Sow (1)

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL)

Request for Quote (RFQ) ________________________________________ INL/Tegucigalpa, Honduras 18 Pickup Trucks (Brand Name or Equal)

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 -1-

LIST OF SECTIONS Section 1 – Submission and RFQ Information Section 2 – Statement of Work Section 3 – Evaluation Instructions and Criteria Section 4 – Delivery Terms Section 5 – Contract Clauses

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 -2-

SECTION 1 SUBMISSION AND RFQ INFORMATION 1.1 INFORMATION TO CONTRACTOR Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked.

Marking of items will not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable.

1.2 QUESTIONS CONCERNING THE REQUEST FOR QUOTE Offerors are warned against contacting any INL personnel other than the Contract Specialist prior to award of the Contract resulting from this RFQ. If contact occurs and is found to be prejudicial to competing vendors, the vendor making contact may be excluded from award consideration. Answers to inquiries/questions, if given, shall be provided in writing to all vendors being solicited via FedBid. No information concerning this RFQ shall be provided in response to telephone calls.

1.3 NOTICE OF RFQ CLOSING DATE AND TIME All offers shall be submitted to the designated Government Representative(s) via FedBid NLT 11:00 A.M. (local Washington D.C. time) on 14 February 2018.

Name: Jeffrey Lloyd Title: Contract Support Specialist E-mail: LloydJD@state.gov 1.4 CONTRACTOR RELATIONSHIPS The Department of State (DOS) encourages the use of subcontractors. In addition, the Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls established prior to award.

1.5 MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

1.6 PERIOD OF ACCEPTANCE OF OFFERS Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

1.7 QUOTATION SUBMISSION FORMAT 1.7.1 Format for Technical and Cost/Price Quotation Proposals shall be organized in the following files:  Volume I – Technical Proposal o Part A: Product Details o Part B: Past Performance  Volume II – Cost/Price o Submitted via FedBid Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 -3-

1.8 DETAILED SUBMISSION REQUIREMENTS Vendors shall limit the total number of pages to no more than fifteen (15), 12 Point Font, Times New Roman in either Microsoft Office 2007 or later or Adobe PDF format. All quotes shall include the following:





   

DESCRIPTION: Description/nomenclature of the items being quoted; product literature may be provided. Quotation must demonstrate compliance with all required features and include description of warranty terms. Operations manuals must be provided in English and Spanish.

Vehicles should comply with all Federal Motor Vehicle Safety Standards (FMVSS) and Federal regulations applicable. Chassis and components should be represented in the manufacturer’s current technical data. Materials used should be new and not less than the quality conforming to current engineering and manufacturing practices. Product images are required.

PAST PERFORMANCE: A list of contracts within the last two (2) years for the provision of comparable requirements to federal or commercial customers. The list shall include contact information (name, organization, email, and phone) and limited to no more than five (5) references.

PRICE: Unit and extended prices, inclusive of delivery/warranty/maintenance charges.

DELIVERY DATE: Proposed delivery date(s) and method of delivery.

DUNS NUMBER: DUNS number and statement or proof that the offeror is registered in SAM.gov.

CERTIFICATIONS: Completed certifications (FAR 52.212-3) or statement that the certifications are included already at the ORCA web site (https://orca.bpn.gov/).

Vendor shall be limited to no more than three (3) separate digital files for a proposal package uploaded to FedBid.

Should a warranty be required, a complete description of all warranty terms and conditions must be included in the proposal. For more information on minimum warranty specifications, see: Technical Specifications.

Proposals that include only the information found in the solicitation (e.g., copied/pasted) will not be considered a complete proposal. Vendor submissions must include a detailed description of the items that will be provided. This information may include, but is not limited to, part or manufacturer numbers, brand names (if applicable), line drawings, or photographs.

1.9 EVALUATION FACTOR/BASIS FOR AWARD The Government will award a contract resulting from this solicitation to the responsible vendor providing the Lowest Priced Technically Acceptable (LPTA) quote determined to meet the minimum requirements described in the SOW. For further information reference Section 3.

1.10 TYPE OF CONTRACT This is a firm-fixed price, single award contract with optional quantities. Items outlined under Section 2 Statement of Work, Equipment List shall be brand name or equal of the purchase request. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor’s failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract, nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

The Contractor shall provide to the U.S. Government the new products as described in the specifications for the stated firm fixed price. Further, the Contractor shall properly perform the pre-delivery inspection on the products and deliver them to the location set forth under Place of Delivery of this contract. The Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 -4-

firm fixed price shall include the products’ pre-delivery inspection, certificates of origin, operator’s manuals, warranty certificates and any other documentation mandated by Honduras. *Awards are subject to the availability of funding.

1.11 SET-ASIDE This acquisition is 100% small business set-aside.

1.12 NAICS CODE The NAICS Code for this requirement shall be 423110- Automobile and Other Motor Vehicle Merchant Wholesalers with a size standard of 250 employees.

1.13 EFFECTIVE PERIOD OF CONTRACT This contract shall be effective on the date of the Contracting Officer's signature and shall remain valid until all commodities are received, inspected and installed at final destination INL/Tegucigalpa, Honduras.

1.14

CONTRACTING OFFICE ADDRESS

Amy Kara Contracting Officer U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs Grants, Acquisitions, and Procurement Policy (INL/RM/GAPP) Columbia Plaza-2401 E ST NW, Washington, DC 20037 Phone: 202-736-9130

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Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 -5-

SECTION 2 STATEMENT OF WORK (SOW) 2.1 BACKGROUND The US Department of State’s (DOS) Bureau of International Narcotics and Law Enforcement Affairs (INL), has program authority derived from the Foreign Assistance Act of 1961. The International Narcotics and Law Enforcement Section (INL-H) of the US Embassy Tegucigalpa, Honduras, is responsible for providing assistance to host governments to develop and implement effective counter narcotics, anticrime, and border control programs. INL-H works closely with US law enforcement agencies to ensure that Honduras has the training and the tools needed to combat illicit drug traffic and transnational organized crime. Strengthening the Honduran Government’s ability to extend its authority throughout Honduras is an INL-Honduras priority. The TIGRES (Honduran National Police Inter-Agency Special Security Response Unit) Program plays a key role in attacking the sources of insecurity in Honduras, in both urban and in the remote rural areas. The TIGRES are the “force of choice” for the Government of Honduras (GOH) and USG authorities seeking to capture High Value Targets, such as narcotrafficking and criminal organization leadership.

2.2 SCOPE OF WORK INL Honduras requires the purchase of eighteen (18) 4x4, double cabin, diesel, Pickup Trucks. Vehicles will be used by the Honduran National Police (HNP) TIGRES Unit in order to have adequate transportation to rapidly respond to counter-narcotics operations and missions throughout Honduras. The unit is required to travel to remote areas where the roads and terrain are rough. The vehicles must be inconspicuous in order to avoid calling attention to the ongoing operation. The vehicles must also be able to be maintained commercially by trained mechanics within Honduras with spare parts locally available at reasonable costs and that can be covered by the local dealer warranty.

2.3

REQUIREMENTS AND TECHNICAL SPECIFICATIONS a. The Contractor shall provide eighteen (18) 4x4, double cabin, diesel, pickup trucks brand name or equal to the 2017 Toyota Hilux. b. The Contractor shall ensure that all vehicles are new, model year 2017 or later. c. The Contractor shall ensure that the vehicle, chassis, modular body, equipment, devices, accessories, and electronic equipment on all vehicles be standard commercial products with no modifications that exceed the requirements of this specification. d. The Contractor shall ensure the performance package for all vehicles meets or exceed the standard performance package of the 2017 Toyota Hilux. e. The Contractor shall ensure the equipment package for all vehicles meet or exceed the standard basic equipment package of the 2017 Toyota Hilux. f. The Contractor shall ensure the interior and exterior package for all vehicles meet or exceed the standard interior and exterior package of the 2017 Toyota Hilux. g. Contractor shall ensure the security package for all vehicles meet or exceed the standard security package of the 2017 Toyota Hilux. h. The Contractor shall ensure the materials used in the construction of all vehicles will be new and not less than the quality conforming to current engineering and manufacturing practices. i. The Contractor shall ensure the materials used in the construction of all vehicles will be free of defects and suitable for the intended use. j. The Contractor shall ensure that all vehicles are equipped with corresponding Operator’s Manual in English and Spanish. k. The Contractor shall ensure that the warranty, shipping and delivery for all vehicles be in accordance with the specifications, requirements, and timeframe as stipulated herein.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 -6-

l. All vehicle maintenance as recommended by the manufacture shall be done in Honduras. m. The Contractor shall procure all vehicles in Honduras, and will provide delivery and set up to locations within Honduras.

