6973GH-26-Q-00084.pdf
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- Solicitation number
- 6973GH-26-Q-00084
About this file
This is a Solicitation/Contract/Order for Commercial Items (Federal Acquisition Form 1449) issued by the FAA Aeronautical Center for the procurement of material handling equipment.
The solicitation seeks four line items: (1) one Crown FC5715-40 electric sit-down counterbalance truck with 4,000 lb. capacity including a 36-volt lead acid battery (Loadhog 18-E100-23, 1100AH), a 36-volt battery charger (NEXSYS+ 3-phase 208/240-volt NIP3-KP-4G), and an INFOLINK READY system with 7-inch touch display and 5 years of service; (2) one 36-volt battery charger (NEXSYS+ 1100 AMP, 3-phase 208/240V, NIP3-KP-4G); (3) one Loadhog 18-E100-23 battery with WIIQ4F (1100 AH capacity); and (4) one complete INFOLINK READY forklift system configured with specified options including LED worklights, blue floor spot lights, smart reverse alarm, and standard 1-year unlimited hours warranty with 60-month InfoLink service plan. The equipment must be delivered F.O.B. Destination to the FAA Distribution Center in Oklahoma City, with all freight included. The solicitation number is 6973GH-26-Q-00084, issued April 24, 2026, with an offer due date of May 1, 2026 at 1700 Central Daylight Time. This is a 100% small business set-aside (NAICS code 333924) with an unrestricted procurement method. The contracting officer is Edward B. Wright, and all offers must be submitted electronically to edward.b.wright@faa.gov. The document incorporates extensive FAA and federal acquisition regulations by reference, including clauses addressing compliance certifications, Buy American preferences, system for award management registration, records management, electronic invoicing, and protest procedures.
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| RFQ Crown FC5215-40.docx | DOCX document |
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SEE ADDENDUMIS CHECKED.
CODE 17a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE 16a. CONTRACTOR/
TELEPHONE NO.
16b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
AAQ710-AFN
BLDG 014-AHQ, ROOM 233A
PO BOX 25082
FAA AERONAUTICAL CENTER
AAQ-710 LOGISTICS CENTER ACQ
A697370F
OKLAHOMA CITY OK 731696901
6500 S MACARTHUR BLVD
DISTRIBUTION CENTER
697370 DOT FAA AML 1000
A697370F
CODE 15. ADMINISTERED BYCODE 14. DELIVER TO
X
X
SEE SCHEDULE
BLOCK IS MARKED
333924
SIZE STANDARD:
100.00% FORSET ASIDE
UNRESTRICTED
AAQ710-AFN
OKLAHOMA CITY OK 73125
BLDG 014-AHQ, ROOM 233A
PO BOX 25082
FAA AERONAUTICAL CENTER
AAQ-710 LOGISTICS CENTER ACQ
RFPIFB
11. DELIVERY FOR FOB10. THIS ACQUISITION ISCODE 9. ISSUED BY
RFQ
13. METHOD OF SOLICITATION
DESTINATION UNLESS
SIC:
SMALL BUSINESS
12. DISCOUNT TERMS
05/01/2026 1700 CD
04/24/2026
405-954-0693Edward Wright (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 2. CONTRACT NO.
7.
6. SOLICITATION
6973GH-26-Q-00084
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 4
OFFEROR TO COMPLETE BLOCKS 12, 16, 22, 23, & 28
OKLAHOMA CITY OK 73125
EFFECTIVE DATE
17b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 17a. UNLESS BLOCK BELOW
ISSUE DATE
23.
AMOUNT
22.
UNIT PRICE
21.
UNIT
20.
QUANTITY
19.
SCHEDULE OF SUPPLIES/SERVICES
18.
ITEM NO.
00001 CROWN - FC5715-40 4,000 LB. CAPICITY, 4-WHEEL, 1 EA
Continued ...
