Amend1-ClausProv-19-14.pdf

FAR CITATTON:52.252-l: Solicilation Provision Incorporated by Reference, (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and defect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text ofthose provisions, the offeror may identi! the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text ofa solicitation provision may be accessed electronically at this/these address(es):

I.

l. 52.204-7

2. 52.204-9

3. 5?.204-13

4. 52.204-16

5 52 204-t8

6. 52.204-21

1 . 52,2]12.1

8. 52,2t2-4 o (t ,1 s-s

10. 52.2]17-5

| | <1 )7'r-1 t2. 5?.222-26 l l. 52.222-41

14, 52.222-43

| < <) ))1-,14

16. 52.222-55 t1. 52.223-5

18. 52.223-6

19. 52.224-t

20. 52.224-2

System for Award Management (P)

Personal Identity Verificalion of Contractor Personnel

System for Award Management Maintenance

Comrnercial and Government Entity Code Reporting

Commercial and Covemment Entity Code Maintenanc'e

Basic Safeguarding of Covered Contractor Information Systems

Instructions to Offerors - Commercial ltems

Contract Terms and Conditions - Commercial ltems

Facsimile Proposals

Evaluation of OPtions

Convict Labor

Equal Opponunity

Service Contract Labor Standards

Fair Labor Srandards Act and Service Contract Labor Standards

Fair Labor Standards Act and Service Contract Act-Price Adjustments

Minimum Wage Under Executive Order 13658

Pollution Prevention and Right-To'Know Information

Drug-Free WorkPlace

Privacy Act Notifi cation

Privacy Act

Oct20l6

Jan 201 I

Oct 20l6

Jul 2016

Jul 20l6

Jun 20 l6

Jan 2017 lan 201'7

Oct 1997

Jul | 990

Jun 2003

Sep 20 l6

May 20 )4

May 2014

May 20l4

Dec 2015

May 201 I

May 2001

Apr 1984

Apr 1984

Page I of2l

2t.

)7

LJ,

52.225-t3

52.232-1

52.232-t

52.232-t8

52.232-25

52.232-33

52.232-39

52.232-40

>2. z5 5- |

)z,zJ 5-s

52.2334

52.237 -l

52.231-2

52.237 -3

52.23',1-7

52.242-ts

52.243-1

52.244-6

52.246-4 s2.249-l

52.249-8

52.2s3-l

Restrictions on Ceftain Foreign Purchases

Payments

Discounts for Prompt Payment

Availability of Funds

Prompl Payment

Payment by Electronic Funds Transfer - System for Award Mgtm

Unenforceability of Unauthorized Obligations

Providing Aocelerated Payments to Small Business Subconfactors

Disputes

Protest After Award

Appl icable Law for Breach of Contract Claim

Site visit (P)

Protcction of Government Buildings, Equipment and Vegetation

Continuity of Servic€s lndemnification and Medical Liability lnsurance

StopWork Order

Changes-Fixed-Price

Subcontracts for Commercial Items

Inspection of Seffioes - Fixed-Price

Termination for Convenience of the Govemment

(Fixed-Price[Short Form)

Default (Fixed-Price Supply and Service)

Computer Cenerated Forms

Jun 2008

Apr 1984

Feb 2002

Apr l9t4

Jan2017

Jul 2013

Jun 20 l3

Dec 2013

May 20 14

Aug 1996

Oct 2004

Apr l9t4

Apr 1984

Jan l99l lan 1991

Aug 1989

Aug 1987

Jan 2017

Aug 1996

Apr 1984

Apr 1984

Jan l99l

24, 25.

26, 27, 28.

29.

30.

Jl.

32.

JJ.

)4t.

35.

35.

38, 39.

40.

41.

42.

II. Federal Acquisition Regulations (FAR) (rlt ctR Cbgptcr 1) chuses io Full Tert

L t/..Zw-s

52.212-2

Taxpayer ldentifi cation (P)

Evaluation-Commercial ltems

Oct 1998

Oct 2014

Pr$2of 21

3. 52.212-3

52.2t2-5

52.2 t6-r 8

52.2t1-8

Offeror Represenration and Certr fi cations

- Commercial ltems

Contract Terms and Condition Required to lmplement Slatutes or Executive Orders - Commercial ltems

Ordering

Option to Extend Services

Jan 2017

Jan 20]''7

Oct 1995

Nov 1999 o

52.204-3 Taxpayer Identification

As prescribed in 4.905, insert the following Provision:

TAXPAYER IDENTIFICATION (OCT I998)

(a) Definitions.

..Common parent," as used in this position, means that corporate entity that owns or controls an affiliated group of cqrporations that files its Federal income tax retruns on a consolidated basis, and of which the offeror is a momber.

'.Taxpayer ldentification Number (TIN)," as used in this provision, means the number required by the lntemai Revenue Service (lRS) to be used by the offeror in reporting income tax and other reiums. The

TIN may be either a Social Security Number or

(b) All offerors must submit the information required with debt collection requirements of 3l U S.C. 77

6041, 4051A, and 6050M, and implementing re subject to the payment reporting riquiremenis described in Federal Acquisition Regulation (FAR) 4 904.

the-failure or reiusal by the offe-ror to fumish the information may result in a 3l percent reduction of paymenl

(c) The TIN collect and report on any delinquent amounts arising out of the oflbr nl (31 U S C' 7701O(3) lf the resulting contract is subject ro the payment reporttng requirements described in- FAR 4.904, the TIN provided hercunder may be match;d with IRS records to verily the accuracy of the offeror's TIN'

(d) Taxpayer Identification Number (TIN) n rrN'

! tttthas been applied for.

! fn ls not required because:

Eofferoris,orforeignpartnershipthatdoesnothaveincome effectivel or business in the United States and does not have an office ng agent in the United States;

! Offeror is an agency or instrumentality of a foreign Govemment;

! Offeror is an agency or instrumentality of the Federal Govemment'

(e) Typeoforganization.

PiEe l ot2'l

Sole proprietorship;

Partnership;

Corporate entity (not tnx-exempt);

Corporate entity (tax-exempt);

Govemment entity (Federal, State, or local);

Foreign govemment;

International organization per 26 CFR 1.6049-4;

(f) Common parent.

n Offeror is not owned or controlled by a cornmon parent as defined in paragraph (a) ofthis provision.

n Name and TIN of common Parent:

Name

TIN

tr n I Other

(End of provision)

5?,,212-2 - Evsluation - Commercisl ltems.

As prescribed in l2.301(c), the contracting oflicer may insert a provision substanrially as follows:

Evsluation - Commr rcisl Items (Oct 2014) ard a contract resulting from this solicitation to the respoosible offeror whose offer n will be most adv"ntigrou, to the covernment, price and other factofs considered. The ed to evaluate offers:

i) Problem and ApProach

ii) Past Performance

iii) KeY Personnel

iv) ManaS,ement

), os o Pr optiofls lo thc total tl ab Ptron Prit* are

Provision)

52.212'3 " Offeror RepresentNtions and C€rtificrlions -- Commercial Items' auons - Commercial ltems (Jan 2017) ion if the Offeror has complcled thc annual rePresentations anagement (SAM) Web site localed al

Plge 4 of2?

htto://wwrv.sam.eov/oortal. Ifthe Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) ofthis provision.

G) Dertnirions. As used in this provision- "Administrative merits d€t€rmination" means certain notices or findings of labor law violations issued by an enforcem€nt agency following an investigation. An administrative m€rits determination may be {inal or be subject to appeal or further review. To determine whether a panicular notice or finding is covered by this definition, it is necessary to consull section ll.B. in the DOL Guidance.

"Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occuned, or that enjoined or restrained a violation of labor law. lt includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from priYate or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

"Civil judgment" means--

(lj In paragraph (h) ofthis provision: A judgment or finding of a civil offense by any court ofcompetenl jurisdiction.

i2; ln paragraph (s) of this provision: Any judg-ment or order entered by any Federal or State coun in which the couft jeter;ined that a labor law violation occuned, or enjoined or restrained a violation of labor law. lt includes ajudgment or order that is not final or is subject to appeal. To determine whether a Particulsr judgment or order ls

"ou","d by thit definition, it is necess to consult section ll.B. in the DoL cuidance.

,,DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673' 'Fair pay and safe workplaces".. The DoL Guidance, dated August25,20l6, can be obtained from

\\'\\ \\ 5.

.,Econornically disadvantaged women-owned small business (EDWOSB) concern" means a small business concem thar is ar leasr 5 | percent directly-and unconditionally owned by, d the management and daily business operations of wh ich are controlled by, one or more women who are ciiizens ofthe United States and who are economically disadvantaged accordance with I 3 CFR part l?7. lt automatically qualifies as a women-owned small business eligible under the SB

Program.

,-Enforcement agcncy,'means any agency granted authoriry to enforce the Fe eral labor laws lt includes the enforcement componenr "i. oi.,li.io rderal Contract C mpliance Programs, and Occupational

Safet.v- and , the Equal rtunity Com ission, the Occupational Safety and Health

Review Co onal Labor also means State agency designated to administer an is caPac rator of such as agenc vestigalions of he wund are--

HD) for-orker Protection Act;

rmerly known as the Davis-Bacon Act;

the Service Contract Act;

lishing a Minimum wage for Contractors);

alth Administration (OSHA) for--of 1970; and

ComPliance Programs (OFCCP) for-t973:

rt Assistance Act of l9't2 and' the Vietnam Era Veterans' ral EmPloYment OPPortunitY);

National Labor Relations Acl and

EOC) for--

1990i t Act of 1967; and s Act (Equal PaY Act)' e)oIll

"Forced or indentured child labor" means all work or servic.t

(6) Exacted from any person under the age of I 8 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of I 8 pursuant to a contract the €nforcement of which can be accomplished by process or penalties.

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

"lmmediate owner" means an entity, other than the offeror, that has dircct control ofthe offeror. lndicators ofcontrol include. but are not limited to, one or more ofthe following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use ofemployees "lnvened domestic corporation," means a foreign incorporated entity that meets the definition of an invened domestic corporation under 6 U.S,C. 395(b), applied in accordance with the rules and definitions of6 U.S C 395(c).

,,Labor compliance agreement" means an agreement enter€d into between a contractor or subcontractor and an enforcemeni agency to address appropriate remedial measures, compliance assistance, stePs to resolve issues to increase compliance lvith the labor laws, or other related matters.

"Labor laws" means the following labot laws and E.O.s:

( I ) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricuhural Worker Protection Act'

(4) The National Labor Relations Act'

(5) 40 U.S.C. chapter 3 I , subchapter lV, formerly known as rhe Davis'Bacon Act'

(6) 4 t U.S.C. chaPter 67, formerly known as the Service Contract Act'

(7) E.O. |1246 of S€ptember 24, 1965 (Equal Employment OpPortunity)'

(8) Section 503 ofthe Rehabilitation Act of 1973.

igi rl. vi"tn"rn Era Veterans' Readjustrnent Assistance Act of 1972 and the Vietnam Era Yeterans' Readjustment

Assistance Act of 1974'

(10) the Family and Medical Leave Act.

196'1.

Minimum Wage for Contracrors) dance (The only equivalent State laws implemented in the found at c5P.,t

"Labor I ans nation, arbitral award or decision' or civiljudgment' which resulted from a violation ofone or more ofthe laws listed in the definition of"labor laws"

"Manufactured end ny in product and service codes (PSCs) 1000-9999' except-

(l) PSC 55 ela ood Materials;

(2) Product (P icultural SuPPlies;

(l) PSG 88, Live Animals;

(4) PSG 89, S

isi Psc s+to Plant Materials;

ioj psC s+lo rude Animal Products' Inedible;

iri psC sq+o rude Agricultural and Forestry Products;

ct rs assembled out of components' or otherwise made or s to be provided to the Government' If a product is

6 ol2'7 operations thal lhe persou (as that t€rm is define-d in Section 2 ofthe Sudan Accountability and Divestment Act of2007) conducting the business can demonstrate-

( l) 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 ofproviding goods or sewices that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technolory- ( l) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the fre€ flow of unbiased information in lran; or

(ii) To disrupt, moni!or, or otherwise restrict speech ofthe people of lran; and

(2) Does not include inf<lrmation or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) ofthe Intemational Emergency Economic Powers

Act (50 U.S.C. 1702(bX3).

"service-disabled veteran-owned small business concem"-

(l) Means a smallbusiness concern-

(i) Not less than 5l percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 5l percent oflhe 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 ofa service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Serviie-d isabled veteran meani a veteran, as de ined in 38 U.S.C. l0l(2), with a disability that is service' connected, as defined in 38 U S.C. l0l(16).

,,Small business concem" means a concern, including its afliliates, that is independently owned and operated, not dominant in the field ofoperation in which it is bidding on Covernment contracts, and qualified as a small business under the criteria in l3 CFR Pan l2 I and size standards in this solicitation' .,Small d isadvantaged business concern, consistent with l3 CFR 124. 1002," means a small business concem under the size standard applicable tion, that-- ( l) Is ;t least 5 I nditionally and directly owned (as defined at l3 cFR.124.105) by"

(i) One lly disadvantaged (as defined at l3 CFR 124.103) and economically disadvantaged ias defined at l3 cFR -t2a.to+;

inaiuiduuls who are citizens ofthe united States; and

iii) Each individual claiming economic disadvantage has a n-et w-orth.

'_o1 exceeding $750,000 after taking inio account the applicable exclusions set fonh at I3 CFR I24 104(c)(2); and

(2) The management and ;;ily business operalions ofwhich are c defined at I3'CFR 124 106) by indiuiduals, wiho meet the criteria in paragraphs (l)(i) and (ii) oft "Subsidiary" means an entity in which more than 50 percent ofthe entity

( l) on; or

(2) fa Parent corPo

.,successor' aced a predeces the predecessor under a ne f the offrceVdivisions of the successor for the liabil "Veteran-orvned small business conc€rn" means a small business concern-

( l ) Not less rhan 5l Percent of which is owned by one or more veterans(as defined at S8 U'S C l0l(2))or'inthe caseofanypubliclyownedbusiness,not|esslhan5lpercentofthestockofwhichisownedbyoneormore veterans; and

(i) ir," ,un"g"r"nt and daily business operations of which are controlled by one or more veterans.

PaBe 1 of 2l

"Women-owned business concem" means a concem which is at least 5l percent owned by one or more women; or in the case of any publicly owned business, aI least 5 I percent ofthe its stock is owned by one or more women; and whose management and daily business operalions are controlled by one or more women.

''Women-owned small business concern" means a small business concern --

( l) That is at least 5 I percent owned by one or more wom€n or, in the case of any publicly owned business, at Ieast 5 I 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) concenr eligible under the WOSB Program (in accordancc with ll CFR part

127)," means a small business concem that is at least 5l percent directly and unconditionally owned by, and the rnanagement and daily business operations of which are controlled by, one or more women who are citizens of the United

States.

Nor€ to psragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are en.;oined indefin itely as of the date of the order: "Administrative merits determination'", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency". "Labor compliance agreement", "Labor ia*s;', and "Labor law decision". The enjoined definitions will become effective irnmediately ifthe court terminates the injunction At rhar time, DoD, GSA, and NASA will publish a document in the Federal Register advising the Public of the termination of the injunction.

(b)

(l) Annuol Representations and Certifcations. Any changes provided by the offeror in paragraph (bX2) of this provision do not automatically change the representations and certifications posted oD the SAMwebsite l2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through hnps://w*rv.acgdsition.cov. After reviewing the SAM database infonnation, the ofieror verifies by submission ofthis offer that the representation and certificalions currently posred electronically at

F AR 52.t12-3, Offeror Repres€ntations and Certifications-{ommercial ltems, have been entered or updated in the last l2 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 ofthe date of this offer and are incorporated in this offer by reference (see FAR 4.1201 ), except for ParagraPhs - .

[Offerot to ittentiJy the applicable paragraphs et (c) through (u) olthis provision that the ror has compleredJbr rhe purpit"s ol iiit solicitarion-on y. if any. These amended represenlalion(s) ond/or certifcation(s) are also 'incirporaied in this ofler and are current, accurate, and complete as ol the dale ollhis offer. Atty changes prorided by the offerir are applicable b rhis solicira on only, and do not result in an updale lo lhe representalions and certifications p on SAM I

(c) Offerois must complete the following re the tesulting contract is to be performed in the Uniled

States or its outlying areas. Check all that apply.

(l') Snrail business concem. The offeror represents as part of its offer that it l] is, [J is not a small business concem.

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

(3) Service-disabled veteran-owned small business concem. IComplete only_ ifthe offeror represented itselfas a veteran-owned small buslness concern in paragraph (ct2) ofthis provision l The offeror represents as part of its n-ou'ned small business concern ifthe offeror represented itselfas a small business epresents that it u is, tJ is not, a small

124.1002.

:;l1Ji.'ff :T:l f 'ii:: fi i:':[ "i i;il:li:H::':'" buslness concem.

Note: Complete paragraphs (cNE) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold . ,., r,-^^-^- r. elfas a

(6) WOSB concern eligible under the WOSB Program [C women-owned small business concern in paragraph (c)(5) tnat-

(i) It [-] is, 1-1 it ""i " wOSe concern- eligiUli un . -.. -,-.^--^ )^.

the required documents to ,n"'wosg n"pository, and io change in oircumstances or adverse decisions have been issued that affects its eligibiliry; and pape 8 ofzT

(ii) lt L] is, [ ] is not a joint venture that complies with the requiremenu of l3 CFR part 127, and th€ representation in paragraph (c)(6Xi) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in thejoint venture. [The offeror shall enter the name or names ofthe WOSB concern eligible under the WOSB Prograrn and other small businesses that are participating in the joint venture: .] Each WOSB concem eligible under the WOSB Program participating in lhe joint venture shall submir a separate signed copy ofthe WOSB representation.

(?) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under rhe WOSB Program in (cX6) of this provision.l The offeror represents that-

(i) lr Ll is, [_] is nol an EDWOSB concem, has provided alt the required documcnts to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It U is, Ll is nor a joint venture that complies with the requirements of l3 CFR part | 27, and the representation in paragraph (cX7)(i) of this provision is accurate for each EDWOSB concern participating in thejoint venture. [The offeror shall enter the name or narnes of the EDWOSB concern and other small businesses that are participating in the joint venture: .,- ...-*,- ] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOIB representation

(8) Women-owned business concem (other than small business concern). [Complete only ifthe offeror is a women-owned business concern and did not represent itselfas a small business concem in paragraph (c)( | ) of this provision.] The offeror repres€nts that it [l is, a women-owned businEss concem.

191 Tie bii priority lor labor surplus area concerns. If this is an invitation for bid, small business offerors may identify ttre labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcon[actors) amount to more than 50 Pefcent of the contracl price:

( l0) HUBZone small business conce.n.lCo.ptete only if the offeror represented itself as a small business oonc"m in paragraph (c)( I ) of this provision.l The offeror represents, as part of its offer, that--

(D it U is; [J is nor a HIJBZone small business concem listed, on the date of this representation, on the lirt of euaiit"a HUBZone Smail Business Concerns maintained by the Small Business Administration' and no material changes in ownership and conrol, principal office, or HUBZone employee percenbge have occurred since it was certified in accordance with l3 CFR part 126; and

(ii) lr U is, Ll is not a HUBZone joinr venture that complies with the requirements of I 3 CFR pan I 26' an n is accurate for ea bu ' lThe oferor :hall ach

"f HlJBZone joinl w Each iUgZone small business concem participating in the HUBZonejoint venture shall submit a separale signed copy ofthe HUBZone representation.

(d) Representationi required to im ions of Executive Order 11246 - ( I ) Prevrous contracts and he offeror represents that --

(i) lt [l has, L] h ated in a previous contract or subcontract subject to the Equal

Opponunity clause of this solicitalion; and

(ii) It fl has, fl has not, filed all required compliance rePorts'

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

(i) It fl has developed and has on file, [_i has not developed and does not have on file, at each iituui-isi,.ent, affirmativ€ action progtom required by rules and regulations of the Secretary of Labor (4 I

CFR Parts 60-l and 60-2)' or

(ii) lr ll has not previously had conrracts subjectlo the written affirmativc action programs requrrement ofthe rules and regulations of the Secretary of Labor' r.ttlsttt:lt(tur (i I L: s c tl:2)' {Applies olll)' if th€ contracl is otl-eror certit'ies to the best ol-its knorvledgc and beliefthat randard Form LLL, Disclosure of Lobbying Activities' to

Page 9 ot 27 provide the name of the registrants. The offeror need not i€port regularly ernployed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American CertiJicate. (Applies only if the clause at Federal Acquisition Regu lation (FAR) 52.22 5- l, Buy American - Supplies, is included in this solicitation.)

( I ) The offeror certifies that each end producl, exccpt those listed in paragraph (11(2) ofthis provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufacturcd outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end producls, i.e., an end product that is not a COTS item and does not meet the compon€nt test in paragraph (2) ofthe definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buv American-Suoolies."

(2) Foreign End Products:

.LINE ITEM NO. .COUNTRY OF ORIGIN

IList as necessary]

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

(c)

(l) Buy Anerican - Free Trade Agreenents -- Israeli Trade Act Certi,fical?, (Applies only ifthe clause ar FAR 52.225-3, Buy American -- Free Trade Agreements -. lsraeliTrade Act, is included in this soliciration.)

(i) The offeror certifies that each end product, excepr those listed in paragraph (g)( I Xii) or (gX I Xiii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," 'lsraeli end product," and "United States" are defined in !he clause of this solicitation enritled "Buy Arnerican--Free Trade Agreements--lsrael i Trade Acl."

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

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

Products) or Israeli End Products:

LINE ITEM NO, COUNTRY OF ORIGIN

lList eu necessary)

(iii) The offeror shall lisr those supplies that are foreign end products (other than those listed in paragraph

(g)( I )( ii) or this provision) as defined in the clause of th is solicitation entitled "Buy American-Free Trade Agreements-lsraeli Trade Act," The offeror shall list as other foreign end products thos€ end

Droducts manufactured in the United Shtes that do nol qualiry as domestic end products, r.e., an end

Droducr that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end Droduct."

Other Foreign End Products:

LINE ITEM NO, COUNTRY OF ORICIN

Page l0 oi-21

[List as necessary]

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

(2) Buy American-Free Trade Agreements-Israeli Trade Acr Certificate, Alternate /. lf Altemate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)( l)(ii) for paragraph (gX I Xii) of the basic provision:

(g{l)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-lsraeli Trade Act":

Canadian End Products:

Line ltem No.

IList as necessaryJ

(3) Buy Anterican-Free Trade Agreements-lsraeli Trode Act Certifcale, Alternate /1. lf Alternate I I to the cfause at FAR 52.225-3 is included in this solicitation, substitute the following paragmph (g)(l)(ii) for paragraph (eX lXii) ofthe basic provision:

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

Canadian or Israeli End Products:

Line ltem No : Country of Origin:

lList as necessaryl

(4) Buy American-Free Trade Agreenenls-lsraeli Trade Act Certifcate, Altemate III. If Ahernate III to the claxe at 52.225-3 is included in this solicitation, substitute the following paragraph (g)( l)(ii) for paragraph (g)11)(ii) ofthe basic prov ision:

(g)( I )(ii) The otTeror ceriifies that the following supplies are Free Trade Agreemenr country end products (orher than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or lsraeli end products as defined in the clause ofthis solicitation entitled ''Buy

American-Free Trade Agre€ments-lsraeli Trade Act";

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

Line ltern No,: 'Country of Origin:

lLisl as necessary,l (5\ Trade Agreemenrs Certirtcarc. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in th is solicitation.)

(i) The offeror certifies that each end product, €xcept those listed in paragraph (g[S[ii) of this provision.

is a U.S.-made or designated country end product ar defined in the clause of this solicitation entitled ''Trade Agreements."

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

Other End Products

Lirrc ltem \o,; C'i:untry of Origin:

Page I I of2?

lList as necessary)

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

For line items covered by' the WTO CPA, the Government will evaluate offers of U.S.-made or desiBnated country end products without regard to the resricrions ofthe Buy American statute The Government will consider for award only offers of U.S.-made or designated country end products unless the Contfacting Officer determines that there are no offers for such products or that the offers for such produots are insufficient ro fulfill the requirements of thc solicitation.

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

( l) [_] Are, Ll are not presently debaned, suspended, proposed for debarment, or declared ineligible fbr the award ofcontracts by any Federal agency;

(2) fl Have, [_] have not, within a three"year period preceding this offer, be€n convicled ofor had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaininB.

attempting ro obtain, or performing a Federal, state or local govemment conlract or subcontract; violarion of Federal or state antitrust staturcs relating to the submission of offers; or commission of embezzlement, theft, lorgery, bribery, falsification or destruction of records, making false statem€nts, tax evasion, violating Federal criminal tax laws, or receiving stolen propeny; and

(l) [l Are, [_] are nor presently ildicted for, or othenvise criminally or civilly charged by a Governntent entity' with, commission of any of these offenses enumerated in paragraph (hX2) of this clause; and

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

(i) Taxes are considered delinquent ifboth ofthe following criteria apply:

(A) The tax liabiliDl is fnally determined. The liability is finally determined if it has been assessed. A liability is not finally determined ifthere is a pending administrative orjudicial challenge. In the case ofajudicial challenge to the liability, the liabiliB" is not finally determined until alljudicial appeal rights have been exhausted.

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

(ii) ExamPles.

(A) The taxpayer has received a statutory notice of deficiency, under L R.C, $62 I 2, 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 alljudicial appear rights'

(B) The IRS has filed a notice of Federal tar lien with respect to an assessed tax liability, and the tarpayer has been issued a notice under I.R.C. $6320 entitling the taxpayer to request a hearing with the tRS Office of Appeals Conresting rh€ lien filing, and to further appeal to the Tax Coun if the IRS determines to sustain the lien filing. ln the course of the hearing, the nxpayer is entitled to contest rhe underlying tax liability because the mxpayer has had no prior opponunit) to conlesl the tiability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek lax court review, rhis willnor be a final tax liabiliry until the taxpayer has cxercised all judicial aPPeal rights.

iC) ttr" tuipuy", tras entered into an installment agreement pursuant to l.R.C $6l59 The taripayer is making timely payments and is in fuli compliance with the agreement terms The raxpayer is not delnquent Leiause the taxpayer is not currently required to makc full payment.

(Dj Tie taxpayer has filed for bankruptcy proteotion. Th9 taxpayer is not delinquent because enforced coilection acrion is staycd under I I U,S.C. $362 (the Bankruptcy Code).

(i) Certific nou'ledge of Order I

Contractin In paragraph s solicit included in the List ring Contract Labor' ed at

22 1503(b) l Pase 12 or27

( 1) Listed End Product

:Listed End Producr: ,Listed Countries of Origin:

(2) Certification. If the Contracting Officer has identified end products and countries of origin in paragraph (i)( I ) of this provision, then the offeror must certi! to either (i)(2Xi) or (i)(2Xii) by checking the appropriate block.l fl (i) The offeror will not supply any end product listed in palagraph (i)(l) ofthis provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

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

Q) Place of nanufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products,) For statisticai purposes only, the offeror shall indicate whether the place of manufacture of the end Products it expects to provide in response to this solicitation is predominantly- ( l) ! In the United Srates (Check this box if the total anticipated price ofoffered end products manufactured in the United States exceeds the total anticipated price ofoffered end products manufactured outside the United States); or

(2) Ll Outside the United States,

(k) Cenificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance wrth rgspect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph

(k)( I ) or (k)(2) applies.l ( I ) [J Maintenance, calibration, or repair of certain equ ipment as described in FAR 22.1003-4(c)( | ), The offeror ll does [_] does not certifo that-

(i) The itens of equipment to be serviced under this contract are used regularly for other than

Governmental purposes and are sold or traded by the offeror (or subcontractor in the case ofan exempt subcontract) in substantial quandties to the general public in the course of normal business operattons:

(ri) The services will be furnished at prices which are, or are based on, established catalog or rnarket prices (see FAR 22. 1003 -a(c)(2)(ii)) for the maintenance, calibration, or repair of such equipmenl; and

(iii) The compensation (wage and fringe benefits) plan for all service employees perfonning rvork under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) [J Certain services as described in FAR 22.1003-4(d(l). The otTeror l] does fl does not ceniry that-

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

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

(iii) Ea;h servicc employee who will perfo I the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 perc€nt of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Govemment contract; and

(iu; Th. .o11p.nrution (wage and fringe benefits) plan for all service employees performing work under ihe contract ii the same as ihat used f'or these employees and equivalent emptoyees servicing commetcial customers.

(3) Ifparagraph (kXl) or (k)(2) of this clause applies-' liyif ine offeior dbes nor certiry rc the conditions in paragraph (k[ I ) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Smndards wage ditermination to the solicitation, the offeror shall notify the Contracting Officer as soon as possiblel and

P6ge l3 of 2i

(ii) The Contracting Offrcer may not make an award to the offeror ifthe offeror fails to execute the certification in paragraph (k)(l) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (kX3Xi) of this clause.

(l) Taxpayer idenrification number (TIN) (26 U.S.C. 6109, 3l U.S.C. 7701). G\1or applicable ifthe offeror is required to provide this information to the SAM database to be eligible for award.)

(l) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) ofthis provision to comply with debt collection requirements of 3 I U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C.

604 I , 604 lA, and 6050M, and implementing regulations issued by the Internal Revenue Service (lRS).

(2) The TIN may be used by the government io collect and report on any delinquent amounts arising out of tho offeror's relationship with the Covemment (3 I U.S.C.7701(c)(3)). Ifthe resulting contract is subject to the payment reporting requirements described in FAR 4,904, the TtN provided hereunder rnay be matched with IRS records to veriry the accuracy of the offeror's TIN.

(3) Taxpayer ldentification Number (TIN).

II TIN:

ll TIN has been applied for.

[_] TIN is not required because:

l] Offeror is a nonresident alien, foreign corporation, or foreign partnership that do€s not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[_] Offeror is an agency or instrumentality ofa foreign government;

[_] Offeror is an agency or instrumentality of the Federal Govemment;

(4) Type of organization.

[J Sole proprietorship;

fl Pannership;

U Corporate enlity (not tax-exempt);

U Corporate entity (tax-€xempt);

[_] Govemment entity (Federal, State, or local);

[_] Foreign government;

[_] lnternational organizalion per 26 CFR 1.60494i ll Other _ ._ .

(5) Common parent.

l| Offeror is not owned or conbolled by a common parent f] Name and TIN of common parent:

Name_ , _.

TIN

(m) Resnicted business ope oi its offer, the offeror certifies that the offeror docs not conduct any restdcted business operations in Sudan'

(n) Prohibition on Contracting with Invert€d Domestic Corporations-

(l) Covernment ag"nii", ".e not permitted to use appropristed (or otherwise made available) funds for contracts with either an invened domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9. 108-2(b) applies or the requirement is waived in accordance with the procedures at 9.1 0t'4.

(2) Representation The offeror represents thal-

(i) It Ll is, I l is not an inverled domestic corporation; and

(ii) lt [ ] is, I I is not a subsidiary of an inverted domestic corporation'

(o) Prohibition on contracting with entities engaging in certain activities or transactions r€lating to lran'

(l) The offeror shallimail questions mncerning sensitive technolory to the Depattment ofStatc at

CISADA 106@state'cov.

(2) Re aPPl in ParagraPh

(oxl) ' o"'n ensitive technology to the government of lran or an ed or or acting on behalfor at the d (ii)Certifiesthatcontrolledbytheofferor,doesnolengage|nany activities for whi section 5 ofthe lran Sanctions Act; and

Pagc 14 of27

(iii) Cenifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with lran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. l70l et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at h-qp-

(l) The representation and certification requirements of paragraph (o[2) ofthis provision do not apply if-

(i) This solicitation includes a trade agreements c€rtiftcation (e.g., 52.212-3(g or a comparable agency provision); and

(ii) The offeror has certified thal all the off€r€d products to be supplied are designated country end products.

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requiremenl to be registered in SAM or a requirement to have a unique entity identifier in the solicitation.

( l) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. [f the Offeror has more than one immediate owner (such as ajoint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) ofthis provision for each panicipant in thejoint venture.

(2) lf the Offeror indicates "has" in paragraph (pX I ) of this provision, enter the following information:

Immediate owner CACE code:

lmmediate owner legal name:

(Do not use a "doing business as" name) ls the immediate owner owned or controlled by another entiry:

[]Yesor[]No.

(3) Ifthe Offeror indicates "yes" in paragraph (p)(2) ofthis provision, indicating that the immediate owner is orvned or controlled by another entity, then enter the following information:

Highest level owner CAGE code:* Highest level owner legal name:_

(Do not use a "doing business as" name)

(q) Representation b),Corporations Regarding Delinquent Tax Liabilily or a Felony Conviclion under any Federal Law.

( t ) As required by section 7 44 and 7 45 of Division E of the Consolidated and Funher Continuing Appropriations Act,20l5 (Pub. L. ll3-235), and similar provisions, ifcontaincd in subscquent appropriations acts, the

Covernment will not enter into a contract with any corporation that-

(i) Has any unpaid Federal tax liability that has been assessed, for which alljudicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has considered suspension or debsrment of th€ corporation and made a determination that suspension or debarment is not necessary to protect the interests ofthe Government: or

(ii) Was convicted ofa felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determinalion that this action is not necessary to protect the interests of the Government.

(2) The Offeror represents tltat--

(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which alljudicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the aulhority responsible for collecting the tax

Iiabilityl and (iD It is t ] is not [ ] a corporation that was convicted ofa felony criminal violation under a Federal law within the preceding 24 months-

(r) predecessor of Offeror. (Applies in all solicitations that include the provlsion at 52.204- 16, Commercial and

Covernmen! Entity Code Reporting.)

(l)TheOfferorrepres€nrsthatitl]isor[]isnotasucoessortoapredecessorthatheldaFederal contract or grant within the last lhree Years.

i2; Ifth. Offe.o, has indicated "is" in paragraph (r)()) ofthis provision, enter the following intbrmation for all predecessors that held a Federal contract or grant \rithin the last three years (if more than one predecessor, list in reverse chronological order):

(or mark "Unknown).

Pagc I5 of27 Predecessor CAGE code

Predecessor legal name:

(Do not use a "doing business as" name).

(s) Representation regarding compliance with labor laws (Executive Order 13673). lf the offeror is ajoint venture that is not its€lfa separate legal entity, each concern participating in thejoint venture shall separately comply with the requirements of this provision

( I )(i) For solicitations issued on or after October 25,2016 through April 24,2017: The Offeror [ ] does [ ] does not anticipate submining an offer with an estimated contract value of greatcr than $50 milJion.

(ii) For solicitations issued after April24,2017: The Off'eror [ ] does [ ] does not anticipate submitting an offer with an estimated contract value of greater than $500,000.

(2) lf the Offeror checked "does" in paragraph (s)(l)(i) or (ii) ofthis provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]:

[ ](i) There has been no administrative merits determination, arbirral award or decision, or civiljudgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date ofthe offer, whichever period is shorter; or [ ](ii) There has been an administrative merits determination, arbitral award or decision, or civiljudgment for any labor law violation(s) rendered against the Offeror during the period begirining on October 25, 2015 to the date of the offer, or for three years preceding the date ofthe offer, whichever period is shoner.

(3Xi) lf the box at paragraph (s)(2xii) ofthis provision is checked and the Contracting Officer has initiated a resPonsibility determination and has requested additional information, the Offeror shall provlde--

(A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already cunent, accurate, and complete in SAM. This information rvill be publicly available in the Federal Awardee Performance and lntegrity lnformation System (FAPIIS):

(1) The labor law violated.

(2) The case number, inspection number, charge number, docket number, or other unique identification number.

(3) The date rendered.

(4) The name ofthe court, arbitrator(s), agency, board, or commission that rendered the determination or decision;

(B) The administrative merits determination, arbitral award or decision, or civiljudgment document, to the Contracting Officer, ifthe Contracting Officer requires it;

(C) ln SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provjde explanatory text and upload documents.