Modification-P0002.pdf

The purpose of Modification/P0002 is to:

1. Extend the closing date: from April 12, 2019 to April 15, 2019 at 2:00 pm (to include samples and delivery).

2. Posting Questions and Answers (Q&A’s)

3. Update the terms and conditions by adding the following:

52.219-8, Utilization of Small Business Concerns (Oct 2018) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) 52.225-1, Buy American--Supplies (May 2014)

52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013)

CARTRIDGE, 5.56mm 64gr (+/-3gr) FMJ

70US0919Q70090030

Questions and Answers

Question #1:

Paragraph 3.3 CASE (page 2 of 8) states “The cartridge case shall be a military 5.56mm copper alloy case manufactured in accordance with Army drawing 19200-9378276.”

The current drawing for military production is 19200-11820451 (attached) for M855/MK262 Mod1/ MK255 Mod 1. This is the brass we are currently using in production and what we have in stock. We have inquired with our brass supplier to insure they are equivalent, but in the interim, would brass complying with this drawing be an acceptable substitute?

Response:

The military drawing referenced in paragraph 3.3 of the Statement of Work has been updated since the SOW was written. Therefore, brass that complies with drawing 19200-11820451 is acceptable.

Question #2:

Can you advise whether the ammunition being sought on this solicitation are for training only, or if they will also be used as a duty round?

Response:

The ammunition is for training only.

Question #3:

1. Do the case mouths have to be waterproof lacquered?

2. Do the primed cases have to be sealed and staked?

3. Do you have a drawing of the 64 gr FMJ bullet?

4. Is a 1st article sample submission going to be required?

Response:

1. No

2. No – they must be Military Specification

3. No

4. No – but USSS will conduct periodic quality testing

Question #4:

Since a 64 gr FMJ bullet does not exist, do we submit our own design?

Response:

Yes, submit your own design and it must be 64gr (+/-3), which makes it between 61gr and 67gr.

Question #5:

1. May we please request an extension of the question deadline until 4/18/19?

2. May we please request an extension of the closing date of the solicitation, as well as the deadline for product samples until 4/25/19?

Response:

The RFQ has been extended to Monday, April 15, 2019.

Question #6:

1. Will the USSS extend the solicitation due date by a minimum of 30 days to allow an adequate amount of time to load product, attempt to acquire the Knight’s Stoner SR16 referenced for testing in 4.1.1, test in accordance with the solicitation, and ship the samples?

2. Will the USSS remove the small business requirement? We are a large business and, as the actual manufacturer of the rounds to be offered, we believe working directly with the USSS is more advantageous to the Government. Additionally, in referencing the solicitation provision FAR 52.219-6 and in accordance with FAR 19.502-2, the expected the value of an awarded contract would exceed the simplified acquisition threshold for the stated quantities of up to 14M rounds over the base and three option years.

3. Please confirm distance for velocity and chamber pressure test method.

- M-SCATP (DTL13038145) requires 5.56mm Electronic Pressure Velocity and Action Time

(EPVAT) to be tested at 78 ft using M855 Reference ammunition.

- M855 maximum chamber pressure is 58,700psi when tested per M-SCATP.

- 3.6.1 The minimal nominal mean velocity at 15 feet from the muzzle shall be 2950 +/- 100 feet per second. Three (3) strings of ten (10) shots will be fired utilizing a 20 inch 5.56x45mm NATO specification (1:7 twist) test barrel mounted in a Universal Receiver, and an Oehler System 85 Ballistic Instrument and Model 57 Ballistic Screens. The cartridge being tested shall be handled in accordance with American National Standards Institute

(ANSI)/SAAMIZ299.4.

- 3.7.1 The maximum mean chamber pressure (at 70 degrees) shall be in accordance with Stream Control Transmission Protocol (SCATP) protocols for 5.56x45mm ammunition utilizing a 20 inch 5.56x45mm NATO specification (1:7 twist) test barrel. The cartridge shall be handled in accordance with ANSI/SAAMI Z299.4.

