FA3047-13-R-0026_Washer-Dryer-Duct.doc

Section SF 1449 - CONTINUATION SHEET

Washers

FFP

Furnish and Maintain Washers, Electric. Estimated quantity is 688 each x 12 months.

FOB: Destination

SIGNAL CODE: A

ESTIMATED

NET AMT

Dryers, electric

Furnish and Maintain Dryers, Electric, Front Loading. Estimated quantity is 149 each x 12 months.

ESTIMATED

Dryers, gas

Furnish and Maintain Dryers, Gas, Front Loading. Estimated quantity is 232 each x 12 months.

ESTIMATED

Dryers, gas, stackable, 18 lb

Furnish and Maintain Dryers, Gas, Stackable, 18lb. 1 each = 1 drum. Estimated quantity is 43 sets, 86 each drums x 12 months.

ESTIMATED

Dryers, gas, stackable, 30lb

Furnish and Maintain Dryers, gas, stackable, 30lb. 1 each = 1 drum. Estimated quantity is 83 sets, 166 each drums x 12 months.

ESTIMATED

Dryers, electric, stackable, 18lb

Furnish and Maintain Dryers, electric, stackable, 18lb. 1 each = 1 drum. Estimated quantity is 98 sets, 196 each drums x 12 months.

ESTIMATED

Washers, WHASC

Furnish and Maintian Washers, Electric, at Wilford Hall Ambulatory Surgical Center. Estimated quantity is 2 each x 12 months.

ESTIMATED

Dryers, Electric, WHASC

Furnish and Maintain Dryers, Electric, at Wilford Hall Ambulatory Surgical Center. Estimated quantity is 2 each x 12 months.

ESTIMATED

Temp Lease Washers and Dryers

Temporary Lease Washers and Dryers. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $300.00.

ESTIMATED

Temp Lease Stackable Dryers

Temporary Lease stackable Dryers. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $300.00.

ESTIMATED

Remove/Reinstall Single Unit W&D

Remove and reinstall single unit Washers and Dryers. Estimated quantity is 15 each.

ESTIMATED

Remove/Reinstall Stackable W&D

Remove and reinstall stackable Washers and Dryers. Estimated quantity is 15.

ESTIMATED

System Modification

Reimbursement for system modification, in accordance with the PWS. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $426.64.

ESTIMATED

Dryer Duct Cleaning, Bi-Monthly

Dryer Duct Cleaning, Bi-monthly, in accordance with the PWS. Estimated quantity is 6.

ESTIMATED

Dryer Duct Cleaning, Quarterly

Dryer Duct Cleaning, Quarterly, in accordance with the PWS. Estimated quantity is 4.

ESTIMATED

Dryer Duct Cleaining, Annual

Dryer Duct Cleaining, Annual, in accordance with PWS. Estimated quantity is 1.

ESTIMATED

Reimbursement, Equipment Abuse

Reimbursement for equipment abuse, in accordance with the PWS. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN, ESTIMATED COST IS SET AT $1,000.00.

ESTIMATED

GFE Washers, Electric

Maintain GFE Washers, electric. Estimated quantity is 144 each x 12 months.

ESTIMATED

GFE Dryers, Electric, Stackable, 18lbs

Maintain GFE Dryers, electric, stackable, 18lbs. Estimated quantity is 96 sets, 192 each drums x 12 months.

ESTIMATED

GFE Washer/Dryer Combo, Electric

Maintain GFE Washer/Dryer combo, electric, stackable. Estimated quantity is 42 sets, 84 drums each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Washers, Electric. Estimated quantity is 688 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Electric, Front Loading. Estimated quantity is 149 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Gas, Front Loading. Estimated quantity is 232 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Gas, Stackable, 18lb. 1 each = 1 drum. Estimated quantity is 43 sets, 86 each drums x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, gas, stackable, 30lb. 1 each = 1 drum. Estimated quantity is 83 sets, 166 each drums x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, electric, stackable, 18lb. 1 each = 1 drum. Estimated quantity is 98 sets, 196 each drums x 12 months.

ESTIMATED

FFP

Furnish and Maintian Washers, Electric, at Wilford Hall Ambulatory Surgical Center. Estimated quantity is 2 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Electric, at Wilford Hall Ambulatory Surgical Center. Estimated quantity is 2 each x 12 months.

ESTIMATED

FFP

Temporary Lease Washers and Dryers. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $306.00.

ESTIMATED

FFP

Temporary Lease stackable Dryers. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $306.00.

ESTIMATED

FFP

ESTIMATED

FFP

ESTIMATED

FFP

Reimbursement for system modification, in accordance with the PWS. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $435.17.

ESTIMATED

FFP

Dryer Duct Cleaning, Bi-monthly, in accordance with the PWS. Estimated quantity is 6.

ESTIMATED

FFP

Dryer Duct Cleaning, Quarterly, in accordance with the PWS. Estimated quantity is 4.

ESTIMATED

FFP

ESTIMATED

FFP

Reimbursement for equipment abuse, in accordance with the PWS. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN, ESTIMATED COST IS SET AT $1,020.00.

ESTIMATED

FFP

Maintain GFE Washers, electric. Estimated quantity is 144 each x 12 months.

ESTIMATED

FFP

Maintain GFE Dryers, electric, stackable, 18lbs. Estimated quantity is 96 sets, 192 each drums x 12 months.

ESTIMATED

FFP

Maintain GFE Washer/Dryer combo, electric, stackable. Estimated quantity is 42 sets, 84 drums each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Washers, Electric. Estimated quantity is 688 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Electric, Front Loading. Estimated quantity is 149 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Gas, Front Loading. Estimated quantity is 232 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Gas, Stackable, 18lb. 1 each = 1 drum. Estimated quantity is 43 sets, 86 each drums x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, gas, stackable, 30lb. 1 each = 1 drum. Estimated quantity is 83 sets, 166 each drums x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, electric, stackable, 18lb. 1 each = 1 drum. Estimated quantity is 98 sets, 196 each drums x 12 months.

ESTIMATED

FFP

Furnish and Maintian Washers, Electric, at Wilford Hall Ambulatory Surgical Center. Estimated quantity is 2 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Electric, at Wilford Hall Ambulatory Surgical Center. Estimated quantity is 2 each x 12 months.

ESTIMATED

FFP

Temporary Lease Washers and Dryers. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $315.18.

ESTIMATED

FFP

Temporary Lease stackable Dryers. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $315.18.

ESTIMATED

FFP

ESTIMATED

FFP

ESTIMATED

FFP

Reimbursement for system modification, in accordance with the PWS. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $448.23.

ESTIMATED

FFP

Dryer Duct Cleaning, Bi-monthly, in accordance with the PWS. Estimated quantity is 6.

ESTIMATED

FFP

Dryer Duct Cleaning, Quarterly, in accordance with the PWS. Estimated quantity is 4.

ESTIMATED

FFP

ESTIMATED

FFP

Reimbursement for equipment abuse, in accordance with the PWS. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN, ESTIMATED COST IS SET AT $1,050.60.

ESTIMATED

FFP

Maintain Washers, electric. Estimated quantity is 144 each x 12 months.

ESTIMATED

FFP

Maintain GFE Dryers, electric, stackable, 18lbs. Estimated quantity is 96 sets, 192 each drums x 12 months.

ESTIMATED

FFP

Maintain GFE Washer/Dryer combo, electric, stackable. Estimated quantity is 42 sets, 84 drums each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Washers, Electric. Estimated quantity is 688 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Electric, Front Loading. Estimated quantity is 149 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Gas, Front Loading. Estimated quantity is 232 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Gas, Stackable, 18lb. 1 each = 1 drum. Estimated quantity is 43 sets, 86 each drums x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, gas, stackable, 30lb. 1 each = 1 drum. Estimated quantity is 83 sets, 166 each drums x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, electric, stackable, 18lb. 1 each = 1 drum. Estimated quantity is 98 sets, 196 each drums x 12 months.

ESTIMATED

FFP

Furnish and Maintian Washers, Electric, at Wilford Hall Ambulatory Surgical Center. Estimated quantity is 2 each x 12 months.

ESTIMATED

FFP

Furnish and Maintain Dryers, Electric, at Wilford Hall Ambulatory Surgical Center. Estimated quantity is 2 each x 12 months.

ESTIMATED

FFP

Temporary Lease Washers and Dryers. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $324.64.

ESTIMATED

FFP

Temporary Lease stackable Dryers. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $324.64.

ESTIMATED

FFP

ESTIMATED

FFP

ESTIMATED

FFP

Reimbursement for system modification, in accordance with the PWS. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN. ESTIMATED COST IS SET AT $461.68.

ESTIMATED

FFP

Dryer Duct Cleaning, Bi-monthly, in accordance with the PWS. Estimated quantity is 6.

ESTIMATED

FFP

Dryer Duct Cleaning, Quarterly, in accordance with the PWS. Estimated quantity is 4.

ESTIMATED

FFP

ESTIMATED

FFP

Reimbursement for equipment abuse, in accordance with the PWS. THIS IS COST REIMBURSEMENT, NOT TO EXCEED CLIN, ESTIMATED COST IS SET AT $1,082.12.

ESTIMATED

FFP

Maintain GFE Washers, electric. Estimated quantity is 144 each x 12 months.

ESTIMATED

FFP

Maintain GFE Dryers, electric, stackable, 18lbs. Estimated quantity is 96 sets, 192 each drums x 12 months.

ESTIMATED

FFP

Maintain GFE Washer/Dryer combo, electric, stackable. Estimated quantity is 42 sets, 84 drums each x 12 months.

ESTIMATED

Total Amount Base Year

Total Amount 1st Option Year

Total Amount 2nd Option Year

Total Amount 3rd Option Year

Total Contract Amount

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

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

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (DEVIATION)(AUG 2012)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the SAM database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor’s CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

“System for Award Management (SAM)” means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes—

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in CCR may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

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

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

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

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

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

(D) 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

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

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

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

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.

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 stock of which 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 its stock is owned by one or more women; or

(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…