2.3.1

CLIN 001: PICKUP TRUCK – 2017 TOYOTA HILUX (BRAND NAME OR EQUAL) QUANTITY: 18 EA (each) SPECS: ITEM

MAKE, MODEL AND YEAR

MINIMUM REQUIREMENTS

ENGINE

Toyota Hilux (Brand Name or Equal) 4x4 Double Cabin Diesel Pickup Truck Year: 2017 (1kd-ftv)/(3000 Cylinders)/ Diesel 161 hp/ 3400 RPM or equal

DRIVE

Power Steering

VEHICLE TYPE

Pickup Truck, 4x4, 4-door, seating for 4-6 persons

TRANSMISSION

5 speed Automatic transmission or equal

FUEL TYPE

Diesel

FUEL CAPACITY

_20-22_ gallons or more

EXTERIOR

Electrical four passenger door windows, headlamps, anti-fog halogens, 265/65R17 all terrain wheels, rearview mirrors with retractable function, mud flaps in all wheels, back and front bumper.

INTERIOR

Air conditioner front and rear, auxiliary lighting, powered front and rear windows, power mirrors, automatic door lock, driver and front passenger visor, cruise control, cup holders , defogger (front-side windows)

SUSPENSION

Front: Double front suspension fork, shock and spring

SAFETY ACCESORIES

Rear: Rear leaf spring suspension Airbags on front for driver and passenger, door beams

BRAKES

4 Wheels antilock, 4 Wheel disc/Transmission shift interlock

TIRES

265/65R17 All terrain, aluminum wheels, 1 spare or equal

TECHNOLOGY

Rear Camera

COLOR

Metallic Silver or Metallic Gray

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 -7-

2.3.2

CLIN 003: WARRANTY (MEET OR EXCEED) QUANTITY: 18 EA (each) SPECS: ITEM

WARRANTY

MINIMUM REQUIREMENTS Service covers up to 100,000 km or 3 years (whichever comes first).

Coverage of motor parts, transmission, differential parts. Coverage for manufacturer defects not due to accidents.

2.4 BRAND NAME OR EQUAL This requirement is Brand Name or Equal. The items listed in the RFQ and affiliated appendices are intended to be descriptive, but not restrictive, and are to indicate the quality and characteristics of products that will be satisfactory. Bids offering “equal� products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation.

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Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 -8-

SECTION 3 EVALUATION INSTRUCTIONS AND CRITERIA 3.1

EVALUATION CRITERIA

The Government will award a contract resulting from this solicitation to the responsible vendor providing the Lowest Priced Technically Acceptable (LPTA) quote determined to meet the minimum requirements described in the SOW. In addition, there are other considerations that may be taken into account: 1. The Government reserves the right to reject a quotation that is technically unacceptable or unreasonably high in price.

2. The Government will determine acceptability by assessing the offeror’s compliance with the terms of the Request for Quotation (RFQ).

3. The offerors must be able to demonstrate that it has the necessary resources to provide ontime delivery at a high level of quality.

4. The offerors shall be registered to do business in the host country or to partner with a host country registered business, this is required in order to provide maintenance, repairs and spare parts since this type of equipment involves security and safety.

5. The offerors must have a valid international warranty on the products offered so the sales representative may be able to claim this warranty and coordinate possible replacement to the end user without incurring in additional expenses.

3.2

TECHNICALLY ACCEPTABLE/UNACCEPTABLE

Acceptable

Unacceptable

Demonstrates understanding of requirements as outlined in the Request for Quote; meets or exceed the specifications outlined on this solicitation; may have strengths; have no significant weaknesses and no deficiencies; and demonstrates good understanding of requirement.

Demonstrates a lack of understanding of the requirements set for in the Solicitation; fails to meet the specifications outlined on this solicitation; has major weakness or deficiencies, which cannot be corrected without major changes to the quote.

3.3 ADDITIONAL INFORMATION AND REQUIREMENTS: In order to receive an award, vendors must be registered in the System for Award Management (sam.gov). All responsible vendors that submit quotations pursuant to the requirements outlined in this document shall be considered by INL. The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 -9-

agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s).

The vendor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government.

Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The vendor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

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Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 10 -

SECTION 4 DELIVERY TERMS 4.1

SHIPPING – FOB DESTINATION

The contractor shall consolidate the entire shipment to prevent loss and misdirection. Any lost or damaged items during shipment shall be replaced by the contractor upon notification.

The items being acquired will be donated to the government of the ultimate destination INL-Tegucigalpa, Honduras. The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package. *Effective May 30, 2013, the Department's Dispatch Agency Consolidated Receiving Points (CRPs) will no longer be able to accept cargo that has a shipping label on the outside of the package that fails to identify the destination post. Unidentified Supply Shipments will be refused by Dispatch Agency and returned at contractor’s expense.

Include a copy of the packing list with original invoice to the Contracting Officer that will provide advance information for Customs clearance purposes. Partial shipments are not allowed.

4.2

DELIVERY SCHEDULE AND INVOICING

All products shall be delivered within 60 days of award of this requirement. If the Government does not receive the products, within this timeframe, the vendor shall include a 10% discount on the final invoice.

4.3

FINAL DELIVERY ADDRESS

All products shall be delivered to: US EMBASSY TEGUCIGALPA, AVENIDA LA PAZ TEGUCIGALPA, HONDURAS POC: INL Victoria Mendoza PHONE NUMBER: +504 2236-9320, x 4221 CELLPHONE NUMBER: +504 9457-3738 EMAIL: Mendozava1@state.gov PLEASE NOTE: All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

4.4

PACKING AND MARKING

If applicable, each box, container, carton, and package shall be marked as follows: US EMBASSY TEGUCIGALPA, HONDURAS, POC: INL Victoria Mendoza Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 11 -

AVENIDA LA PAZ, TEGUCIGALPA, HONDURAS Purchase Order No. (to be determined upon award) Box #__ of __ Improperly marked shipments may be rejected by the Government 4.5

INSPECTIONS AND ACCEPTANCE

The shipping and receiving personnel at the each location will inspect items to verify the correct type of item is received in good working condition. The contractor is required to replace any defective items at no additional cost to the Government.

4.6

EXPORT LICENSE

The contractor shall comply with Sections 38-40 of the Arms Export Control Act (AECA) (22 U.S.C. 2778 2780) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) as required, for the prosecution of work under this contract at no additional cost to the Government. Failure to be in compliance with AECA and ITAR by date planned for commencement of contract performance as well as during the entire performance of work under this contract may result in contract termination.

Any penalties rendered to the contractor, as a direct result of being found non-compliance with AECA and ITAR, will be the responsibility of the contractor. For additional information on AECA and ITAR, see http://www.pmddtc.state.gov/.

4.7

SOLICITATION CONSIDERATIONS

This is a brand name or equal to procurement, Seller certifies that it is an authorized distributer of the similar product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es).

In addition to providing pricing for this solicitation, each Offeror must provide any required, NONPRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent via the FedBid Portal.

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov.

All Quotes must be valid for 90 days from the closing date for this solicitation. No exceptions or qualifications. New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 12 -

provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s).

Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substantially transformed, based solely on its integration into IT or other systems.

The contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

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Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 13 -

SECTION 5 CONTRACT CLAUSES Clauses Incorporated by Reference 52.203-3 --Gratuities (Apr 1984) 52.203-17 --Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 -- System for Award Management Maintenance (Jul 2013) 52.209-10 -- Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015) 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 652.225-71-- Section 8(a) of the Export Administration Act of 1979, as Amended (AUG 1999) 652.229-70 -- Excise Tax Exemption Statement for Contractors Within the United States (JUL 1988) 652.232-70 -- Payment Schedule and Invoice Submission (Fixed-Price) (AUG 1999) 652.242-73 – Authorization and Performance 652.243-70 -- Notices 652.247-70 – Notice of Shipments 652.247-71-- Shipping instructions (FEB 2015) Provisions Incorporated by Reference 52.204-7 -- System for Award Management (Jul 2013) 52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2015) 52.204-18 -- Commercial and Government Entity Code Maintenance (Jul 2015) 52.211-6 -- Brand Name or Equal (Aug 1999) 52.212-1 -- Instructions to Offerors -- Commercial Items (Oct 2015) 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2015) Clauses Incorporated by Full Text 52.212-5 --Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial Items (Feb 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 14 -

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 15 -

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2015) of 52.219-9.

X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 16 -

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 17 -

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for X, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 18 -

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination 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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 19 -

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 20 -

Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to— (i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than— (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (A) 52.203–13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219–8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(E) 52.222–26, Equal Opportunity (Apr 2015) (E.O. 11246).

(F) 52.222–35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(G) 52.222–36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(H) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(I) 52.222–41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(J) X (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 21 -

(K) 52.222–51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(L) 52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

(M) 52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E. O. 13658).

(O) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6.

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

52.217-6 Option for Increased Quantity. (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option].

Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of Clause) Provisions Incorporated by Full Text 52.217-5 Evaluation of Options. (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision) 52.219-1 -- Small Business Program Representations (Oct 2014) (a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

“Service-disabled veteran-owned small business concern”— Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 22 -

(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 servicedisabled 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 the size standard in paragraph (b) of this provision.

“Small disadvantaged business concern,” consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern— (1) 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.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) The North American Industry Classification System (NAICS) code for this acquisition is– ________ [insert NAICS code].

(2) The small business size standard is _______ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (c) Representations.

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

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

(3) [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 o is, o is not a women-owned small business concern.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 23 -

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that— (i) It o is, o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that— (i) It □ is, □ is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [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 o is, o is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it o is, o is not a servicedisabled veteran-owned small business concern.

(8) [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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall— Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 24 -

(i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) Alternate I (Sept 2015). As prescribed in 19.309(a)(2), add the following paragraph (c)(9) to the basic provision: (9) [Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.] The offeror shall check the category in which its ownership falls: _____ Black American. _____ Hispanic American. _____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). _____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). _____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). _____ Individual/concern, other than one of the preceding.

52.225-18 -- Place of Manufacture (Mar 2015) (a) Definitions. As used in this clause— “Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except— (1) FPSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States.

(End of provision) 52.233-2 -- Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 25 -

shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________. [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.] (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of Provision) 652.206-70 Advocate for Competition/Ombudsman (FEB 2015) (a) The Department of State's Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting officer for the solicitation. If concerns remain unresolved, contact: (1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at AQMCompetitionAdvocate@state.gov.

(2) For all others, the Department of State Advocate for Competition at cat@state.gov. (b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman shall maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, [insert name], at [insert telephone and fax numbers]. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1696, or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite1060, SA-15, Washington, DC 20520.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 26 -

(End of provision) 652.225-70 Arab League Boycott of Israel (AUG 1999) (a) Definitions. As used in this provision: “Foreign person” means any person other than a United States person as defined below.

“United States person” means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as provided under the Export Administration Act of 1979, as amended. (b) Certification. By submitting this offer, the offeror certifies that it is not: (1) Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) prohibits a United States person from taking; or, (2) Discriminating in the award of subcontracts on the basis of religion.

(End of provision)

D-004 PACKING LIST(S) 11/01/2008 A packing list or other suitable shipping document shall accompany each shipment and shall include the following information: (a) Name and address of consignor; (b) Name and address of consignee; (c) Government contract number (and delivery order number, if used); (d) Government bill of lading number covering the shipment, if any; and (e) Description of the items shipped, including item number, quantity, number of containers, and package number, if any.

(End of clause) D-005 WARRANTY NOTIFICATION 11/01/2008 In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the supplies are found to be defective.

(End of clause) D-007 PACKAGING AND PALLETIZING 01/01/1999 VENDOR NOTE: The packing and palletizing - if palletizing is required for this order - must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: "Guidelines for Regulating Wood Packaging Material in International Trade" (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated delivery address that do not meet these standards shall be rejected at the vendor's expense. For any additional information concerning these requirements, please refer to the following www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm OR www.aphis.usda.gov/ppq/wpm/import.html.

(End of clause) Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 27 -

D-008 PACKAGING INSTRUCTIONS 11/01/2008 All items must be domestic boxed. Vendor - Mark all crates and boxes with the Order No. referenced in Block 3.

(End of clause) D-009 PACKAGE MARKING 11/01/2008 Each and every box or package containing materials shipped pursuant hereto, shall be marked with the following: the consignee address as shown in Block 6, the name and address of the contractor in Block 7, the order number in Block 3, and the requisition/reference number in Block 4. Packing lists shall be attached to the outside of the box. Palletized stacked material shall not exceed the height of 52 inches.

Vendor shall not ship partials without the proper approval of the consignee. Vender shall supply a copy of the Delivery Order with the packing list.

(End of clause) E-002 INSPECTION AND ACCEPTANCE (F.O.B. Destination) 11/01/2008 Inspection and acceptance shall be made at destination by an authorized representative of the Government.

(End of clause) 01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS 10//26/2011 Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free number: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation: (1) Name and Address of the Contractor (2) Dun and Brad Street Universal Number System (DUNS) (3) Date of invoice (4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information (6) Shipping Terms, Ship to Address (7) Payment Terms (8) Total Quantity of Items (9) Total Invoice Amount (10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions) The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information: (1) Description of the services rendered for each line item (2) Line Item Quantity (3) Line Item Unit Price Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 28 -

(4) Total Line Item Invoicing Amount (5) Delivery Date (6) Contract Line Item Number (CLIN) (7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA) Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payment to domestic claims shall be disbursed by electronic funds transfer EFT. Vendors who are registered in the Central Contractor Registration (CCR) shall verify and re-confirm their financial information in the database prior to invoicing. Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the Name: U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center Mailing Address: Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers: Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm To request Payment Status on a Past Due Invoice contact: Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov Phone: 843-202-3881 (End of clause)

H-024 NONPAYMENT FOR UNAUTHORIZED WORK 11/01/2008 No payments shall be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

(End of clause) H-027 WARRANTY 11/01/2008 At a minimum, the Contractor shall warrant supplies provided under this contract in accordance with the Warranty Clause in SECTION I of this contract. To the extent that the manufacturer's warranty for these items exceeds the requirements of this clause, the manufacturer's warranty shall apply; and a copy of the warranty shall be attached to this contract at SECTION J. This warranty shall in no way impair or diminish the rights of the Government under any other clause of this contract.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 29 -

(End of clause) H-032 ORGANIZATIONAL CONFLICT OF INTEREST - General 11/01/2008 (a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information. (b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict. (c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.

(End of clause) H-033 ORGANIZATIONAL CONFLICT OF INTEREST SPECIAL CLAUSE 11/01/2008 (a) Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor (1) is not biased because of its past, present, or currently planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over other parties by virtue of its performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "Contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

(1) Technical consulting and management support services. (i) The Contractor shall be ineligible to participate in any capacity in Department contracts, subcontracts, or proposals therefore (solicited or unsolicited) which stem directly from the Contractor's performance of work under this contract for a period of three years after completion of this contract. Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any technical consulting or management support services work under this contract on or relating to any of its products or services or the products or services of another firm if the Contractor is or has been substantially involved in their development or marketing. (ii) If the Contractor under this contract prepares a complete or essentially complete statement of work or specifications to be used in a competitive acquisition, the Contractor shall be ineligible to participate in any capacity in any contractual effort which is based on such statement of work or specifications for a period of three years after completion of this contract. The Contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply.

