SOLICITATION_AG-3JL0-S-16-0008.pd.pdf

AG-3JLO-S-16-0008 FAR FAC 88B

REQUEST FOR QUOTE (RFQ)

INDEFINITE DELIVERY INDEFINITE

QUANTITY CONTRACT (IDIQ)

Request For Quote Number AG-3JL0-S-16-0008

HIGH PRESSURE SPECIALTY LAB GASES

AND LIQUID NITROGEN

In support of:

Eastern Regional Reseach Center in Wyndmoor, PA

Conducted under FAR Subpart 12.6

July 26,2016 ag-3jlo-s-16-0008 far fac 88b purchase order terms & conditions for

Commercial Items

GENERAL DESCRIPTION

THIS REQUEST FOR QUOTATION (RFQ) SHALL BE ISSUED, AND THEN AWARDED TO A

CONTRACTOR, TO ESTABLISH BPA ARRANGEMENTS FOR ORDERING AND DELIVERING LAB

GASES AND LIQUID NITROGEN. THE SUPPLIES SHALL BE PROVIDED IN ACCORDANCE WITH

ALL SECTIONS OF THIS SOLICITATION

Offerors shall furnish the information required by this solicitation.

• A Standard Form (SF) 1449 "Solicitation/Contract/Order for Commercial Items" completed and signed by the Offeror constitutes the Offeror's acceptance of the terms and conditions of the proposed contract. Therefore, the form must be executed by a representative of the offeror authorized to commit the offeror to contractual obligations.

• Completed Schedule b

• a complete copy of representations and certifications at far 52.212-3 (see far 52.212- 3(b) for those representations and certifications that the offeror shall complete electronically).

• Technical Information to show that the supplies offered meet and are in compliance with the technical specifications/descriptions in attachment 1.

• Past Performance demonstrating timely and complete delivery of orders (3 relevant and recent references).

Offerors are expected to examine this entire solicitation document including the Contract.

Failure to do so will be at the Offeror's own risk.

rejection of quotation: failure to demonstrate compliance will be cause to reject the quote without further discussions. all responsible sources may submit an offer which will be considered.

Clauses/Provisions Incorporated by Reference: This order incorporates one or more clauses by reference, with the same force and effect as if they were given in full text, upon request, the contracting officer will make their full text available. also, the full text of a clause may be accessed electronically at the following address:

https://www.acquisitiqn.gov/far.

52.204-7 System for Award Management (Jul 2013) 52.204-13 System for System for Award Management Maintenance (July 2013) 52.204-16 Commercial and Government Entity Code Reporting (July 2015) 52.204-18 Commercial and Government Entity Code Maintenance (July 2015) 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations

Representation (Nov 2015) 52.212-1 Instructions to Offerors Commercial Items (Oct 2015)

52.21 2-4.Contract Terms and Conditions—Commercial Items (May 2015) 52.223-1 Bio-based Product Certification (MAY2012).

ag-3jl0-s-16-0008 far fac 88b

52.223-2 Affirmative Procurement of Bio-based Products Under Service and

Construction Contracts (September 2013).

52.232-39 unenforceability of unauthorized obligations (june 2013) 52.232-40 providing accelerated payments to small business subcontractors (dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

Clauses/Provisions In Full Text:

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Nov 2015)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, PROTEST AFTER AWARD (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-

77,108-78 (19 U.S.C. 3805 NOTE)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), WITH ALTERNATE I (OCT1995) (41 U.S.C. 4704 AND 10 U.S.C. 2402).

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

3509).

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

_xx_ (4) 52.204-10, reporting executive compensation and flrst-tler subcontract

AWARDS (OCT 2015) (PUB. L 109-282) (31 U.S.C. 6101 NOTE).

(5) [Reserved] _XX_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111- 117, section 743 of Div. C).

_XX_(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L 111-117, section 743 of Div. C).

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

6101 NOTE).

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

(10) [Reserved]

AG-3JL0-S-16-0008 FAR FAC 88B

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate IN ITS OFFER)(15 U.S.C. 657a).

(II) ALTERNATE I(JAN 2011) OF 52.219-4.

(13) [Reserved]

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

(ii) Alternate I (Nov 2011).

(in) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

(n)Alternate I (Oct 1995) of 52.219-7.

(in) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Oct 2001) of 52.219-9.

(in) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (Oct2015) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(R)).

(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(D)(4)(F)(l)).

_XX_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657F).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(A)(2)).

