Z._Pike_SOL_Revised.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, &30 MMAPR5100170111 1 36

2. CONTRACT NO. 3. AWARDI 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION

EFFECTIVEDATE 693JF717R00037 ISSUEDATE

09/18/2017

7. FOR SOLICITATION NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATEJLOCALTIME

INFORMATIONCALL: Donald Coonan 202-366-1737 09/22/2017 1200 ED

9. ISSUED BY CODE MARAD- 000 91 10. THIS ACQUISITION IS Li UNRESTRICTED OR l SETASIDE: 100 . 00 % FOR:

US DOTMARIT INK ADMINI STRAT ION SMALL BUSINESS 0 (WOSB)EIJWBLEUNDERTHEWOMEN-OWNED

1200 NEW JERSEY AVENUE SE HUBZONE SMALL SMAI I RUSIWFS.S PROGRAM

NAICS: 712110

MAIL STOP W-28-201 BUSINESS OEDWOSB

WASHINGTON DC 20590-0001 Li 8(A)

SIZESTANDARD $27.5

SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS Li 138. THIS CONTRACT ISA

MARKED RATED ORDER UNDER

14. METHOD OF SOLICITATION

Li SEE SCHEDULE DPAS (15 CFR 700) 1RFQ EIIFB D RFP

15. DELIVER TO CODE IMI 00095 16. ADMINISTERED BY CODE MARAD 00091

USMERCHANT MARINE ACADEMY PROCURE US DOTMARITIME ADMINISTRATION

US DOTMARITIME ADMINISTRATION OFFICE OF ACQUISITION

300 STEAMBOAT ROAD MAR-380

KINGS POINT NY 11024-1699 1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TELEPHONE NO.

13175. CHECK IF REMITTANCE IS DIFFERENTAND PUT SUCHADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOSWI IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED ESEE,'DENDUM

19. 20. 21. 22. 23.

24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

The American Merchant Marine Museum, located on the grounds of the U.S. Merchant Marine Academy in Kings Point, NY, seeks the services of an experienced ship model restorer/builder to clean, restore, re-paint and re-rig a 16-foot long model of the Liberty ship Zebulon Pike. This model is used for hands on exhibits for schoolchildren, and repairs and modifications should thus be more robust than normal museum models, and requires iaterials safe to touch. Please see attached Statement of Work and photos of the Z. Pike model

(Use Reverse and/orAttach Additional Sheets as Necessanj)

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTALAWARD AMOUNT (For Govt. Use Only)

I 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-I, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA DARE ARE NOTATTACHED.

027b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA 0 ARE DARE NOTA1TACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENTAND RETURN _j

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

30a. SIGNATURE OF OFFEROR/CONTRACTOR

0 29. AWARD OF CONTRACT:

OFFER

DATED _______________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANYADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN. ISACCEPTEDASTO ITEMS:

31a. UNITED STATES OFAMERICA (SIGNATURE OF CONTRACTING OFFICER)

3Db. NAME AND TITLE OF SIGNER (Type or print) 3Cc. DATE SIGNED 3m. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

Judy Bowers

AUTHORIZED FOR LOCAL REPRODI

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA - FAR (48 CFR) 53.212

IEFERENCE NO. OF DOCUMENT BEING CONTINUED IPAGE OF

CONTINUATION SHEETI6S3JF7l7R00037 I I 36

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F) in Kings Point, NY, seeks the services of an experienced ship model restorer/builder to clean, restore, re-paint and re-rig a 16-foot long model of the Liberty ship Zebulon Pike. This model is used for hands on exhibits for schoolchildren, and repairs and modifications should thus be more robust than normal museum models, and requires naterials safe to touch.

In addition to the above mentioned repairs, the contractor will be responsible for:

repairing the models wood frame base to as new condition providing 10-12 miniatures approximately 3 tall as a crew, including both merchant mariners from all three shipboard departments and the U.S. Navy rmed Guard providing and applying decals for the ships name on the bow, ships name on stern, port of call on stern, and Plimsoll Lines providing scale U.S. flags, four signal flags spelling out ships four-letter code, and U.S.

Maritime Commission flag, all to be appropriately flown from halyards or other locations.

Due to the size of this model, the work must be done in situ in the Museum. A workshop 12 ft. by 18 ft. with windows along side will be provided.

See attached photo.

Period of Performance: 10/01/2017 to 01/14/2018

NSN 7540-01-152-5067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Zebu Ion Pike Statement of Work

The American Merchant Marine Museum, located on the grounds of the U.S. Merchant Marine Academy in Kings Point, NY, seeks the services of an experienced ship model restorer/builder to clean, restore, re-paint and re-rig a 16-foot long model of the Liberty ship Zebulon Pike. This model is used for hands on exhibits for schoolchildren, and repairs and modifications should thus be more robust than normal museum models, and requires materials safe to touch.

In addition to the above mentioned repairs, the contractor will be responsible for:

1. repairing the model's paint to "as new" condition

2. providing 10-12 miniatures approximately 3 inches tall as a crew, including both merchant mariners from all three shipboard departments and the U.S. Navy Armed Guard

3. providing and applying decals for the ship's name on the bow, ship's name on stern, port of call on stern, and Plimsoll Lines

4. providing scale U.S. flags, four signal flags spelling out ships four-letter code, and U.S. Maritime Commission flag, all to be appropriately flown from halyards or other locations.

5. Repair the model's freestanding base to "as new" condition, including repair or replacement of black exterior material.

6. Place lockable casters on the model's bases for ease of movement in future.

Contractor must be a fully competent professional marine model repair specialist, have a vast knowledge of marine/maritime vessels, and shall have the specialized equipment for every detail needing repair, and be proficient in matching paint color. Contractor should possess strict attention to detail, and a portfolio of completed work with contactable references and provide photographic evidence of building models of American-flagged twentieth-century cargo vessels for display in maritime museums, and include at least three references from past

Zebu Ion Pike Statement of Work work, at least one of which should be from a maritime museum. Contractor will be responsible for all transportation, oversight, security, materials, tools, equipment and labor to complete described task(s). Due to the size of this model, work must be done on site.

Table of Contents

Section1. 7 Clauses Incorporated by Reference 52.212-1 Instructions to Offerors-Commercial Items. (Jan 2017)

52.2 12-4 Contract Terms and Conditions - Commercial Items. (JAN 2017) Clauses Incorporated by Full Text 52.212-2 Evaluation-Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items

52.2 12-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items

52.216-1 Type of Contract. (APR 1984)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-

Representation and Certification. (OCT 2015) 52.232-99 - Providing Accelerated Payment to Small Business Subcontractors

(DEVIATION)

Section 1

Clauses Incorporated by Reference

52.212-1 Instructions to Offerors-Commercial Items. (Jan 2017) 52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017)

Clauses Incorporated by Full Text

52.212-2 Evaluation-Commercial Items.

As prescribed in 12.30 1(c), the Contracting Officer may insert a provision substantially as follows:

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:

Technical Approach. Past Performance and Price

Technical Approach is slightly less important than Past Performance. When combined technical approach and past performance are more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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.

As prescribed in 12.30 l(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) website accessed through http://ww.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision -

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(I) 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-

(I) 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.

'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"-

(I) 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. I 702(b)(3)).

"Service-disabled veteran-owned small business concern"-

(I) 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.

'Smal1 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 (l)(i) and (ii) of this definition.

'Subsidiary" means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at

U .S.C. I 0 1(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)

I0

(1) Annual Representations and Cert?'fIcations. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acguisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.2 12-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4. I 201), except for paragraphs

[Offeror to identf the applicable paragraphs at (c) through ) of this provision that the offèror has completedfor the purposes of this solicitation only, i/any.

These amended representation('s) and/or certflcation('s,,) are also incorporated in this offer and are current, accurate, and complete as ofthe date ofthis offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifIcations posted electronically on SAM]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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

(2) Veteran-owned small business concern. [Complete only i/the offeror represented itself as a small business concern in paragraph (c,)(1) ofthis provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only f the offeror represented itselfas a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only f the offeror represented itself as a small business concern in paragraph (c,)(1) ofthis provision.] The offeror represents, that it o is, o is not a spa1l disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only i/the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a 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 ci is,ci 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 ci is, ci 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 ci is, ci 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 ci is, ci 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 Ofjèror shall enter the name or names ofthe 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 itselfas a small business concern in paragraph (c,)(1,) ofthis provision.] The offeror represents that it ci is a women-owned business concern.

(9) Tie bidpriorityfor 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 f the offeror represented itselfas a small business concern in paragraph (c) (1) ofthis provision.] The offeror represents, as part of its offer, that-

(i) It ci is, ci is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It n is, n is not a HUBZone joint venture that complies with the requirements of 1 3 CFR Part 126, and the representation in paragraph (c)(1O)(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-

(I) Previous contracts and compliance. The offeror represents that-

(i) It u has, u has not participated in a previous contract or subcontract subject to the Equal OpportLinity clause of this solicitation; and

(ii) It n has, n has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It n has developed and has on file, n 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 n 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 $50,000.) 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, 0MB 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.

(0 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)(i)(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 "Babrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product,". and "United States" are defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act."

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(l)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition ofdomestic 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 Ito the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(I)(ii) for paragraph (g)(I)(ii) of the basic provision:

(g)(I)(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)(l)(ii) of the basic provision:

(g)(l)(ii) The offeror certifies that the following upplies 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 necessaryl

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certficate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(l)(ii) for paragraph (g)(i)(ii) of the basic provision:

(g)(l)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Ornani, 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 Cert?JIcate. (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 ofOrigin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S. -made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S. -made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Mailers (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) n Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) n Have, u 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) n Are, n 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) u Have, n have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability isfinally 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 makingpayment. 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 l.R.C. §62 12, 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 LR.C. §61 59.

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 endproducts being acquired under this solicitation that are included in the List ofProducts Requiring Contractor Certfication as to Forced or Indentured Child Labor, unless excluded at 22. 1503('b,).]

(1) Listed endproducts.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Ojjlcer has identUIed endproducts and countries qf origin in paragraph ((1,) ofthis provision, then the ofJèror must cert,fj.' to either ('ifi'2)('i,) or

(1) (2) (7i) by checking the appropriate block.]

D (i) The offeror will not supply any end product listed in paragraph (i)(l) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

n (ii) The offeror may supply an end product listed in paragraph (i)(l) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, ptoduce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place ofmanufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly -

(1) u 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) n Outside the United States.

(k) Certflcates regarding exemptionsfrom the application of the Service Contract Labor

Standards(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate fparagraph (k) (1) or (k) (2) applies.] n (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003 -

4(c)(l). The offeror n does n does not certify that-

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003 -4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

n (2) Certain services as described in FAR 22. I 003-4(d)( I). The offeror n does n does not certify that-

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22. I 003 -4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(l) or (k)(2) of this clause applies -

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(I) Taxpayer IdentUication Number (TIN) (26 U.S.C. 6109. 31 USC 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (1)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041. 604 IA. and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 770 l(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 IdentjIcation Number (TIN).

o TIN:

o TIN has been applied for.

n TIN is not required because:

0 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;

o Offeror is an agency or instrumentality of a foreign government;

o Offeror is an agency or instrumentality of the Federal Government.

(4) Type oforganization.

o Sole proprietorship;

o Partnership;

o Corporate entity (not tax-exempt);

o Corporate entity (tax-exempt);

o Government entity (Federal, State, or local);

o Foreign government;

o International organization per 26 CFR 1 .6049-4;

o Other

(5) Common parent.

o Offeror is not owned or controlled by a common parent;

o Name and TIN of common parent:

Name

IuII

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations.

(I) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9. 1 08-2(b) applies or the requirement is waived in accordance with the procedures at 9. I 08-4.

(2) Representation. By submission of its offer, the offeror represents that-

(I) It is not an inverted domestic corporation; and

(ii) It is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA I 06lstate.gov.

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-

(I) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)

(see OFAC's Specially Designated Nationals and Blocked Persons List at http ://www.treasury .gov/ofac/down loads/t 11 sdn . pdf).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-

(i) This solicitation includes a trade agreements certification (e.g., 52.2 12-3(g) or a comparable agency provision); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products.

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.

(1) The Offeror represents that ito has or o does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.

(2) If the Offeror indicates "has" in paragraph (p)(l) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name:

(Do not use a "doing business as" name) is the immediate owner owned or controlled by another entity: u Yes or u No.

(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a 'doing business as" name)

(End of provision).

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

As prescribed in 12.301 (b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-

Commercial Items (Jan 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate 1 (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-1 0, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reservedl.

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. I I I -11 7, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved].

(11)(i) 52.2 19-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (j

U.S.C. 657a).

(ii) Alternate 1 (Nov 2011) of 52.219-3.

(I2)(i) 52.2 19-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)

15 U.S.C. 657a').

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate 11 (Nov 2011).

(15)(i) 52.2 19-7, Notice of Partial Small Business Set-Aside (Julie 2003) (IS U.S.C. 644).

(ii) Alternate 1(Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.2 19-7.

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting…