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SOLICITATION F3QCCM8079A002 is issued as a Request for Quotation (RFQ)
| This | is | a | combined | synopsis/solicitation | for | commercial | items | prepared | in | accordance | with | the | format | in | |
| FAR | subpart | 12.6 | as | supplemented | with | additional | information | included | in | this | notice. | | This | | |
| announcement | constitutes | the | only | solicitation; | quotes | are | being | requested | and | a | written | solicitation | will | | |
| not | be | issued. | | This | solicitation | is | being | conducted | under | Simplified | Acquisition | Procedures | (SAP) | as | a |
| Request | for | Quote | (RFQ) | No. | F3QCCM8079A002. | | | | | | | | | | |
THIS SOLICITATION IS A 100% TOTAL SMALL BUSINESS SET‐ASIDE.
| SMALL | BUSINESS | SIZE | STANDARD |
| (a) NAICS: | 333999 | | |
| (b) No. | of | Employees: | 500 |
| (c)Dollars: | N/A | | |
REQUIREMENT:
| ROBOTIC | GRIT | BLAST | BOOTH | SYSTEM, | Building | (B)169 | | | | | | | | | | | |
| This | is | a | Firm | Fixed | Price | (FFP) | competitive | requirement | to | purchase | and | install | a | new | and | complete | |
| Robotic | Grit | Blast | Booth | System | in | B169 | IAW | Purchase | Description | dated | 27 | Apr | 2018. | | Installation | of | the |
| Robotic | Grit | Blast | Booth | System | for | B169 | shall | be | completed | 15 | months | after | contract | award. | In | addition, | |
| training | and | production | support | shall | not | exceed | 3 | (three) | months | following | installation. | The | total | Period | | | |
| of | Performance | (PoP) | shall | not | exceed | 18 | months. | Price(s) | should | be | FOB | Destination | (Robins | AFB | GA | | |
| 31098). | | In | addition | to | price | and | delivery, | quote | should | include | your | CAGE | code, | DUNS | number, | and | |
| taxpayer | ID | number. | | A | Justification | for | Brand | Name | will | be | utilized | to | obtain | the | procurement | of | certain |
| requirements. | | The | Brand | Name | Justification | will | be | posted | with | the | RFQ. | | | | | | |
The following CLINs are applicable to the effort:
| CLIN | 0001 | – | Material | to include Installation | | | | |
| CLIN | 0002– | Path | Planning | Software | ‐ | System | Enhancement | |
| CLIN | 0003– | Part | Localization | System | - System Enhancement | | | |
| CLIN | 0004 | – | A001 | Contractor’s | Standard | Operating | Procedure | |
| CLIN | 0005 | – | A002 | Accident/Incident | Report | | | |
| CLIN | 0006 | – | A003 | Commercial | Off‐The‐Shelf | Equipment | Manual | Requirements |
| CLIN | 0007– | A004 | Project | Planning | Chart | | | |
| CLIN | 0008 | – | A005 | Training | Materials | | | |
| CLIN | 0009– | A006 | Acceptance | Test | Plan | – | Factory | |
| CLIN | 0010 | –A007 | Acceptance | Test | Plan | – | Site | |
| Delivery | Information: | Delivery | instructions | will | be | provided | in | the | award | document | by | the | technical |
| point | of | contact. | | | | | | | | | | | |
| Quotations | should | be | emailed | to | Christian | Raffield | at | Christian.Raffield@us.af.mil | no | later | than | 31 | May | | | | |
| 2018, | 1:00 | pm | EST. | The | anticipated | award | date | is | 29 | Jun | 2018. | Please | do | not | request | award | status |
| prior | to | this | date. | | | | | | | | | | | | | | |
| The | following | clauses | are | applicable | to | subject | solicitation | (current | through | 2005‐96 | dated | 06 | NOV | 17 |
| and | DFARS | Change | Notice | 20171228): | | | | | | | | | | |
| FAR | 52.203 | 3 | Gratuities | (APR | 1984) | (10 | U.S.C. | 2207) | | | | |
| FAR | 52.204‐7 | | | System | for | Award | Management | | | | | |
| FAR | 52.204‐13 | System | for | Award | Management | Maintenance | | | | | | |
| FAR | 52.212‐1 | | | Instructions | to | Offerors | | | | | | |
| FAR | 52.212‐4 | Contract | Terms | and | Conditions | ‐ | Commercial | Items | | | | |
| FAR | 52.219‐6, | Notice | of | Total | Small | Business | Set‐Aside | (June | 2003) | (15 | U.S.C. | 644). |
| FAR | 52.222‐50, | Combating | Trafficking | in | Persons | (Aug | 2007) | (Applies | to | all | contracts). | |
| FAR | 52.223‐11 | ‐‐ | Ozone‐Depleting | Substances | and | High | Global | Warming | Potential | Hydrofluorocarbons | | |
| FAR | 52.228‐5 | Insurance—Work | on | a | Government | installation | (JAN | 1997)(IAW | FAR | 28.310) | | |
| FAR | 52.232‐33 | Payment | by | Electronic | Funds | Transfer‐‐ | System | for | Award | Management. | | |
| FAR | 52.237‐1 | Site | Visit | | | | | | | | | |
| FAR | 52.237‐2 | Protection | of | Government | Buildings, | Equipment | and | Vegetation | | | | |
| FAR | 52.246‐16 | | | Responsibility | for | Supplies | (APR | 1984) | (IAW | FAR | 46.316) | |
| FAR | 52.243‐1 | Changes‐Fixed | Price | (AUG | 1987) | (IAW | FAR | 43.205(a)(1) | | | | |
| FAR | 52.247‐34 | FOB | Destination | | | | | | | | | |
| FAR | 52.249‐2 | Termination | for | Convenience | of | the | Government | (Fixed‐Priced) | (OCT | 2010) | | |
| (IAW | FAR | 48.201(b), | FAR | 48.201(f)) | | | | | | | | |
| FAR | 52.249‐8 | Default | (Fixed‐Priced | Supply | and | Service) | (APR | 1984)(IAW | FAR | 49.504(a)(1)) | | |
| FAR | 52.252‐1 | Solicitation | Provisions | Incorporated | by | Reference | | | | | | |
| This | solicitation | incorporates | one | or | more | solicitation | provisions | by | reference, | with | the | same | force | and | | | | |
| effect | as | if | they | were | given | in | full | text. | Upon | request, | the | Contracting | Officer | will | make | their | full | text |
| available. | 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 | of | those |
| provisions, | the | offeror | may | identify | the | provision | by | paragraph | identifier | and | provide | the | appropriate | | | | | |
| information | with | its | quotation | or | offer. | Also, | the | full | text | of | a | solicitation | provision | may | be | accessed | | |
| electronically | at | this/these | address | (es): | | | | | | | | | | | | | | |
http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm http://farsite.hill.af.mil/vmaffara.htm
| FAR | 52.252‐5 | Authorized | Deviations | in | Provisions: | (a) | The | use | in | this | solicitation | of | any | Federal |
| Acquisition | Regulation | (48 | CFR | Chapter | 1) | provision | with | an | authorized | deviation | is | indicated | by | the |
| addition | of | "(DEVIATION)" | after | the | date | of | the | regulation | | | | | | |
| (b) The | use | in | this | solicitation | of | any | DFARS | (48 | CFR | Chapter | 2) | provision | with | an | authorized | deviation | is |
| Clauses | Incorporated | by | Reference: | | fill‐in: | | www.farsite.hill.af.mil | | | | | | | | | | |
| DFARS | 252.203‐7000 | Requirements | Relating | to | Compensation | of | Former | DOD | Officials | | | |
| DFARS | 252.204‐7004 | Alternate | A, | System | for | Award | Management. | | | | | |
| DFARS | 252.204‐7008 | Compliance | with | Safeguarding | Covered | Defense | Information | Controls | | | | |
| DFARS | 252.204‐7012 | Safeguarding | Covered | Defense | Information | and | Cyber | Incident | Reporting | | | |
| DFARS | 252.211‐7003 | Item | Unique | Identification | and | Valuation. | 1st | fill | in: | N/A | | |
| DFARS | 252.211‐7008 | Use | of | Government‐Assigned | Serial | Numbers | | | | | | |
| DFARS | 252.225‐7001 | Buy | American | Act | and | Balance | of | Payments | Program | | | |
| DFARS | 252.232‐7003 | Electronic | Submission | of | Payment | Requests | and | Receiving | Reports | | | |
| DFARS | 252.232‐7010 | Levies | on | Contract | Payments | | | | | | | |
| DFARS | 252.243‐7002 | Requests | for | Equitable | Adjuustment | (DEC | 2012) | (IAW | DFARS | 243.205‐71) | | |
| DFARS | 252.223‐7006 | Prohibition | of | Storage, | Treatment, | and | Disposal | of | Toxic | or | Hazardous | Material‐‐ |
| Basic | (SEP | 2014)(IAW | DFARS | 223.7106)(IAW | DFARS | 223.7106) | | | | | | |
| AFFARS | 5352.201‐9101 | Ombudsman | – | Michelle | Ponsell | (Michelle | Ponsell@us.af.mil; | 312‐472‐4097) | | | | |
| AFFARS | 5352.223‐9001 | Health | and | Safety | on | Government | Installations | | (NOV | 2012) | (IAW | AFFARS |
5323.9001)
5352.242‐9000 Contractor Access to Air Force Installations
| As | prescribed | in | 5342.490‐1, | insert | a | clause | substantially | the | same | as | the | following | clause | in | solicitations |
| and | contracts: | | | | | | | | | | | | | | |
CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
| (a) The | contractor | shall | obtain | base | identification | and | vehicle | passes, | if | required, | for | all | contractor | | | |
| personnel | who | make | frequent | visits | to | or | perform | work | on | the | Air | Force | installation(s) | cited | in | the |
| contract. | Contractor | personnel | are | required | to | wear | or | prominently | display | installation | identification | | | | | |
| badges | or | contractor‐furnished, | contractor | identification | badges | while | visiting | or | performing | work | on | the | | | | |
installation.
| (b) The | contractor | shall | submit | a | written | request | on | company | letterhead | to | the | contracting | officer | listing | | | |
| the | following: | contract | number, | location | of | work | site, | start | and | stop | dates, | and | names | of | employees | and | |
| subcontractor | employees | needing | access | to | the | base. | The | letter | will | also | specify | the | individual(s) | | | | |
| authorized | to | sign | for | a | request | for | base | identification | credentials | or | vehicle | passes. | The | contracting | | | |
| officer | will | endorse | the | request | and | forward | it | to | the | issuing | base | pass | and | registration | office | or | Security |
| Forces | for | processing. | When | reporting | to | the | registration | office, | the | authorized | contractor | individual(s) | | | | | |
| should | provide | a | valid | driver’s | license, | current | vehicle | registration, | and | valid | vehicle | insurance | | | | | |
| certificate, | to | obtain | a | vehicle | pass. | | | | | | | | | | | | |
| (c) During | performance | of | the | contract, | the | contractor | shall | be | responsible | for | obtaining | required | | |
| identification | for | newly | assigned | personnel | and | for | prompt | return | of | credentials | and | vehicle | passes | for |
| any | employee | who | no | longer | requires | access | to | the | work | site. | | | | |
| (d) When | work | under | this | contract | requires | unescorted | entry | to | controlled | or | restricted | areas, | the |
| contractor | shall | comply | with | AFI | 31‐101, | Integrated | Defense, | and | AFI | 31‐501, | Personnel | Security | Program |
| Management | citing | the | appropriate | paragraphs | as | applicable. | | | | | | | |
| (e) Upon | completion | or | termination | of | the | contract | or | expiration | of | the | identification | passes, | the | prime |
| contractor | shall | ensure | that | all | base | identification | passes | issued | to | employees | and | subcontractor | | |
| employees | are | returned | to | the | issuing | office. | | | | | | | | |
(f) Failure to comply with these requirements may result in withholding of final payment.
AFFARS 5352.223‐9001 Health and Safety on Government Installations (NOV 2012) (IAW AFFARS 5323.9001)
| 52.209‐11 | – | Representation | by | Corporations | Regarding | Delinquent | Tax | Liability | or | a | Felony |
| Convication | under | any | Federal | Law | | | | | | | |
| (a) As | required | by | sections | 744 | and | 745 | of | Division | E | of | the | Consolidated | and | Further | Continuing |
| Appropriations | Act, | 2015 | (Pub. | L | 113‐235), | and | similar | provisions, | if | contained | in | subsequent | | | |
| appropriations | acts, | the | Government | will | not | enter | into | a | contract | with | any | corporation | that‐‐ | | |
| (1) Has | any | unpaid | Federal | tax | liability | that | has | been | assessed, | for | which | all | judicial | 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 | an | agency | has | considered | |
| suspension | or | debarment | of | the | corporation | and | made | a | determination | that | suspension | or | | | | |
| debarment | is | not | necessary | to | protect | the | interests | of | the | Government; | or | | | | | |
| (2) Was | convicted | of | a | 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 | determination | that | this | action | is | not |
| necessary | to | protect | the | interests | of | the | Government. | | | | | | | |
(b) The Offeror represents that—
| (1) It | is | [ | ] | is | not | [ | ] | a | corporation | that | has | any | unpaid | Federal | tax | liability | that | has | been | assessed, |
| for | which | all | judicial | 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; | and | | | | | | | | | | | | | | | | |
| (2) It | is | [ | ] | is | not | [ | ] | a | corporation | that | was | convicted | of | a | felony | criminal | violation | under | a | Federal |
| law | within | the | preceding | 24 | months. | | | | | | | | | | | | | | | |
(End of provision)
52.212‐2 ‐‐ Evaluation ‐‐ Commercial Items.
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation ‐‐ Commercial Items (Oct 2014)
| (a) The | Government | will | award | a | contract | resulting | from | this | solicitation | to | the | responsible | offeror | | |
| whose | offer | conforming | to | the | solicitation | will | be | most | advantageous | to | the | Government, | price | and | other |
| factors | considered. | The | following | factors | shall | be | used | to | evaluate | offers: | | | | | |
(i) technical capability of the item offered to meet the Government requirement
(ii) terms and conditions of the RFQ
(ii) offers the lowest reasonable and balanced price
| The | Government | will | evaluate | each | offeror's | proposed | prices | submitted | in | completed | RFQ, | for | | | | | |
| reasonableness | and | balance | as | discussed | in | the | following | paragraphs | (i) | and | (ii). | | Offerors | are | advised | to | |
| review | all | data | items | and | ensure | that | they | are | proposing | to | the | specific | data | requirements | and | level | of |
| effort | involved. | | | | | | | | | | | | | | | | |
| Reasonableness: | | The | existence | of | adequate | price | competition | is | expected | to | support | a | | |
| determination | of | reasonableness. | | Price | analysis | techniques | may | be | used | to | validate | price | | |
| reasonableness. | | If | adequate | price | competition | is | not | obtained | and/or | if | price | reasonableness | cannot | be |
| determined | using | price | analysis | of | Government | obtained | information, | additional | information | in | may | be | | |
| required | to | support | the | proposed | price. | | | | | | | | | |
| Balance: | Unbalanced | pricing | exists | when, | despite | an | acceptable | price, | the | price | of | one | or | more | | |
| contract | line | items | is | significantly | overstated | or | understated | as | indicated | by | the | application | of | proposal | | |
| analysis | techniques. | | The | Government | will | analyze | the | proposed | prices | to | determine | whether | there | are | | |
| unbalanced | separately | priced | line | items. | | Prices | submitted | will | be | compared | and | evaluated | to | assure | that | |
| a | logical | progression | exists | as | related | to | price | and | quantity | changes | within | each | offeror’s | response | to | the |
| pricing | structure | in | the | Schedule. | Offerors | are | cautioned | against | submitting | an | offer | that | contains | | | |
| unbalanced | pricing; | offers | that | are | determined | to | be | unbalanced | may | be | rejected | if | the | lack | of | balance |
| poses | an | unacceptable | risk | to | the | Government. | | | | | | | | | | |
| (b) Options. | The | Government | will | evaluate | offers | for | award | purposes | by | adding | the | total | price | for | all | |
| options | to | the | total | price | for | the | basic | requirement. | The | Government | may | determine | that | an | offer | is |
| unacceptable | if | the | option | prices | are | significantly | unbalanced. | Evaluation | of | options | shall | not | obligate | the | | |
| Government | to | exercise | the | option(s). | | | | | | | | | | | | |
| (c) A | written | notice | of | award | or | acceptance | of | an | offer, | mailed | or | otherwise | furnished | to | the | successful | | | |
| offeror | within | the | time | for | acceptance | specified | in | the | offer, | shall | result | in | a | binding | contract | without | | | |
| further | action | by | either | party. | Before | the | offer’s | specified | expiration | time, | the | Government | may | accept | an | | | | |
| offer | (or | part | of | an | offer), | whether | or | not | there | are | negotiations | after | its | receipt, | unless | a | written | notice | of |
| withdrawal | is | received | before | award. | | | | | | | | | | | | | | | |
(End of Provision)
IAW FAR 52.212‐3, Reps/Certs should be completed on‐line at SAM Federal Registration.
52.212‐3 ‐‐ Offeror Representations and Certifications ‐‐ Commercial Items.
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications ‐‐ Commercial Items (Nov2017)
| 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 | | | | |
| located | at | http://www.sam.gov/portal. | If | the | Offeror | has | not | completed | the | annual | representations | and | | | | |
| certifications | electronically, | the | Offeror | shall | complete | only | paragraphs | (c) | through | (u) | 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—
| (6) 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 | | | | | |
| (7) 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.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
| “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.
| “Successor” | means | an | entity | that | has | replaced | a | predecessor | by | acquiring | the | assets | and | carrying | out | the |
| affairs | of | the | predecessor | under | a | new | name | (often | through | acquisition | or | merger). | The | term | “successor” | |
| does | not | include | new | offices/divisions | of | the | same | company | or | a | company | that | only | changes | its | name. |
| The | extent | of | the | responsibility | of | the | successor | for | the | liabilities | of | the | predecessor | may | vary, | depending |
| on | State | law | and | specific | circumstances. | | | | | | | | | | | |
“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 | SAMwebsite. | | | | | | | | | | |
| (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 | (u) | 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: | | | | | | |
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
| (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:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
| (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.:
[List as necessary]
| (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:
Line Item No.: Country of Origin:
[List as necessary]
| (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: | | | |
Line Item No.: Country of Origin:
[List as necessary]
| (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
Line Item No.: Country of Origin:
[List 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 | 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 | $3,500 | 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)). | If | the | | | |
| resulting | contract | is | subject | to | the | payment | reporting | requirements | described | in | FAR | 4.904, | the | | | |
| TIN | provided | hereunder | may | be | matched | with | IRS | records | to | verify | the | accuracy | of | the | offeror’s | |
TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
| [_] | Offeror | is | a | nonresident | alien, | foreign | corporation, | or | foreign | partnership | that | does | 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 of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax‐exempt);
[_] Corporate entity (tax‐exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049‐4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
| (m) Restricted | business | operations | in | Sudan. | By | submission | of | its | offer, | the | offeror | certifies | that | the | offeror |
| does | not | conduct | any | restricted | business | operations | in | Sudan. | | | | | | | |
(n) Prohibition on Contracting with Inverted Domestic Corporations—
| (1) Government | agencies | are | not | permitted | to | use | appropriated | (or | otherwise | made | available) | | | |
| funds | for | contracts | with | either | an | inverted | 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 | 9.108‐4. | | | | | | | | | |
(2) Representation. The offeror represents that—
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a…
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