08-R-0019.doc

Section SF 1449 - CONTINUATION SHEET

Months

Elevators Preventive Maintenance

FFP

Provide elevator preventive maintenance in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

PURCHASE REQUEST NUMBER: F3V3E18239A001

SIGNAL CODE: A

NET AMT

0001AA

Electric Elevator - 4 Landings

Provide monthly preventive maintenance for one (1) electric elevator located in Building 882 in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

0001AB

Electric Elevators - 5 Landings

Provide monthly preventive maintenance for three (3) electric elevators located in Building 1200 in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

0001AC

Electric Elevators - 6 Landings

Provide monthly preventive maintenance for three (3) electric elevators located in Building 1200 in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

0001AD

Hydraulic Elevators - 2 Landings

Provide monthly preventive maintenance for ten (10) hydraulic elevators located in Buildings 922, 960, 1012, 1025, 1045, 1600, 1900, 1917, and 1923 (2 elevators) in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

0001AE

Hydraulic Elevators - 3 Landings

Provide monthly preventive maintenance for ten (10) hydraulic elevators located in Buildings 312, 402, 632, 633, 1601, 1602, 1603, 1604, 1660, and 1661 in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

0001AF

Hydraulic Elevators - 4 Landings

Provide monthly preventive maintenance for four (4) hydraulic elevators located in Buildings 602, 622, 862, and 1670 in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

0001AG

Hydraulic Elevator - 6 Landings

Provide monthly preventive maintenance for one (1) hydraulic elevator located in Building 920 in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

0001AH

Hydraulic Elevator - 7 Landings

Provide monthly preventive maintenance for one (1) hydraulic elevator located in Building 1902 in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

Each

Elevator Tests (1 year, 3 year, 5 year)

Provide annual, three-year, and five-year tests in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

0002AA

Annual Tests

Provide annual tests for seven (7) electric elevators and 26 hydraulic elevators in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

0002AB

Three-Year Tests

Provide three-year tests for 26 hydraulic elevators in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

0002AC

Each

Five-Year Tests

Not required for the Basic Period of the contract - performance period 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

Emergency Service Calls

Provide emergency service calls in accordance with the Performance Work Statement during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

NET AMT

$7,500

Major Repairs Exceeding $2,000

Provide services for major repairs (including parts and labor) exceeding $2,000 in accordance with the Performance Work Statement, paragraph 1.4 and paragraph 1.4.2 during the Basic Period: 1 Oct 08 through 30 Sep 09.

FOB: Destination

Months

FFP

Provide elevator preventive maintenance in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

FOB: Destination

NET AMT

1001AA

FFP

Provide monthly preventive maintenance for one (1) electric elevator located in Building 882 in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

NET AMT

1001AB

FFP

Provide monthly preventive maintenance for three (3) electric elevators located in Building 1200 in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

NET AMT

1001AC

FFP

Provide monthly preventive maintenance for three (3) electric elevators located in Building 1200 in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

NET AMT

1001AD

FFP

Provide monthly preventive maintenance for ten (10) hydraulic elevators located in Buildings 922, 960, 1012, 1025, 1045, 1600, 1900, 1917, and 1923 (2 elevators) in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

NET AMT

1001AE

FFP

Provide monthly preventive maintenance for ten (10) hydraulic elevators located in Buildings 312, 402, 632, 633, 1601, 1602, 1603, 1604, 1660, and 1661 in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

NET AMT

1001AF

FFP

Provide monthly preventive maintenance for four (4) hydraulic elevators located in Buildings 602, 622, 862, and 1670 in accordance with the Performance Work Statement during Option Period one: 1 Oct 09 through 30 Sep 10.

NET AMT

1001AG

FFP

Provide monthly preventive maintenance for one (1) hydraulic elevator located in Building 920 in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

NET AMT

1001AH

FFP

Provide monthly preventive maintenance for one (1) hydraulic elevator located in Building 1902 in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

NET AMT

Each

FFP

Provide annual, three-year, and five-year tests in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

NET AMT

1002AA

FFP

Provide annual tests for seven (7) electric elevators and 26 hydraulic elevators in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

NET AMT

1002AB

FFP

Not required for Option Period One of the contract - performance period 1 Oct 09 through 30 Sep 10.