(2) Access to and use of information. (i) If the Contractor, in the performance of this contract, obtains access to information such as Department plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released or otherwise made available to the public; the Contractor agrees that without prior written approval from the Contracting Officer it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public; (b) compete for work for the Department based on such information for a period of six months after either the completion of this contract or until such information is released or otherwise made available to the public, whichever occurs first; (c) submit an unsolicited proposal to the Government Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 30 -

which is based on such information until one year after such information is released or otherwise made available to the public; or (d) release such information unless such information has previously been released or otherwise made available to the public by the Department. (ii) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974, or other confidential or privileged technical, business, or financial information under this contract, it shall protect this information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished. (iii) The Contractor shall have, subject to patent, data, and security provisions of this contract; the right to use technical data it first produces under this contract. (c) Disclosure after award.

(1) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(2) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default. (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts of any tier which involve performance or work of the type specified in subparagraph (b)(1) of this clause or access to information of the type covered in subparagraph (b)(2) of this clause. The Contractor shall obtain for the Department an Organizational Conflict of Interest Disclosure Statement or Representation from each intended subcontractor or consultant. The Contractor shall not enter into any subcontract nor engage any consultant unless the Contracting Officer shall have first notified the Contractor that there is little or no likelihood that an organizational conflict of interest exists or that despite the existence of a conflict of interest the award is in the best interest of the Government. (e) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate the contract for default, disqualify the Contractor for subsequent related contractual efforts and pursue such other remedies as may be permitted by law or this contract. (f) Waiver. Requests for waiver under this clause shall be directed in writing to the Contracting Officer and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the Contracting Officer shall grant such a waiver in writing. (g) Modifications. Prior to any contract modification (except for the exercise of options) which (1) modifies the statement of work to add new work, (2) significantly increases the period of performance, or (3) changes the parties to the contract, the Contractor shall submit a current Organizational Conflict of Interest Certification and Disclosure.

(End of clause) K-005 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND DISCLOSURE 11/01/2008 (a) The offeror certifies, to the best of its knowledge and belief, that it is / is not aware of any information bearing on the existence of any potential organizational conflict of interest, as defined in FAR 9.501, which relates to the work to be performed pursuant to this solicitation. As used herein, "offeror" means the proposer or any of its affiliates or proposed consultants or subcontractors of any tier. (b) If the offeror is aware of any such information, the offeror shall provide a disclosure statement as part of its proposal which describes in a concise manner all relevant facts concerning any past, present, or planned interest (financial, contractual, organizational, or otherwise) relating to the work to be performed hereunder and bearing on whether the offeror may have a potential organizational conflict of interest with Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 31 -

respect to (1) being able to render impartial, technically sound, and objective assistance or advice, or (2) being given an unfair competitive advantage. The offeror may also provide relevant facts that show how its organizational structure and/or management systems limit its knowledge of possible organizational conflicts of interest relating to other divisions or sections of the organization and how that structure or system would avoid or mitigate such organizational conflict. (c) The Government shall review the statement submitted and may require additional relevant information from the offeror. All such information, and any other relevant information known to the Government, shall be used to determine whether an award to the offeror may create an organizational conflict of interest. If an organizational conflict of interest is found to exist, the Government may (1) impose appropriate conditions which avoid such conflict, (2) disqualify the offeror, or (3) determine that it is otherwise in the best interest of the United States to contract with the offeror by including appropriate conditions mitigating such conflict in the resultant contract. (d) Offerors shall refer to FAR Subpart 9.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest. (e) If the Contracting Officer determines that a potential conflict exists, the prospective Contractor shall not receive an award unless the conflict can be avoided or otherwise resolved through the inclusion of a special contract clause or other appropriate means. The terms of any special clause are subject to negotiation.

(End of clause) L-013 COMMUNICATION CONCERNING SOLICITATION 11/01/2008 Only the individual shown in Block 10 of the Standard Form 33, "Solicitation, Offer and Award," or the Contracting Officer, may be contacted regarding this solicitation. Communication concerning this solicitation with any other Government personnel, including contractor support personnel, is prohibited unless specifically authorized elsewhere herein. If such contact occurs, the Offeror making such contact may be excluded from award consideration.

(End of clause)

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 - 32 -