                 |
|   | 9 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 52.222-37, Employment Reports on Special Disabled Veterans,     |
|   | ( |   | Veterans of the Vietnam Era, and Other Eligible Veterans (Dec   |
|   | 2 |   | 2001) (38 U.S.C. 4212).                                         |
|   | 0 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   |                                                                 |
|   | ( |   |                                                                 |
|   | 2 |   |                                                                 |
|   | 1 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   | \(i\) 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)).                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   | 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C.      |
|   | ( |   | 10a-10d).                                                       |
|   | 2 |   |                                                                 |
|   | 2 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   |                                                                 |
|   | ( |   |                                                                 |
|   | 2 |   |                                                                 |
|   | 3 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | √ |   | \(i\) 52.225-3, Buy American Act- Free Trade Agreements-Israeli |
|   |   |   | Trade Act (Jan 2004) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note,   |
|   |   |   | 19 U.S.C. 2112 note).                                           |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   | \(ii\) Alternate I (Jan 2004) of 52.225-3.                      |
+---+---+---+-----------------------------------------------------------------+
|   |   |   | \(iii\) Alternate II (Jan 2004) of 52.225-3.                    |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 52.225-5, Trade Agreements (June 2004) (19 U.S.C. 2501, et      |
|   | ( |   | seq., 19 U.S.C. 3301 note).                                     |
|   | 2 |   |                                                                 |
|   | 4 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 52.225-13, Restrictions on Certain Foreign Purchases (Dec 2003) |
|   | ( |   | (E.O. S, proclamations, and statutes administered by the Office |
|   | 2 |   | of foreign Assets Control of the Department of the Treasury).   |
|   | 5 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   | 52.225-15, Sanctioned European Union Country End Products (Feb  |
|   | ( |   | 2000) (E.O. 12849).                                             |
|   | 2 |   |                                                                 |
|   | 6 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   | 52.225-16, Sanctioned European Union Country Services (Feb      |
|   | ( |   | 2000) (E.O. 12849).                                             |
|   | 2 |   |                                                                 |
|   | 7 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 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)).               |
|   | 2 |   |                                                                 |
|   | 8 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   | 52.232-30, Installment Payments for Commercial Items (Oct 1995) |
|   | ( |   | (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).                          |
|   | 2 |   |                                                                 |
|   | 9 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
| √ | \ |   | 52.232-33, Payment by Electronic Funds Transfer-Central         |
|   | ( |   | Contractor Registration (OCT 2003) (31 U.S.C. 3332).            |
|   | 3 |   |                                                                 |
|   | 0 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   | 52.232-34, Payment by Electronic Funds Transfer-Other than      |
|   | ( |   | Central Contractor Registration (May 1999) (31 U.S.C. 3332).    |
|   | 3 |   |                                                                 |
|   | 1 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   | 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).  |
|   | ( |   |                                                                 |
|   | 3 |   |                                                                 |
|   | 2 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   | 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.   |
|   | ( |   | 552a).                                                          |
|   | 3 |   |                                                                 |
|   | 3 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   | \ |   |                                                                 |
|   | ( |   |                                                                 |
|   | 3 |   |                                                                 |
|   | 4 |   |                                                                 |
|   | \ |   |                                                                 |
|   | ) |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   | \(i\) 52.247-64, Preference for Privately Owned U.S.-Flag       |
|   |   |   | Commercial Vessels (Apr 2003) (46 U.S.C. Appx 1241 and 10       |
|   |   |   | U.S.C. 2631).                                                   |
+---+---+---+-----------------------------------------------------------------+
|   |   |   |                                                                 |
+---+---+---+-----------------------------------------------------------------+
|   |   |   | \(ii\) Alternate I (Apr 1984) 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:

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

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

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

             

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

             

     \(5\)   52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to
             Successor Contract Pursuant to Predecessor Contractor Collective
             Bargaining Agreements (CBA) (May 1989) (41 U.S.C. 351, et seq.).

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

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

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

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

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

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

> \(i\) 52.219-8, Utilization of Small Business Concerns (May 2004) (15
> U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further
> subcontracting opportunities. If the subcontract (except subcontracts
> to small business concerns) exceeds \$500,000 (\$1,000,000 for
> construction of any public facility), the subcontractor must include
> 52.219-8 in lower tier subcontracts that offer subcontracting
> opportunities.
>
> \(ii\) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).
>
> \(iii\) 52.222-35, Equal Opportunity for Special Disabled Veterans,
> Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001)
> (38 U.S.C. 4212).
>
> \(iv\) 52.222-36, Affirmative Action for Workers with Disabilities
> (June 1998) (29 U.S.C. 793).
>
> \(v\) Notification of Employee Rights Concerning Payment of Union Dues
> or Fees (Dec 2004) (E.O. 13201).
>
> \(vi\) 52.222-41, Service Contract Act of 1965, as Amended (July
> 2005), flow down required for all subcontracts subject to the Service
> Contract Act of 1965 (41 U.S.C. 351, et seq.).
>
> \(vii\) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
> Vessels (Apr 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631). Flow down
> required in accordance with paragraph (d) of FAR clause 52.247-64.

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

  ------- ---------- --------------------------------------- ---------------
  **9**              **[Contract Documents, Exhibits, or     
                     Attachments]{.smallcaps}**              

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

Specifications are included as Volume 2 of 2 to this solicitation.

