Land Mobile Radio (LMR) System Maintenance and Support Services
Added: Dec 01, 2017 11:14 am The Federal Bureau of Prisons (Bureau) National Acquisitions Section (NAS), Washington, DC intends to make a single award of a firm-fixed price, purchase order for maintenance and support services for the Bureau's Land Mobile Radio System.This is a combined synopsis/solicitation for commercial items in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and quotes are being requested and a written solicitation will not be issued. The solicitation number is 15BNAS18Q1589 and is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Regulation Circular 2005-96. The procurement is Full and Open Competition. The North American Industrial Classification (NAICS) code is 334290 and the size standard is $750 employees. All responsible sources shall submit a capability statement and quote which shall be considered by the agency.Award will be made to the quoter who quote the Lowest Priced Technically Acceptable (LPTA). The technical quote must address all aspects of the SOW in order to be acceptable. The quoter's initial quote should contain the quoter's best terms from a technical and price standpoint which will allow the contracting officer to award without discussions. However, the Government reserves the right to conduct discussions if later determined by the contracting officer to be necessary.The Schedule of Items (Attachment I) and the Statement of Work (SOW) (Attachment II) provides and lists descriptions of the required items with quantity. The contractor shall commence full performance of services under this contract upon award of the contract. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for supplies and services under this contract is at the destination, various Bureau locations toughout the U.S, Hawaii, and Puerto Rico. The periods of performance of the resulting contract shall be as follows:Six (6) months January 1, 2018 tough June 30, 2018ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Jan 2017)The terms and conditions for the following clauses are hereby incorporated into this solicitation and resultingcontract as an addendum to FAR clause 52.212-4.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 accessedelectronically at this/these address(es): www.acquisition.gov52.203-3 Gratuities (Apr 1984);52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010);52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017);52.222-61 Arbitration of Contractor Employee Claims (Executive Order 13673)(Dec 2016);52.232-18 Availability Of Funds (Apr 1984);52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013);52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984); and52.242-13 Bankruptcy (July 1995).The following clauses are incorporated into the solicitation in full text:BOP 2852.201-71 Contracting Officer's Representative (COR) (June 2012)(a)Rodrick Mitchell, Telecommunications Manager, 500 1st NW Washington, DC 20534, 202-616-7219, is hereby designated as the Contracting Officer's Representative (COR) under this contract.(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressedterms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.508 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, 1998 AMENDMENTSAll electronic and information technology (EIT) procured tough this solicitation and any resulting contract, task order, delivery order,or purchase order must meet the applicable accessibility standards at 36 CFR 1194. 36 CFR implements Section 508 of the Rehabilitation Act of 1973, as amended, and viewable at http://www.section508.gov (See Standards-Part 1194).Part 1194.21 - Software applications and operating systemsPart 1194.22 - Web-Based Intranet and Internet Information and ApplicationsPart 1194.23 - Telecommunications ProductsPart 1194.24 - Video and Multimedia ProductsPart 1194.25 - Self-Contained, Closed ProductsPart 1194.26 - Desktop and Portable ComputersPart 1194.31 - Functional Performance CriteriaPart 1194.41 - Information, documentation, and SupportThe contractor shall indicate for each line item in the schedule of items whether each product is compliant or noncompliant with theaccessibility standards at 36 CFR 1194. Further, the offer must indicate where full details of compliance can be found (e.g., with offer,vendor's website or other location).(End of Clause)52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONALEMERGENCY (May 2008)During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.The types of actions a federal contractor should reasonably take to help ensure performance are:• Encourage employees to get inoculations or follow other preventive measures as advised by the public healthservice.• Cross-train workers as backup for all positions performing critical services. This is particularly important for worksuch as guard services where telework is not an option.• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote workin the event of a pandemic health crisis or other emergency.• Establish communication processes to notify employees of activation of this plan.• Integrate pandemic health crisis response expectations into telework agreements.• With the employee, assess requirements for working at home (supplies and equipment needed for an extendedtelework period). Security concerns should be considered in making equipment choices; agencies or contractorsmay wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.• Determine how all employees who may telework will communicate with one another and with management to accomplish work.• Practice telework regularly to ensure effectiveness.• Make it clear that in emergency situations, employees must perform all duties assigned by management, even ifthey are outside usual or customary duties.• Identify how time and attendance will be maintained.It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification work diligently with the Department to develop a strategy for maintaining the continuity of operations. The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.[End of Clause]52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance.The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based ContractorPerformance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address toughout the life of the contract. The contractor will receive an e-mail from the Focal Point tu the following website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.(End of Clause)52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.As prescribed in 12.301(b)(4), insert the following clause:Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 2017)(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(4) 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.]XX (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).XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).___ (5) [Reserved]XX (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).XX (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).XX (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).XX (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]___ (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.XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).XX (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).___ (ii) Alternate I (Nov 2016) of 52.219-9.___ (iii) Alternate II (Nov 2016) of 52.219-9.___ (iv) Alternate III (Nov 2016) of 52.219-9.___ (v) Alternate IV (Nov 2016) of 52.219-9.___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).XX (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).XX (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)).XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).XX (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).XX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).XX (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).XX (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).XX (38) (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.