4. 4.1 FUNCTION TEST - 4.1.1 Cartridges shall be function tested in a government Knight’s Stoner SR16 with an 11.5” barrel, utilizing the Magazine Puller “Magpul PMAG” 30 AR/M4, 5.56x45 Magazine with window (NSN 1005-01-615-5169). We currently do not have this weapon to function test for the RFP. Can we use a surrogate or can the solicitation be extended to allow an opportunity for one to be purchased for testing? If awarded a contract, will the USSS be willing to supply the referenced gun as GFE?

5. Will the USSS accept a slightly larger sample size than the two hundred fifty (250) rounds required under the Delivery Submission of Samples? Our standard packaging configuration for stripper clipped product (required under 3.4.4 Workmanship) is in increments of 30 rounds. Thus, we would like to submit a total of two hundred seventy rounds (270).

Response:

1. The USSS has extended the Solicitation until April 15, 2019.

2. The USSS will maintain the requirement as a Small Business Set-Aside.

3. The screen placement for the 15-foot instrumental measurement will be at 5 feet and 20 feet from the muzzle of the test barrel.

4. The USSS will not provide a Knight’s Armament SR16 to any interested ammunition manufacturer for the purpose of testing. Interested manufacturers needing this item can contact Knight’s Armament directly, referencing Solicitation #70US0919Q70090030, and purchase the needed 11.5” barreled upper receiver group. Knight’s Armament has agreed to make these upper assembly groups available through the closing date of this solicitation, which is currently April 15, 2019. Once the contract is awarded, the USSS would be willing to supply the referenced gun as GFE.

5. Yes, the USSS will accept a sample size larger than 250 rounds. Two hundred and Fifty

(250) rounds is the minimum number needed for testing.

Question #7:

In reference to this solicitation, will the requirement take an equal to the 5.56?

Response:

No – they must submit a 5.56mm cartridge that meets the specifications outlined in the solicitation.

Question #8:

1. We would like to respectfully request a 2 week extension from the current due date.

2. Ref page 2 Section 3.3.2 HEADSTAMP – “Is the presence of a NATO mark acceptable assuming the manufacturer ID and year of manufacture are also included on the headstamp?”

3. Ref pages 2-3 Section 3.3.5 PROPELLANT/PRIMER - “Would the USSS not define newly manufactured as within 12 months? The bulk purchasing of powder and varying market conditions do not always dictate that propellant is consumed within 12 months of manufacture.

4. Ref page 3 Section 3.4.2 OVERALL LENGTH – “Can the overall length specification be modified from 2.235” – 2.260” to 2.160 – 2.260” in an attempt to make more available products eligible? If not, the 0.025” window is narrow compared to other Military and Law Enforcement products and could potentially cost more to the USSS.

5. Ref page 3 Section 3.4.4 WORKMANSHIP – Must the 250 round bid samples be affixed to metal stripper clips? Can this requirement be waived for the bid only, assuming the awarded product will comply?

6. Ref page 3 Section 3.5 BULLET –

a. The bullet shall be a copper jacketed bullet with a lead core “Does this requirement exclude

62grain M855 bullets that contain a steel core?

b. The bullet weight shall be 64 grains +/- 3.0 grains. “Does this mean that a bullet of nominal weight between 61 -67 grains is eligible? If so, for example could a nominal 61 grain bullet still vary by 2.0 grains per lot (60-62grains)?”

7. Ref page 3 Section 3.6.1 VELOCITY – The cartridge being tested shall be handled in accordance with ANSI/SAAMIZ299.4 ”SAAMI does not recognize 5.56mm. What is meant by this statement?”

8. Ref page 4 Section 3.7.1 CHAMBER PRESSURE –

a. The maximum mean chamber pressure (at 70 degrees) shall be in accordance with Stream

Control Transmission Protocol (SCATP) protocols for 5.56x45mm ammunition utilizing a 20 inch 5.56x45mm NATO specificaition (1:7 twist) test barrel. – SCATP (Small Caliber Ammunition Test Protocol) only defines test methods and not specifications to which pressure is held. What is the maximum allowable mean chamber pressure?

b. The cartridge being tested shall be handled in accordance with ANSI/SAAMIZ299.4 ”SAAMI does not recognize 5.56mm. What is meant by this statement?”

