socks
Added: Jan 21, 2015 2:58 pm
Combined Synopsis/SolicitationIAW FAR 12.603 This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as solicitation number FA7000-15-T-0027, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-78, 26 Dec 2014 and includes FAC 2005-79 effective 15 Dec 2014. The North American Industry Classification System Code [NAICS] is 315110 and the business size standard of 500 employees. The acquisition is a 100% SB set-aside. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA). The government bares no legal liability for bid cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all cost associated with submitting a quote Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this Synopsis/Solicitation could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein. Note: Buy American Act at DFARS 252.225-7001 and the Berry Amendment at DFARS 252.225-7012 applies to this acquisition. ITEMSchedule of Supplies/ServicesMaxEstQtyUnit of IssueUnit PriceTotal Price0001*Medium Sock KitBase Year: Date of award through 30 September 2015. The size and description of the sock shall be identified on each pair of sock and packaged individually inside the kit Medium is equivalent to a men's sock size 10-13, shoe size 9 to 11.5 Maximum quantity is an estimated quantity only. Required sized and quantities will be provided by issuance of delivery orders. 300Kit 0002*Large Sock Kit Base Year: Date of award through 30 September 2015. The size and description of the sock shall be identified on each pair of sock and packaged individually inside the kit Large is equivalent to a men's sock size 14-15, shoe size 12 to 14.5 Maximum quantity is an estimated quantity only. Required sized and quantities will be provided by issuance of delivery orders. 900Kit 0003*X-Large Sock Kit Base Year: Date of award through 30 September 2015. The size and description of the sock shall be identified on each pair of sock and packaged individually inside the kit X-Large is equivalent to a men's sock size 17-21, shoe size 15 and up Maximum quantity is an estimated quantity only. Required sized and quantities will be provided by issuance of delivery orders. 250Kit 0004Physical Training Sock, Color: White Ankle Length, made from synthetic yarns for wicking moisture away from skin, spandex yarns for arch support, increased loft in toe and heel area for cushioning and blister prevention, nylon yarn exterior for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction. Sizes: Medium is equivalent to a men's sock size 10-13, shoe size 9 to 11.5 Large is equivalent to a men's sock size 14-15, shoe size 12 to 14.5 X-Large is equivalent to a men's sock size 17-21, shoe size 15 and up The size and description of the sock shall be identified on each pair of sock and packaged individually Base Year: Date of award through 30 September 2015. Maximum quantity is an estimated quantity only. Required sized and quantities will be provided by issuance of delivery orders. 1250Each 0005Winter Heavy Boot sock, Color: Sage GreenDescription - Over the calf style, made from synthetic yarns for wicking moisture away from skin, spandex yarns for calf and arch support, increased loft in toe and heel area for cushioning and blister prevention, nylon exterior yarn for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction. Sizes: Medium is equivalent to a men's sock size 10-13, shoe size 9 to 11.5 Large is equivalent to a men's sock size 14-15, shoe size 12 to 14.5 X-Large is equivalent to a men's sock size 17-21, shoe size 15 and up The size and description of the sock shall be identified on each pair of sock and packaged individually Base Year: Date of award through 30 September 2015. Maximum quantity is an estimated quantity only. Required sized and quantities will be provided by issuance of delivery orders. 1250Each Total Base Year Option Year One 1001*Medium Sock KitOption Year One:1 October 2015 through 30 September 2016. The size and description of the sock shall be identified on each pair of sock and packaged individually inside the kit Medium is equivalent to a men's sock size 10-13, shoe size 9 to 11.5 Maximum quantity is an estimated quantity only. Required sized and quantities will be provided by issuance of delivery orders. 300Kit 1002*Large Sock KitOption Year One:1 October 2015 through 30 September 2016. The size and description of the sock shall be identified on each pair of sock and packaged individually inside the kit Large is equivalent to a men's sock size 14-15, shoe size 12 to 14.5 Maximum quantity is an estimated quantity only. Required sized and quantities will be provided by issuance of delivery orders900Kit 1003*X-Large Sock KitOption Year One:1 October 2015 through 30 September 2016. The size and description of the sock shall be identified on each pair of sock and packaged individually inside the kit X-Large is equivalent to a men's sock size 17-21, shoe size 15 and up Maximum quantity is an estimated quantity only. Required sized and quantities will be provided by issuance of delivery orders250Kit 1004Physical Training Sock, Color White Ankle Length, made from synthetic yarns for wicking moisture away from skin, spandex yarns for arch support, increased loft in toe and heel area for cushioning and blister prevention, nylon yarn exterior for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction. Sizes: Medium is equivalent to a men's sock size 10-13, shoe size 9 to 11.5 Large is equivalent to a men's sock size 14-15, shoe size 12 to 14.5 X-Large is equivalent to a men's sock size 17-21, shoe size 15 and up The size and description of the sock shall be identified on each pair of sock and packaged individually Option Year One:1 October 2015 through 30 September 2016. Maximum quantity is an estimated quantity only. Required sized and quantities will be provided by issuance of delivery orders1250Each 1005Winter Heavy Boot sock, Color: Sage GreenDescription - Over the calf style, made from synthetic yarns for wicking moisture away from skin, spandex yarns for calf and arch support, increased loft in toe and heel area for cushioning and blister prevention, nylon exterior yarn for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction. Sizes: Medium is equivalent to a men's sock size 10-13, shoe size 9 to 11.5 Large is equivalent to a men's sock size 14-15, shoe size 12 to 14.5 X-Large is equivalent to a men's sock size 17-21, shoe size 15 and up The size and description of the sock shall be identified on each pair of sock and packaged individually Option Year One:1 October 2015 through 30 September 2016. Maximum quantity is an estimated quantity only. Required sized and quantities will be provided by issuance of delivery orders1250Each Total Option Year Total Total for Base & Option Year *Each kit consists of the following: 8 pairs of summer boot socks, 8 pair of winter boot socks, 2 pair of ski socks, 5 pairs of crew socks, 5 pairs of ankle socks and 8 pairs of knee high dress socks. The kits must be packed into a 12-1/2'' X 14-1/2'' X 16-1/2'' box. Salient Characteristics: Socks, Boot, Sage, Heavyweight (Winter) Description - Over the calf style, made from synthetic yarns for wicking moisture away from skin, spandex yarns for calf and arch support, increased loft in toe and heel area for cushioning and blister prevention, nylon exterior yarn for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction. Socks, Boot, Sage, Lightweight (Summer) Description - Over the calf style, made from synthetic yarns for wicking moisture away from skin, spandex yarns for calf and arch support, nylon exterior yarn for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction. Socks, Physical Training, White, Crew Description - Crew style, made from synthetic yarns for wicking moisture away from skin, spandex yarns for arch support, increased loft in toe and heel area for cushioning and blister prevention, nylon yarn exterior for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction. Socks, Physical Training, White, Ankle Description - Ankle length, made from synthetic yarns for wicking moisture away from skin, spandex yarns for arch support, increased loft in toe and heel area for cushioning and blister prevention, nylon yarn exterior for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction. Socks, Dress, Black, Medium Weight Description - Calf length, made from synthetic yarns for wicking moisture from skin, nylon exterior yarns for durability, also with added yarn density in the heel and toe area for cushioning and blister prevention. Socks, Dress, Black, Lightweight Description - Calf length, made from synthetic yarns for wicking moisture from skin, nylon exterior yarns for durability Sock, Ski, White Description - Over the calf style, made from synthetic or synthetic/wool blended yarns for wicking moisture away from skin, spandex yarns for calf and arch support, increased loft throughout the sock for cushioning and blister prevention and added warmth, nylon exterior yarn for durability. The following Federal Acquisition Regulation (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, description literature, past performance references, tax identification number, size of business, and warranty information. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote. Quotes must contain adequate information to judge if products meet or exceed the characteristics supplied in the solicitation. Quotes, descriptive literature and past performance information must be received no later than 1:00 pm Mountain Standard Time (MST), 3 February 2015 at the 10 CONS/LGCB, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Please submit quotes by e-mail to the attention of Sharon Scheetz, Contract Specialist at 719-333-8924 at email address sharon.scheetz@us.af.mil. In their absence, please contact Diana Myles-South, Contracting Officer at 719-333-8650 at email address diana.south@us.af.mil. Addenda to FAR 52.212-1, PROPOSAL PREPARATION INSTRUCTIONS Addendum to FAR 52.212-1(e) Multiple Offers is amended as follows: Multiple offers will not be accepted. Addendum to FAR 52.212-1(h) multiple awards is amended as follows: "The Government will award a contract on an "all or none" basis, multiple awards shall not be contemplated." a. To assure timely and equitable evaluation of the quote, the quoter must follow the instructions contained herein. Quoters are required to meet all solicitation requirements including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quote being ineligible for award. The response shall consist of four (4) separate parts: Part I - Price, Part II - Technical Information - Descriptive literature, Part III - Past Performance, and Part IV - Contract Documentation Representation and Certification. b. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial quotes, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; quoters may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. c. Specific Instructions: 1. PART I - PRICE PROPOSAL - Submit on company letterhead the unit price for each line item to include extended price with an overall total price. 2. PART II - TECHNICAL/DESCRIPTIVE LITERATURE - Quoters must submit technical information (Descriptive literature/specifications) that adequately demonstrates their quote meets the salient characteristics requirement in contract line items (CLIN 0001, 0002, 0003, 0004, 0005, 1001, 1002, 1003, 1004, and 1005) of this solicitation. A general statement of compliance or restatement of the salient characteristics is insufficient. Quotes must contain adequate information to judge if products meet or exceed the characteristics supplied in the solicitation.The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote and literature. If a quoter cannot comply with every requirement that quote will not be considered. 3. PART III - PAST PERFORMANCE - Quoters must provide a list of no more than five (5) references of the most relevant contracts performed for commercial customers, Federal Agencies, or other military organizations that have used or are currently using the same or similar commodities proposed for this contract. Provide only references for same or similar commodities or contracts within the last three years. Relevant contracts are manufacturing socks, which include boots socks, physical training socks, dress socks and ski socks in support of a population size of 1100 or more customers or a quantity of no less than 54,000 pairs of socks on a one time basis. The Government will evaluate the quality and extent of a quoter's performance deemed relevant to the requirements of this solicitation. The evaluation of past performance information will take into account past performance information regarding key personnel who have relevant experience or subcontractors that will perform major critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each reference and if you don't have any past performance quoters must indicate they have no past performance: (i) Company/Division name(ii) Services provided(iii) Contracting Agency/Customer(iv) Contract Number(v) Contract Dollar Value(vi) Period of Performance(vii) Verified up-to-date name, address, email address, FAX and telephone number(s) for each company Point of Contact. (viii) Comments regarding compliance with contract terms and conditions(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions. 4. Part IV - CONTRACT DOCUMENTATION (Representation and Certification). a. The provision at FAR 52.212-3, Offeror Representations and Certifications - commercial Items (Nov 2014) and its Alternate I (Alt I) (Oct 2014) must be completed. Offerors are highly encouraged to complete all representations and certifications electronically online at: (http://orca.bpn.gov/publicsearch.aspx). If not completed online, 52.212-3 Alt I shall be completed in hard copy and submitted with quote. This provision is within this solicitation. Subject provisions are available at http://farsite.hill.af.mil. b. The provision at DFARS 252.209-7992, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Federal Law-Fiscal Year 2015 Appropriations, Deviation 2015-OO0005, (Dec 2014) must be completed and returned with quote. This provision is within this solicitation. c. The provision at DFARS 252-225-7000, Buy American - Balance of Payment Program Certificate - Basic (Nov 2014) must be completed and returned with quote. This provision is within this solicitation. d. Complete the Certificate of compliance to the Berry Amendment (Attachment 2). THIS REQUIRES CONTRACTORS TO FILL-IN WHERE ALL THE COMPONENTS ARE COMING FROM AND WHERE THE ITEMS WILL BE MANUFACTURED. THIS IS CRITICAL TO BE FILLED-OUT ACCURATELY AND COMPLETELY WITH THE CORRECT INFORMATION. Offerors shall be in compliance with the Berry Amendment at DFARS 252.225-7012. Noncompliance will disqualify the quote from further consideration and award. e. The provision at DFARS 252.247-7022, Representation of Extent of Transportation by Sea (Aug 1992), must be completed and returned with the quote. This provision is within this solicitation. f. Complete the Financial Information at (Attachment 3). g. Price quotes must be Firm-Fixed Price to include shipping and handling charges based on F.O.B. Destination. Quotes received with FOB: Other will not be considered. h. The System for Award Management (SAM), contractors must be registered with SAM to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (www.sam.gov). i. Provide a written statement that the offeror's proposal incorporates all amendments to the solicitation (if applicable). ADDRESS: 10 MSG LGRMC - FX7000Mitchell Hall Annex, Bldg 2351USAF ACADEMY CO 80840TEL: 719-333-3017 The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition: 52.212-2 Evaluation - Commercial Items (Oct 2014) a. The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation reuqirements will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: I. Price II. Meeting or exceeding salient characteristics on a (Pass/Fail Basis) III. Past Performance b. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Paragraph c is not applicable as shown below: c. A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) ADDENDUM TO 52.212-2 -- Evaluation -- Commercial Items (Oct 2014). BASIS FOR CONTRACT AWARD: This is a competitive acquisition in accordance with FAR Parts 12 and 13. The evaluation process will proceed as follows: I. Price Evaluation. The Total Evaluated Price (TEP) will include the proposed unit price multiplied by the quantity for the Contract Line Item Numbers(CLINs) against CLIN 0001, 0002, 0003, 0004, 0005, 1001, 1002, 1003, 1004, and 1005. The unit price of the offeror' s quote shall control any conflict between the unit price and the extended amount. The price evaluation will document the completeness, balance, and affordability (based on available government budget) of the quoted price. II. Technical Evaluation. Quoters will be evaluated to see if they meet or exceeds the salient characteristics of this requirement as shown below on a pass/fail basis: Socks, Boot, Sage, Heavyweight Description - Over the calf style, made from synthetic yarns for wicking moisture away from skin, spandex yarns for calf and arch support, increased loft in toe and heel area for cushioning and blister prevention, nylon exterior yarn for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction._______________________________________________________________ Socks, Boot, Sage, Lightweight Description - Over the calf style, made from synthetic yarns for wicking moisture away from skin, spandex yarns for calf and arch support, nylon exterior yarn for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction._______________________________________________________________ Socks, Physical Training, White, Crew Description - Crew style, made from synthetic yarns for wicking moisture away from skin, spandex yarns for arch support, increased loft in toe and heel area for cushioning and blister prevention, nylon yarn exterior for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction._______________________________________________________________ Socks, Physical Training, White, Ankle Description - Ankle Length, made from synthetic yarns for wicking moisture away from skin, spandex yarns for arch support, increased loft in toe and heel area for cushioning and blister prevention, nylon yarn exterior for durability, and antimicrobial silver yarn technology in foot area for odor and bacteria reduction._______________________________________________________________ Socks, Dress, Black, Medium Weight Description - Calf length, made from synthetic yarns for wicking moisture from skin, nylon exterior yarns for durability, also with added yarn density in the heel and toe area for cushioning and blister prevention.______________________________________________________________ Socks, Dress, Black, Lightweight Description - Calf length, made from synthetic yarns for wicking moisture from skin, nylon exterior yarns for durability______________________________________________________________ Sock, Ski, White Description - Over the calf style, made from synthetic or synthetic/wool blended yarns for wicking moisture away from skin, spandex yarns for calf and arch support, increased loft throughout the sock for cushioning and blister prevention and added warmth, nylon exterior yarn for durability. III. Past Performance Evaluation. PAST PERFORMANCE RATINGS: The performance assessment process will result in an overall performance rating of "Sufficient Past Performance" or "Limited Past Performance". Offerors with no relevant or recent past or present performance history shall receive the rating "Unknown Past Performance", meaning the rating is treated neither favorably nor unfavorably. Confidence ratings are defined as follows: SUFFICIENT PAST PERFORMANCE: Based on the quoter's performance record, the government has a high expectation that the offeror will successfully perform the required effort. LIMITED PAST PERFORMANCE: Based on the quoter's performance record, the government has a low expectation that the offeror will successfully perform the required effort. UNKNOWN PAST PERFORMANCE: Based on the quoter's performance record, the government has no expectation that the offeror will be able to successfully perform the required effort. a. When determining recency, relevancy and assigning a past performance confidence rating, the government will consider the type of experience, the amount of experience, and the ability of contractor to meet customer needs. b. Past performance regarding predecessor companies, key personnel who have relevant experience or sub-contractors that will perform major or critical aspects of the requirement will not be considered as highly as past performance information from the principal quoter. Quoters with no relevant past or present performance history or the quoter's performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Unknown Past Performance," meaning the rating is treated neither favorably nor unfavorably. If the prime contractor has no past performance and is relying on their subcontractor's past performance, the prime contractor will be assessed an "Unknown Past Performance" rating c. In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation. d. If the lowest priced evaluated quoter is judged to have a "Sufficient Past Performance" rating and meets all the salient characteristics, that quote represents the best value to the Government and the evaluation process stops at this point. Award shall be made to that quoter without further consideration of any other quotes. e. The government reserves the right to award a contract to other than the lowest priced quoter if the lowest priced quoter is judged to have a performance confidence assessment other than "Sufficient Past Performance" or when it is in the best interest of the Government to do so. f. Quoters are cautioned to submit sufficient information and in the format specified in their quote preparation instructions. Quoters may be asked to clarify certain aspects of their quote or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 2014) applies to this acquisition. ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)) (End of Addendum) ADDENDUM to FAR 52.212-4: 1. FIRST ARTICLE. The requirement for the first article approval may be waived for those items that are identical or similar to those called for that have been previously furnished by the offeror to the USAF Academy within the past three years and have been accepted by the Government. A request for waiver shall be submitted with their quote, if applicable. 2. HOURS OF DELIVERY. Delivery of items under this contract shall be accomplished between the hours of 7:30 A.M. and 3:30 P.M., Monday through Friday, accept as otherwise specified in the contract. No deliveries are to be made on Saturdays, Sundays or Legal Federal Holidays. 3. FEDERAL AND LEGAL HOLIDAYS. New Year's Eve 31 December New Year's Day 1 January Martin Luther King's Birthday Third Monday in January Washington's Birthday (President's Day) Third Monday in February Memorial Day Last Monday in May American Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Eve 24 Christmas Day 25 December NOTE: If the days listed above fall on a Saturday or Sunday, Government personnel may be off work either the Friday before, or the Monday after the holiday. Contact the Contracting Office prior to delivery to ensure personnel will be available for receiving purposes. 4. PACKAGING AND MARKING. a. Shipping Carton Markings. Shipping carton(s) shall be marked to indicate the title of the contract (i.e., cadet socks), the contract number, contractor's name and the NSN. Each carton shall be -MARKED FOR: FX7000. b. THE BOX SIZE FOR THE KITS MUST BE 12-1/2" x 14-1/2" X 16-1/2" c. Shipping Carton Markings: Shipping carton(s) shall be marked to indicate the title of the contract (i.e. cadet socks), the contract number, and contractor's name and the national stock number (NSN). Each carton shall be -MARKED FOR: FX7000 and each carton shall have the shipping address. d. Packing Lists: A packing list shall be placed within box one of all shipments under this contract. The packing list shall clearly identify the total contents of the shipment, and shall break down the contents of e ach numbered box. e. Preservation and packaging shall be in accordance with common commercial standards. 5. BAR CODES a. An adhesive label of regular commercial quality, reflecting the Cadet Issue Division stock number, size, and a brief description in either code 39 or UPC Bar code, shall be affixed to each individual package and on each shipping carton. If it should become necessary to mix sizes within the shipping carton, bar codes labels for each package shall be affixed to that shipping carton. The sock requirement stock numbers are: SOCK KITSCLIN 0001 8440L9164017000----MEDIUMCLIN 0002 8440L9164027000----LARGECLIN 0003 8440L9164037000----X-LARGECLIN 1001 8440L9164017000----MEDIUMCLIN 1002 8440L9164027000----LARGECLIN 1003 8440L9164037000----X-LARGE SOCK, PHYSICAL TRAINING, WHITE, ANKLE- LENGTH (CLINS 0004 and 1004)8440L9164117000 ---- MEDIUM8440L9164227000---LARGE8440L9164337000----X-LARGE SOCK, BOOT, COLOR: SAGE GREEN (CLINS 0005 and 1005)8440L9080027000 -----LARGE8440L9080037000 X-LARGE b. The sample bar code is attached (Attachment 1): Submittals shall be made within 30 calendar days from date of award to: 10TH Contracting Squadron 10 CONS/LGCB Attn: Contracting Officer 8110 Industrial Drive, Suite 200 USAF Academy, CO 80840 6. Minimum and Maximum Contract Limits: 1. Minimum Guarantee: 1,325 kits and 1,850 pairs of socks for the life of the contract. 2. Maximum Contract Value: 2,900 kits and 5,000 pairs of socks for the life of the contract. 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:http://farsite.hill.af.mil Clauses Incorporated by Full Text Additional FAR Clauses in full text: 52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989) - ALTERNATE I (JAN 1997) (Contracting Officer shall insert details) (a) The Contractor shall deliver one pair of winter heavy weight boot sock, one pair of ummer lightweight boot sock, one pair of physical training sock (crew), one pair of Physical Training sock (ankle), one pair of knee high dress sock and one pair of ski sock within 30 calendar days from the date of this contract to the Government at 10th Contracting Squadron, 10 CONS/LGCB, Attn: Contracting Officer, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. (b) Within 5 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, the Contractor-- (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and (2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense. (f) If the Government does not act within the time specified in paragraphs (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. (j) The Contractor shall produce both the first article and the production quantity at the same facility.(End of clause) 52.211-8 Time of Delivery. (JUN 1997) -- ALTERNATE I (APR 1984) (a) The Government requires delivery to be made according to the following schedule: REQUIRED DELIVERY SCHEDULE[Contracting Officer insert specific details] WITHIN DAYS AFTERITEM NO. QUANTITY DATE OF CONTRACT 0001 300 90 days ARO0002 900 90 days ARO0003 250 90 days AR0004 1250 90 days ARO0005 1250 90 days ARO 1001 300 90 days ARO1002 900 90 days ARO1003 250 90 days ARO1004 1250 90 days ARO1005 1250 90 days ARO The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. OFFEROR'S PROPOSED DELIVERY SCHEDULE WITHIN DAYS AFTERITEM NO. QUANTITY DATE OF CONTRACT 0001 300 _________________0002 900 _________________ 0003 250 _________________ 0004 1250 _________________ 0005 1250 _________________ 1001 300 _________________ 1002 900 _________________ 1003 250 _________________ 1004 1250 _________________ 1005 1250 _________________ (b) The delivery dates or specific periods above are based on the assumption that the Government will make award by 16 February 2015. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. 52.216-18 Ordering. (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from : Base Year - Date of Award through 30 September 2015Option year One - 1 October 2015 - 30 September 2016 (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 Order Limitations. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess of 900 kits (2) Any order for a combination of items in excess of 2,500 each and 1550 kits (3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 Indefinite Quantity. (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum". (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after : Base Year - Date of Award - 30 September 2015Option year One - 1 October 2015 - 30 September 2016 (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 19 months and 15 days. (End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Jul 2014)(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.(b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 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.(viii) 52.222-41, Service Contract Act of 1965, (May 2014), (41 U.S.C. 351, et seq.)(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).____ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. 351, et seq.).(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. 351, et seq.)(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2014) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)Additional FAR clauses by reference cited in the clause applicable to this acquisition are: 52.203-3 Gratuities (Apr 1984)52.203-6 Restrictions on Subcntractor Sales To The Government (SEP 2006)52.203-6 Alt I Restrictions on Subcontractor Sales To The Government (Oct 2005) (Sep 2006) - Alternate I52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)52.209-6 Protecting the Governments Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (May 2012)52.219-6 Notice of Total Small Business Set-aside (Nov 2011)52.219-8 Utilization of Small Business Concerns (Oct 2014)52.219-14 Limitation of Subcontracting (Nov 2011)52.219-28 Post-Award Small Business Program Representation (Jul 2013)52.222-3 Convict Labor (Jun 2003)52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Jan 2014)52.222-21 Prohibition of Segregated Facilities (Feb 1999)52.222-26 Equal Opportunity (Mar 2007)52.222-35 Equal Opportunity for Veterans (Jul 2014)52.222-36 Equal Opportunity for Workers w/Disabilities (July 2014)52.222-37 Employment Report on Veterans (Jul 2014)52.222-40 Notification of Employee Rights Under the National Labor Relation Act (Dec 2010)52.222-50 Combat Trafficking in Persons (Feb 2009)52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013)52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)52.233-3 Protest After Award (Aug 1996)52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) Additional DFARS clauses cited in the clause applicable to this acquisition are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011)252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Nov 2013)252.204-7015 Disclosure of Information to Ligitation Support Contractors (Feb 2014)252.225-7001 Buy American and Balance of Payments Program - Basic (Nov 2014)252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2012)252.232-7003 Electronic Submission of Payment Requests and Receiving (Jun 2012)252.232-7010 Levies on Contract Payments (Dec 2006)252.243-7002 Request for Equitable Adjustment (Dec 2012)252.244-7000 Subcontracts for Commercial Items (Jun 2013)252.247-7023 Transportation of Supplies by Sea (Apr 2014)252.247-7024 Notification of Transportation of Supplies by Sea (Mar 2000)(End of clause) . 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013) (a) Definitions. As used in this clause-- Component means any item supplied to the Government as part of an end product or of another component. End product means supplies delivered under a line item of this contract. Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: AustraliaAustriaBelgiumCanadaCzech RepublicDenmarkEgyptFinlandFranceGermanyGreeceIsraelItalyLuxembourgNetherlandsNorwayPolandPortugalSpainSwedenSwitzerlandTurkeyUnited Kingdom of Great Britain and Northern Ireland. Structural component of a tent-- (i) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs); (ii) Does not include equipment such as heating, cooling, or lighting. United States means the 50 States, the District of Columbia, and outlying areas. U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States. (b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States: (1) Food. (2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia. (3) (i) Tents and structural components of tents; (ii) Tarpaulins; or (iii) Covers. (4) Cotton and other natural fiber products. (5) Woven silk or woven silk blends. (6) Spun silk yarn for cartridge cloth. (7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics. (8) Canvas products. (9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). (10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed in this paragraph (b). (c) This clause does not apply-- (1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices; (2) To incidental amounts of cotton, other natural fibers, or wool incoporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool-- (i) Is not more than 10 percent of the total price of the end product; and (ii) Does not exceed the simplified acquisition threshold in FAR part 2; (3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives; (4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, regardless of where the foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance with paragraph (d) of this clause; (5) To chemical warfare protective clothing produced in a qualifying country; or (6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic fabric itself), if-- (i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include-- (A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances); (B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/ tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia; (C) Upholstered seats (whether for household, office, or other use); and (D) Parachutes (Federal Supply Class 1670); or (ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a qualifying country. (d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract-- (i) Shall be taken from the sea by U.S.-flag vessels; or (ii) If not taken from the sea, shall be obtained from fishing within the United States; and (2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States. (End of clause) 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submissionof Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests throughWAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Combo(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.Destination (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWFData to be entered in WAWF Pay Official DoDAAC F67100Issue By DoDAAC FA7000Admin DoDAAC FA7000Inspect By DoDAAC FX7000Ship To Code FX7000 (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. diana.south@us.af.mil (Contracting Officer)sharon.scheetz@us.af.mil (Contract Specialist) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. diana.south@us.af.mil (Contracting Officer)sharon.scheetz@us.af.mil (Contract Specialist) (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) AFFARS CLAUSE IN FULL TEXT: 5352.201-9101 OMBUDSMAN (Apr 2014)(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).(c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, Kelly S. Snyder8110 Industrial Drive, Ste 103USAFA, CO 80840Telephone number 719-333-2074FAX 719-333-9018email: kelly.snyder@us.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) PROVISIONS: 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2014) ALTERNATE I (OCT 2014) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision. (a) Definitions. As used in this provision: "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, 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 field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. Subsidiary means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through 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 publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans."Women-owned small business concern" means a small business concern- "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women."Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.(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 electronically on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://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) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern. Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern 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 that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a 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 EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern. (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) (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,Federated States of Micronesia, the Commonwealth of the NorthernMariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)(The offeror shall check the category in which its ownership falls): ___ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 60-1 and 60-2), or (ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American--Balance of Payments Program--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.)The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that 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 "Bahrainian, 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 defined in 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 Bahrainian, 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 Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO.COUNTRY OF ORIGIN ___ ___ ___ ___ ___ ___ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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 (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products:Line Item No.:___________________________________________[List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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 Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ''Buy American Act--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) 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 threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) ( ___ ) Are, ( ___ ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and (2) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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 full payment 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. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. 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. (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. Sec. 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. Sec. 6159. The taxpayer is making timely payments and is in 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 under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).) (1) Listed End ProductListed End Product:Listed Countries of Origin: ___ ___ ___ ___ ___ ___ (2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.) ( ___ )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. ( ___ ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (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 in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. ( ___ ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract 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 this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ( ___ ) TIN: --------------------. ( ___ ) TIN has been applied for. ( ___ ) TIN is not required because: ( ___ ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ( ___ ) Offeror is an agency or instrumentality of a foreign government; ( ___ ) Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ( ___ ) Sole proprietorship; ( ___ ) Partnership; ( ___ ) Corporate entity (not tax-exempt); ( ___ ) Corporate entity (tax-exempt); ( ___ ) Government entity (Federal, State, or local);( ___ ) Foreign government; ( ___ ) International organization per 26 CFR 1.6049-4; ( ___ ) Other ----------. (5) Common parent. ( ___ ) Offeror is not owned or controlled by a common parent; ( ___ ) Name and TIN of common parent: Name ___ . TIN - ___ . (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 inverted domestic 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. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It 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 email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.(2) Representation and Certification. 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 sanctions may 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 that exceeds $3,000 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 requirement to have a DUNS Number 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) (End of Provision) DFARS 252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law-Fiscal Year 2015 Appropriations. (Deviation 2015-OO0005) (Dec 2014) (a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that- (1) 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 the 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; or (2) Was 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 the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) 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, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) DFARS 252.225-7000 Buy American - Balance of Payments Program CertificateAs prescribed in 225.1101(1), use one of the following provisions:Basic. As prescribed in 225.1101(1)(i), use the following provision:BUY AMERICAN-BALANCE OF PAYMENTS PROGRAM CERTIFICATE-BASIC (Nov 2014)(a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States," as used in this provision, have the meanings given in the Buy American and Balance of Payments Program-Basic clause of this solicitation.(b) Evaluation. The Government-(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.(c) Certifications and identification of country of origin.(1) For all line items subject to the Buy American and Balance of Payments Program-Basic clause of this solicitation, the offeror certifies that-(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.(2) The offeror certifies that the following end products are qualifying country end products:Line Item Number Country of Origin (3) The following end products are other foreign end products, including 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 (ii) of the definition of "domestic end product":Line Item Number Country of Origin (If known) (End of provision) 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (Aug 1992)(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation.(b) Representation. The Offeror represents that it-_____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation._____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.(End of provision) PROVISIONS INCORPORATED BY REFERENCE 252.203-7005 Representation Relating to Compensation of Former DOD Officials (Nov 2011) 252.204-7011 Alternative Line-Item structure (Sep 2011) 252.209-7001 Disclosure of Owwnership or Control by Govenrment of Terrorist County (Jan 2009) 252.215-7007 Notice of Intent to Resolicit (Jun 2012)252.225-7031 Secondary Arab Boycott of Israel (Jun 2005)
FA700015T0027 Department of the Air Force Headquarters Air Force Academy
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