___ (39) (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.XX (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).XX (41) (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.XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).___ (ii) Alternate I (Jan 2017) of 52.224-3.___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).___ (47) (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.___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).XX (49) 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).___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).XX (55) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).XX (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).___ (60) (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.]XX (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)XX (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).XX (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).XX (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 Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).___ (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).XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).XX (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).___ (11) 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 teshold, 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.(iv) 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.(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).(x) 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.(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).(xii) (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).(xiii) 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.)(xiv) 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)(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(B) Alternate I (Jan 2017) of 52.224-3.(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xx) 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.(xxi) 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 Clause52.204-21 - Basic Safeguarding of Covered Contractor Information Systems.(Jun 2016)(a) Definitions. As used in this clause--"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information."Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments."Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009)."Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502)."Safeguarding" means measures or controls that are prescribed to protect information systems.(b) Safeguarding requirements and procedures.(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.(iii) Verify and control/limit connections to and use of external information systems.(iv) Control information posted or processed on publicly accessible information systems.(v) Identify information system users, processes acting on behalf of users, or devices.(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.(xii) Identify, report, and correct information and information system flaws in a timely manner.(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.(xiv) Update malicious code protection mechanisms when new releases are available.(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting tough its information system.(End of clause)2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardousmaterial as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materialor working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiringsafety controls.(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditionsand precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than tee (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include thecontractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.(End of Clause)52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.1. Long-Term Contractor Personnel:In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State orFederal government-issued picture ID);b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.Outlined below are the minimum BI requirements for each risk level:• High Risk - Background Investigation (5 year scope)• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)• Low Risk - National Agency Check with Inquiries (NACI) investigationd. The pre-appointment BI waiver requirements for all position sensitivity levels are a:1) Favorable review of the security questionnaire form;2) Favorable fingerprint results;3) Favorable credit report, if required;34) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.A badge may be issued following approval of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the SecurityQuestionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short-Term Contractor Personnel:It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:a. Favorable review of the security questionnaire form;b. Favorable fingerprint results;c. Favorable credit report, if required;5 andd. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance.This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutiveshort-term appointments are subject to the full PIV-I identity proofing process.For example, if a contractor employee requires daily access for a tee or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelvemonth period for the purpose of extending the initial contract or for employment under a totally different contract for another tee orfour-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.3. Intermittent Contractors:An exception to the above-mentioned short-term requirements would be intermittent contractors.a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example,the water delivery contractor that delivers water one time each week and is working on a one-year contract.b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.Notes:1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase ofHSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the preappointment waiver package.4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the preappointment waiver package.[End of Clause]52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)For tee of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.[End of Clause]Solicitation Provisions:ADDENDUM TO FAR 52.212-1, Instructions to Offerors -Commerical Items (Jan 2017)The terms and conditions for the following provisions are herby incorporated into this solicitation as an addendum to FAR provision 52.212-1.52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998)This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. 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): www.acquisition.gov/far52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017);52.219-1 Small Business Program Representations (Oct 2014);52.222-57 Representation Regarding Compliance With Labor Laws (Executive Order 13673) (Dec 2016);52.222-58 Subcontractor Responsibility Matters Regarding Compliance with Labor Laws (Executive Order 13673). (Dec 2016);52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation (Dec 2016);52.212-1 Instructions to Offerors--Commercial Items (Jan 2017);52.204-22 Alternative Line Item Proposal (Jan 2017); andThe following provisions are incorporated into the solicitation in full text:52.209-5 Certification Regarding Responsibility Matters (Oct 2015)(a)(1) The Offeror certifies, to the best of its knowledge and belief, that--(i) The Offeror and/or any of its Principals--(A) Are __ are not __ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by anyFederal agency;(B) Have __ have not __, within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered againstthem for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);(C) Are __ are not __ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission ofany of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;(D) Have __, have not __, within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amountthat exceeds $3,500 for which the liability remains unsatisfied.(1) Federal taxes are considered delinquent if both of the following criteria apply:(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determineduntil all judicial appeal rights have been exhausted.