1RFQ FA301621U0057 Structure Repairs (1).pdf
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- Fire Training Equipment Repairs Federal contract opportunity
- Solicitation number
- FA301621U0057
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Text version
The solicitation number is FA301621U0057 and is issued as a Request for Quotation.
This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2021-05.
NAICS code: 811310- Commercial and industrial machinery and equipment.
Small business size standard: $8.0 million
Structural Burn Building & Live Fire
Aircraft Trainer Repairs (The quote shall be effective for 60 days after submission of quote)
Please respond to this RFQ by emailing response to: Mary Lou Walther at E-mail: mary.walther@us.af.mil no later than 2:00 P.M. CST, 17 June 2021 –Thursday (or sooner if possible) in order to be considered timely. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered unless received before award is made, unless the Contracting
Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received. Please contact Mary Lou Walther with additional questions at the above noted email address.
Please provide a quote for the line items listed below. Failure to quote on all CLINs may render the quote unacceptable and ineligible for award consideration.
Live Fire Aircraft Trainer Repairs
See Attachment 1 Statement of
Work
1 EA
0002 Emergency Services Structural Burn
Building
See Attachment 1 Statement of
Work
1 EA $_____________ $_____________
TOTAL COST $
Projected Delivery Date(s): 60 days ARO
Delivery Address: JBSA RANDOLPH, TEXAS
Please provide the information below:
Company Name:
DUNS #
Required Cage Code
Number:
POC:
Telephone #
E-Mail Address:
Tax ID#:
ITEM DESCRIPTION QTY Unit Unit Price Extended
Amount mailto:mary.walther@us.af.mil
Special Notes and Instructions:
1. 52.212-1- Instructions to Offerors –Commercial Items is incorporated by reference. The following addenda applies to the provision:
i. The Offeror’s quote shall provide a detailed technical plan that includes: the approach, methodology and proposed solution to satisfy the requirements included in the Statement of Work.
2. 52.212-2—Evaluation Commercial Items
(a) 502d CONS/JBKAA will issue a purchase order to the responsible vendor whose quote will be the most advantageous to the Government. The following shall be used to evaluate quotes:
The technically acceptable lowest priced quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that are contained in the solicited item description.
If the Government receives 3 or fewer initial quotes all quotes will be evaluated for Technical Acceptability.
If the Government receives 3 or more initial quotes the Government will only select the 3 lowest priced quotes and then evaluate them for Technical Acceptability. The Government reserves the right to evaluate additional quotes for technical acceptability if in the Government’s best interest. If additional quotes are evaluated for technical acceptability they will be selected in the order of price.
Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.
3. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor
Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information.
4. Invoices. All invoices must be submitted electronically through WAWF.
5. Delivery/Assembly: Delivery shall be FOB Destination and included in CLIN prices noted above, unless otherwise and clearly noted by offeror in submitted offer. The items must be fully assembled and ready for use upon delivery.
6. The following FAR/DFARS provisions and clauses are applicable to this solicitation:
(For full text references, go to https://www.acquisition.gov/) http://www.sam.gov/portal/public/SAM/ http://www.sam.gov/portal/public/SAM/ http://www.acquisition.gov/)
DOCUMENT NUMBER SOLICITATION NUMBER
(Not Set)
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
SECTION
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
2011-09 SEC I
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2019-12 SEC I
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
2016-05 SEC I
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2021-01 SEC I
252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12 SEC G
252.232-7010 Levies on Contract Payments. 2006-12 SEC I
252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration.
2020-04 SEC I
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.
2013-06 SEC I
252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items. 2020-10 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10 SEC I
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2013-12 SEC I
52.204-7 System for Award Management. 2018-10 SEC K 52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I 52.212-1 Instructions to Offerors-Commercial Items. 2020-06 SEC L 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 SEC I 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I 52.242-15 Stop-Work Order. 1989-08 SEC F 52.247-34 F.o.b. Destination. 1991-11 SEC F
252.203-7003 Agency Office of the Inspector General. 2019-08 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2011-11 SEC K
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
2016-10 SEC I
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05 SEC I
252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
CLAUSE TEXT
52.204-19 Incorporation by Reference of Representations and
Certifications.
2014-12
As prescribed in , insert the following clause.4.1202(b)
Incorporation by Reference of Representations and Certifications (DEC 2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) As used in this clause- Definitions.
"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.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process Electronic invoicing.
vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.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) The Contractor should follow the training instructions of the WAWF Web- WAWF training.
Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, WAWF methods of document submission.
Electronic Data Interchange, or File Transfer Protocol.
(f) The Contractor shall use the following information when WAWF payment instructions.
submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following Document type.
document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
N/A
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
INVOICE and RECEIVING REPORT (COMBO)
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table Document routing.
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 WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC FA3016
Admin DoDAAC FA3016
Inspect By DoDAAC
Ship To Code
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation Payment request.
appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements Receiving report.
of DFARS Appendix F.
(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.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires. 2014-05
As prescribed in , insert the following clause:22.1006(b)
Statement of Equivalent Rates for Federal Hires (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause identifies the classes of service employees expected to be 29 CFR Part 4 employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
23910 19.99
(End of clause)
52.212-3 Offeror Representations and Certifications-Commercial Items. 2021-02 52.212-3 Offeror Representations and Certifications-Commercial Items.
As prescribed in , insert the following provision:12.301(b)(2)
Offeror Representations and Certifications-Commercial Items (Feb 2021)
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.
. As used in this provision-(a) Definitions
"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.
means a small Economically disadvantaged women-owned small business (EDWOSB) concern 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 . It 13 CFR part 127 automatically qualifies as a women-owned small business eligible under the WOSB Program.
means all work or service-Forced or indentured child labor
Exacted from any person under the age of 18 under the menace of any penalty for its (1) nonperformance and for which the worker does not offer himself voluntarily; or
Performed by any person under the age of 18 pursuant to a contract the enforcement of (2) which can be accomplished by process or penalties.
means the entity that owns or controls an immediate owner of the offeror, or Highest-level owner 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.
means an entity, other than the offeror, that has direct control of the offeror. Immediate owner 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.
, means a foreign incorporated entity that meets the definition of an Inverted domestic corporation 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).
means any end product in product and service codes (PSCs) 1000-Manufactured end product 9999, except-
PSC 5510, Lumber and Related Basic Wood Materials;(1)
Product or Service Group (PSG) 87, Agricultural Supplies;(2)
PSG 88, Live Animals;(3)
PSG 89, Subsistence;(4)
PSC 9410, Crude Grades of Plant Materials;(5)
PSC 9430, Miscellaneous Crude Animal Products, Inedible;(6)
PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(7)
PSC 9610, Ores;(8)
PSC 9620, Minerals, Natural and Synthetic; and(9)
PSC 9630, Additive Metal Materials.(10) means the place where an end product is assembled out of components, or Place of manufacture 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.
means an entity that is replaced by a successor and includes any predecessors of the Predecessor predecessor.
has the meaning provided in the clause 52.204-25, Prohibition on Contracting Reasonable inquiry for Certain Telecommunications and Video Surveillance Services or Equipment.
means business operations in Sudan that include power production Restricted business operations 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-
Are conducted under contract directly and exclusively with the regional government of (1) southern Sudan;
Are conducted pursuant to specific authorization from the Office of Foreign Assets Control (2) in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
Consist of providing goods or services to marginalized populations of Sudan;(3)
Consist of providing goods or services to an internationally recognized peacekeeping force (4) or humanitarian organization;
Consist of providing goods or services that are used only to promote health or education; or(5)
Have been voluntarily suspended."Sensitive technology"-(6)
-Sensitive technology
Means hardware, software, telecommunications equipment, or any other technology that is (1) to be used specifically-
To restrict the free flow of unbiased information in Iran; or(i)
To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(ii)
Does not include information or informational materials the export of which the President (2) 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
Means a small business concern-(1)
Not less than 51 percent of which is owned by one or more service-disabled veterans or, (i) 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
The management and daily business operations of which are controlled by one or more (ii) service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability (2) 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 (1) 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.
, as used in this definition, means business concerns, one of whom directly or (2) Affiliates indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.
SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
, consistent with13 CFR 124.1002, means a small business Small disadvantaged business concern concern under the size standard applicable to the acquisition, that-
Is at least 51 percent unconditionally and directly owned (as defined at ) (1) 13 CFR 124.105 by-
One or more socially disadvantaged (as defined at13 CFR 124.103) and economically (i) disadvantaged (as defined at ) individuals who are citizens of the United States; and13 CFR 124.104
Each individual claiming economic disadvantage has a net worth not exceeding (ii) $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and
The management and daily business operations of which are controlled (as defined at 13.(2) CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
means an entity in which more than 50 percent of the entity is owned-Subsidiary
Directly by a parent corporation; or(1)
Through another subsidiary of a parent corporation(2) means an entity that has replaced a predecessor by acquiring the assets and carrying out Successor 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.
means a small business concern-Veteran-owned small business concern
Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.(1) 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
The management and daily business operations of which are controlled by one or more (2) veterans.
(in accordance Women-owned small business (WOSB) concern eligible under the WOSB Program with ), means a small business concern that is at least 51 percent directly and 13 CFR part 127 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.
Women-owned small business concern means a small business concern-
That is at least 51 percent owned by one or more women; or, in the case of any publicly (1) owned business, at least51 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.(2)
(b) . Any changes provided by the Offeror in (1) Annual Representations and Certifications paragraph (b)(2) of this provision do not automatically change the representations and certifications in
SAM
The offeror has completed the annual representations and certifications electronically in (2) 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.
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.
Offerors must complete the following representations when the resulting contract will be (c) performed in the United States or its outlying areas. Check all that apply.
. The offeror represents as part of its offer that it(1) Small business concern is, is not a small business concern.
. [(2) Veteran-owned small business concern Complete only if the offeror represented itself as a .] The offeror represents as part of its offer small business concern in paragraph (c)(1) of this provision that it is, is not a veteran-owned small business concern.
. [(3) Service-disabled veteran-owned small business concern Complete only if the offeror .] The represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision 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 .] The offeror represents, that itsmall business concern in paragraph (c)(1) of this provision is, is not a small disadvantaged business concern as defined in 13 CFR124.1002.
. [(5) Women-owned small business concern Complete only if the offeror represented itself as a .] The offeror represents that itsmall business concern in paragraph (c)(1) of this provision is, is not a women-owned small business concern.
WOSB concern eligible under the WOSB Program. [Complete only if the offeror (6) represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
It(i) 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
It(ii) is, is not a joint venture that complies with the requirements of , and the representation in 13 CFR part 127 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.
Economically disadvantaged women-owned small business (EDWOSB) concern. (7) [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-
It(i) 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
It(ii) is not a joint venture that complies with the requirements of , and the representation in 13 CFR part 127 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
.] Each EDWOSB concern participating in the joint that are participating in the joint venture:
venture shall submit a separate signed copy of the EDWOSB representation.
Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed Note:
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
.] The offeror represents that itparagraph (c)(1) of this provision is a women-owned business concern.
. If this is an invitation for bid, small (9) Tie bid priority for labor surplus area concerns 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 .] The offeror represents, as part of its offer, small business concern in paragraph (c)(1) of this provision that–
It(i) 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 ; and13 CFR Part 126
It(ii) is, is not a HUBZone joint venture that complies with the requirements of , and the 13 CFR Part 126 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.
Representations required to implement provisions of Executive Order11246- (d) Previous (1) contracts and compliance. The offeror represents that-
It(i) has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and has, has not filed all required compliance reports.
. The offeror represents that-(2) Affirmative Action Compliance
It(i) 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
It(ii) 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 http://uscode.house.
. (Applies only if the contract is expected to exceed $150,000.) By submission of its gov/ U.S.C. 1352) 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.
. (Applies only if the clause at Federal Acquisition Regulation (FAR) (f) Buy American Certificate 52.225-1, Buy American-Supplies, is included in this solicitation.)
The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this (1) (i) provision, is a domestic end product.
The Offeror shall list as foreign end products those end products manufactured in the (ii) United States that do not qualify as domestic end products.
The terms "domestic end product," "end product," "foreign end product," and "United (iii) 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
The Government will evaluate offers in accordance with the policies and procedures of (3) FAR part 25.
. (Applies only if the (g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate 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) (i) (A) or (iii) of this provision, is a domestic end product.
The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," (B) "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."
The Offeror certifies that the following supplies are Free Trade Agreement country end (ii) 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
The Offeror shall list those supplies that are foreign end products (other than those (iii) listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
Other Foreign End Products:
Line Item No. Country of Origin
[List as necessary]
The Government will evaluate offers in accordance with the policies and procedures of (iv) FAR part 25.
. If (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I 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
. If (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II 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
. If (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III 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
. (Applies only if the clause at FAR 52.225-5, Trade (5) Trade Agreements Certificate Agreements, is included in this solicitation.)
The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of (i) this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."
The offeror shall list as other end products those end products that are not U.S.-made or (ii) designated country end products.
Other End Products:
Line Item No. Country of Origin
[ ]List as necessary
The Government will evaluate offers in accordance with the policies and procedures of (iii) 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.
). (Applies only if the (h) Certification Regarding Responsibility Matters (Executive Order 12689 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;
(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 the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.
Taxes are considered delinquent if both of the following criteria apply:(i)
. The liability is finally determined if it has (A) The tax liability is finally determined 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.
. A taxpayer is delinquent if the (B) The taxpayer is delinquent in making payment 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 The taxpayer has received a statutory notice of deficiency, under I.R.C. (A) §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.
The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, (B) 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.
The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. (C) 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.
The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent (D) 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 products.
Listed End Product Listed Countries of Origin
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was (i) mined, produced, or manufactured in the corresponding country as listed for that product.
The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, (ii) produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(Does not apply unless the solicitation is predominantly for the (j) Place of manufacture.
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 (Certification by the offeror as to its compliance with respect to the contract also constitutes Standards 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.
Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1) (1). The offeror does does not certify that–
The items of equipment to be serviced under this contract are used regularly for other (i) than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
The services will be furnished at prices which are, or are based on, established catalog (ii) or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
The compensation (wage and fringe benefits) plan for all service employees performing (iii) work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
Certain services as described in FAR 22.1003-4(d)(1). The offeror(2) does does not certify that-
The services under the contract are offered and sold regularly to non-Governmental (i) 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;
The contract services will be furnished at prices that are, or are based on, established (ii) catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
Each service employee who will perform the services under the contract will spend (iii) 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
The compensation (wage and fringe benefits) plan for all service employees performing (iv) work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
If paragraph (k)(1) or (k)(2) of this clause applies–(3)
If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the (i) 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
The Contracting Officer may not make an award to the offeror if the offeror fails to (ii) 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.
26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if (l) Taxpayer Identification Number (TIN) ( the offeror is required to provide this information to the SAM to be eligible for award.)
All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this (1) 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).
The TIN may be used by the Government to collect and report on any delinquent amounts (2) 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 CFR1.6049-4;
Other .
.(5) Common parent
Offeror is not owned or controlled by a common parent;
Name and TIN of common parent:
Name .
TIN .
. By submission of its offer, the offeror certifies that (m) Restricted business operations in Sudan the offeror does not conduct any restricted business operations in Sudan.
Prohibition on Contracting with Inverted Domestic Corporations. (n) Government agencies are (1) 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.
. The Offeror represents that–(2) Representation
It(i) is, is not an inverted domestic corporation; and is not a subsidiary of an inverted domestic corporation.
Prohibition on contracting with entities engaging in certain activities or transactions relating to (o)
Iran. The offeror shall e-mail questions concerning sensitive technology to the Department of State at (1) CISADA106@state.gov.
. Unless a waiver is granted or an exception applies as (2) Representation and Certifications provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
Represents, to the best of its knowledge and belief, that the offeror does not export any (i) 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;
Certifies that the offeror, or any person owned or controlled by the offeror, does not (ii) engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and
Certifies that the offeror, and any person owned or controlled by the offeror, does not (iii) knowingly engage in any transaction that exceeds the threshold at FAR 25.703-2(a)(2) 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 (et seq.)
(see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov /resource-center/sanctions/SDN-List/Pages/default.aspx).
The representation and certification requirements of paragraph (o)(2) of this provision do (3) not apply if-
This solicitation includes a trade agreements certification ( , 52.212-3(g) or a (i) e.g.
comparable agency provision); and
The offeror has certified that all the offered products to be supplied are designated (ii) country end products.
. (Applies in all solicitations when there is a requirement to (p) Ownership or Control of Offeror be registered in SAM or a requirement to have a unique entity identifier in the solicitation).
The Offeror represents that it(1) 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.
If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following (2) information:
Immediate owner CAGE…
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