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program Dec 2015) (15 U.S.C. 637(m)).

_XX_ (25) 52.222-3, CONVICT LABOR (JUNE 2003) (E.0.11755).

(26) 52.222-19, CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (FEB 2016)

(E.0.13126).

_XX_ (27) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015).

_XX_ (28) 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.0.11246).

_XX_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_XX_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_XX_ (31) 52.222-37, Employment Reports on Veterans (Feb2016) (38 U.S.C. 4212).

_XX_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.0.13496).

_XX_ (33) (l) 52.222-50, Combating Trafficking IN Persons (Mar 2015) (22 U.S.C. chapter

78 AND E.0.13627).

AGOJLO-S-16-0008 FAR FAC 88B

(ii) Alternate I(Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.0.13627).

_XX_(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. 0.12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, estimate of percentage of recovered material content for epa-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(n)). (Not applicable to the acquisition OF COMMERCIALLY AVAILABLE off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the

ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.)

(36) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O.S 13423 AND 13514

(n)Alternate I (Oct 2015) of 52.223-13.

(37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s

13423 AND 13514).

(n)Alternate I (Jun 2014) of 52.223-14.

(38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

(39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products

(OCT 2015) (E.O.S 13423 AND 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

_XX_ (40) 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

Driving (Aug 2011)(E.0.13513).

_XX_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(42) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83,19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 NOTE, Pub. L. 103-182,108-77,108-78,108-286,108-302,109-53,109-169,109-

283,110-138,112-41,112-42, AND 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(in) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(43) 52.225-5, TRADE AGREEMENTS (Feb 2016) (19 U.S.C. 2501, ETSEQ., 19 U.S.C. 3301

NOTE).

_XX_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the office of foreign assets control of the Department of the Treasury).

(45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(F)).

(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505,10 U.S.C. 2307(F)).

_XX_(50) 52.232-33, PaymentbyElectronic Funds Transfer— SystemforAward Management (Jul 2013) (31 U.S.C. 3332).

(51) 52.232-34, Payment byElectronic FundsTransfer—Other Than Systemfor Award Management(Jul 2013) (31 U.S.C. 3332).

_XX_ (52) 52.232-36, Payment by Third Party(May2014) (31 U.S.C. 3332).

(53) 52.239-1, PRIVACY OR SECURITY SAFEGUARDS (Aug 1996) (5 U.S.C. 552a).

(54) (I) 52.247-64, PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(ii)Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-17, NONDISPLACEMENT OF QUALIFIED WORKERS (MAY2014) (E.O. 13495)

_XX_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_XX_ (3) 52.222-42, STATEMENT OFEQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) (29

U.S.C. 206AND41 U.S.C. CHAPTER 67).

_XX_(4) 52.222-43, FAIR LABOR STANDARDS ACTAND SERVICE CONTRACT LABOR STANDARDS - Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-44, FAIR LABOR STANDARDS ACTAND SERVICE CONTRACT LABOR STANDARDS -

Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_XX_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in far Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If

THIS CONTRACT IS COMPLETELY OR PARTIALLY TERMINATED, THE RECORDS RELATING TO THE WORK TERMINATED SHALL BE MADE AVAILABLE FOR 3 YEARS AFTER ANY RESULTING FINAL TERMINATION

SETTLEMENT. RECORDS RELATING TO APPEALS UNDER THE DISPUTES CLAUSE OR TO LITIGATION OR

THE SETTLEMENT OF CLAIMS ARISING UNDER OR RELATING TO THIS CONTRACT SHALL BE MADE

AVAILABLE UNTIL SUCH APPEALS, LITIGATION, OR CLAIMSARE FINALLY RESOLVED.

(3) AS USED IN THIS CLAUSE, RECORDS INCLUDE BOOKS, DOCUMENTS, ACCOUNTING PROCEDURES AND PRACTICES, AND OTHERDATA, REGARDLESS OF TYPEAND REGARDLESS OF FORM. THIS DOES NOT REQUIRE THE CONTRACTOR TO CREATE OR MAINTAIN ANY RECORD THAT THE CONTRACTOR DOES NOT

MAINTAIN IN THE ORDINARY COURSE OF BUSINESS OR PURSUANT TO A PROVISION OF LAW.

(E)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the contractor is not required to flow down any far clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

3509).

(n) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), IN ALL SUBCONTRACTS THAT OFFER FURTHER SUBCONTRACTING OPPORTUNITIES. IF THE SUBCONTRACT (EXCEPT SUBCONTRACTS TO SMALL BUSINESS CONCERNS) EXCEEDS $700,000 ($1.5 MILLION FOR CONSTRUCTION OF ANY PUBLIC FACILITY), THE SUBCONTRACTOR MUST INCLUDE 52.219-8

IN LOWER TIER SUBCONTRACTS THAT OFFER SUBCONTRACTING OPPORTUNITIES.

(Ill) 52.222-17, NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) (E.O. 13495). FLOW DOWN

REQUIRED IN ACCORDANCE WITH PARAGRAPH (1) OF FAR CLAUSE 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(VII) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793).

(vin) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required inaccordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(XI) (A) 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78

AND E.O. 13627).

(B) Alternate I(Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xn) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67.)

(XIII) 52.222-53, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. 0.12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvn) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(XVIII) 52.247-64, PREFERENCE FOR PRIVATELY-OWNED U.S. FLAG COMMERCIAL VESSELS (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of far clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i). delete paragraph (d) from the BASIC CLAUSE, REDESIGNATE PARAGRAPH (E) ASPARAGRAPH (D), AND REVISE THEREFERENCETO "PARAGRAPHS (A), (B), (C), OR (D) OFTHIS CLAUSE" IN THE REDESIGNATED PARAGRAPH (D) TO READ

"PARAGRAPHS (A), (B), AND(C) OFTHIS CLAUSE".

Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(h), substitute the following

PARAGRAPHS (D)(1) AND(E)(1) FORPARAGRAPHS (D)(1) AND(E)(1) OFTHEBASIC CLAUSE AS

follows:

(D)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8g of the inspector general act of 1978 (5 u.s.c. app.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and

INVOLVE TRANSACTIONS RELATING TO, THIS CONTRACT; AND

(ii) Interview any officer or employee regarding such transactions.

(E)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(0 Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the inspector general under paragraph (d)(1)(h) does not flow down;

AND

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

3509).

(B)52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L 111-5).

(C)52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2)and (3)), inall subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(E)52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(F)52.222-35, EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) (38 U.S.C. 4212).

AG-3JL0-S-16-0008 FARFAC88B

(G) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C.

793).

(H) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required inaccordance with paragraph (f) of FAR

CLAUSE 52.222-40.

(I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(J) (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(K) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014)(41 U.S.C. chapter 67).

(L) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(M)52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E. 0.13658).

(O) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(P) 52.247-64, PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006) (46 U.S.C. Appx. 1241 (b) and 10 U.S.C. 2631). Flow down required in accordance with

PARAGRAPH (D) OF FAR CLAUSE 52.247-64.

452.211 -74 PERIOD OF PERFORMANCE (FEB 1988)

the period of performance of this contract is from october 1, 2016 through september 30, 2021. The Contract Contains a twelve month base period and options for four additional twelve month periods

• BASE PERIOD 10/01/2016-09/30/2017

• Option Period #1 10/01/2017-09/30/2018

• Option Period#2 10/01/2018-09/30/2019

• Option Period#3 10/01/2019-09/30/2020

• Option Period #4 10/01/2020-09/01/2021

FAR 52.216-18 ORDERING (OCT 1995)

(A) ANY SUPPLIES AND SERVICES TOBE FURNISHED UNDER THIS CONTRACT SHALL BE ORDERED BY ISSUANCE OF DELIVERY ORDERS OR TASK ORDERS BY THE INDIVIDUALS OR ACTIVITIES IDENTIFIED BY

LETTER BY THE CONTRACTING OFFICER. SUCH ORDERS MAY BE ISSUED FROM DATE OF AWARD OF THIS

CONTRACT THROUGH THE EXPIRATION DATE OF THE CONTRACT AND ANY OPTIONS.

(B) ALL DELIVERY ORDERS ORTASK ORDERS ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS CONTRACT. IN THE EVENT OF CONFLICT BETWEEN A DELIVERY ORDER OR TASK ORDER AND THIS

CONTRACT, THE CONTRACT SHALL CONTROL.

(C) IF MAILED, ADELIVERY ORDER OR TASK ORDER IS CONSIDERED "ISSUED" WHEN THE GOVERNMENT DEPOSITSTHE ORDER IN THE MAIL. ORDERS MAY BE ISSUED ORALLY, BY FACSIMILE, OR BY ELECTRONIC

COMMERCE METHODSONLYIF AUTHORIZED IN THE SCHEDULE.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25.00, the government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $5,000.00;

(2) Any order for a combination of items in excess of $25,000.00; or

(3) a series of orders from the same ordering office, within 30 days, that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

(c) if this is a requirements contract (i.e., includes the requirements clause at subsection 52.216-21 of the federal acquisition regulation (far)), the government is not required to order a part of any one requirement from the contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) notwithstanding paragraphs (b) and (c) of this section, the contractor shall honor any order exceeding the maximumorder limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(A) THIS IS AN INDEFINITE-QUANTITY contract for THE SUPPLIES OR SERVICES SPECIFIED, and EFFECTIVE FOR THE PERIOD STATED, IN THE SCHEDULE. THEQUANTITIES OF SUPPLIES AND SERVICES SPECIFIED INTHE SCHEDULE ARE ESTIMATES ONLY AND ARE NOT PURCHASED BY THIS CONTRACT.

(B) DELIVERY ORPERFORMANCE SHALL BE MADE ONLY ASAUTHORIZED BY ORDERS ISSUED IN

ACCORDANCE WITH THE ORDERING CLAUSE. THE CONTRACTOR SHALL FURNISH TO THE GOVERNMENT, WHEN AND IF ORDERED, THE SUPPLIES ORSERVICES SPECIFIED IN THE SCHEDULE UP TOAND

INCLUDING THE QUANTITY DESIGNATED IN THESCHEDULE AS THE"MAXIMUM." THE GOVERNMENT

SHALL ORDER ATLEAST THE QUANTITY OF SUPPLIES OR SERVICES DESIGNATED IN THESCHEDULE AS

THE "MINIMUM."

(c) Except for any limitations on quantities inthe Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) any order issued during the effective period of this contract and not completed within that period shall be completed by the contractor within the time specified in the order. the contract shall govern the contractor's and government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the contractor shall not be required to make any deliveries under this contractafter one month after the completion of the contract and any options.

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of the annual demurrage fee, but not in excess of the amount on the schedule b.

52.217-8 - option to extend services (nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. these rates may be adjusted only as a result of revisions to prevailing labor rates provided by the secretary of labor. the option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. the contracting officer may exercise the option by written notice to the

Contractor within 60 days of the end of Option period Four.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within Performance Period above provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60_ days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) THEtotal duration of this contract, INCLUDING the exercise of any options under this

CLAUSE, SHALL NOT EXCEED _66 MONTHS_ (MONTHS)(YEARS).

• Bio-based Products: The Contractor must comply with the Agricultural Act of 2014;

the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, "Federal Leadership in Environmental, Energy and Economic Performance," dated October 5,2009; EO 13423, "Strengthening Federal Environmental, Energy, and Transportation Management," dated January 24,2007; and Presidential Memorandum, "Driving Innovation and Creating Jobs in Rural America through Bio-based and Sustainable

Product Procurement," dated February, 2012 to provide bio-based products.

o All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of bio-based and recycled products.

o The following is a list of CATEGORIES FOR bio-preferred products that are required for performance of this service contract.

• Equipment Lubricants,

• Hydraulic Fluids,

• Fuel Additives,

• Engine Oils,

• Office Products (Ink, paper, cleaning products)

For more information regarding the Department of Agriculture Bio-based Program goto: http://www.biopreferred.gov.

n

DELIVERY TICKETS

THE CONTRACTOR SHALL PROVIDE DELIVERY TICKETS/SALES SLIPS FOR EACH CALL. ALL ITEMS QUOTED MUST BE AT THE LOWEST DISCOUNTED PRICE AVAILABLE TO PREFERRED COMMERCIAL CUSTOMERS.

INVOICING:

(I) AN INVOICE SHALL BE SUBMITTED MONTHLY, VIA THE INVOICE PAYMENT PLATFORM (IPP) FOR ALL

SERVICES RENDERED DURING A BILLING PERIOD.

(II) INVOICES WILL BEHANDLED IN ACCORDANCE WITH THE PROMPT PAYMENT ACTAND FAR CLAUSE

52.232-25. CONTRACTORS SHALL ASSIGN AN IDENTIFICATION NUMBER TO EACH INVOICE.

INVOICE CONTENT

The Contractor shall prepare and submit invoices to the designated billing office specified in the contract.

(i) name and address of the contractor.

(II) Invoice date and invoice number.

(III) Contract or Call Number or other authorization (IV) Description of service, month of service

EXTENT OF OBLIGATION

This agreement will not obligate the Government to order, or the contractor to furnish any articles in any quantity except to the extent that may be agreed upon in connection with individual transactions. quantities listed in the schedule b, are estimated quantities based on past usage and forecasting for the upcoming years, they are not guaranteed quantities. this IDIQ IS NOT AN Order, but orders placed against it become contractual UPON acceptance BY THE contractor.

Authorized Users:

Any authorized USDA Contracting Officer, Purchasing Agent or purchase card holder may UTILIZE THIS IDIQ WITHINTHEIR ORDERING LIMITATION FOR THE EXPRESS PURPOSE OF PROCURING Specialty Lab Gases and liquid nitrogen at the WYNDMOOR, pa location.

Ordering:

Items will be ordered orally and confirmed by issuance of a monthly delivery order. Orders shall be placed by the government or the government's designated representative on the business day prior to a scheduled weekly delivery.

Delivery:

All delivery and pickup of any item ordered under this contract IS THE RESPONSIBILITY OF THE

CONTRACTOR; ALL PRICES ARE F.O.B. DESTINATION. GASCYLINDERS SHALL BE DELIVERED TO AND PICKED UP FROM THE RECEIVING AREA OF ERRC AND REMOVED FROM AND LOADED ON THE TRUCK BYTHE

SUPPLIER.

EXPEDITED DELIVERY:

due to the critical nature of the work which this supports, delivery for clin 003 and 0013 shall be within one business day of receipt of oral order. this may not coincide with "normal" delivery dates and takes place roughly twice per year.

Safety & Maintenance:

• Maintenance of the gas cylinders is the responsibility of the supplier and shall meet the Compressed Gas Association protocols.

• All cylinders must be in a clean and safe condition.

• Gas cylinders shall be clearly labeled as to their content.

• The Contractor shall provide a copy of the certificate of analysis and material safety data sheet prior to gas delivery and any time a new gas is supplied or safety data changes to the contracting officer.

• Contractor shall provide emergency service and response 24 hour/day, seven days/week for product storage and maintenance issues

• if required, emergency deliveries shall occur within 4 hours of notice given by Government

Historical Usage:

the attached information is provided solely as a matter of historical information. award SHALL BE BASED UPON THE INFORMATION INCLUDED INTHE SECTION B. ACTUAL QUANTITIES DELIVERED MAY

VARY.

transitional performance:

vendor shall coordinate the smooth and efficient transition from the existing supplier. an existing inventory shall be taken and all tanks returned, exchanged and/or replaced. errc has determined that it will allow its personnel 45 days to complete the transition to the new supplier.

Flat Annual Demurrage:

The Contractor shall charge a flat annual demurrage fee for all cylinders supplied in this contract. This amount will be divided into twelve equal payments and shall be submitted with the monthly invoice.

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

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:

Pass/Fail Elements:

Technical Evaluation: This factor will; evaluate whether the offeror's specification meets or exceeds the minimum specification outlined in the statement of work.

AG-3JLO-S-16-0008FARFAC88B

PastPerformance:ThisfactorwillreviewtheOfferor'spastperformancebasedon informationprovidedintheOfferor'squote.Offerorsshallprovidethree(3)recent customerreferenceswithinthepastthreeyearsinwhichtheofferordemonstrated theirabilitytoprovidelikeorsimilarservicestoothergovernmententitiesorthe privatesector.eachreferenceshallidentifythefollowing:(1)nameandaddressof customer,(2)Titleandtelephonenumber,(3)Contract/Purchaseordernumber(s),(4) descriptionofservice,(5)periodofperformanceand(6)contractvalue.

Price:Pricereasonablenessisamatterofthecompetitivenessoftheofferorquote, consideringthepriceandmeritsofthetechnicalproposal.priceswillbeevaluated basedupontheunitpricequotedforeachpricinggroup.thegovernmentwillevaluate quotesforawardpurposesbyaddingallunitpricesforatotalpriceforthebasic requirement.

Technicalandpastperformance,whencombined,areSlightlymoreimportantthan price

(b)Options.TheGovernmentwillevaluateoffersforawardpurposesbyaddingthe totalpriceforalloptionstothetotalpriceforthebasicrequirement.the

Governmentmaydeterminethatanofferisunacceptableiftheoptionpricesare significantlyunbalanced.evaluationofoptionsshallnotobligatethegovernmentto exercisetheoption(s).

(c)awrittennoticeofawardoracceptanceofanoffer,mailedorotherwisefurnished tothesuccessfulofferorwithinthetimeforacceptancespecifiedintheoffer,shall resultinabindingcontractwithoutfurtheractionbyeitherparty.beforetheoffer's specifiedexpirationtime,thegovernmentmayacceptanoffer(orpartofanoffer), whetherornottherearenegotiationsafteritsreceipt,unlessawrittennoticeof withdrawalisreceivedbeforeaward.

TheGovernmentmaymakeawardbasedoninitialquotesreceived,withoutdiscussionofsuch quotes.Quotesshallsetforthfull,accurate,andcompleteinformationasrequiredbythis solicitationpackage(includingAttachments).Thepenaltyformakingfalsestatementsin quotesisprescribedin18U.S.C.1001.

52.212-3 - Offeror Representations and Certifications - Commercial Items (APR 2016)

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

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

(a) Definitions. As used in this provision-economically DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB) CONCERN" MEANS A SMALL business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the united states and who are economically disadvantaged in accordance with 13 cfr part 127. it automatically qualifies as a women-owned small business eligible under the wosb program.

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

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

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

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 u.s.c. 395(b), applied in accordance with the rules and definitions of 6 u.s.c. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-

9999, EXCEPT—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

"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-

(1) 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)(l)and (ll) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern— ag-3jlo-s-16-0008 far fac 88b

(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 ASMALL BUSINESS CONCERN THAT ISAT LEAST 51 PERCENT DIRECTLYAND UNCONDITIONALLY OWNED BY, AND THE MANAGEMENTAND DAILY BUSINESS OPERATIONS OF

WHICH ARECONTROLLED BY, ONE OR MORE WOMEN WHOARE 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 posted on the samwebsite.

(2) the offeror has completed the annual representations and certifications electronically via the sam website accessed through https^/www.acquisition.gov. after reviewing the sam database information, the offeror verifies by submission of this offer that the representation 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), as of the date of this offer and are incorporated in this offer by reference (see far 4.1201), EXCIptIfOR PARAgIAPHS •£QFFERQR TQ iDENTIFy THE APPLICABLE PARAGRAPHS AT(C) THROUGH (P) 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 COMPLETEAS OF THEDATE OF THIS OFFER. ANYchanges provided by the offerorare 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 [J is, U is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] the offeror represents as part of its offer that it [j 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 [j is, [j 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 u is, [j 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 u is, [j 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 U IS, [J IS NOT AWOSB CONCERN ELIGIBLE UNDER THE WOSB PROGRAM, HAS PROVIDED ALL THE REQUIRED DOCUMENTS TO THEWOSB REPOSITORY, AND NO CHANGE IN CIRCUMSTANCES OR ADVERSE

DECISIONS HAVE BEEN ISSUED THAT AFFECTS ITS ELIGIBILITY; AND

(II) IT [J IS, (J IS NOT AJOINT VENTURE THAT COMPLIES WITH THE REQUIREMENTS OF 13 CFR PART 127, AND THE REPRESENTATION IN PARAGRAPH (C)(6)(l) OF THIS PROVISION IS ACCURATE FOR EACH WOSB CONCERN ELIGIBLE UNDER THE WOSB PROGRAM PARTICIPATING IN THE JOINT VENTURE. [THEOFFEROR 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) OFTHIS PROVISION.] THE OFFEROR REPRESENTS THAT—

(I) IT[J is, U 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 [J IS, [J IS NOT AJOINT VENTURE THAT COMPLIES WITH THE REQUIREMENTS OF13 CFR PART 127, AND THE REPRESENTATION IN PARAGRAPH (C)(7)(l) OF THIS PROVISION IS ACCURATE FOR EACH EDWOSB CONCERN PARTICIPATING IN THE JOINT VENTURE. [THE OFFEROR SHALL ENTER THE NAME OR NAMES OFTHE EDWOSB CONCERN AND OTHER SMALL BUSINESSES THAT ARE PARTICIPATING IN THE JOINT VENTURE:

.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the edwosb representation.

(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 [j 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 IFTHE OFFEROR REPRESENTED ITSELF ASA SMALL BUSINESS CONCERN IN PARAGRAPH (C)(1) OFTHIS PROVISION.] THEOFFEROR REPRESENTS, AS PART

OF ITS OFFER, THAT--

(i) It [J is, [J 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 [J is, U is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(l) 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 --

(1) It U has, [J HAS NOT, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [J has, U has not, filed all required compliance reports.

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

(i) It [J has developed and has on file, [J 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 U has not previously had contracts…