(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when fullpayment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.(2) Examples.(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court reviewof a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek TaxCourt review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice underI.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and isin full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under11 U.S.C. 362 (the Bankruptcy Code).(ii) The Offeror has __ has not __, within a tee-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;and similar positions).This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious,or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in goodfaith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceedthat which is normally possessed by a prudent person in the ordinary course of business dealings.(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when makingaward. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies availableto the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.(End of provision)52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible.[End of Provision]52.216-1 Type of Contract (Apr 1984)The Government contemplates award of a firm-fixed price.(End of provision)2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)(a) The following definitions apply in this provision:(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurementprotests filed with a contracting activity of the Department of Justice.(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officeror the Agency Protest Official.(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contractor by the failure to award a contract.(b) A protest filed directly with the Department of Justice must:(1) Indicate that it is a protest to the agency.(2) Be filed with the Contracting Officer.(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the decidingofficial.(5) Include the information required by FAR 33.103(d)(2):(i) Name, address, facsimile number and telephone number of the protestor.(ii) Solicitation or contract number.(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.(iv) Copies of relevant documents.(v) Request for a ruling by the agency.(vi) Statement as to the form of relief requested.(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.(viii) All information establishing the timeliness of the protest.(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Officialwill not consider appeals from the Contracting Officer's decision on an agency protest.(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. Thescheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest tough informal presentations or meetings to the maximum extent practicable.(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension,unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filedwith a protest forum outside the Department of Justice.(End of Clause)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), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Bureau Procurement Executive, Federal Bureau of Prisons, 320 First Street, NW, Room 5005, Washington, DC 20534.(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)DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste,Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015)None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant,or cooperative agreement with an entity that requires employees or contractors of such entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of Provision)DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent TaxLiability - (DEVIATION 2015-02) (March 2015)(a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of theGovernment, or(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability , unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.(b) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer -(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.(End of Provision)[END OF ADDENDUM TO FAR 52.212-1]52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (Jan 2017) - Alternate IOct 2014)The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (u)of this provision.(a) Definitions. As used in this provision--"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Civil judgment" means--(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined thata labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, 'Fair Pay and Safe Workplaces'". The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces."Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one ormore women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. Itautomatically qualifies as a women-owned small business eligible under the WOSB Program."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration),the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the NationalLabor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extentthat the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--(1) Department of Labor Wage and Hour Division (WHD) for--(i) The Fair Labor Standards Act;(ii) The Migrant and Seasonal Agricultural Worker Protection Act;(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;(v) The Family and Medical Leave Act; and(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--(i) The Occupational Safety and Health Act of 1970; and(ii) OSHA-approved State Plans;(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--(i) Section 503 of the Rehabilitation Act of 1973;(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of1974; and(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and(5) Equal Employment Opportunity Commission (EEOC) for--(i) Title VII of the Civil Rights Act of 1964;(ii) The Americans with Disabilities Act of 1990;(iii) The Age Discrimination in Employment Act of 1967; and(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act)."Forced or indentured child labor" means all work or service--(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the workerdoes not offer himself voluntarily; or(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties."Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or moreentities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner."Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members,shared facilities and equipment, and the common use of employees."Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency toaddress appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, orother related matters."Labor laws" means the following labor laws and E.O.s:(1) The Fair Labor Standards Act.(2) The Occupational Safety and Health Act (OSHA) of 1970.(3) The Migrant and Seasonal Agricultural Worker Protection Act.(4) The National Labor Relations Act.(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).(8) Section 503 of the Rehabilitation Act of 1973.(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of1974.(10) The Family and Medical Leave Act.(11) Title VII of the Civil Rights Act of 1964.(12) The Americans with Disabilities Act of 1990.(13) The Age Discrimination in Employment Act of 1967.(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHAapprovedState Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted froma violation of one or more of the laws listed in the definition of "labor laws"."Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--(1) PSC 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 fromraw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, theplace of reassembly is not the place of manufacture."Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor."Restricted business operations" means business operations in Sudan that include power production activities, mineral extractionactivities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;(3) Consist of providing goods or services to marginalized populations of Sudan;(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;(5) Consist of providing goods or services that are used only to promote health or education; or(6) Have been voluntarily suspended."Sensitive technology"--(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--(i) To restrict the free flow of unbiased information in Iran; or(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3))."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 fieldof operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121and size standards in this solicitation."Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standardapplicable 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 applicableexclusions 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 meetthe criteria in paragraphs (1)(i) and (ii) of this definition."Subsidiary" means an entity in which more than 50 percent of the entity is owned--(1) Directly by a parent corporation; or(2) Tough another subsidiary of a parent corporation."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 publiclyowned 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."Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often tough acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of anypublicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily businessoperations 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 thestock 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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civiljudgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". Theenjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA willpublish a document in the Federal Register advising the public of the termination of the injunction.(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed tough http:// www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _______________.[Offeror to identify the applicable paragraphs at (c) tough (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.](c) Offerors must complete the following representations when the resulting contract will be performed in the United States or itsoutlying 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, that it __ is, __ is not a small disadvantaged business concern as defined in 13 CFR124.1002.(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.(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small businessconcern in paragraph (c)(5) of this provision.] The offeror represents that--(i) It __ is, __ 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)(6)(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 thatare participating in the joint venture: _______________.] Each WOSB concern eligible under the WOSB Program participating in thejoint venture shall submit a separate signed copy of the WOSB representation.(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself asa WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--(i) It __ is, __ is not an EDWOSB concern, 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)(7)(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 EDWOSBconcern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition teshold.(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned businessconcern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it__ is a women-owned business concern.(9) 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:___________________________________(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 HUBZoneSmall Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principaloffice, 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)(10)(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.(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)__ 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, FederatedStates 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 MaldivesIslands, or Nepal).__ Individual/concern, other than one of the preceding.(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 $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American--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 for other than COTS items, 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph(2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component,""domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled"Buy American--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--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--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 domesticend product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Baainian, Moroccan, Omani, Panamanian, or Peruvian end product,""commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product,""Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are definedin the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Moroccan,Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":Free Trade Agreement Country End Products (Other than Baainian, Moroccan, Omani, Panamanian, or Peruvian End Products) orIsraeli 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--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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."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--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled"Buy American--Free Trade Agreements--Israeli Trade Act":Canadian End Products:Line Item No.___________________________________________________________________________[List as necessary](3) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":Canadian or Israeli End Products:Line Item No. Country of Origin_________________________ __________________________________________________ __________________________________________________ _________________________[List as necessary](4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 Free Trade Agreement country end products (other than Baainian,Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitationentitled "Buy American--Free Trade Agreements--Israeli Trade Act":Free Trade Agreement Country End Products (Other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian EndProducts) or Israeli End Products:Line Item No. Country of Origin_________________________ __________________________________________________ __________________________________________________ _________________________[List as necessary](5) 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)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.Other End Products:Line Item No. Country of Origin_________________________ __________________________________________________ __________________________________________________ _________________________[List as necessary](iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition teshold.) 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 anyFederal agency;(2) __ Have, __ have not, within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered againstthem for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, stateor local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;(3) __ Are, __ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and(4) __ Have,__ have not, within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amountthat exceeds $3,500 for which the liability remains unsatisfied.(i) Taxes are considered delinquent if both of the following criteria apply:(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when fullpayment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.(ii) Examples.(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court reviewof a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek TaxCourt review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and isin full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under11 U.S.C. §362 (the Bankruptcy Code).(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officermust list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products RequiringContractor 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 whetherforced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.)For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--(1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or(2) __ Outside the United States.(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]__ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror __ does __ does not certify that--(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.__ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror __ does __ does not certify that--(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (orsubcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR22.1003-4(d)(2)(iii));(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (amonthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.(3) If paragraph (k)(1) or (k)(2) of this clause applies--(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a ServiceContract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible;and(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or(k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide thisinformation to the SAM database to be eligible for award.)(1) All offerors must submit the information required in paragraphs (l)(3) tough (l)(5) of this provision to comply with debt collectionrequirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementingregulations 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 relationshipwith 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 ___________________________________.(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.(n) Prohibition on Contracting with Inverted Domestic Corporations.(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverteddomestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.(2) Representation. The Offeror represents that--(i) It __ is, __ is not an inverted domestic corporation; and(ii) It __ is, __ is not a subsidiary of an inverted domestic corporation.(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror--(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctionsmay be imposed under section 5 of the Iran Sanctions Act; and(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction thatexceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if--(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and(ii) The offeror has certified that all the offered products to be supplied are designated country end products.(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirementto have a unique entity identifier in the solicitation.(1) The Offeror represents that it __ has or __ does not have an immediate owner. If the Offeror has more than one immediate owner(such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:Immediate owner CAGE code:______________________.Immediate owner legal name:______________________.(Do not use a "doing business as" name)Is the immediate owner owned or controlled by another entity: __ Yes or __ No.(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:Highest-level owner CAGE code:______________________.Highest-level owner legal name:______________________.(Do not use a "doing business as" name)(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.(1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that--(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government;or(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency isaware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination thatthis action is not necessary to protect the interests of the Government.(2) The Offeror represents that--(i) It is __ is not __ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and(ii) It is __ is not __ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24months.(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government EntityCode Reporting.)(1) The Offeror represents that it __ is or __ is not a successor to a predecessor that held a Federal contract or grant within the last tee years.(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last tee years (if more than one predecessor, list in reverse conological order):Predecessor CAGE code:______________________ (or mark "Unknown")Predecessor legal name:______________________(Do not use a "doing business as" name)(s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself aseparate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision.(1)(i) For solicitations issued on or after October 25, 2016 tough April 24, 2017: The Offeror __ does __ does not anticipate submittingan offer with an estimated contract value of greater than $50 million.(ii) For solicitations issued after April 24, 2017: The Offeror __ does __ does not anticipate submitting an offer with an estimated contract value of greater than $500,000.(2) If the Offeror checked "does" in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror'sknowledge and belief [Offeror to check appropriate block]:__ (i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for tee years preceding the date of the offer, whichever period is shorter; or__ (ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for tee years preceding the date of the offer, whichever period is shorter.(3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide--(A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov,unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS):(1) The labor law violated.(2) The case number, inspection number, charge number, docket number, or other unique identification number.(3) The date rendered.(4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision;(B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it;(C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and(D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)).(ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination.(B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403.(4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate.(5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS).Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)).(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or tough its immediate owner or highest-level owner) __ does, __ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.(ii) The Offeror (itself or tough its immediate owner or highest-level owner) __ does, __ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program.(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:_______________.(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (ClassifiedInformation Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any otherform issued by a Federal department or agency governing the nondisclosure of classified information.(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of theInspector General).(End of provision)Since the quote 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. Quoter that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.Attachments:Schedule of Items Attachment IStatement of Work Attachment IIEvaluation Criteria Attachment IIIEquipment List Attachment IV Bureau Locations Attachment VFBOP Subcontracting Plan Attachment VIQuotes shall be submitted electronically to Laurence Faytaren at lfaytaren@bop.gov. Quotes may also be submitted on a Compact Disk and sent to Federal Bureau of Prisons, National Acquisitions Section, 320 First Street, NW, Room 5005, Washington, DC 20534.Quotes must be received no later than 12:00 p.m. EST on Monday, Decenber 11, 2017.All Questions concerning this solicitation must be emailed to lfaytaren@bop.gov no later than December 6, 2017. The subject line of the email must state "15BNAS18Q1589 Quoter Questions (Company Name)."All answers will be posted in writing as an amendment to the solicitation on FBO. Questions will not be answered verbally or individually.The proposal shall include the following documents:1. On letterhead or business stationary, the following information is required:• The solicitation number;• The name, address, and telephone number of the quoter including contractor's DUNS number;• Acknowledge of Solicitation Amendments, if any;• Since the quoter 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. Quoter that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.2. Pricing Schedules3. Business Management Questionnaire4. Past Performance Questionnaire5. Technical Proposal 15BNAS18Q1589 Department of Justice Bureau of Prisons Central Office
12/1/17, 11:14 AM