9. Ref page 4 Section 3.8.1 ACCURACY –

a. Is accuracy tested from a Universal Receiver and not traditional accuracy barrels and trigger actions?

b. The cartridge being tested shall be handled in accordance with ANSI/SAAMIZ299.4

”SAAMI does not recognize 5.56mm. What is meant by this statement?”

10. Ref page 5 Section 4.3 LOT IDENTIFICATION – Only one type and weight of propellant shall be used in a lot of cartridges “Does this statement mean that any slight adjustment or return to the initial start-up weight should constitute a new cartridge lot? Cartridge lots may consist of hundreds of thousands of rounds, and in time loading machines may drift powder weights or powder weights may need to be slightly adjusted to control velocity and pressure so that requirements are met. There is no issue with having individual propellant lots constitute individual cartridge lots.

1. The deadline is extended to April 15, 2019.

2. Yes, the presence of a NATO mark is acceptable if the manufacturer’s ID and year of manufacture is present.

3. The propellant should not be stored at the manufacturer’s facility for more than twelve (12) months before being used in the production of ammunition intended for sale to the U.S.

Secret Service.

4. Yes, the overall length specification is modified to be between 2.160 inches and 2.260 inches. The cartridge overall length shall still not exceed 2.260 inches.

5. The two hundred fifty (250) samples do not need to be affixed to metal striper clips. This requirement is waived for the submission of samples.

6. (a) The bullets must be lead core. Steel core bullets are excluded from this solicitation.

(b) Yes, a bullet of nominal weight between 61 and 67 grains is eligible and yes, given the example of a 61-grain bullet, individual bullet weight can vary between 60 and 62 grains.

7. This statement refers to the Handling of Ammunition section in SAAMI Z299.4-

2015. Please reference Section 2 – Procedures Centerfire Rifle, Velocity and Pressure Testing; Subsection IV – Handling of Ammunition; Items A-G.

8. (a) Correction to the acronym SCATP, Small Caliber Ammunition Test Protocol not Stream

Control Transmission Protocol. The maximum allowable mean chamber pressure shall be 62,366 pounds per square inch (psi), measured using the NATO Electronic Pressure Velocity and Action Time (EPVAT) test protocol.

(b) This statement refers to the Handling of Ammunition section in SAAMI Z299.4-

9. (a) Accuracy is tested from a Universal Receiver.

(b) This statement refers to the Handling of Ammunition section in SAAMI Z299.4-

10. Nominal changes in propellant weight does not constitute the need for a change in cartridge lot.

Question #9:

1. How will the ammo be packed in regards to the awardee and future shipments?

2. Does the sample ammo we send before April 5, 2019 have to be from the same lot# for future ammo sent?

3. What documents are to be sent with the sample ammo?

4. Is shipping included in our bids or will the government have the ability to pay for shipping?

And if so what is their maximum amount.

Response:

1. The manufacturer can package the ammo in the container and quantity of their choosing, as long as the cartridges are affixed to stripper clips, 10 rounds each.

2. The samples do not have to be from the same lot number as future ammunition deliveries.

3. The Material Safety Data Sheets must be included with their submission.

4. Shipping should be included in your bid.

Question #10:

CALIBER

“The caliber shall be 5.56 mm NATO standard”

1. Does the ammunition need to be NATO or SAAMI specs?

CASE

“Case mouth shall be securely crimped”

2. Does this have to be collet crimp or taper crimp

RESIDUAL STRESS

3. Can we offer the Ammonia Vapor test instead of the 1% mercurous nitrate residual stress test? This test an acceptable test that has been accepted by NATO.

WORKMANSHIP

“Completed cartridges shall be affixed to metal stripper clips”

4. Is it possible to have the ammunition be packaged in another way?

Velocity

5. Can the Oehler 85 System be substituted with the Oehler System 83, as the systems are virtually the same?

CHAMBER PRESSURE

3.7.1 “20 inch 5.56x45mm NATO specification 1:7 twist. The cartridge shall be handled in accordance with ANSI/SAAMI Z299.4” SAAMI standard is a 223 Remington test barrel 24” with 1:12 twist. We do have a 5.56x45 mm 20-inch 1:7 twist barrel with conformal and case mouth pressure ports. So we can measure pressure with specified barrel.

6. We need clarification on which pressure measurement required. Case Mouth (NATO) or Conformal Transducer (SAAMI) each will give a different measurement.

ACCURACY

3.8.1 Ammunition must be accuracy tested at 100 yards with test barrel mounted in a universal receiver.

7. Are we required to perform and document this test? Or is this informing the contractor that the test will be performed during evaluation?

1. The cartridge shall conform to North Atlantic Treaty Organization (NATO) standards.

2. The collet crimp or taper crimp both meet the specification.

3. Yes, you can use the Ammonia Vapor test.

4. No, cartridges must be affixed to stripper clips.

5. Yes, you can use the Oehler 85 system.

6. The case mouth (NATO) pressure utilizing NATO Electronic Pressure Velocity and Action

Time (EPVAT) test procedures.

7. The manufacturer does not have to perform and document this test. These procedures will be utilized by the U.S. Secret Service to test the accuracy of the submitted cartridges.

Question #11:

Is imported ammunition acceptable? It will meet all requirements. Potential supplier countries:

Serbia, Lithuania or Switzerland. All ammunition would be provided from one manufacturer.

Response:

The USSS will not purchase any ammunition from a foreign manufacturer; The Buy American FAR 52.225 is a Provision of this solicitation

Provisions and Clauses The following Provisions and Clauses are incorporated by reference:

52.203-3, Gratuities (Apr 1984)

52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

52.204-7, System for Award Management (Oct 2018)

52.204-13, System for Award Management Maintenance (Oct 2018)

52.209-2, Prohibition on Contracting With Inverted Domestic Corporations-Representation (Nov 2015)

52.212-1, Instructions to Offerors – Commercial Items (Deviation 2018-O0018) (Oct 2018)

52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.252-5, Authorized Deviations in Provisions (Apr 1984)

The following Provisions and Clauses are incorporated by full text:

52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

52.212-2, Evaluation – Commercial Items (Oct 2014)

52.212-3, Offeror Representations and Certifications – Commercial Items (Oct 2018)

52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017)

52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Items (Jan 2018)

52.216-18, Ordering (Oct 1995)

52.216-19, Order Limitations (Oct 1995)

52.216-22, Indefinite Quantity (Oct 1995) 52.217-7, Option for Increased Quantity – Separately Priced Line Item (Mar 1989)

52.217-9, Option to Extend the Term of the Contract (Mar 2000)

52.225-6, Trade Agreements Certificate (May 2014)

52.233-3, Protest after Award (Aug 1996)

52.242-13, Bankruptcy, (Jul 1995)

52.246-11, Higher-Level Contract Quality Requirement (Dec 2014)

52.246-16, Responsibility for Supplies (Apr 1984)

52.247-34, F.o.b. Destination (Nov 1991)

52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

52.252-2, Clauses Incorporated by Reference (Feb 1998)

52.252-6, Authorized Deviations in Clauses (Apr 1984)

52.246-2, Inspection of Supplies, Fixed-Price (Aug 1996)

HSAR

3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sept.

2012)

USSS 3052.204-90, Unauthorized Use of the U.S. Secret Service Name

USSS 3052.1107-70, Electronic Submission of Payment Requests

52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.

4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.212-2, Evaluation – Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

• Technical Factor (Testing)

• Past Performance

• Price

Evaluations factors are listed in order of importance. All evaluation factors other than cost or price, when combined, 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 (Oct 2018)

(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—

(6) 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

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

http://www.sam.gov/

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

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

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

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

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

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

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

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225- 1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American— Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

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

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

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

(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards.

(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003- 4(c)(1). The offeror [_] does [_] does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (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.

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that—

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

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

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

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

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract…