1333ND20QNB150185.pdf
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- Solicitation number
- 1333ND20QNB150185
About this file
This solicitation requests offers for fire protection systems inspection, testing, maintenance, repair and impairment coordinator services. Required services include general inspection and testing of fire alarm, automatic gas fire suppression, wet chemical extinguishing, and portable fire extinguisher systems on a monthly, quarterly, semi-annual, and annual basis. Additional services include repair, software maintenance, emergency response, and impairment coordination. The period of performance is June 1, 2020 through May 31, 2021. Offerors must be authorized NOTIFIER distributors and meet personnel requirements. The National Institute of Standards and Technology will evaluate offers on technical experience, past performance including PPIRS ratings, and price. Award will be made to the lowest priced technically acceptable offeror. This is a competitive solicitation.
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| File | Type | Posted |
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| Amendment 0003 FINAL.pdf | ||
| Amendment 0002.pdf | ||
| Amendment 0002 Revised Appendices.pdf | ||
| Amendment 0001 SITE MAP.pdf | ||
| Amendment 0001_.pdf |
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RFQ IFB RFP
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODEFACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF.
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
OFFER
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
17a CONTRACTOR/
OFFEROR.
CODE
8 (A)
SIZE STANDARD:
NAICS:
% FOR:SET ASIDE:UNRESTRICTED OR
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
10. THIS ACQUISITION IS
EDWOSB
SMALL BUSINESS PROGRAM
NB153000-20-01119
1333ND20QNB150185
JULIE MORRIS
JULIE.MORRIS@NIST.GOV 303-497-5417
10:00 AM MT
000014
NATIONAL INST OF STDS AND TECHNOLOGY
325 BROADWAY
BOULDER CO 80305-3328
561621
000014
NATIONAL INST OF STDS AND TECHNOLOGY
325 BROADWAY
BOULDER CO 80305-3328
see continuation page for line item details.
See Schedule
MAY 08, 2020
Please
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
1333ND20QNB150185
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Inspection, Testing and Preventative Maintenance (ITM) in accordance with Statement of Work Section III.
INFORMATIONAL ONLY CLIN.
Period of Performance: 06/01/2020 to 05/31/2021
0.00 EA
0001AA Monthly performed services. Provide all labor, material, and equipment to perform General Inspection, Testing, and Preventative Maintenance (ITM) in accordance with the Statement of Work Section III.A. (excluding Sections III.A.3.i through III.A.3.n, covered under CLIN 0001B through CLIN 0001H).
Period of Performance: 06/01/2020 to 05/31/2021 except Portable Fire Extinguisher services (Statement of Work Section III.A.5.) Period of Performance being 10/01/2020 to 05/31/2021.
12.00 MO
0001AB Quarterly performed services. Provide all labor, material, and Preventative Maintenance (ITM) in accordance with the Statement of Work Section III.A. (excluding Sections III.A.3.i through III.A.3.n, covered under CLIN 0001B through CLIN 0001H).
4.00 EA
0001AC Semi-Annually performed services. Provide all labor, material, and equipment to perform General Inspection, Testing, and Preventative Maintenance (ITM) in accordance with the Statement of Work Section III.A.
(excluding Sections III.A.3.i through III.A.3.n, covered under CLIN 0001B through CLIN 0001H).
2.00 EA
0001AD Annually performed services. Provide all labor, material, and Preventative Maintenance (ITM) in accordance with the Statement of Work Section III.A. (excluding Sections III.A.3.i through III.A.3.n, covered under CLIN 0001B through CLIN 0001H).
Period of Performance: 06/01/2020 to 05/31/2021 except Portable Fire Extinguisher services (Statement of Work Section III.A.5.) Period of Performance being 10/01/2020 to 05/31/2021.
1.00 EA
0001BA Semi-Annually performed services. The inspection, testing and maintenance of the automatic gas fire suppression systems protecting the anechoic chambers in Building 24 Lab 1300 and Lab 1500 as well as the future three (3) anechoic chambers in Building 3, in accordance with the Statement of Work III.A.3.i.
0001BB Annually performed services. The inspection, testing and maintenance of the automatic gas fire suppression systems protecting the anechoic chambers in Building 24 Lab 1300 and Lab 1500 as well as the future three (3) anechoic chambers in Building 3 in accordance with the Statement of Work III.A.3.i.
PAGE 3 OF 118 1333ND20QNB150185
0001CA Semi-Annually performed services.
The inspection, testing and maintenance of the automatic gas fire suppression systems protecting the Data Center of Building 1, Room 4556, and Building 92 in accordance with the Statement of Work III.A.3.j.
0001CB Annually performed services.
gas fire suppression systems protecting the Data Center of Building 1, Room 4556, and Building 92 in accordance with the Statement of Work III.A.3.j.
0001DA Semi-Annually performed services.
The inspection, testing and maintenance of the automatic gas fire suppression systems protecting the Telecommunication Equipment Rooms of Building 1, Room 1001B and 2001 in accordance with the Statement of Work III.A.3.k.
0001DB Annually performed services.
The inspection, testing and maintenance of the automatic gas fire suppression systems protecting the Telecommunication Equipment Rooms of Building 1, Room 1001B and 2001 in accordance with the Statement of Work III.A.3.k.
0001EA Semi-Annually performed services.
gas fire suppression systems protecting the Screen Rooms (shielded enclosures) of the Fort Collins WWV and WWVB buildings in accordance with the Statement of Work III.A.3.l.
0001EB Annually performed services.
gas fire suppression systems protecting the Screen Rooms (shielded enclosures) of the Fort Collins WWV and WWVB buildings in accordance with the Statement of Work III.A.3.l.
0001FA Semi-Annually performed services.
gas fire suppression systems protecting the Building 81 Cleanroom Wetbenches (23) in accordance with the Statement of Work III.A.3.m.
0001FB Annually performed services.
gas fire suppression systems protecting the Building
PAGE 4 OF 118 1333ND20QNB150185
81 Cleanroom Wetbenches (23) in accordance with the Statement of Work III.A.3.m.
0001G The inspection, testing and maintenance of the automatic gas fire suppression systems protecting Building 81 Wetbench CO2 Cylinder Hoses (43) in accordance with the Statement of Work III.A.3.m.
0001HA Semi-Annually performed services.
gas fire suppression systems protecting the Data Center in Building 1 Room 3430 in accordance with the Statement of Work III.A.3.n.
0001HB Annually performed services.
gas fire suppression systems protecting the Data Center in Building 1 Room 3430 in accordance with the Statement of Work III.A.3.n.
0002 Provide Notifier WorkStation Software Security
Maintenance in accordance with the Statement of Work, Section III.B.1.
Period of Performance: 06/01/2020 to 09/30/2020
1.00 EA
NTE NTE
0003 General Repair - NTE $10,000
Provide all labor, material, and equipment to perform authorized repair and replacement services in accordance with the Statement of Work, Section III.C.
The Government reserves the right to perform this work in-house or under separate contract as deemed appropriate by the Government.
All work must be authorized by the CO prior to any work being charged under this line item.
PLEASE PROVIDE THE FOLLOWING LABOR RATES:
Fire Alarm Systems $____ Water-Based Fire Protection Systems $____ Automatic Gas Fire Suppression Systems $____ Wet Chemical Extinguishing Systems $ ____ Portable Fire Extinguishers Systems $____
Period of Performance: 06/01/2020 to 05/31/2021
1.00 EA
NTE NTE
0004 Emergency Repair - NTE $5,000.00
Provide all labor, material, and equipment to perform authorized emergency repair services in accordance with the Statement of Work, Section III.D.
The Government reserves the right to perform this work in-house or under separate contract as deemed
PAGE 5 OF 118 1333ND20QNB150185
appropriate by the Government.
All work must be authorized by the CO prior to any work being charged under this line item.
PLEASE PROVIDE THE FOLLOWING LABOR RATES:
Fire Alarm Systems $____ Water-Based Fire Protection Systems $____ Automatic Gas Fire Suppression Systems $____ Wet Chemical Extinguishing Systems $ ____ Portable Fire Extinguishers Systems $____
0005 Impairment Coordinator Services for Task 1, Task 2, and Task 3 in accordance with the Statement of Work, Section III.E.
Period of Performance: 10/01/2020 to 05/31/2021
8.00 EA
PAGE 6 OF 118 1333ND20QNB150185
Table of Contents
52.203-3 GRATUITIES (APR 1984)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER
RIGHTS (APR 2014)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 9
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)
52.212-4 I CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)--ALTERNATE I (JAN 2017)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2018)
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP
2013)
52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)-- ALTERNATE I (JUL
1995)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG
2018)
52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.232-17 INTEREST (MAY 2014)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)
52.242-13 BANKRUPTCY (JUL 1995)
52.245-1 GOVERNMENT PROPERTY (JAN 2017)
52.245-9 USE AND CHARGES (APR 2012)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (MAR 2020)
52.212-2 Evaluation - Commercial Items
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2020)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL
ITEMS (MAR 2020)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)
1352.233-70 AGENCY PROTESTS (APR 2010)
1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)
1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)
1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (APR 2010)
PAGE 7 OF 118 1333ND20QNB150185
Table of Contents
1352.242-70 POSTAWARD CONFERENCE (APR 2010)
1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)
1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
NIST LOCAL-07COMPUTER SECURITY POLICY
NIST LOCAL-33U.S. DEPARTMENT OF LABOR WAGE DETERMINATION
NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS
NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS
Special Instructions
Statement of Work
Attachment 1 - GFP
Attachment 2 Appendix A-F
Wage Determination Boulder
Wage Determination Larimer
PAGE 8 OF 118 1333ND20QNB150185
CLAUSES
52.203-3 GRATUITIES (APR 1984)
(Reference 52.203-3)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) (Reference 52.203-12)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS (APR 2014)
(Reference 52.203-17)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) (Reference 52.203-19)
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) (Reference 52.204-4)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(Reference 52.204-7)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(Reference 52.204-9)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(Reference 52.204-13)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
(Reference 52.204-16)
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
(Reference 52.204-17)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)
(Reference 52.204-18)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(Reference 52.204-22)
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)
(Reference 52.212-4)
THIS CLAUSE, 52.212-4, ALT 1, IS APPLICABLE TO CLINS 0004, 1004, 2004, 3004, AND 4004 ONLY
52.212-4 I CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)--ALTERNATE I (JAN 2017) (Reference 52.212-4 I)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2018) (Reference 52.222-4)
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) (Reference 52.223-2)
52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)-- ALTERNATE I (JUL 1995) (Reference 52.223-3 I)
PAGE 9 OF 118 1333ND20QNB150185
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
(Reference 52.223-5)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(Reference 52.223-6)
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG 2018) (Reference 52.223-17)
52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
(Reference 52.228-5)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(Reference 52.229-3)
52.232-17 INTEREST (MAY 2014)
(Reference 52.232-17)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
(Reference 52.232-39)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40)
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) (Reference 52.237-2)
52.242-13 BANKRUPTCY (JUL 1995)
(Reference 52.242-13)
52.245-1 GOVERNMENT PROPERTY (JAN 2017)
(Reference 52.245-1)
52.245-9 USE AND CHARGES (APR 2012)
(Reference 52.245-9)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
(Reference 52.253-1)
1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
(Reference 1352.209-73)
1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
(Reference 1352.209-74)
PAGE 10 OF 118 1333ND20QNB150185
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (MAR 2020)
(Reference 52.212-1)
PAGE 11 OF 118 1333ND20QNB150185
52.212-2 Evaluation - Commercial Items
PAGE 12 OF 118 1333ND20QNB150185
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(1) Factor 1 – Technical Experience:
Offeror must provide documentary evidence that shows they are an authorized NOTIFIER© Premier Distributor certified by NOTIFIER© to work on fiber networked fire alarm systems. NOTIFIER© warranties and guarantees for fire alarm equipment is limited to alterations, service, or repairs performed only by authorized NOTIFIER© distributors. Being a NOTIFIER© Premier Distributor shows that the offeror maintains technicians trained by NOTIFIER© to work on fiber networked fire alarm systems like the one at NIST/Boulder.
Offeror must also provide documentary evidence that shows personnel meet the PERSONNEL REQUIREMENTS described in the Fire Protection Systems Inspection, Testing, Maintenance, Repair and Impairment Coordinator (FPS ITMR & IC) Services Performance Work Statement.
Evaluation standard: this factor will be rated as Acceptable or Unacceptable.
ACCEPTABLE – the offeror has provided documentary evidence that shows they are an authorized NOTIFIER© Premier Distributor and the offeror has provided documentary evidence that shows personnel meet the PERSONNEL REQUIEMENTS described in the FPS ITMR & IC Services Performance Work Statement.
UNACCEPTABLE – the offeror has not provided documentary evidence that shows they are an authorized NOTIFIER© Premier Distributor and the offeror has provided documentary evidence that shows personnel meet the PERSONNEL REQUIEMENTS described in the FPS ITMR & IC Services Performance Work Statement.
(2) Factor 2 - Past Performance: Past performance from recent and relevant projects/contracts will be reviewed by the Government using the Past Performance Information Retrieval System (PPIRS) or the government may contact the Points of Contact provided under factor one (1) to confirm the quality and timeliness of the work performed.
Recent means within the last (3) years and relevant means the project was similar in scope and complexity to this project.
Evaluation standard: this factor will be rated as Acceptable or Unacceptable.
ACCEPTABLE – the offeror has at least one recent and relevant project in PPIRS with an overall rating of satisfactory or better or have a satisfactory response from at least one point of contact in Factor one (1).
UNACCEPTABLE – the offeror has at least one recent and relevant project in PPIRS with an overall rating of less than satisfactory or have a less than satisfactory response from at least one point of contact in Factor one (1).
In accordance with FAR 15.305(2)(iv) in the case of an offeror without a record of relevant past performance or for whom information on past performance is unavailable, the offeror may not be evaluated favorably or unfavorably on past performance. If an offeror does not have a record of relevant past performance or if information on an offeror’s past performance is not available in PPIRS, the offeror will receive a Neutral rating of “Acceptable”.
(3) Factor 3 - Price. Award will be made to the lowest priced technically acceptable offeror. The lowest price technically acceptable offeror is the offeror who receives a rating of Acceptable for Factors (1) and (2) who offers the lowest overall price. The Government will evaluate the price proposal for the project to determine whether the offered price is reasonable. The contract line items will also be analyzed to determine whether the prices are realistic and balanced for the work to be performed, reflecting a clear understanding of the Technical Specifications.
(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
PAGE 13 OF 118 1333ND20QNB150185
option(s).
(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)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2020)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.
(a) Definitions. As used in this provision-- "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB)concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"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.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed 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.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral 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"
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(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.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) 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 in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
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These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to 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.
(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.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(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) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126;
and
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(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:
__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [_] has, [_] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor(41 CFR parts 60-1 and 60-2), or
(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.
The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line Item No. Country of Origin [List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)
(ii) or (g)(1)(iii) of this provision, is a 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
PAGE 17 OF 118 1333ND20QNB150185
[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. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of Origin [List as necessary]
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, 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, 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]
PAGE 18 OF 118 1333ND20QNB150185
(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;
(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 $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when 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. 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. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. 6159. The taxpayer is making timely payments and 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 Product Line item No. Listed Countries of Origin [List as necessary]
(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…
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