RFQ_AG-6424-Q-11-0001_14sep11.pdf
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- 1 ATV AND 4 UTVs FOR USDA NRCS MISSOURI INCLUDING REMOVAL OF 3 OLD ASSETS NO LONGER SERVING A USEFUL PURPOSE
- Solicitation number
- AG-6424-Q-11-0001
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RFQ Document for AG-6424-Q-11-0001 (ATVs UTVs for USDA NRCS MO)
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REQUEST FOR QUOTE NUMBER: AG-6424-Q-11-0001
SF 1449 ADDENDUM/CONTINUATION SHEET……
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
ALL TERRAIN VEHICLE (ATV), HONDA
Item No.
TYPE: Firm Fixed Price
Quantity U/I Unit Price Amount
1 EA $6,214.05 $124,281.00
CLIN ACRN ACRN Total
0001 AA (01T29) $To Be Determined
NOUN: HONDA FOURTRAX RANCHER, 2011-2012, MODEL ID # TRX420TM
DESCRIPTION: The Contractor shall deliver one (1) Honda Fourtrax Rancher ATV (Color Red, Year 2011 or 2012, Model ID
#TRX420TM) to the USDA NRCS MO Hermitage office. Goods delivered by the Contractor under CLIN 0001 shall consist of new manufactured material or previously unused material only. The Contractor’s price for CLIN 0001 above includes shipping, handling, processing, misc fees, trade-in, etc. CLIN 0001 does not have a designated trade-in. Payment terms: Net 30. F.O.B.:
Destination. **CLIN 0001 consists of a BRAND NAME OR EQUAL item pursuant to AGAR 452.211-70 (Brand Name or
Equal) and AGAR 452.211-71 (Equal Products Offered).** Salient Characteristics (Minimum Technical Requirements) for CLIN
0001 are detailed at Section C. See Sections I and L for additional information.
Purchase Request(s) PR Line Item(s)
AD-700 #11405 01a
Limitations of Liability: Other Than High Value Item
Inspection: Destination
Acceptance: Destination
Quality Assurance: IAW Commercial Standards/GSA Schedule Terms, Conditions, Standards, etc.
Type / Ship To
Quantity (U/I)
On or Before Req No / Pri
Required
Delivery
(A) USDA NRCS MO
Hermitage, MO 65775
1 EA 45 days ARO To Be Determined
UTILITY TERRAIN VEHICLES (UTVs), KAWASAKI
2 EA $9,757.15 $146,357.25
0002 AA (01T29) $To Be Determined
NOUN: KAWASAKI TERYX, 2011-2012, MODEL NAME 750 FI 4x4 (w/ TRADE-INS)
UTILITY TERRAIN VEHICLES (UTVs), KAWASAKI
DESCRIPTION: The Contractor shall deliver two (2) Kawasaki Teryx 750 FI 4x4 UTVs (Color Sunbeam Red, Year 2011 or
2012) to the USDA NRCS MO Lamar office and the USDA NRCS MO Keytesville office. Goods delivered by the Contractor under CLIN 0002 shall consist of new manufactured material or previously unused material only. The Contractor’s price for
CLIN 0002 above includes shipping, handling, processing, misc fees, trade-in, etc. CLIN 0002 contains two (2) trade-ins which no longer serve a useful purpose as detailed at Section D. Payment terms: Net 30. F.O.B.: Destination. **CLIN 0002 consists of a BRAND NAME OR EQUAL item pursuant to AGAR 452.211-70 (Brand Name or Equal) and AGAR 452.211-71 (Equal
Products Offered).** Salient Characteristics (Minimum Technical Requirements) for CLIN 0002 are detailed at Section C. See
Sections I and L for additional information.
Purchase Request(s) PR Line Item(s)
AD-700 #s 11405, 11396 02a, 1
Limitations of Liability: Other Than High Value Item
Inspection: Destination
On or Before
Req No / Pri
(B) USDA NRCS MO
Lamar, MO 64759
(C) USDA NRCS MO
Keytesville, MO 65261
1 EA
45 days ARO
To Be Determined
UTILITY TERRAIN VEHICLES (UTVs), POLARIS
2 EA $9,500.00 $9,500.00
000301 (Paris, MO-E)
000302 (Dexter MLRA-D)
AA (01T29)
AB (02T29)
$To Be Determined
NOUN: POLARIS RANGER, 2011-2012, MODEL NAME 500 EFI (w/ TRADE-IN) DESCRIPTION: The Contractor shall deliver two (2) Polaris Rancher 500 EFI UTVs (Color Solar Red, Year 2011 or 2012) to the USDA NRCS MO Dexter MLRA office and the USDA NRCS MO Paris office. Goods delivered by the Contractor under
CLIN 0003 shall consist of new manufactured material or previously unused material only. The Contractor’s price for CLIN 0003 above includes shipping, handling, processing, misc fees, trade-in, etc. CLIN 0003 contains one (1) trade-in which no longer serves a useful purpose as detailed at Section D. Payment terms: Net 30. F.O.B.: Destination. Sub Line Item Number 000301 is for the Paris, MO UTV. Sub Line Item Number 000302 is for the Dexter, MO MLRA UTV. **CLIN 0003 consists of a BRAND
NAME OR EQUAL item pursuant to AGAR 452.211-70 (Brand Name or Equal) and AGAR 452.211-71 (Equal Products
Offered).** Salient Characteristics (Minimum Technical Requirements) for CLIN 0003 are detailed at Section C. See Sections I and L for additional information.
Purchase Request(s) PR Line Item(s)
AD-700 #s 11297, 11402 1, 1
Limitations of Liability: Other Than High Value Item
Inspection: Destination
On or Before
Req No / Pri
UTILITY TERRAIN VEHICLES (UTVs), POLARIS
(D) USDA NRCS
MO/MLRA
Dexter, MO 63841
(E) USDA NRCS MO
Paris, MO 65275
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
(1) The Minimum Technical Requirements or Salient Characteristics for CLIN 0001 are as follows:
Engine Type: 420cc liquid-cooled fuel injected OHV wet-sump longitudinally mounted single-cylinder four-stroke Bore and Stroke: 86.5mm x 71.5mm Induction: Maximum performance 34mm throttle-body fuel-injection system Starter: Electric with optional auxiliary recoil Clutch: Automatic Transmission: Five-speed with Reverse Driveline: Direct rear driveshaft Suspension, Front: Independent double-wishbone, 6.3 inches travel Suspension, Rear: Swingarm with single shock, 6.3 inches travel Brake, Front: Dual hydraulic disc Brake, Rear: Sealed mechanical drum Tire, Front: 24 x 8-12 Tire, Rear: 24 x 10-11 Length: 80.9 inches Width: 46.1 inches Height: 45.1 inches Wheelbase: 49.2 inches Seat Height: 32.4 inches Ground Clearance: 6.5 inches Curb Weight: 547 pounds; inclusive of full fuel tank, all necessary fluids and standard equipment Fuel Capacity: 3.5 gallons with 1.0 gallon reserve tank Turning Radius: 8.9 feet Emissions: Must meet current California Air Resources Board (CARB) and EPA off-road emissions standards Color: Red Condition: New or previously unused Warranty: Standard commercial, no extended warranty or service plan required Year: 2012, preferred as first choice; 2011, as second choice Other Standard Equipment: 4x4 capable, High-quality/high-performance headlights, digital/electronic instrumentation panel, turn signals, speedometer, cushioned seat, fuel gage, mileage gauge, temperature gauge (water and oil), parking brake, tail lights, brake lights, horn, drive/gear indicator gauge, and all applicable cables/lines
(2) The Minimum Technical Requirements or Salient Characteristics for CLIN 0002 are as follows:
Engine: Liquid-cooled, 90-degree, four-stroke V-twin Valve System: SOHC, four valves per cylinder Displacement: 749cc Starting System: Electric Bore x stroke: 85 x 66mm Compression Ratio: 8.8:1 Fuel System: 2 x Maximum performance 34 mm throttle bodies (i.e. Mikuni, etc.)
Ignition: Digital DC-CDI Transmission: Continuously variable belt-drive transmission with high and low range, plus reverse, and Maximum performance Engine Brake Control (i.e. Kawasaki standards, etc.)
Final Drive: Selectable four-wheel drive with Variable Front Differential Control, shaft Frame Type: Large diameter, thin-walled, high-tensile tubular steel Front Suspension / Wheel Travel: Dual A-arm with gas charged shocks with preload adjustment / 7.5 in.
Rear Suspension / Wheel Travel: Independent Rear Suspension (IRS) with gas charged, reservoir shocks with preload adjustment / 7.5 in.
Front Tire Size: Maxxis 26x8-12 Rear Tire Size: Maxxis 26x10-12 Front Brakes: Dual hydraulic discs with 2-piston calipers Rear Brakes: Sealed, oil-bathed, multi-disc Length: 116.3 inches Width: 58.5 inches Height: 75.8 inches Wheelbase: 76.0 inches Ground Clearance: 11.6 inches Lighting, Headlights: 2 x 35W headlights Lighting, Taillights: 2 x 8W taillights with 27W stoplight Cargo Bed Capacity: 500 pounds and/or 44.2‖ W x 32.7― L x 11.1‖ H Towing Capacity: 1,300 pounds Curb Weight: 1,402 pounds Fuel capacity: 7.4 gallons Emissions: Must meet current applicable emissions standards, EPA and other as applicable Color: Red Condition: New or previously unused Warranty: Standard commercial, no extended warranty or service plan required Year: 2012, preferred as first choice; 2011, as second choice Other Standard Equipment: 4x4 capable, Mounted clear windshield (Full, Full/Split), Tilting cargo bed, digital/electronic instrumentation panel, turn signals, speedometer, cushioned seat for at least 2 passengers, fuel gage, mileage gauge, temperature gauge (water and oil), parking brake, tail lights, brake lights, horn, drive/gear indicator gauge, sport suspension, and all applicable cables/lines
(3) The Minimum Technical Requirements or Salient Characteristics for CLIN 0003 are as follows:
Engine Type: 4-Stroke Single Cylinder Displacement: 498cc Fuel System: Electronic Fuel Injection Cooling System: Liquid Transmission/Final Drive: Automatic PVT H/L/N/R/P; Shaft Drive System: On-Demand True AWD/2WD/ VersaTrac Turf Mode (i.e high performance, off-road, etc.)
Suspension, Front: MacPherson Strut 8" (20.3 cm) Travel Suspension, Rear: Dual A-Arm, IRS 9" (22.9 cm) Travel Brakes, Front and Rear: 4-Wheel Hydraulic Disc Brake, Parking: Park In-Transmission Tires, Front: Model 25 x 8-12; 489 Tires, Rear: Model 25 x 11-12; 489 Wheels: Stamped Steel Wheelbase: 72" (182.9 cm) Dry Weight: 1,055 pounds (479 kg) Vehicle Size, Overall (LxWxH): 108 x 56.5 x 73" (274 x 144 x 185 cm) Ground Clearance: 10" (25.4 cm) Fuel Capacity: 9 gallons (34.1 L) Bed Box Dimensions (LxWxH): 32 x 42 x 11.5" (81 x 107 x 29 cm) Box Capacity: N.A./500 pounds (226.8 kg) Payload Capacity: 1,000 pounds (453.6 kg) Hitch Towing Rating: 1,250 pounds (567 kg) Hitch/Type: Standard/2" Receiver Emissions: Must meet current off-road emissions standards, EPA and other as applicable Color: Red Condition: New or previously unused Warranty: Standard commercial, no extended warranty or service plan required Year: 2012, preferred as first choice; 2011, as second choice Other Standard Equipment: Mounted clear windshield (Full, Full/Split), High-quality/high-performance headlights, 50 W minimum, digital/electronic instrumentation panel, turn signals, speedometer, odometer, tachometer, DC outlet, trip meter, cushioned seat, fuel gage, mileage gauge, temperature gauge (water and oil), parking brake, tail lights, brake lights, horn, drive/gear indicator gauge, cargo system lock and ride, and all applicable cables/lines
SECTION D - PACKAGING AND MARKING
IAW Commercial Standards/GSA Schedule terms, conditions, etc. as applicable
SECTION E - INSPECTION AND ACCEPTANCE
At Destination IAW FAR 52.212-4(a)/GSA Schedule terms conditions, etc. as applicable.
452.246-70 INSPECTION AND ACCEPTANCE -- ALTERNATE I (FEB 1988)
(IAW AGARFARS 446.370)
(b) Inspection will be performed at: destination by NRCS MO Quality Assurance (QA) personnel.
(c) Acceptance will be performed at: destination initially by the NRCS MO QA personnel as noted above at 452.246- 70(b) following the conclusion of favorable government quality assurance (inspection). However, pursuant to FAR
46.502 and 52.246-12(i), final government acceptance shall be executed by an NRCS MO Contracting Officer upon approval and scheduling of invoices for disbursement (payment).
SECTION F - DELIVERIES OR PERFORMANCE
(1) The goods identified at CLIN 0001 above shall be delivered by the required delivery date as specified to the following location:
(A) USDA NRCS MO HERMITAGE
Attn: To Be Determined Upon Award 254 Jackson Street Hermitage, MO 65775
(2) The goods identified at CLIN 0002 above shall be delivered by the required delivery date as specified to the following locations:
(B) USDA NRCS MO LAMAR (C) USDA NRCS MO KEYTESVILLE
Attn: To Be Determined Upon Award Attn: To Be Determined Upon Award 701 East 12 th Street 104 South JFK
Lamar, MO 64759 Keytesville, MO 65261-1149
(3) The goods identified at CLIN 0003 above shall be delivered by the required delivery date as specified to the following locations:
(D) USDA NRCS MO DEXTER MLRA (E) USDA NRCS MO PARIS
Attn: To Be Determined Upon Award Attn: To Be Determined Upon Award 18450 Ridgeview Lane 18771 Highway 15 Dexter, MO 63841-9776 Paris, MO 65275-9532
(4) As prefaced under Section B above, CLIN 0002 shall consist of two (2) ATV trade-in units which no longer serve a useful purpose as follows:
Type: ATV Type: ATV
Quantity: 1 Quantity: 1 Year: 1993 Year: 1993 Manufacturer: Suzuki Manufacturer: Suzuki Model: Quad Runner 250 Model: Quad Runner 250
VIN: To be provided at time of award VIN: To be provided at time of award Odometer, as of 3 Sep 11: 2,313 Odometer, as of 3 Sep 11: 2,293 *Pick-up Location: Lamar, MO 64759 *Pick-up Location: Keytesville, MO 65261-1149 Currently located at: Greenfield FO, Area 4 Currently located at: Moberly/Keytesville FOSA, Area 2
(5) As prefaced under Section B above, CLIN 0003 shall consist of one (1) ATV trade-in unit which no longer serves a useful purpose as follows:
Type: ATV
Quantity: 1 Year: 1994 Manufacturer: Suzuki Model: LT-F250R VIN: To be provided at time of award Odometer, as of 3 Sep 11: 799 *Pick-up Location: MLRA-Dexter, MO 63841-9776 Currently located at: Dexter MLRA, Area 3
452.211-75 EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)
(IAW AGARFARS 411.404(b))
The effective period of this contract is from after receipt of order (ARO) through forty-five (45) calendar days.
SECTION G - CONTRACT ADMINISTRATION DATA
Accounting and Appropriation Chargeable
ACRN Funds Citation Amount Chargeable
AA 16.11.12.01T.29.ZZ.ZZZZZZZ.ZZ.ZZZZZZZZZ.3150.ZZ.ZZZZZZZZ.ZZZZ
AB 16.10.11.02T.29.ZZ.ZZZZZZZ.ZZ.ZZZZZZZZZ.3150.ZZ.ZZZZZZZZ.ZZZZ $To Be Determined
*REFERENCE: IAW IAS REQ/PR # XXXXX, dated XX Xxx XX
TOTAL AMOUNT CHARGEABLE:
$ TBD
G1. DESIGNATED PAYMENT AND CONTRACT ADMINISTRATION OFFICE
(a) The Government office described below shall coordinate final acceptance and issuance of any payments under this contract action. Also, this office is directly responsible for post-award administration of all contractual matters.
Office: USDA NRCS Missouri, Acquisitions Team (ADS), NRCS-MO-126424
Mailing Address: USDA NRCS Missouri
Attn: Contracting Officer
601 Business Loop 70 West
Parkade Center, Suite 250
Columbia, MO 65203
Fax: 573-876-9444 (for Mark R. Luckritz, Bryan A. Thomas, and James M. Crossley)
Phone: 573-876-XXXX (for Mark R. Luckritz), 573-876-XXXX (for Bryan A. Thomas), or
573-876-XXXX (for James M. Crossley)
Email: Mark.Luckritz@mo.usda.gov (for Mark R. Luckritz), Bryan.Thomas@mo.usda.gov (for Bryan A. Thomas), or
James.Crossley@mo.usda.gov (for James M. Crossley)
G2. INVOICING/PAYMENT INSTRUCTIONS
(BLOCK 18b ADDENDUM)
(a) After successfully performing services and/or delivering goods as expressed in this contract, the Contractor shall follow all invoice instructions identified below:
(1) The Contractor is authorized to submit one invoice copy only;
(2) The Contractor is authorized and shall submit an invoice via electronic format only;
(3) The Contractor shall sign and date any invoice submitted for payment;
(4) The Contractor shall submit one, electronic, signed and dated original invoice which meets the requirements of FAR 52.212-4(g);
(5) The Contractor is authorized to exclude EFT information required by FAR 52.212-4(g)(1)(x) on any invoice submitted for payment; and
(6) The Contractor shall submit all invoices to the NRCS Missouri office identified above at Condition G1.
*Note: Delivery of invoice via email is preferred but submission through Fax is acceptable if legible.
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION
(OCT 2003)
(IAW FAR 32.1110(a)(1) as incorporated by Reference under FAR 52.212-5 below)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
No Section H clauses applicable to this RFQ.
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
452.211-71 EQUAL PRODUCTS OFFERED (NOV 1996)
(IAW AGARFARS 411.171)
(a) Offerors proposing to furnish an "equal" product, in accordance with the "Brand Name or Equal" provision of this solicitation, shall provide the following information for each offered "equal" product:
Contract Line Item Number (if any): ________________________________
Brand Name or Equal Product identified by the Government in this solicitation:____________________________________________________
Offered Product Name:___________________________________________
Catalog Description or part number:_________________________________
Manufacturer's Name:____________________________________________
Manufacturer's Address:__________________________________________
(b) Offerors are responsible for submitting all additional information on the above product necessary for the Contracting Officer to determine whether the product offered meets the "brand name or equal" product's salient characteristics listed in the solicitation.
52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JUN 2010)
(IAW FAR 12.301(b)(3))
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL ITEMS (AUG 2011)
(IAW FAR 12.301(b)(4))
(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(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) (Pub. L. 108-77, 108-78).
(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.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
___ (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).
___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
_X_ (6) 52.209-6, Protecting the Government‘ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).
___ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).
___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).
___ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (10) [Reserved]
_X_ (11) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-6.
_X_ (iii) Alternate II (Mar 2004) of 52.219-6.
___ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
___ (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (July 2010) of 52.219-9.
___ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
___ (16) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (17) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (June 2003) of 52.219-23.
___ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (19) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside (May 2004) (15 U.S.C. 657 f).
___ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).
___ (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).
___ (23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).
_X_ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O.
13126).
_X_ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X_ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_X_ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
_X_ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
_X_ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
_X_ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
___ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 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.)
___ (33) (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)(ii)). (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.)
___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (35) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
___ (ii) Alternate I (Dec 2007) of 52.223-16.
_X_ (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving
(Aug 2011).
_X_ (37) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).
_X_ (38) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).
___ (ii) Alternate I (Jan 2004) of 52.225-3.
___ (iii) Alternate II (Jan 2004) of 52.225-3.
_X_ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (40) 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).
___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
___ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
___ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_X_ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).
___ (46) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
_X_ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
___ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (49) (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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).
___ (8) 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 claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110- 247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 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.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
(IAW FAR 52.107(b))
This contract 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 this/these address(es):
Regulations URLs: (Click on the appropriate regulation.)
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://farsite.hill.af.mil/vfagara.htm
NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page, conduct a search for the desired regulation reference using your browser's FIND function. When located, click on the regulation reference (hyperlink).
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(IAW FAR 52.107(f))
(a) The use in this contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2).clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
No Section J Attachments applicable to this RFQ.
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS OR RESPONDENTS
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (MAY 2011)
ALTERNATE I (APR 2011), ALTERNATE II (APR 2011)
(IAW FAR 12.301(b)(2))
An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.
―Inverted domestic corporation,‖ as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Coe at 26 U.S.C. 7874.
―Manufactured end product‖ means any end product in Federal Supply Classes (FSC) 1000-9999, except— http://orca.bpn.gov/
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 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.
―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.
―Subsidiary‖ means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
―Veteran-owned small business concern‖ means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 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 posted on the Online Representations and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA 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), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) 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 on ORCA.]
(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.
http://orca.bpn.gov/
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] 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 [_] 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, for general statistical purposes, 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 prepresents 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 in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: _________.] Each WOSB concern 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 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)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns 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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]
(i) General. The offeror represents that either—
(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:
(iii) Address. The offeror represents that its address [_]is, [_] is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification.
The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. ―Address,‖ as used in this provision, means the address of the offeror as listed on the Small Business Administration‘s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, ―address‖ refers to the address of the small disadvantaged business concern that is participating in the joint venture.
(11) 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)(11)(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.
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)
[The offeror shall check the category in which its ownership falls]:
____ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory or the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(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…
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