27. AWARD OF CONTRACT: REFERENCE
HEREIN, IS ACCEPTED AS TO ITEMS:
X
DATED
Edward B. Wright
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
40d. TOTAL CONTAINERS40c. DATE REC'D (YY/MM/DD)
40b. RECEIVED AT (Location)
40a. RECEIVED BY (Print)
26. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
38. PAID BY37. S/R VOUCHER NUMBER36. S/R ACCOUNT NUMBER
35. CHECK NUMBER
FINALCOMPLETE PARTIAL
34. PAYMENT
39c. DATE39b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
39a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32c. DATE32b. SIGNATURE OF AUTHORIZED CONTRACT AUTHORITY
REPRESENTATIVE
FINALPARTIAL
CORRECT FOR
33. AMOUNT VERIFIED 32. VOUCHER NUMBER
CONTRACT, EXCEPT AS NOTED
ACCEPTED, AND CONFORMS TO THEINSPECTEDRECEIVED
30a. QUANTITY IN COLUMN 20 HAS BEEN
29c. DATE SIGNED
28a. SIGNATURE OF OFFEROR/CONTRACTOR 29a. CONTRACT AUTHORITY (SIGNATURE OF CONTRACTING OFFICER)
28c. DATE SIGNED28b. NAME AND TITLE OF SIGNER (Type or Print) 29b. NAME OF CONTRACTING OFFICER (Type or Print)
31. SHIP NUMBER
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 HEREIN.
25. TOTAL AWARD AMOUNT (For Contract Authority Use Only)24. ACCOUNTING AND APPROPRIATION DATA
OFFER
Edward Wright Highlight
Edward Wright Highlight
Edward Wright Highlight
Edward Wright Highlight
Edward Wright Highlight
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
6973GH-26-Q-00084
(A) (B) (C) (D) (E) (F)
Electric SIT-DOWN COUNTERBALANCE TRUCK
- One (1) each 36-volt Lead Acid Battery:
Loadhog, 18-E100-23, 1100AH, w/WIIQ4F or Similar
Battery
- One (1) each 36-volt Battery Charger: NEXSYS+, 3-phase, 208/240-volt, NIP3-KP-4G
- One (1) each INFOLINK READY System: with 7"
Touch Ready Display Monitor with 5-Years /
60-Months of Service installed and ready to use upon acceptance.
FC5715-40 4,000 LB. CAPICITY, 36-Volt, 4-Wheeled, Electric Sit-Down, Counterbalance Truck
- MAST/SC: Triple Stage LH 188.0", FLH 32.2", OAH-C 83.0", OAH-EX 236.0"
- FORKS: Standard Length 48" / Width 4" / Thick
1.8"
- ATTACHMENT: Sideshifting Fork Positioner -
38" FEM249
- INFOLINK READY: w/7"/178mm Touch Ready
Display Screen with 5 Years of Service
- TIRES: Cushioned Rubber Lugged Non-Marking
(for indoor/outdoor usage)
- SEAT: FlexSeat Vinyl / with High Visibility
Orange Seatbelt
- D4 Armrest: D4 Armrest
- LIGHTS: Overhead LED Worklights, BLUE FLOOR Spot Lights FWD/AFT
- TRAVEL ALARM: Smart alarm - Reverse
- HORN OPTION: B-Post Horn - Single Handle --
(If possible)
- AC HYDRUALICS & AC TRACTION: With On-Demand
Steering
Electronic & IT: 03
User Product Code: 3930-00-000-0000-N
00002 - One (1) each 36-volt BATTERY CHARGER - NEXSYS+, 1 EA
1100 AMP, 3 Phase, 208/240V, NIP3-KP-4G Battery
Charger
Electronic & IT: 03
QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
6973GH-26-Q-00084
(A) (B) (C) (D) (E) (F)
User Product Code: 3930-00-000-0000-N
00003 - One (1) each Battery - Loadhog 18-E100-23 1 EA w/WIIQ4F
Amp-Hours Capacity: 1100, Connector Type: SB350, Connector Color: Gray, Battery Cable Position: A, Cable Length: 18"/457mm
Electronic & IT: 03
User Product Code: 3930-00-000-0000-N
00004 - One (1) each INFOLINK READY FORKLIFT with 1 EA
Installed INFOLINK MODULE / 7" TOUCH Ready
DISPLAY Monitor with 5-year / 60-months of
SERVICE.
Direction Control: Left Side of Steering Column
(Part No. FC5715-40)
Operator Fan: Yes
Drive Tire Options: Lugged Rubber Non-Marking
Drive Tire Width: Standard Tread
Steer Tire Options: Lugged Rubber Non-Marking
Rear View Mirror: Plastic Rear View Mirror
Floor Spotlight: Forks First / Power Unit First -on with Key
Floor Spotlight Color: Blue
Work Light Type: LED
Front Work Lights: OHG Mounted Work Lights
Work Light Switch: Panel Switch - Front Lights
InfoLink® Ready System: InfoLink® w/
7"/178mm Touch Ready
Organization Kit: Clipboard Organizer
Paint Color: Crown Beige/Gray
Language: US English
Shipment Handling: Standing
Freight Included F.O.B. Destination
Warranty: Standard-1 Year Unlimited Hours
InfoLink Service Plan: InfoLink Service Plan with
7 inch Touch Module for 60 Months
***Clipboard Organizer Postitioned by Seat
Line 2: (1) Battery - LoadHog 18-E100-23 with
WIIQ4F (OLM) (Part No. 18-E100-23 with WIIQ4F)
QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
4 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
6973GH-26-Q-00084
(A) (B) (C) (D) (E) (F)
Line 3: (1) Charger - NEXSYS+ 3 Phase 208/240
NIP3-KP-4G (OLM) (Part No. NIIP3-KP-4G)
Electronic & IT: 03
User Product Code: 3930-00-000-0000-N
Section -- - Terms and Conditions Terms and Conditions List
(a) By submission of this offer, the offeror attests that all representations and certifications as reflected in the System for Award Management (SAM) are current and accurate as of the date the offer is submitted. The offeror shall provide immediate written notice to the Contracting Officer if at any time prior to award the offeror learns that any certification or representation in SAM was erroneous when this offer was submitted or has become erroneous by reason of changed circumstances.
(b) Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
https://fast.faa.gov/contractclauses.cfm.
(End of clause)
0.0 FAA AMS CLAUSES UPDATE 122 APRIL 1, 2025
PART 3.1 CLAUSES AND PROVISIONS
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)
PART 3.1.9 ELECTRONIC COMMERCE
PART 3.2.2.3 SOURCE SELECTION
3.2.2.3-1 FALSE STATEMENTS IN OFFERS (APR 2024)
3.2.2.3-12 AMENDMENTS TO SCREENING INFORMATION REQUESTS (APR 2024)
3.2.2.3-13 SUBMISSION OF INFORMATION/DOCUMENTATION/OFFERS (APR 2024)
3.2.2.3-17 PREPARING OFFERS (APR 2024)
3.2.2.3-18 PROSPECTIVE OFFEROR'S REQUESTS FOR EXPLANATIONS (APR 2024)
3.2.2.3-82 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN
- CERTIFICATION (JUL 2012)
3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (OCT 2015)
PART 3.2.2.7 CONTRACTOR QUALIFICATIONS
3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2023)
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
PART 3.2.5 CONTRACTOR ETHICAL GUIDELINES
3.2.5-1 OFFICIALS NOT TO BENEFIT (OCT 2024)
3.2.5-3 GRATUITIES OR GIFTS (OCT 2024)
3.2.5-4 CONTINGENT FEES (OCT 2024)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 2024)
PART 3.3.1 CONTRACT FUNDING, FINANCING AND PAYMENT
3.3.1-1 PAYMENTS (JUL 2018)
3.3.1-8 EXTRAS (OCT 2024)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS
(OCT 2012)
3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD
MANAGEMENT (OCT 2024)
PART 3.3.2 CONTRACT COST PRINCIPLES
3.3.2-1 FAA COST PRINCIPLES (OCT 2019)
PART 3.6.1 SMALL BUSINESS UTILIZATION PROGRAM
3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (OCT 2019)
PART 3.6.2 LABOR LAWS
3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 2025)
3.6.2-39 TRAFFICKING IN PERSONS (OCT 2024)
PART 3.6.4 FOREIGN ACQUISITION
3.6.4-5 FAA BUY AMERICAN PREFERENCE - STEEL AND MANUFACTURED GOODS (APR
2022)
3.6.4-8 BUY AMERICAN ACT AND FAA BUY AMERICAN PREFERENCE - USMCA
IMPLEMENTATION ACT - BALANCE OF PAYMENTS PROGRAM (JAN 2024)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.6.6-1 DRUG FREE WORKPLACE (APR 2023)
3.6.6-2 SEAT BELT USE BY CONTRACTOR EMPLOYEES (APR 2023)
3.6.6-3 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JUL 2023)
3.8.9-2 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (JUL 2023)
PART 3.9.1 RESOLUTION OF PROTESTS AND DISPUTES
3.9.1-1 CONTRACT DISPUTES (JAN 2020)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
PART 3.10.1 CONTRACT ADMINISTRATION
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-9 STOP-WORK ORDER (APR 2025)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.1-28 CHANGES REQUIRED BY AMS (JAN 2024)
PART 3.10.2 SUBCONTRACTING
PART 3.10.4 QUALITY ASSURANCE
3.10.4-2 INSPECTION OF SUPPLIES - FIXED PRICE (NOV 1997)
3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)
PART 3.10.6 TERMINATION OF CONTRACTS
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT
1996)
3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (JAN 2020)
PART 3.11 TRANSPORTATION
3.11-34 F.O.B. DESTINATION (APR 1999)
3.11-62 PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS (APR
2025)
PART 3.13 ADMINISTRATIVE MATTERS
3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)
(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:
(1) Contracts written on paper and contracts in electronic form;
(2) Pen-and-ink signatures and electronic signatures; and
(3) Other legally-required written records and the same information in electronic form.
(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.
(c) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.
(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.
(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section
5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.
(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:
Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.
(End of Clause)
3.2.2.3-2 MINIMUM OFFER ACCEPTANCE PERIOD (APR 2024)
(a) 'Acceptance period,' as used in this provision, means the number of calendar days the FAA has to award a contract from the date the SIR specifies for receiving offers.
(b) This provision supersedes any language about the acceptance period appearing elsewhere in this SIR.
(c) The FAA requires a minimum acceptance period of three calendar days.
(d) The offeror may specify a longer acceptance period than the period shown in paragraph (c). To specify a longer period, fill in the blank: The offeror allows the following acceptance period: _____ calendar days.
(e) The FAA may reject an offer allowing less than the FAA's minimum acceptance period.
(f) The offeror agrees to fulfill the offer completely if the FAA accepts the offer in writing within:
(1) The acceptance period stated in paragraph (c) of this provision; or
(2) Any longer acceptance period stated in paragraph (d) of this provision.
(End of provision)
3.2.2.3-16 RESTRICTING, DISCLOSING AND USING DATA (APR 2024)
If the offeror includes data in the offer that the offeror does not want to be disclosed to the public or for the FAA to use except for evaluation purposes-
(a) Mark the title page with the following legend: "This offer includes data that must not be (1) disclosed outside the FAA and (2) duplicated, used, or disclosed -in whole or in part- for any purpose other than to evaluate this offer."
(b) Contracts awarded as a result of this SIR are subject to the disclosure requirements specified in this SIR. This restriction does not limit the FAA's right to use information from another source that may be contained in the offer.
(c) Use the following space to identify the pages containing the restricted data:
Numbers or other identification of pages:
(d) Mark each page the offeror wants to restrict with the following legend: "Using or disclosing data contained on this page is subject to the restriction on the title page of this offer."
Edward Wright Highlight
(End of provision)
3.2.2.3-20 OFFERS (JAN 2018)
(a) The offeror (you) must submit responses to this SIR by the following electronic means email Your offer must arrive at the place and by the time specified in the SIR.
(b) Such offers must refer to this SIR and include, as applicable, the item or sub-items, quantities, unit prices, time and place of delivery, all representations and other information required and a statement specifying the extent of your agreement with all the FAA's (we) terms, conditions, and provisions.
(c) We may decline to consider offers that do not include required information, or that reject any of the terms, conditions and provisions of the SIR.
(d) Send your offer to edward.b.wright@faa.gov.
(e) We will not be responsible for any failure attributable to transmitting or receiving the offer, unless it falls under section (a) of AMS provision 3.2.2.3-14 "Late Submissions, Modifications, and Withdrawals of Submittals".
(End of provision)
3.2.2.3-81 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS-REPRESENTATION (JUL 2024)
(a) Definition: "Inverted Domestic Corporation" and "subsidiary" are defined in AMS clause 3.2.2.3-83 "Prohibition Against Contracting with Inverted Domestic Corporations."
(b) The FAA is 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 requirement is waived in accordance with applicable AMS guidance.
(c) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one.
(End of Provision)
3.2.2.7-7 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (JUL 2024)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that:
(i) All representations and certifications, as reflected in the System for Award Management (SAM) are current and accurate as of the date the proposal/offer is submitted. If the Offeror represents itself as an SDVOSB, the Offeror certifies it is certified as an SDVOSB under the Small Business Administration's Veteran Small Business Certification Program (VetCert) at the time of offer. The Offeror must provide immediate written notice to the Contracting Officer if at any time prior to award the Offeror and/or any of its principals learns that any certification or representation in SAM or on VetCert was erroneous when this proposal/offer was submitted or has become erroneous by reason of changed circumstances.
(ii)The Offeror and/or any of its Principals-
(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) 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 public- (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws or receiving stolen property; and
Edward Wright Highlight
(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1) (ii)(B) of this provision.
(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $10,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples-
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.
Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.
During the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) 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).(E) The Offeror has [ ] has not [ ] within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) 'Principals,' for the purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A
MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING
OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT
TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror must provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this SIR. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.
(d) Nothing contained in the foregoing must be construed to require establishment of a system of records to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an
Edward Wright Highlight
Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this SIR for default.
(End of provision)
3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JAN 2024)
(a) Definitions. As used in this clause
"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the Unique Identity Identifier (UEI) or the Electronic Funds Transfer indicator, into the SAM database.
"System for Award Management (SAM) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.
"Unique Entity Identifier (UEI)" (also known as the Unique Entity ID) means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
"Electronic Funds Transfer indicator" means a 4-character suffix to the Unique Entity Identifier. This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror must enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the UEI or EFT indicator that identifies the offeror's name and address exactly as stated in the offer. The UEI will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a UEI, it should contact www.sam.gov directly to obtain one.
The offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company Physical Street Address, City, State, and ZIP Code.
(4) Company Mailing Address, City, State and ZIP Code (if different from physical street address).
(5) Company Telephone Number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity).
(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.
(e) Processing time should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled Veteran- Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are certified as an SDVOSB under the Small Business Administration's Veteran Small Business Certification Program (VetCert).
(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:
(A) Change the name in the SAM database;
(B) Comply with the requirements of AMS regarding novation and change-of-name agreements; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.
(End of Clause)
3.3.1-35 CERTIFICATION OF REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT (APR
2022)
In accordance with Clause 3.3.1-33, System for Award Management (SAM), the offeror certifies that they are registered in the SAM Database and have entered all mandatory information including the Unique Entity Identifier (UEI) or Electronic Funds Transfer (EFT) indicator.
Name: ______________________________
Title: _______________________________
Phone Number: _______________________
(End of provision)
3.6.1-17 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE (OCT 2022)
The North American Industry Classification System (NAICS) code for this procurement is:
333924.
The small business size standard as defined by the Small Business Administration (SBA) is the following:
For NAICS codes based on SBA's calculation of annual receipts, the annual average receipts cannot exceed [ ].
For NAICS codes based on the number of employees, the average number of employees over the last 24-month period cannot exceed 900.
(End of provision)
3.6.4-17 BUY AMERICAN ACT AND FAA BUY AMERICAN PREFERENCE-USMCA
IMPLEMENTATION ACT-BALANCE OF PAYMENTS CERTIFICATE (JAN 2024)
(a) The offeror certifies that each end product or service, except as listed below, is a domestic end product or service (as defined in the AMS clause 3.6.4-8 "Buy American Act and FAA Buy American Preference-USMCA Implementation Act-Balance of Payments Program") and components of unknown origin are considered to have been mined, produced, or manufactured outside the United States.
Excluded End Product Country of Origin (list as necessary)
(b) Under certain circumstances, offers of United States-Mexico-Canada Agreement (USMCA) country end products (as defined in the AMS clause 3.6.4-8 "Buy American Act and FAA Buy American Preference-USMCA Implementation Act-Balance of Payments Program") will be given the same preference as domestic end products.
To obtain this preference, offerors must identify below those end products that are USMCA country end products.
Products that are not identified and certified below will not be deemed USMCA country end products
Excluded End Product USMCA Country of Origin (List as necessary)
(c) The offeror agrees to furnish any additional information as the Contracting Officer may request to verify the above information and to evaluate the offer. Offerors may obtain from the Contracting Officer lists of articles, materials, and supplies excepted from the Buy American Act or FAA Buy American Preference.
(End of provision)
3.6.4-19 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN
ACTIVITIES OR TRANSACTIONS RELATED TO IRAN- REPRESENTATION AND
CERTIFICATIONS (JAN 2024)
(a) Definitions.
"Person"
(1) Means
(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
"Sensitive Technology"
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically (i)To restrict the flow of free, unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict the speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to Section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(3)The offeror must e-mail any questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(b) Certification. Except as provided in paragraph (c) of this provision or if a waiver has been granted in accordance with AMS Iran Sanctions Guidance, by submission of its offer, the offeror
(1)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 individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(2) Certifies that the offeror, or any other entity owned or controlled by, or person controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996.
These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and
(3) Certifies that the offeror, and any other entity owned or controlled by, or person controlled by the offeror, does not knowingly engage in any transaction that exceeds $10,000 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 USC 1701 et. seq. (see the Department of the Treasury's Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List on their website).
(c) The certification requirement of paragraph (b) of this provision does not apply if the acquisition is subject to the trade-related acts in AMS Trade Agreements Guidance.
(End of provision)
3.8.9-1 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (JUL 2023)
(a) Definitions. As used in this provision-
Backhaul, Covered telecommunications equipment or services, Critical technology, Interconnection Arrangements, Reasonable inquiry, Roaming and Substantial or essential component have the meanings provided in AMS clause 3.8.9-2 "Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment".
(b) Prohibitions.
(1) Section 889(a) (1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in this prohibition will be construed to-
(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a) (1) (B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020 from entering into a contract or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential part of any system or as critical technology as part of any system.
This prohibition applies to any entity that uses covered telecommunications equipment or services, including uses not in support of the Government. Nothing in this prohibition will be construed to-
(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures: The offeror must review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from Federal awards for covered telecommunications equipment or services.
(d) Representations.
(1) The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror must provide the additional disclosure information required at (e) if the Offeror responds "will" and
(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents that it does [ ] does not [ ] use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror must provide the additional disclosure information required at paragraph (e) if the Offeror indicates "does".
(e) Disclosures. Disclosure for the representation in paragraph (d) (1) of this provision If the Offeror has responded "will" in the representation in paragraph (d) (1) of this provision, the Offeror must provide the following information as part of the offer--
(1) For covered equipment
(i) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(iii) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) (1) of this provision.
(2) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications services offered (include on the item being maintained: brand, model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable; or
(ii) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed uses of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
Disclosure for representation in paragraph (d) (2) of this provision. If the Offeror has responded "does" to paragraph
(d) (2) of this provision, the offeror must provide the following information as part of the offer-
(3) For covered equipment
(i) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(iii) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) (2) of this provision.
(4) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications services offered (include on the item being maintained: brand, model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(ii) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed uses of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of Provision)
3.8.9-3 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES- REPRESENTATION
(JUL 2023)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meanings per the clause 3.8.9-2 "Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment".
(b) Procedures. The offeror must review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for covered telecommunications equipment or services.
(c) Representation.
(1) The offeror represents that it _________ does, _________ does not provide covered telecommunications equipment or services as part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it _____________ does, ______________ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
3.8.9-4 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB ENTITIES (JAN 2024)
(a) Definitions. As used in this clause-
Kaspersky Lab covered article means any hardware, software, or service that-
(1) Is developed or provided by a Kaspersky Lab covered entity;
Edward Wright Highlight
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.
Kaspersky Lab covered entity means-
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g. "Kaspersky";
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from-
(1) Providing any Kaspersky Lab covered article that the Government will use; and
(2) Using any Kaspersky Lab covered article in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor must report this in writing to the Contracting Officer. For indefinite delivery contracts, the Contractor must report this in writing to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order.
(2) The Contractor must report the following information pursuant to paragraph (c) (1) of this clause:
(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor must describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.
(d) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
3.8.9-5 PROHIBITION ON USING BYTEDANCE COVERED APPLICATIONS INCLUDING
TIKTOK (JUL 2023)
(a) Definitions. As used in this clause-
"Covered Application" means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
"Information technology," as defined in 40 U.S.C. 11101(6)-
(1) Means any equipment, or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a Contractor under a contract with the executive agency that requires the use-
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal Contractor incidental to a Federal contract.
(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117- 328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that a waiver has been granted in accordance with AMS Guidance T3.8.9C.3.c.(2).
(c) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (c), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
3.8.9-6 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—
REPRESENTATION AND DISCLOSURES (JAN 2024)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the AMS Clause 3.8.9-7, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of AMS Clause 3.8.9-7, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(c) Procedures.
(1) The Offeror must search in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of AMS Clause 3.8.9-7, Federal
Acquisition Supply Chain Security Act Orders-Prohibition. Issued FASCSA orders may be identified by selecting the "View FASCSA Orders" button from the SAM homepage (https://www.sam.gov) and viewing or downloading FASCSA orders from the Supply Chain Security Orders webpage.
(2) The Offeror must review the SIR for any FASCSA orders that are not in SAM but are effective and do apply to the SIR and resultant contract (see AMS Guidance T3.8.9.C.4.c.(2)(A)(ii)).
(3) FASCSA orders issued after the publication date of the SIR do not apply unless the order is subsequently added to the SIR via amendment.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a "reasonable inquiry" (as defined in AMS Clause 3.8.9-7), and that the offeror does not propose to provide or use in response to this SIR any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the SIR was issued, except as waived by the SIR, or as disclosed in paragraph (e) Disclosures, below.
(e) Disclosures. The purpose for this disclosure is so the FAA may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA…
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