Questions_and_Answers_-_Amendment_3.docx

RFQ - SOLICITATION DOC-52-PAPT-15-00021

ID/IQ Program for General Purpose Information Technology (IT) Equipment and Software Attachment 1 - Questions and Answers

The following questions were received before Q&A period due date outlined in the solicitation but were inadvertently left off by the Government.

1. On page 3 beside point 2 near the bottom, the Government states a page limitation of 20 pages. Is this 20 page limitation strictly applicable to the optional catalogs and brochures only?

Answer: No.

2. On page 3 beside point 2 near the bottom, the Government states a page limitation of 20 pages. Does this 20 page limitation include the entire capabilities statement which is comprised of relevant experience, qualifications, ability to provide a broad range of general purpose IT products, and optional catalogs and brochures?

Answer: The page limitation of 20 pages includes the entire capabilities statement. OEM and distributor letters and catalogs and brochures are excluded from this 20 page limitation.

Answer: No. Please see the Answer above. This page limitation is only subject to catalogs and brochures.

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Microsoft_Word_Document1.docx

RFQ - SOLICITATION DOC-52-PAPT-15-00021

Amendment 2

ID/IQ Program for General Purpose Information Technology (IT) Equipment and Software

In accordance with Federal Acquisition Regulation (FAR) Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Items, the USPTO is hereby issuing a combined synopsis/solicitation for its “ID/IQ Program for General Purpose IT Equipment and Software.”

The United States Patent and Trademark Office (USPTO) intends to establish a multiple award Indefinite Delivery/Indefinite Quantity (ID/IQ) contract program for the purpose of fulfilling a broad range of commercial information technology (IT) requirements throughout the enterprise. It is anticipated that as a result of this combined synopsis/solicitation, responsible and successful offerors will be issued an ID/IQ contract and that these selected offerors will comprise the multiple award ID/IQ program titled “ID/IQ Program for General Purpose IT Equipment and Software.” Currently there are 22 contractors participating in the existing ID/IQ program. All of these contracts will expire June 30, 2015.

Over the next seven (7) years, the USPTO anticipates purchasing a substantial amount of non-desktop IT supplies and related software, while the specific items and quantities are not definite, the establishment of this ID/IQ program is intended to result in economies by significantly reducing procurement lead-times, promote adequate competition among pre-selected highly rated suppliers, and achieve agency goals in utilizing small business concerns. The USPTO’s IT product requirements for fiscal year (FY) 2014 were approximately $48 million.

This ID/IQ program will serve as one-stop-shop offering a broad range of computer hardware and software products to include computer hardware, software and licenses, hardware/software maintenance, and related services that are similar to those found under other government wide acquisition contracts. Examples of items that the USPTO may procure include but are not limited to: servers, server racks, color scanners, mass storage units, fiber channel ports and fabric management software for Cisco Systems, dual port fiber channel cards, routers, switches, security software, automated tape libraries, data tape cartridges, security software, software maintenance, virus control software, security software, installation of multi-vendor computer equipment, customization of hardware or software, training and product technical support. The offeror must be able to demonstrate that they can supply the USPTO a vast array of IT products and brands to meet broad agency IT requirements. Currently, the USPTO has an existing contract vehicle under which it procures desktop computer hardware; therefore, at this time, requirements for these items are not anticipated to be purchased through this ID/IQ program.

The North American Classification System (NAICS) code for this agreement is as follows:

Number

Description

Size Standard

334118

Computer Terminal and Other Computer Peripheral Equipment Manufacturing

500 Employees

Period of Performance

The government contemplates awarding multiple ID/IQ contracts with a one-year base period and six (6) one-year option periods.

Base Period: July 1, 2015 through June 30, 2016

Option Year 1: July 1, 2016 through June 30, 2017

Option Year 2: July 1, 2017 through June 30, 2018

Option Year 3: July 1, 2018 through June 30, 2019

Option Year 4: July 1, 2019 through June 30, 2020

Option Year 5: July 1, 2020 through June 30, 2021

Option Year 6: July 1, 2021 through June 30, 2022

ID/IQ Contract Quantity Limits

1. Minimum Guaranteed Amount

The minimum that the government agrees to order per ID/IQ contract shall be $1.00 during the period of this contract. The guaranteed minimum applies only if the contract expires or the contract cancellation is initiated by the government. The guaranteed minimum does not apply if the contract is terminated for cause.

2. Maximum Order Amount

The maximum ordering amount per ID/IQ contract shall not exceed $20,000,000.00 over the life of the contract, or the seven (7) year period.

Ordering

The USPTO is the only government activity authorized to issue orders under these contracts. While the use of this ID/IQ contract program is highly encouraged, it is not a mandatory source of supply.

Future IT requirements will generally be competed amongst all offerors issued an ID/IQ contract using the ordering procedures set forth herein and at FAR subpart 16.505 - Ordering, which may include requests for price and/or technical quotations leading to the award of delivery orders and/or task orders. As each requirement will be competed among the ID/IQ vendors when the requirement occurs, there will not be any priced items listed in the contract. The USPTO reserves the right to set-aside individual requirements within the program for selected socio-economic concerns (e.g., HUBZone, EDWOSB, SDVOSB etc.), to accomplish specific socio-economic goals. IT purchases under any resulting contract may require compliance with Section 508 standards, as applicable.

Exceptions to Fair Opportunity [FAR 16.505(2)]

The CS/CO must provide each ID/IQ vendor a fair opportunity to be considered for each order exceeding $3,000.00 except under the following conditions:

1. The USPTO needs for supplies and services are so urgent that providing fair opportunity would result in unacceptable delays.

2. Only one ID/IQ vendor can provide the supplies or services required at the quality levels required because the supplies and service are so unique or highly specialized.

3. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

4. It is necessary to place an order to satisfy a minimum guarantee.

Delivery of Supplies

Place of delivery may vary but most hardware deliveries will be sent to the USPTO Warehouse located in Alexandria, VA 22310.

Provisions by Reference

52.204-16 - Commercial and Government Entity Code Reporting (Nov 2014)

52.204-7 - System for Award Management (July 2013)

52.209-7 - Information Regarding Responsibility Matters (July 2013)

Clauses by Reference

52.204-18 - Commercial and Government Entity Code Maintenance (Nov 2014)

52.204-13 - System for Award Management Maintenance (July 2013)

52.212-4 - Contract Terms and Conditions -- Commercial Items (Dec 2014)

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

52.212-1 -- Instructions to Offerors -- Commercial Items

For an offeror to be considered eligible for an award in response to this combined synopsis/solicitation, they shall be authorized or certified dealers or resellers of products that they are supplying to the government. The USPTO does not purchase “grey market” IT products from offerors who are not authorized to act as a distributor or reseller for such products. Offerors shall fulfill all orders issued under a resulting contract by supplying new equipment only. Offerors shall not fulfill any awarded order with used equipment and/or previously registered equipment (i.e. Original Equipment Manufacturers (OEMs) registered equipment), regardless if the equipment appears to be in original OEM packaging or shrink wrapped. Proof that new equipment has been registered with the OEM may be required as part of the order fulfillment process. Violation of this requirement may result in contract termination. Offerors responding to this combined synopsis/solicitation are required to have been in business for at least five (5) years. Being in business is defined as having been a reseller or dealer of commercial IT products that are similar in scope to this requirement. This requirement shall be met at the time of the solicitation closing date, no exceptions will be granted. Offerors that submit quotes who do not meet this requirement will be disqualified and eliminated from consideration. Offerors must have the financial resources and the technical ability to establish lines of credit and to qualify as authorized or certified dealers, resellers, or similar partner arrangements allowing for the fulfillment of USPTO broad requirements for general IT equipment and software.

This is a total small business set-aside. Any quotes received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

To be eligible for award of an ID/IQ contract in this program, interested small business concerns shall submit the following:

1. A cover page with basic company information, DUNS, and the NAICS code from page 1 of this solicitation for which the company is certified as a small business, and the small business socio-economic type if applicable.

2. A capabilities statement addressing its relevant experience, qualifications (i.e. OEM reseller certifications or authorizations), and ability to provide a broad range of general purpose IT products. Optional catalogs and brochures may be included as part of the capabilities statement, but this section shall not exceed 20 pages. Any fold-outs within brochures and catalogs will be counted as 1 page).

3. As part of the Government’s past performance evaluation process, the USPTO intends to use an offeror’s Dun & Bradstreet/Open Ratings. The offeror is required to submit past performance references through Dun & Bradstreet/Open Ratings (D&B) prior to submission of its offer.

A minimum of four (4) references must be provided on the request order to be processed by D&B, (https://www.supplierriskmanager.com/ppe-order/login.seam). However, D&B recommends providing up to 20 references to ensure D&B receives at least four completed responses. It is strongly recommended that the offeror proactively contact its references to request that they promptly respond to the D&B inquiries for past performance. The requests for past performance by D&B will be sent by email and will be filled out on an on-line survey. Any Offeror not receiving a past performance evaluation from D&B may risk receiving a “neutral” rating under the past performance factor.

D&B charges $190.00 for the past performance evaluation service, and Offerors are responsible for direct payment to D&B.

Each offeror must submit, with its quote, a confirmation that the past performance evaluation has been submitted to D&B. Confirmations of order for the Open Ratings report must include a screenshot of the order or a receipt from D&B, acknowledging the order.

D&B will provide the offeror who submitted the request for past performance a copy of the evaluation and will forward a copy to the USPTO. Please provide D&B with the following information as a contact: Cielo Ibarra, Contract Specialist, US Patent and Trademark Office, 600 Dulany St., MDE 7D30, Alexandria, VA 22314, email:

IDIQ.RFQ@uspto.gov and phone: 571-272-8825.

The USPTO will consider the results of the D&B report as a part of its evaluation of the offeror’s past performance; however, the government reserves the right to examine any available past performance information in conducting the evaluation of an offeror’s past performance.

Offeror’s references may include any contracts with the United States Federal Government, agencies within State and Local governments, and commercial customers. References from Governmentwide Acquisition Contracts (GWACs) which have not resulted in any awards will not be considered a valid past performance reference.

Contracts may be current contracts or completed contracts. Completed contracts must have been awarded or completed within the three years prior to the proposal due date noted in this solicitation.

Offerors shall have had, as of the proposal due date, at least one year of experience with the referenced customer.

References are specific to the offeror. If the offeror was recently acquired or merged with another entity, the references submitted must directly pertain to the experience of the offeror.

The experience of parent corporations, subsidiaries, affiliates, or joint ventures will not be considered.

4. Brief capabilities statement addressing “Other Value Added Factors,” not to exceed 3 pages. This page requirement is not included in item No. 2 above. “Other Value Added Factors” entails items the offeror can provide to the USPTO as an added benefit. “Other Value Added factors” may include, for example, availability of an internet or web-based products catalog, obtaining quotes on-line, ordering and on-line order tracking capability, credit card acceptance, flexible return policies, flexible hours of operation, distribution centers, technology consultants, use of Other Small Businesses as teaming partners, established partner relationships with major OEMs, and staging warehouses or facilities for equipment to be delivered to the USPTO fully assembled.

5. There are 18 specifications contained in Attachment A that are typical items and item quantities which USPTO has procured in the past year. The offeror must provide price samples for at least 10 of the items. The offeror must price “No. 12 – VNX 600GB 10K SAS 25X2.5 DPE/DAE” as part of the 10 items. It is the offeror’s choice as to which 9 other items it chooses to price. The offeror may price any of the item specifications, regardless of whether or not they are currently authorized to sell the items. Once the ID/IQ contracts are awarded, the offeror must be authorized to sell the products which they are quoting in response to the RFQ. The pricing samples will be used strictly for evaluation purposes only. There will not be any orders resulting from this price sample evaluation. The offeror should state the percentage and dollar amount of discount, if any, as an example of the types of discounts the offeror may quote to the USPTO. (If a part number has changed or been replaced for the hardware or software as a result of an upgrade by the manufacturer, the offeror is to price the most recent version or replacement part number. The offeror shall note the newpart or version number on its pricing documentation).

Submission Instructions

Offerors shall include with their package the following items and send to the address below via US Postal Service or another carrier of their choice:

1. One (1) original quote

2. Two (2) copies of the quote

3. One (1) CD-ROM containing an electronic copy of the quote

Via US Postal Service:

The United States Patent and Trademark Office

Office of Procurement

Attention: Cielo Ibarra, Contract Specialist

Solicitation No: DOC-52-PAPT-15-00021

PO Box 1450, Mail Stop 6

Alexandria, VA 22314-1450

If hand-delivered (non-US Postal Service, i.e. FedEx or UPS):

The United States Patent and Trademark Office

600 Dulany Street

Room: MDE7D30

Alexandria, VA 22314

Attention: Cielo Ibarra, Contract Specialist

Solicitation No: DOC-52-PAPT-15-00021

The due date for quotes is no later than 1:00 p.m. Contracting Officer’s Local Time, Monday, May 18, 2015. For any hand-delivered quotes, it is noted that the receipt office is in a secured building. Please call Cielo Ibarra at 571-272-8825 upon arrival for pickup in the lobby. Adequate time should be allowed for receipt and pickup of the quotes after arriving at the USPTO. All questions must be submitted by email no later than 5:00 p.m. Contracting Officer’s Local Time, Monday, April 27, 2015 to IDIQ.RFQ@uspto.gov. The questions will be answered and provided as an amendment to this synopsis/solicitation.

Primary Point of Contact:

Ms. Cielo Ibarra

Contract Specialist

Email: IDIQ.RFQ@uspto.gov

Phone: 571-272-8825

Secondary Point of Contact:

Ms. Marva Brown

Contracting Officer

Email: IDIQ.RFQ@uspto.gov

Phone: 571-272-6549

(End of Provision)

52.212-2 -- Evaluation -- Commercial Items

The USPTO will award multiple ID/IQ contracts resulting from this solicitation to the responsible small business vendors whose quote conforming to the solicitation will be most advantageous to the USPTO for inclusion in the program, all stated factors considered. The following factors shall be used to evaluate quotes:

1. Demonstrated ability to provide a broad range of general purpose IT products

2. Past performance, including use of D&B Open Ratings reports

3. Relevant experience supplying a broad range of IT products

4. Other value added factors

5. Price, based on pricing samples of Attachment A

Factors 1, 2, 3, and 4 are considered equal and when combined are significantly more important than Factor 5, price.

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Mar 2015)

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

(a) Definitions. As used in this provision--

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

“Forced or indentured child labor” means all work or service—

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

LINE ITEM NO.

COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

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

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

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

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

Canadian or Israeli End Products:

Country of Origin:

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

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

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

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

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

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

Other End Products

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

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

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

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

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

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

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

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

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

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product:

Listed Countries of Origin:

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

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

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

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

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

(2) [_] Outside the United States.

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

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

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

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

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

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

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

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

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

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

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)).