Attachment 2 - Offer Submission Package (OSP).pdf

OFFER

SUBMISSION

PACKAGE

SOLICITATION: SPE602-24-R-0711

PURCHASE PROGRAM: 4.0/4.2

DELIVERY PERIOD:

APRIL 1, 2025 THROUGH MARCH 31, 2027,

plus a 30 day carry-over period

TO BE TIMELY, OFFERS MUST BE RECEIVED AT THE

DEFENSE LOGISTICS AGENCY BY:

November 7, 2024 at 1:00PM, Fort Belvoir, VA Local Time

INSTRUCTIONS

1. To be evaluated for award, one copy of this Offer Submission Package must be returned to Defense Logistics Agency Energy. All documents to be completed and returned are contained in this Offer Submission Package or as an attachment to the solicitation on Sam.gov The following documents are needed by November 7, 2024 at 1:00PM, Fort Belvoir, VA Local Time:

• Signed Standard Form 1449

• Offer Submission Package

• All Applicable Fill-In Clauses and attachments

• A signed copy of all Amendments (If applicable)

2. Be sure to check your offer prices in Section B for accuracy prior to submission. Sign and date the Standard Form 1449.

3. Please limit your e-mail transmission to the contents of this Offer Submission Package along with the signed Standard Form 1449, all applicable fill- in clauses, attachments, and all signed amendments if applicable.

4. By submitting this Offer Submission Package, you are stating ALL terms and conditions of the solicitation are accepted and apply to your offer, unless clearly stated herein.

5. The e-mail address to submit your offer is BulkFuelsBidCustodian@dla.mil mailto:BulkFuelsBidCustodian@dla.mil

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

NOTE: Please review the Schedule of Requirements located in the Solicitation. After reviewing the requirements, complete the OFFER SCHEDULE below:

OFFER SCHEDULE

A. STANDARD OFFER SHEETS

1. Origin Offer Sheet

SEQ

NUMBER PRODUCT SHIPPING

POINT

MINIMUM

QUANTTY (USG)

MAXIMUM

QUANTITY (USG) MODE

OFFERED

PRICE

(USD/USG)

Modes: V = Intermodal container/sea van

VENDOR NOTES:

2. Destination Offer Sheet

SEQ

NUMBER PRODUCT SHIPPING

POINT

TO LOCATION

(i.e. Blount Island)

SOLCITIATION

LINE ITEM #

(i.e. Item:

0017)

MIN QTY

(USG)

MAX QTY

(USG) MODE

OFFERED

PRICE

(USD/USG)

Modes: T = Truck; V = Intermodal container/sea van

B. B53 FREIGHT RATE (DLA ENERGY OCT 1986)

The amount included in the unit price for freight on items offered f.o.b. destination is as follows:

SOLCITIATION LINE

ITEM # (i.e. Item:

0017)

TO LOCATION

(i.e. Blount Island) FREIGHT RATE

A rate that exceeds a common carrier rate may render an offer unacceptable.

C. ESCALATORS

SEQ

NUMBER PRODUCT ESCALATOR NAME BASE REFERENCE

PRICE

BASE REFERENCE

DATE

VENDOR NOTES:

E. OFFER CONDITIONS

1. Overall Min/Max Quantity Availability:

PRODUCT SOURCE OF SUPPLY SHIPPING POINT MODE

MINIMUM

QUANTITY

AVAILABLE

(USG)

MAXIMUM

QUANTITY

AVAILABLE

(USG)

F. SOURCE OF SUPPLY

1. State the monthly production capacity for each source of supply:

PRODUCT SOURCE OF SUPPLY SHIPPING POINTS

SUPPORTED

MAXIMUM MONTHLY

PRODUCTION (USG)

G. PARCEL SHIPPING SIZES & DAILY CAPACITY

1. For Truck and Intermodal Container (Sea van):

a. State the Loading/Movement Capacity for FOB ORIGIN offers:

PRODUCT MODE SHIPPING

POINT

DAYS OF

WEEK

TERMINAL

OPEN

HOURS

EACH DAY

TERMINAL

OPEN

NUMBER

OF RACKS

MAX LOADS

PER

NORMAL

WORKDAY*

Modes: T = Truck; V = Intermodal container/sea van

*NOTE: On items calling for delivery by transport truck, FOB origin, the contractor shall, without additional cost to the government, operate its loading terminal during hours which will allow transport trucks to receive shipments, proceed to using activity, and arrive no earlier or later than the scheduled arrival times (assuming normal truck loading rate and commercial transit time between terminal and using activity). OFFERORS ARE REQUIRED TO INDICATE THE DAYS OF THE WEEK WHICH THE TERMINAL WILL BE OPEN AND THE HOURS OF OPERATION DURING EACH DAY. For FOB Origin Truck offers, ‘Normal Work Day’ shall be defined as an 8-hour period of time between the hours of 0400 (4:00 a.m.) and 1400 (2:00 P.M.).

b. State the Loading/Movement Capacity for FOB DESTINATION offers:

PRODUCT MODE SHIPPING POINT

MINIMUM

DAILY

QUANTITY

(USG)

MAXIMUM

DAILY

QUANTITY

(USG)

DAYS OF WEEK

TERMINAL OPEN

OFFERORS ARE REQUIRED TO INDICATE THE DAYS OF THE WEEK WHICH THE TERMINAL WILL BE OPEN.

2. Would the quantity awarded out of any shipping point affect the quantity available for award out of any other shipping point: ________. If YES, please give details below:

J. QUALITY ASSURANCE

Pursuant to FAR 52.212-1, the offeror must demonstrate an understanding of the quality assurance requirements in Quality Assurance Provisions (QAPs) E1 CONTRACTOR INSPECTION RESPONSIBILITIES (APR 2024) of the solicitation. Accordingly, offerors must indicate one of the following and submit the required documentation for review with their initial offer:

☐ Offeror certifies that it has a Quality Control Plan (QCP), applicable to a DLA Energy bulk petroleum contract, on file with DLA Energy that is no more than 24 months old.

OR

☐ An outline, an estimated two pages in length, of a proposed QCP describing the offerors current inspection system and quality assurance procedures, with references to the corresponding requirements in E1.

K. F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER AND SEA VAN (INTERMODAL CONTAINER)

FREE TIME AND DETENTION RATES (BULK/FSII/LUBES/JPTS) (DLA ENERGY JUNE 2024)

(1) Transport Truck and/or Truck and Trailer

(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. A minimum of two hours free time is required. Free Time will commence once the Transportation Service Provider has notified the consignee that the trailer is positioned for unloading per Paragraph 2 of ITEM 21 - DETENTION:

VEHICLES WITH POWER UNITS (DEP) of the MILITARY FREIGHT TRAFFIC UNIFIED RULES PUBLICATION-1 (MFTURP-1). Contractor shall be paid for detention beyond free time for delays caused by the Government.

SHIPPING POINT

FREE TIME FOR UNLOADING TRANSPORT TRUCK

OR TRUCK AND TRAILER (in hours)

RATE FOR DETENTION

BEYOND THE FREE TIME (in dollars per hour)

(b) The above will not be considered in the evaluation of offers for award. However, free time of less than two hours or detention rates not comparable to average detention rates in similar geographic area may render an offer unacceptable/bid nonresponsive. IF NO FREE TIME OR

DENTENTION INFORMATION IS PROVIDED, FREE TIME WILL BE CONSIDERED UNLIMITED.

(2) Sea Van (Intermodal Container)

(a) Upon arrival of Contractor's Sea Van (Intermodal Container), the receiving activity shall promptly designate the tanks into which the load is to be discharged. A minimum of three (3) days of free time is required, unless otherwise noted in the Solicitation Schedule. Free time will commence at the time the Sea Van (Intermodal Container) arrives at the delivery address specified on the delivery order. Contractor shall be paid for detention beyond free time for delays caused by the Government.

(b) The above will not be considered in the evaluation of offers for award, However, free time of less than three days or number of days otherwise noted in the Solicitation schedule or detention rates not comparable to average detention rates in similar geographic area may render an offer unacceptable/bid nonresponsive. IF NO FREE TIME OR DENTENTION INFORMATION IS PROVIDED, FREE TIME WILL BE CONSIDERED UNLIMITED.

(3) Detention Costs. Any invoices for detention costs will be forwarded directly to the Contracting Officer.

(End of F3.02 Text)

SHIPPING POINT

FREE TIME FOR UNLOADING SEA VAN

(INTERMODAL CONTAINER) (in days)

RATE FOR DETENTION

BEYOND THE FREE TIME (in dollars per day)

L. F92.02 SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS (DOMESTIC AND OVERSEAS

BULK) (DLA ENERGY JULY 19)

(a) The offeror shall furnish to the Contracting Officer a refinery shutdown schedule for the contract period. DLA Energy will review the offered quantity, parcel sizes, and lift intervals in conjunction with the turnaround period to ensure that the entire offered quantity can be delivered during the performance period and will meet operational requirements.

(b) The offeror shall provide the following information for each product offered:

(1) [ ] No Shutdown Planned

(2) [ ] Shutdowns Planed

Refinery Location Shutdown Period Impact of Shutdown Period on Supply Availability

(c) Unless the offeror states otherwise, the offer will be evaluated on the basis that there will be no refinery shutdowns for turnarounds that will have an impact on supply availability.

(End of F92.02 Text)

M. REQUESTS FOR EXCEPTION

All requests for exceptions to the solicitation and amendments must be included in this section. Please be as specific as possible when submitting a request for exception and use a separate line for each exception being requested. Inclusion of the request for exception in the offer should not be construed as acceptance by the Government until such acceptance is expressly stated by the Contracting Officer.

Any exception stated elsewhere in the offer that is not included in section M of the Offer Submission Package will NOT be considered a valid request for exception and will not be considered for award.

1. SECTION B / SUPPLIES OR SERVICES AND PRICES/COST: List all exceptions to this section; identify the solicitation clause or provision applicable to each exception.

Clause/Provision Exception Requested

2. SECTION C / DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK: List all exceptions to this section;

identify the solicitation clause or provision applicable to each exception.

3. SECTION E / INSPECTION AND ACCEPTANCE: List all exceptions to this section; identify the

4. SECTION F / DELIVERIES OR PERFORMANCE: List all exceptions to this section; identify the

5. OTHER EXCEPTIONS: List all exceptions to the solicitation and amendments other than those for Sections B, C, E or F of the Solicitation. Identify the solicitation section and clause or provision applicable to each exception requested.

Any exception stated elsewhere in the offer that is not included in section M of the Offer Submission Package will NOT be considered a valid request for exception and will not be considered for award.

N. K CLAUSES

1. K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (CONT’D) (DLA

ENERGY FEB 2009) SMALL BUSINESS CONCERN REPRESENTATION - OFFEROR’S MANUFACTURING

SOURCE.

(a) The representation in (c) below concerning the offeror’s manufacturing source applies to Small Business Set-Aside (SBSA) line items, Small Disadvantaged Business Price Evaluation Adjustment (SDB PEA) line items, and HUBZone Small Business (HSB) line items only.

(1) To be eligible for either the SBSA or SDB PEA, the representation in (c)(1) below must state that all end items will be manufactured or produced by a small business concern in the United States, its territories and possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(2) To be eligible for the HSB preference, the representation in (c)(2) below must state that all end items will be manufactured or produced by a HUBZone small business concern in the United States, its territories and possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(b) Failure to complete (c) below and failure to submit same with the offer may render the offer ineligible for award in these programs.

(c) (1) SBSA/SDB PEA REPRESENTATION. The small business concern represents as part of its offer that--

[ ] all

[ ] not all end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(2) HSB REPRESENTATIONS. The small business concern represents as part of its offer that—

[ ] all

[ ] not all end items to be furnished will be manufactured or produced by a HUBZone small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(End of K1.01-7 Text)

2. K28 SHIPPING POINT AND REFINERY INFORMATION (BULK) (DLA ENERGY JULY 2019)

Offerors are required to submit the following information for all shipping points and refinery sources offered.

COMPLETE ADDRESS (INCLUDING NAME OF SHIPPING POINT OR REFINERY, STREET ADDRESS, CITY, COUNTY, STATE AND ZIP CODE, AND TELEPHONE NO.):

Name of Refinery Shipping Point Street Address City Country State Zip Code Telephone No.

(End of K28 Text)

3. K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations.

NAME TITLE PHONE NUMBER E-MAIL ADDRESS

(End of K33.01 Text)

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

As stated in the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause 52.229-6, unless the contract provides otherwise, the contract price must include all applicable foreign taxes, duties, fees, or foreign government-levied charges (“taxes and duties”). In accordance with the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause 52.229-6, the offeror shall list below, in paragraph (a), the specific name and amount of the foreign taxes and duties included in the price. If, when permitted by the contract, foreign taxes and duties are not included in the offered price, but are expected to be invoiced separately, the offeror shall list the specific name and amount of these foreign taxes and duties in paragraph (b) below.

(a) Foreign taxes and duties included in the contract price are as follows:

Name of Tax, Duty, Fee, or Foreign Government Levied Charge Amount

(b) Foreign taxes and duties invoiced separately are as follows:

Name of Tax, Duty, Fee, or Foreign Government Levied Charge Amount

(End of K86 Text)

O. General Comments

Please include any general comments or notes that you wish to include in your offer in the area provided.

E33.07 MANUFACTURING AND FILLING POINTS (DLA ENERGY MAR 2006)

The name, complete addresses and telephone number of the manufacturing and filling points for each product to be furnished hereunder are as follows:

PRODUCT

NAME, COMPLETE ADDRESS AND TELEPHONE

NUMBER OF MANUFACTURING POIN/FILLING

POINT

(End of E33.07 Text)

SECTION G - CONTRACT ADMINISTRATION DATA

G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM

(DLA ENERGY JAN 2012)

(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN.

(b) Any change by the Contractor in the designation of the bank account to receive electronic transfer of funds in accordance with this contract text must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

(c) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR PRINTING)

RECIPIENT’S NAME: | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

ORIGINATOR ABA: ____044036205____ (DLA ENERGY fill-in)

CONTRACT NUMBER: ______________________________________________ (DLA ENERGY fill-in)

RECIPIENT’S CAGE CODE: __________________

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT’S DUNS NUMBER: ______________________________________

BENEFICIARY’S BANK NAME: | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

BENEFICIARY’S BANK ADDRESS: | | | | | | | | | | | | | | | | | | | | |

BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________

BENEFICIARY’S BANK SWIFT NUMBER: | | | | | | | | | | | |

(EITHER 8 OR 11 CHARACTERS ONLY)

IBAN NUMBER: ______________________________________

BENEFICIARY’S BANK SORT CODE: | | | | | | | (FOR BANKS IN THE UNITED KINGDOM

ONLY)

(6 CHARACTERS ONLY)

(d) CONTRACTOR’S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER

INFORMATION.

NAME | | | | | | | | | | | | | | | | | | | | | | | | | |

TITLE | | | | | | | | | | | | | | | | | | | | | | | | | |

TELEPHONE NUMBER | | | | | | | | | | | | | | | | | | | | | |

SIGNATURE _______________________________________________________

(e) Notwithstanding any other provision of the contract, the requirements of this contract text shall control.

(End of Contract Text G9.07-5)

SECTION I - CONTRACT CLAUSES

FAR 52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

(a) Definition. "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name) ___________________________________________

(Address) _________________________________________

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror’s Name _____________________________________

Manufacturer’s Name________________________________

Source’s Name _____________________________________

Item Name ________________________________________

Service Identification ________________________________

Test Number _______________________________________ (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

(End of provision)

DFARS 252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) “Hazardous material,” as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR

1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert “None.”) ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

(End of clause)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

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

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

https://www.acquisition.gov/far/52.209-7#FAR_52_209_7

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

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

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

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

https://www.acquisition.gov/far/9.104-5#FAR_9_104_5

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern— https://www.sam.gov/ https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 https://www.acquisition.gov/far/52.217-8#FAR_52_217_8

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall represent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall represent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.sba.gov/document/support--table-size-standards

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or

(h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .] https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(9) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents 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 (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [ The Contractor 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.

[ Contractor to sign and date and insert authorized signer's name and title._______________________ ]

(End of clause)

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause.

Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN

2020)

(a) Definitions. As used in this provision—

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C.

5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It □ is □ is not a foreign person; and https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 □ a full exemption, or □ partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

(End of Provision) https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.irs.gov/help/tax-law-questions

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND STATEMENTS

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at…