  -------- --------------- --------------------------------------- ---------------------
  **10**   **52.212-01**   **[Instructions to Offerors \--         **[April
                           Commercial Items]{.smallcaps}**         2008]{.smallcaps}**

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

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

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

> \(1\) The solicitation number;
>
> \(2\) The time specified in the solicitation for receipt of offers;
>
> \(3\) The name, address, and telephone number of the offeror;
>
> \(4\) A technical description of the items being offered in sufficient
> detail to evaluate compliance with the requirements in the
> solicitation. This may include product literature, or other documents,
> if necessary;
>
> \(5\) Terms of any express warranty;
>
> \(6\) Price and any discount terms;
>
> \(7\) "Remit to" address, if different than mailing address;
>
> \(8\) A completed copy of the representations and certifications at
> FAR 52.212-3 (see FAR 52.212-3(l) for those representations and
> certifications that the offeror shall complete electronically);
>
> \(9\) Acknowledgment of Solicitation Amendments;
>
> \(10\) Past performance information, when included as an evaluation
> factor, to include recent and relevant contracts for the same or
> similar items and other references (including contract numbers, points
> of contact with telephone numbers and other relevant information); and
>
> \(11\) If the offer is not submitted on the SF 1449, include a
> statement specifying the extent of agreement with all terms,
> conditions, and provisions included in the solicitation. Offers that
> fail to furnish required representations or information, or reject the
> terms and conditions of the solicitation may be excluded from
> consideration.

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

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

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

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

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

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

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

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

> (1)(i) The GSA Index of Federal Specifications, Standards and
> Commercial Item Descriptions, FPMR Part 101-29, and copies of
> specifications, standards, and commercial item descriptions cited in
> this solicitation may be obtained for a fee by submitting a request
> to\--
>
> GSA Federal Supply Service Specifications Section
>
> Suite 8100\
> 470 L'Enfant Plaza, SW\
> Washington, DC 20407\
> Telephone (202) 619-8925)
>
> Facsimile (202 619-8978).
>
> \(ii\) If the General Services Administration, Department of
> Agriculture, or Department of Veterans Affairs issued this
> solicitation, a single copy of specifications, standards, and
> commercial item descriptions cited in this solicitation may be
> obtained free of charge by submitting a request to the addressee in
> paragraph (i)(1)(i) of this provision. Additional copies will be
> issued for a fee.
>
> \(2\) Most unclassified Defense specifications and standards may be
> downloaded from the following ASSIST websites**\--**
>
> \(i\) ASSIST (
> [http://assist.daps.dla.mil](http://assist.daps.dla.mil/) ).
>
> \(ii\) Quick Search (<http://assist.daps.dla.mil/quicksearch/> )
>
> \(iii\) ASSISTdocs.com (
> [http://assistdocs.com](http://assistdocs.com/) ).
>
> \(3\) Documents not available from ASSIST may be ordered from the
> Department of Defense Single Stock Point (DoDSSP) by---
>
> \(i\) Using the ASSIST Shopping Wizard (
> <http://assist.daps.dla.mil/wizard> );
>
> \(ii\) Phoning the DoDSSP Customer Service Desk (215) 697-2179,
> Mon-Fri, 0730 to 1600 EST; or
>
> \(iii\) Ordering from DoDSSP, Building 4 Section D, 700 Robbins
> Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197,
> Facsimile (215) 697-1462.
>
> \(4\) Nongovernment (voluntary) standards must be obtained from the
> organization responsible for their preparation, publication, or
> maintenance.

\(j\) *Data Universal Numbering System (DUNS) Number.* (Applies to
offers exceeding \$3,000, and offers of \$3,000 or less if the
solicitation requires the Contractor to be registered in the Central
Contractor Registration (CCR) database. The offeror shall enter, in the
block with its name and address on the cover page of its offer, the
annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that
identifies the offeror's name and address. The DUNS+4 is the DUNS number
plus a 4-character suffix that may be assigned at the discretion of the
offeror to establish additional CCR records for identifying alternative
Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the
same concern. If the offeror does not have a DUNS number, it should
contact Dun and Bradstreet directly to obtain one. An offeror within the
United States may contact Dun and Bradstreet by calling 1-866-705-5711
or via the Internet at <http://fedgov.dnb.com/webform>. An offeror
located outside the United States must contact the local Dun and
Bradstreet office for DUNS number. The offeror should indicate that it
is an offeror for a Government contract when contacting the local Dun
and Bradstreet office.

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

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

> \(1\) The agency's evaluation of the significant weak or deficient
> factors in the debriefed offeror's offer.
>
> \(2\) The overall evaluated cost or price and technical rating of the
> successful and debriefed offeror and past performance information on
> the debriefed offeror.
>
> \(3\) The overall ranking of all offerors, when any ranking was
> developed by the agency during source selection.
>
> \(4\) A summary of rationale for award;
>
> \(5\) For acquisitions of commercial items, the make and model of the
> item to be delivered by the successful offeror.
>
> \(6\) Reasonable responses to relevant questions posed by the
> debriefed offeror as to whether source-selection procedures set forth
> in the solicitation, applicable regulations, and other applicable
> authorities were followed by the agency.

[Addendum to FAR Clause 52.212-01]{.smallcaps}

  -------- --------------- -------------------------------------------------------
  **11**   **52.252-02**   **[Clauses Incorporated By Reference]{.smallcaps}**

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

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.usbr.gov/pmts/acquisitions/

http://www.arnet.gov/far

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

  52.214-34         Submission Of Offers In The English      April 1991
                    Language                                 

  52.214-35         Submission Of Offers In U.S. Currency    April 1991
  ----------------- ---------------------------------------- -------------

[Addendum to FAR Clause 52.212-01]{.smallcaps}

  -------- ----------- -------------------------------------- ---------------
  **12**               **[Copies of Drawings]{.smallcaps}**   

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

The drawings listed in Volume 2 of this solicitation may be obtained by
registering with Ms. Estephanie Singleton, Procurement Technician. Ms.
Singleton can be reached at (801) 524-3693 or email,
<esingelton@uc.usbr.gov>. After registering, a CD with the drawings will
be mailed.

[Addendum to FAR Clause 52.212-01]{.smallcaps}

  -------- ----------- -------------------------------------- ---------------
  **13**               **[Technical Proposal                  
                       Instructions]{.smallcaps}**            

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

***General***. The technical proposal shall be identified as Volume I of
the offeror\'s proposal and shall be an orderly, specific, and complete
document in every detail. It should be presented in a manner which
allows it to \"stand alone\" without the need to reference other
documents. It should convincingly describe the capability of the
offeror\'s organization to participate in this project and effectively
demonstrate a thorough understanding of the work statement contained in
Section C of this solicitation. The proposal shall be organized and
written so that it can be easily read and meaningfully evaluated by
Reclamation personnel from a variety of different functional and
technical disciplines. It should be a coherent document free of internal
inconsistencies.

***Use** **and Disclosure of Proposal Information***. In accordance with
the *Use and Disclosure of Proposal Information \-- Department of the
Interior* provision of this solicitation, offerors shall mark trade
secret or confidential commercial or financial information contained in
the proposal with the restrictive legends specified. The offeror shall
also clearly and separately mark all proprietary information (as defined
in FAR 3.104-3) contained in the proposal with the restrictive legend
\"Proprietary Information.\"

***Format and Content***. To assist in the uniform evaluation of
proposals, the following format shall be utilized in preparing the
technical proposal:

> \(1\) *Table of contents*. The Table of Contents shall list all
> sections of the technical proposal. Any future amendments, additions
> and/or revisions to the proposal shall be included in an updated Table
> of Contents;
>
> \(2\) *Index*. The index shall cross reference the work statement to
> the terms of the proposal and indicate how the proposal conforms to
> the evaluation factors contained in below;
>
> \(3\) *Enclosures*. The enclosures shall include a list of any tables,
> drawings, charts, and any other enclosures which summarize data or
> information;
>
> \(4\) *Executive summary*. The Executive Summary shall include a brief
> discussion of how the required work will be performed and important
> highlights of the proposal.
>
> (5*) Factors and Sub-factors.* The Factors and Sub-factors shall be
> address as follows:
>
> [Technical Information:]{.underline}
>
> A. General Instructions. The discussion of the technical approach to
> the work shall:

1\. Contain detailed explanations of proposed approaches to performing
and accomplishing the work, including design and other information
indicating configuration and functions of components as applicable, and
a specific outline of the actual tasks proposed to be performed in order
to complete the work. Repeating the work statement without elaborating
on the specific tasks to be performed is unacceptable;

2\. Contain a specific statement of any problems or major difficulties
anticipated in performing or accomplishing the work, an evaluation of
the various methods considered for resolution of the
problems/difficulties, substantiation of the method(s) selected,
principles or techniques which are proposed to solve the problem, and
the degree of success expected;

3\. Include specific statements of any interpretations, deviations, and
exceptions to the work statement, specifications, or other solicitation
requirements. Offerors are cautioned that deviations and exceptions to
the solicitation requirements may be detrimental to the evaluation of a
proposal.

> B. Special Instructions.- Technical proposals shall contain , as a
> minimum, complete and detailed information as noted below:

1.  **Suitability/Quality of Equipment and Manufacturing Facilities**

> \(a\) Suitability/quality of equipment - Provide product literature
> and narrative descriptions detailing the specifications, features, and
> installation of the major equipment components listed in Division 16
> of specifications.
>
> The following new system equipment and components, at a minimum, shall
> be fully addressed by the offeror in his proposal:

(i) Excitation system design requirements specified in Section 16235,

> Subsection 1.04.

(ii) Excitation system functional requirements specified in Section
     16235, Subsection 1.05.

(iii) Equipment layout and arrangement including proposed PPT location
      and excitation equipment lineup for typical unit.

(iv) Product information and literature for the material as outlined in
     Section 16235, Subsection 1.09 table 16235B spare parts.

(v) Manufacture's description of the external interface requirements as
    outlined in Section 16235, subsections 2.09, 2.10 and 2.11

(vi) Manufacture's conceptual layout of the front panel showing the
     position of relays based on 19 inch rack mounting.

(vii) List of internal alarms and their functions

(viii) Provide the manufactures test procedures for testing final
       assembled unit at the factory.

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(b) Manufacturing facilities - Provide information on specific
    manufacturing facilities planned for manufacturing the equipment to
    be delivered under the contract. The offeror's proven manufacturing
    quality, capability, and quality control procedures will be
    evaluated on equipment manufactured for installation in the United
    States complying with United States standards including ANSI, NEMA,
    IEEE, ASTM, and other standards referenced in Division 16 of the
    specifications.

> This section shall contain detailed information of the proposed
> manufacturing method and facilities, as applicable, to be used during
> fabrication, including subassemblies or work items to be accomplished
> at each facility, description of the facilities, location,
> capabilities, as well as descriptions of pertinent manufacturing
> techniques and procedures for manufacturing.
>
> Provide information on quality control procedures at offeror's
> facilities. The quality control program/procedures for the proposed
> facilities will be evaluated to determine if they comply with ISO-9001
> certification requirements.
>
> The manufacturing locations described must be those intended for
> actual production under this contract.

2.  **Installation Plan and Schedule**

> \(a\) Installation plan - Provide narrative discussion of offeror's
> planned installation procedures for the following equipment:
>
> \(i\) PPT equipment and associated connection to 480 volt panel
>
> \(ii\) Excitation system equipment
>
> \(iii\) Modifications to existing generator control switchboard
> equipment The plan and procedures should fully address all equipment
> removal, manufacturing, shipping, installation, commissioning, and
> testing of the excitation system equipment and associated components
> identified in Division 16 of the specifications.
>
> \(iv\) Provide the testing, commission and checkout procedures to be
> utilized at the field installation with time lines.
>
> \(b\) Schedule - The plan shall also include a detailed schedule for
> equipment removal, modification, manufacturing, shipping,
> installation, commissioning, and testing of the excitation system
> equipment and associated components. The schedule should detail all
> activities and work items anticipated identifying time lines for
> starting and completing each activity within the outage times
> identified in Section 01146 of the specifications.

3.  **Company Experience -** Furnish a list of Federal, State, local
    government or commercial projects similar in scope, complexity, and
    magnitude to the work required under this solicitation meeting the
    requirements of the specification completed by the offeror within
    the last 5 years, which clearly demonstrate ability to successfully
    accomplish projects in a timely manner, utilize resources and work
    with project owners. Company experience will be evaluated based on
    the following information provided for each project:

> \(a\) Name of project
>
> \(b\) Description of work
>
> \(c\) Contract number, data, and type
>
> \(d\) Name and address of the acquiring Government agency or
> commercial customer
>
> \(e\) Initial contract amount and final contract amount
>
> \(f\) Any problems encountered in performance of the work and
> corrective action(s) taken
>
> \(g\) Name(s), telephone number(s), e-mail addresses of references
> from the acquiring customer (third parties) who may be contacted for
> further information
>
> If subcontractors are proposed to manage the project, perform
> manufacturing work, or remove/install the equipment, the offeror must
> include the same project information for that company performing the
> work.
>
> **4. Past Performance**
>
> \(a\) Describe past performance with contracts similar in scope,
> complexity, and magnitude to this contract. Provide reference,
> telephone numbers, points of contact, and synopsis of all similar
> contracts within the last five (5) years including work duties and
> personnel. This past performance experience will be evaluated based on
> the information provided under company experience as identified above.
>
> \(b\) The past performance will be evaluated based on the following:
>
> Complete and detailed information regarding contracts and subcontracts
> undertaken by the offeror's company (or its joint ventures, or major
> subcontractors) for work related to, or of a similar nature to, that
> required by this solicitation. Experience shall cover the last 5
> years, and shall include contracts and subcontracts currently in
> process for digital electronic exciter control systems.
>
> Information in excess of the 5-year period is not desired unless it is
> particularly pertinent to your [current]{.underline} capability.
> Experience gained as a joint venture shall be included only if the
> offeror sponsored the joint venture, and performed at least 50 percent
> of the actual work. If the offeror has not done business under its
> present organizational name and status over the last 5 years, other
> experience brought to it by principals or through mergers or similar
> corporate creations shall be included.
>
> It is anticipated that, for a proposal to be competitive, the
> requested 5-year period experience must be provided. Offeror shall
> provide description of resolved and unresolved problems related to
> exciter performance and equipment installation.
>
> NOTE: In addition to the past performance information submitted with
> your proposal, Reclamation may gather additional information from
> other sources, both inside and outside of the Government.

**5. Handling and Disposing of Asbestos Containing Materials**

> Provide subcontractor experience for asbestos handling and disposal as
> outlined above in part B.3.
>
> Provide past performance of asbestos handling and disposal
> subcontractor as outlined above in part B.4.
>
> Provide examples of past Environmental Site Assessments and asbestos
> hazard abatement plans.
>
> Provide qualifications that meet the requirements of Section 13285
> subsection 1.05.
>
> Provide third party references name(s), telephone number(s), e-mail
> addresses of
>
> references from the past customers (third parties) who may be
> contacted for further information.

Technical proposals submitted will be treated as confidential
information and will not be disclosed to competitors. Any technical data
or description of techniques considered by the offeror to be proprietary
must be so labeled and identified by the offeror. However, offerors are
cautioned against indiscriminate designation of material as proprietary.

[Addendum to FAR Clause 52.212-01]{.smallcaps}

  -------- ----------------- -------------------------------------- ---------------------
  **14**   **1452.210-70**   **[Brand Name Or Equal \-- Department  **[July
                             of the Interior]{.smallcaps}**         1996]{.smallcaps}**

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

\(a\) The definition for \"brand name\" includes identification of
products by make and model.

\(b\) The Government has affixed the term \"brand name or equal\" to one
or more requirements in this solicitation. Such description is intended
to provide an example of the quality and characteristics the Government
deems satisfactory to fulfill this requirement. Unless the
bidder/offeror clearly indicates in its bid or proposal that it is
offering an \"equal\" product, the bid/offer will be assumed to offer
the brand name product referenced in this solicitation.

(c)(1) Bidders/offerors may offer \"equal\" products (including products
of the brand name manufacturer other than the one described by brand
name) if such products are clearly identified in the bids or proposals.
The evaluation of bids or proposals and the determination as to equality
of the product offered will be based on information furnished or
identified by the bidder/offeror in its bid or proposal. The Contracting
Officer is not responsible for locating or securing information which is
not identified in the bid or proposal. Each bidder and offeror shall
furnish as a part of its bid or proposal all descriptive material (such
as cuts, illustrations, drawings, or other information) necessary for
the Contracting Officer to:

i\. establish exactly what the bidder/offeror proposes to furnish.

ii\. determine whether the product offered meets the salient
characteristics required by the solicitation.

\(2\) If the bidder/offeror proposes to modify a product to make it
conform to the requirements of the solicitation, the bid or proposal
should contain a clear description of the proposed modification and
clearly mark the descriptive material to show the proposed modification.

\(3\) Modifications proposed after the date of receipt of proposals to
make a product conform to a brand name product referenced in the
solicitation will not be considered.

[Addendum to FAR Clause 52.212-01]{.smallcaps}

  -------- -------------- --------------------------------------- ---------------------
  **15**   **52.211-1**   **[Availability of Specifications       **[August
                          Listed in the GSA Index of Federal      1998]{.smallcaps}**
                          Specifications, Standards, and          
                          Commercial Item Descriptions, FPMR Part 
                          101-29]{.smallcaps}**                   

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

\(a\) The GSA Index of Federal Specifications, Standards and Commercial
Item Descriptions, FPMR Part 101-29, and copies of specifications,
standards, and commercial item descriptions cited in this solicitation
may be obtained for a fee by submitting a request to\--

> GSA Federal Supply Service\
> Specifications Section, Suite 8100\
> 470 East L'Enfant Plaza SW\
> Washington, DC 20407
>
> Telephone (202) 619-8925
>
> Facsimile (202) 619-8978.

\(b\) If the General Services Administration, Department of Agriculture,
or Department of Veterans Affairs issued this solicitation, a single
copy of specifications, standards, and commercial item descriptions
cited in this solicitation may be obtained free of charge by submitting
a request to the addressee in paragraph (a) of this provision.
Additional copies will be issued for a fee.

[Addendum to FAR Clause 52.212-01]{.smallcaps}

  -------- -------------- --------------------------------------- ---------------------
  **16**   **52.211-2**   **[Availability of Specifications,      **[January
                          Standards, and Data Item Descriptions   2006]{.smallcaps}**
                          Listed in the Acquisition Streamlining  
                          and Standardization Information System  
                          (ASSIST)]{.smallcaps}**                 

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

\(a\) Most unclassified Defense specifications and standards may be
downloaded from the following ASSIST websites:

> \(1\) ASSIST ( <http://assist.daps.dla.mil/>;
>
> \(2\) Quick Search (<http://assist.daps.dla.mil/quicksearch/> )
>
> \(3\) ASSISTdocs.com ( [http://assistdocs.com](http://assistdocs.com/)
> ).

\(b\) Documents not available from ASSIST may be ordered from the
Department of Defense Single Stock Point (DoDSSP) by---

> \(1\) Using the ASSIST Shopping Wizard (
> <http://assist.daps.dla.mil/wizard> );
>
> \(2\) Phoning the DoDSSP Customer Service Desk (215) 697-2197,
> Mon-Fri, 0730 to 1600 EST; or
>
> \(3\) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue,
> Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile
> (215) 697-1462.

[Addendum to FAR Clause 52.212-01]{.smallcaps}

  ---------------------- ---------------------------- --------------------------------- ---------------------
  **[17]{.smallcaps}**   **[WBR                       **[Notice Of Intent To Acquire    **[March
                         1452.211-80]{.smallcaps}**   Metric Products And Services \--  1993]{.smallcaps}**
                                                      Bureau of                         
                                                      Reclamation]{.smallcaps}**        

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

\(a\) Metric Transition Plan. The Department of the Interior on December
6, 1991, issued a Metric Transition Program (Part 758 Department Manual
Chapter 1) to establish and describe the program\'s policies and
responsibilities. The Bureau of Reclamation (Reclamation), has developed
a Metric Transition Plan to implement metrication in Reclamation. This
plan describes Reclamation\'s overall strategy for using the metric
system, defines general requirements and procedures for carrying out the
transition, and details the tasks with milestones for Reclamation
offices to complete.

\(b\) The Omnibus Trade and Competitiveness Act of 1988 (Trade Act).

\(1\) Section 5164 of Public Law 100-418, the Trade Act, amended the
Metric Conversion Act of 1975 and designated the metric system of
weights and measures for United States trade and commerce.

\(2\) The Trade Act establishes September 30, 1992 as the implementation
date (to the extent economically feasible) for Federal agencies to use
the metric system of measurement in its procurements, grants, and other
business-related activities.

\(3\) The Trade Act permits exceptions to the use of the metric system
to the extent that such use is impractical or is likely to cause
significant inefficiencies or loss of markets to United States firms,
such as when foreign competitors are producing competing products in
non-metric units.

\(4\) As a result of the Trade Act, the President issued Executive Order
12770 dated July 25, 1991, to implement the congressional designation of
the metric system as the preferred system of weights and measures for
United States trade and commerce.

\(c\) Bureau of Reclamation Implementation. As a result of the Trade
Act, Reclamation will, to the maximum extent practicable, use hard
conversion and soft conversion metric systems in designing its
construction projects, eventually phasing out use of the soft conversion
metric system. Exceptions to this policy will only be made when such use
is impractical, produces inefficiencies or market losses, or is not
economically feasible.

\(d\) Expected Results. Reclamation expects its support of the metric
system to result in increased use of the metric system by U.S.
contractors, thereby increasing their ability to compete in the
international marketplace. Increasing use of the metric system by U.S.
contractors will eliminate possible restrictions on their bidding in the
international marketplace and will eliminate any impact of economic
blocks by metric countries restricting the acceptance of non-metric
products.

[Addendum to FAR Clause 52.212-01]{.smallcaps}

  -------- --------------- ---------------------------------- ---------------------
  **18**   **WBR           **[Notice of Applicability \--     **[January
           1452.222-80**   Cooperation with Authorities and   2004]{.smallcaps}**
                           Remedies - Child Labor - Bureau of 
                           Reclamation]{.smallcaps}**         

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

\(a\) The clause at FAR 52.222-19, Child Labor, Cooperation with
Authorities and Remedies, does not apply to Bureau of Reclamation
acquisitions to the extent that the contractor is supplying end products
mined, produced, or manufactured in -

\(1\) Canada, and the anticipated value of the acquisition is \$175,000
or more; and

\(2\) Israel, and the anticipated value of the acquisition is \$175,000
or more.

\(b\) Nonapplicability thresholds for other countries are the same as
listed in the FAR clause.

[Addendum to FAR Clause 52.212-01]{.smallcaps}

  -------- --------------- --------------------------------- ---------------------
  **19**   **WBR           **[Agency Procurement Protests    **[September
           1452.233-80**   \-- Bureau of                     1997]{.smallcaps}**
                           Reclamation]{.smallcaps}**        

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

\(a\) Executive Order 12979, Agency Procurement Protests, establishes
policy on agency procurement protests. This policy is implemented at
section 33.103 of the Federal Acquisition Regulation. For solicitations
issued by the Bureau of Reclamation, an interested party may request
independent review of its protest by the Bureau Procurement Chief.

\(b\) This independent review is available as an alternative to
consideration by the contracting officer or as an appeal of the
contracting officer\'s decision on a protest. An interested party may:

\(1\) Protest to the contracting officer;

\(2\) Protest directly to the Bureau Procurement Chief, without first
protesting to the contracting officer; or

\(3\) Appeal a contracting officer\'s decision to the Bureau Procurement
Chief.

\(c\) An appeal of the contracting officer\'s decision must be received
by the Bureau Procurement Chief (Bureau of Reclamation, Denver Federal
Center, Bldg. 67, P.O. Box 25007 (D-7800), Denver, CO 80225-25007) no
later than 3 days after receipt of that decision by the interested
party. The Bureau Procurement Chief shall render a decision no later
than 5 days after receipt of an appeal.

\(d\) If there is an appellate review of the contracting officer\'s
decision by the Bureau Procurement Chief, it will not extend the General
Accounting Office\'s timeliness requirements. Therefore, any subsequent
protest to the GAO must be filed within 10 days of knowledge of initial
adverse agency action (4 CFR 21.2(a)(3)).

  -------- --------------- -------------------------------------- ---------------------
  **20**   **52.212-02**   **[Evaluation -- Commercial            **[January
                           Items]{.smallcaps}**                   1999]{.smallcaps}**

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

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

> **Suitability/Quality of Equipment and Manufacturing Facilities;**
>
> **Installation Plan and Schedule;**
>
> **Company Experience;**
>
> **Past Performance**

The relative importance of the evaluation factors listed above is as
follows: Suitability/Quality of Equipment and Manufacturing Facilities;
Installation Plan and Schedule; Company Experience; and, Past
Performance. The evaluation factors are listed in descending order of
importance with the most important factor listed first. All evaluation
factors, other than cost or price, when combined are significantly more
important that cost or price. However, the degree of importance of cost
or price may increase with the degree of non-cost or non-price equality
between the proposals. If a proposal is determined by the Contracting
Officer to be \"technically unacceptable\" as a result of evaluating all
factors other than cost or price, the proposal may be rejected from
further consideration. The Contracting Officer reserves the right to
make award to other than the technically-acceptable offeror with the
lowest cost/price proposal if it is determined that the technical
benefits of another offeror\'s proposal justify its higher cost/price.
The Contracting Officer also reserves the right to make award to a
lower-cost/price, lower-scored offeror if it is determined that the
cost/price premium involved in awarding to a higher-rated,
higher-cost/price offeror is not justified.

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

[Addendum to FAR Clause 52.212-02]{.smallcaps}

  -------- ---------- ------------------------------------ -----------------
  **21**              **[Evaluation Factors]{.smallcaps}** 

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

\(a\) The following factors and significant sub-factors will be
considered in evaluating proposals. The factors are listed in descending
order of importance. If a proposal is determined by the Contracting
Officer to be "technically unacceptable" as a result of evaluating all
factors, the proposal may be rejected from further consideration.

> **(1) Factor 1- Suitability/Quality of Equipment and Manufacturing
> Facilities**
>
> \(a\) Suitability/quality of equipment
>
> This subsection will be evaluated based on completeness of the
> technical data and information provided for the digital excitation
> system and associated interface components which detail proposed
> equipment capabilities that meet (or exceed) performance and
> operational requirements listed in Division 16 of the specifications.
>
> The more complete the technical data and descriptions of equipment,
> features, ratings, capabilities, dimensions, installation methods,
> proposed testing methods and procedures, and general engineering
> approach, the more favorably the proposal will be evaluated.
>
> \(b\) Manufacturing facilities
>
> This subsection will be evaluated based on the details provided on the
> specific manufacturing facilities planned for manufacturing the
> equipment. The offeror's proven manufacturing quality, capability, and
> quality control procedures will be evaluated on equipment manufactured
> for installation in the United States complying with United States
> standards including ANSI, NEMA, IEEE, ASTM, and other standards
> referenced in Division 16 of the specifications.
>
> The more detailed the information provided of the proposed
> manufacturing method and facilities to be used during fabrication,
> including subassemblies or work items to be accomplished at each
> facility, description of the facilities, location, capabilities, as
> well as descriptions of pertinent manufacturing techniques and
> procedures for manufacturing, the more favorably the proposal will be
> evaluated.
>
> The quality control program/procedures for the proposed facilities
> will be evaluated to determine if they comply with ISO-9001
> certification requirements.
>
> The manufacturing locations described must be those intended for
> actual production under this contract. Facilities with a skilled and
> experienced work force and an extensive history of high-quality
> manufacturing will be preferred in the evaluation.
>
> Facilities that have a proven track record of producing high-quality,
> reliable equipment that meets or exceeds their customer's requirements
> will be evaluated more favorably.
>
> **(2) Factor 2- Installation Plan and Schedule**
>
> a\. Installation plan
>
> The plan and procedures should fully address all equipment removal,
> modification, manufacturing, shipping, installation, commissioning,
> and testing of the excitation system equipment and associated
> components identified in Division 16 of the specifications.
>
> The more detailed and complete the installation plan and procedures
> and interrelationships recognized and identified between work items,
> the more knowledgeable of the complexity of this project the offeror
> will be perceived to be and will be evaluated more favorably.
>
> b\. Schedule
>
> This subsection will be evaluated based on the detail contained in the
> total project schedule provided for equipment removal, manufacturing,
> shipping, installation, commissioning, and testing of the excitation
> system equipment and associated components. The schedule should detail
> all activities and work items anticipated and shall identifying time
> lines for starting and completing each activity within the outage
> times identified in Section 01146 of the specifications.
>
> Proposals that lack detail in work activities presented or totally
> omit project activities deemed critical to timely completion of
> project within outage periods identified in the specifications will be
> evaluated less favorably.
>
> **(3) Factor 3- Company Experience**
>
> This section will be evaluated based on the detailed information
> provided in the list of Federal, State, local government or commercial
> projects similar in scope, complexity, and magnitude to the work
> required under this solicitation that meet (or exceed) the
> requirements of the specification completed by the offeror within the
> last 5 years, which clearly demonstrate ability to successfully
> accomplish projects in a timely manner, utilize resources and work
> with project owners.
>
> References with incorrect or missing phone numbers, contact names, or
> e-mails may not be evaluated, potentially resulting in a less
> favorable rating of the offeror\'s proposal.
>
> **(4) Factor 4- Past Performance**
>
> Complete and detailed information regarding contracts and subcontracts
> undertaken by the offeror's company (or its joint ventures, or major
> subcontractors) for work related to, or of a similar nature to, that
> required by this solicitation. Experience shall cover the last 5
> years, and shall include contracts and subcontracts currently in
> process for digital electronic exciter control systems.
>
> Information in excess of the 5-year period is not desired unless it is
> particularly pertinent to your [current]{.underline} capability.
> Experience gained as a joint venture shall be included only if the
> offeror sponsored the joint venture, and performed at least 50 percent
> of the actual work. If the offeror has not done business under its
> present organizational name and status over the last 5 years, other
> experience brought to it by principals or through mergers or similar
> corporate creations shall be included. It is anticipated that, for a
> proposal to be competitive, the requested 5-year period experience
> must be provided.
>
> Offeror shall provide description of resolved and unresolved problems
> related to excitation system performance or installation.
>
> a\. In relation to the evaluation of other non-cost factors, the
> evaluation of past performance will consider past performance as less
> important than any of the technical factors.
>
> b\. The Government will evaluate the quality of the offeror's past
> performance. This evaluation is separate and distinct from the
> Contracting Officer's responsibility determination. The assessment of
> the offeror's past performance will be used to evaluate the relative
> capability of the offeror and other competitors to successfully meet
> the requirements of the RFP. Past performance of significant and/or
> critical subcontractors will be considered to the extent warranted by
> the subcontractor's involvement in the proposed effort. Past
> performance of "key personnel", if any, shall not be considered.
>
> c\. The Government reserves the right to obtain information for use in
> the evaluation of past performance from any and all resources
> including sources outside of the Government. Offerors lacking relevant
> past performance history will receive a neutral rating of past
> performance. However, the proposal of an offeror with no relevant past
> performance history, while rated neutral in past performance, may not
> represent the most advantageous proposal to the Government and thus,
> may be an unsuccessful proposal when compared to the proposals of
> other offerors. The offeror must provide the information requested
> above for past performance evaluation or affirmatively state that it
> possesses no relevant directly related or similar past performance
> experience. The Government reserves the right not to evaluate or
> consider for award the entire proposal form an offeror which fails to
> provide the past performance information or which fails to assert that
> it has no relevant directly related or similar past performance
> experience.

\(b\) Offerors should submit proposals that are acceptable without
additional explanation or information. The Government may make a final
determination regarding a proposal's acceptability solely on the basis
of the proposal as submitted and the Government may proceed withaward
without requesting further information from any offeror; however, the
Government may request additional information from offerors of proposals
that it considers reasonably susceptible of being made acceptable, and
may discuss proposals with their offerors.

Technical proposals will be evaluated and will be categorized as:

\- Outstanding

\- Better

\- Acceptable

\- Marginal

\- Unacceptable

[Definitions]{.underline}:

"**OUTSTANDING" O** The equipment proposed clearly exceeds the
requirements identified in the specifications, the facilities are
clearly capable of ensuring a high degree of quality in the products
manufactured, the installation plan and schedule clearly demonstrates
steps necessary and time available so there is very little risk that
work will not be completed within the identified schedule, and the
company has demonstrated extensive experience in the type of work
specified.

"**BETTER" B** The equipment proposed exceeds the requirements
identified in the specifications, the facilities are capable of ensuring
a quality product is manufactured, the installation plan and schedule
include steps necessary and time available so there is little risk that
work will not be completed within the identified schedule, and the
company has demonstrated good experience in the type of work specified.

**"ACCEPTABLE" A** The equipment proposed meets the requirements
identified in the specifications, the facilities are adequate to
ensuring the products manufactured in accordance with industry
standards, the installation plan and schedule demonstrates steps
necessary and time available so the work should be completed within the
identified schedule, and the company has demonstrated adequate
experience in the type of work specified.

**"MARGINAL" M** Less than "Acceptable." The proposed equipment does not
meet the requirements identified in the specifications in some respects,
the facilities may not be capable of ensuring a quality product is
manufactured, the installation plan and schedule does not include all
steps necessary and time available for the work to be accomplished, and
the company has not demonstrated adequate experience in the type of work
specified. If award is made on initial offers, there will not be an
opportunity for discussions nor a chance to become at least
"Acceptable."

**"UNACCEPTABLE" U** The proposed equipment does not meet the
requirements in the specifications in critical respects, the facilities
do not appear to be capable of ensuring a quality product is
manufactured, the installation plan and schedule omits critical steps
necessary and time available for the work to be accomplished, and the
company has not demonstrated experience in the type of work specified..
(When applying this adjective to the technical proposal as a whole, the
technical proposal must be so unacceptable in one or more areas that it
would have to be significantly revised to attempt to make it other than
unacceptable).

Past Performance will be evaluated and will be categorized as:

\- Neutral

\- Outstanding

\- Better

\- Satisfactory

\- Marginal

**[NEUTRAL]{.underline}**: No relevant past performance available for
evaluation

Offeror has asserted that it has no relevant directly related

or similar past performance experience. Proposal receives

no merit or demerit for this factor.

**[OUTSTANDING]{.underline}**: No risk anticipated with delivery of
quality product, on

time, or of any degradation of performance or lack of

customer satisfaction (or cost growth if applicable) based

upon offeror's past performance.

**[BETTER]{.underline}**: Very little risk anticipated with delivery of
quality product,

on time, or of degradation of performance or lack of

customer satisfaction (or cost growth if applicable) based

upon the offeror's past performance.

**[SATISFACTORY]{.underline}**: Some potential risk anticipated with
delivery of quality

product, on time, and of degradation or lack of customer

satisfaction (or cost growth if applicable) based upon the

offeror's past performance.

**[MARGINAL]{.underline}**: Significant potential risk anticipated with
delivery of

quality product, on time, and of degradation of

performance based upon the offeror's past

performance. (A rating of "Marginal" does not by itself

make the proposal ineligible for award).

[Addendum to FAR Clause 52.212-02]{.smallcaps}

  -------- --------------- --------------------------------- ---------------------
  **22**   **WBR           **[Notice of Trade Agreements Act **[May
           1452.225-82**   Evaluations \-- Bureau of         2005]{.smallcaps}**
                           Reclamation]{.smallcaps}**        

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

In accordance with the Agreement on Government Procurement, as amended
by the Uruguay Round Agreements Act (Pub. L. 103-465), and other trade
agreements, FAR Subpart 25.4, Trade Agreements, applies to Bureau of
Reclamation acquisitions. In order to apply trade agreements unique to
Reclamation, the contracting officer will (irrespective of any other
provision or clause of this solicitation) evaluate acquisitions at or
above the dollar thresholds listed below without regard to the
restrictions of the Buy American Act:

  ----------------- ----------------- ----------------- -----------------
  Trade Agreement   Supply Contract   Service Contract  Construction

  TAA/CEBTI\*       \$175,000         \$175,000         \$6,725,000

  FTAs\*\*                                              

  NAFTA --          \$58,550          \$58,550          \$6,725,000
  Australia                                             

  NAFTA -- Canada   \$175,000         \$175,000         \$7,611,532

  NAFTA -- Mexico   \$58,550          \$58,550          \$7,611,532

  Chile FTA         \$58,550          \$58,550          \$6,725,000

  Singapore FTA     \$58,550          \$58,550          \$6,725,000

  Israeli Trade Act \$175,000                           
  ----------------- ----------------- ----------------- -----------------

\*Trade Agreements Act/Caribbean Basin Trade Initiative

\*\*Free Trade Agreements

  -------- --------------- --------------------------------------- ---------------------
  **23**   **52.212-03**   **[Offeror Representations And          **[January
                           Certifications - Commercial             2005]{.smallcaps}**
                           Items.]{.smallcaps}**                   

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

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

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

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

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

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

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

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

\(1\) Means a small business concern-

> \(i\) Not less than 51 percent of which is owned by one or more
> service-disabled veterans or, in the case of any publicly owned
> business, not less than 51 percent of the stock of which is owned by
> one or more service-disabled veterans; and
>
> \(ii\) The management and daily business operations of which are
> controlled by one or more service-disabled veterans or, in the case of
> a service-disabled veteran with permanent and severe disability, the
> spouse or permanent caregiver of such veteran.

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

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

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

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

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

\"Women-owned 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 is to be performed inside 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, \[ \]
is not** 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):*

  ------------------------ ---------------------- ----------------------- ----------------------------------
  [No. of                                         [Avg. Annual Gross      
  Employees]{.underline}                          Revenues]{.underline}   

                           50 or fewer                                    \$1 million or less

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

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

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

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

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

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

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

> \(i\) General. The offeror represents that either-
>
> \(A\) It **\[ \] is, \[ \] is not** certified by the Small Business
> Administration as a small disadvantaged business concern and
> identified, on the date of this representation, as a certified small
> disadvantaged business concern in the database maintained by the Small
> Business Administration (PRO-Net), and that no material change in
> disadvantaged ownership and control has occurred since its
> certification, and, where the concern is owned by one or more
> individuals claiming disadvantaged status, the net worth of each
> individual upon whom the certification is based does not exceed
> \$750,000 after taking into account the applicable exclusions set
> forth at 13 CFR 124.104(c)(2);
>
> or
>
> \(B\) It **\[ \] has, \[ \] has not** submitted a completed
> application to the Small Business Administration or a Private
> Certifier to be certified as a small disadvantaged business concern in
> accordance with 13 CFR 124, Subpart B, and a decision on that
> application is pending, and that no material change in disadvantaged
> ownership and control has occurred since its application was
> submitted.
>
> \(ii\) \[ \] Joint Ventures under the Price Evaluation Adjustment for
> Small Disadvantaged Business Concerns. The offeror represents, as part
> of its offer, that it is a joint venture that complies with the
> requirements in 13 CFR 124.1002(f) and that the representation in
> paragraph (c)(9)(i) of this provision is accurate for the small
> disadvantaged business concern that is participating in the joint
> venture. *\[The offeror shall enter the name of the small
> disadvantaged business concern that is participating in the joint
> venture:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]*

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

> \(i\) It **\[ \] is, \[ \] is not** a HUBZone small business concern
> listed, on the date of this representation, on the List of Qualified
> HUBZone Small Business Concerns maintained by the Small Business
> Administration, and no material change in ownership and control,
> principal place 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 on the joint
> venture. *\[The offeror shall enter the name or names of the HUBZone
> small business concern or concerns that are participating in the joint
> venture:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]*
> Each HUBZone small business concern participating in the joint venture
> shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

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

\(2\) Foreign End Products:

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

                              

                              

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

\[List as necessary\]

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

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

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

  ------------------- ------- --------------------------------------------
  FTA Country of              
  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 (May 2002). If Alternate I to the clause at FAR
52.225-3 is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are
Canadian end products as defined in the clause of this solicitation
entitled \"Buy American Act- Free Trade Agreement-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 (May 2002). If Alternate II to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

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

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

\[List as necessary\]

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

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

Other End Products:

Line Item No. Country of Origin

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

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

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

\[List as necessary\]

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

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

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

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

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

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

\(1\) Listed end 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.