NET AMT

1002AC

Each

FFP

Not required for Option Period One of the contract - performance period 1 Oct 09 through 30 Sep 10.

NET AMT

FFP

Provide emergency service calls in accordance with the Performance Work Statement during Option Period One: 1 Oct 09 through 30 Sep 10.

NET AMT

$7,500

FFP

Provide services for major repairs (including parts and labor) exceeding $2,000 in accordance with the Performance Work Statement, paragraph 1.4 and paragraph 1.4.2 during Option Period One: 1 Oct 09 through 30 Sep 10.

Months

FFP

Provide elevator preventive maintenance in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

2001AA

FFP

Provide monthly preventive maintenance for one (1) electric elevator located in Building 882 in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

2001AB

FFP

Provide monthly preventive maintenance for three (3) electric elevators located in Building 1200 in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

2001AC

FFP

Provide monthly preventive maintenance for three (3) electric elevators located in Building 1200 in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

2001AD

FFP

Provide monthly preventive maintenance for ten (10) hydraulic elevators located in Buildings 922, 960, 1012, 1025, 1045, 1600, 1900, 1917, and 1923 (2 elevators) in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

2001AE

FFP

Provide monthly preventive maintenance for ten (10) hydraulic elevators located in Buildings 312, 402, 632, 633, 1601, 1602, 1603, 1604, 1660, and 1661 in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

2001AF

FFP

Provide monthly preventive maintenance for four (4) hydraulic elevators located in Buildings 602, 622, 862, and 1670 in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

2001AG

FFP

Provide monthly preventive maintenance for one (1) hydraulic elevator located in Building 920 in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

2001AH

FFP

Provide monthly preventive maintenance for one (1) hydraulic elevator located in Building 1902 in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

Each

FFP

Provide annual, three-year, and five-year tests in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

2002AA

FFP

Provide annual tests for seven (7) electric elevators and 26 hydraulic elevators in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

2002AB

Each

FFP

Not Required for Option Period Two of the contract - performance period 1 Oct 10 through 30 Sep 11.

NET AMT

2002AC

Each

FFP

Not required for Option Period Two of the contract - performance period 1 Oct 10 through 30 Sep 11.

NET AMT

FFP

Provide emergency service calls in accordance with the Performance Work Statement during Option Period Two: 1 Oct 10 through 30 Sep 11.

NET AMT

$7,500

FFP

Provide services for major repairs (including parts and labor) exceeding $2,000 in accordance with the Performance Work Statement, paragraph 1.4 and paragraph 1.4.2 during Option Period Two: 1 Oct 10 through 30 Sep 11.

Months

FFP

Provide elevator preventive maintenance in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3001AA

FFP

Provide monthly preventive maintenance for one (1) electric elevator located in Building 882 in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3001AB

FFP

Provide monthly preventive maintenance for three (3) electric elevators located in Building 1200 in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3001AC

FFP

Provide monthly preventive maintenance for three (3) electric elevators located in Building 1200 in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3001AD

FFP

Provide monthly preventive maintenance for ten (10) hydraulic elevators located in Buildings 922, 960, 1012, 1025, 1045, 1600, 1900, 1917, and 1923 (2 elevators) in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3001AE

FFP

Provide monthly preventive maintenance for ten (10) hydraulic elevators located in Buildings 312, 402, 632, 633, 1601, 1602, 1603, 1604, 1660, and 1661 in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3001AF

FFP

Provide monthly preventive maintenance for four (4) hydraulic elevators located in Buildings 602, 622, 862, and 1670 in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3001AG

FFP

Provide monthly preventive maintenance for one (1) hydraulic elevator located in Building 920 in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3001AH

FFP

Provide monthly preventive maintenance for one (1) hydraulic elevator located in Building 1902 in accordance with the Performance Work Statement Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

Each

FFP

Provide annual, three-year, and five-year tests in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3002AA

FFP

Provide annual tests for seven (7) electric elevators and 26 hydraulic elevators in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3002AB

FFP

Provide three-year tests for 26 hydraulic elevators in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

3002AC

FFP

Provide five-year tests for seven (7) electric and 26 hydraulic elevators in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

FFP

Provide emergency service calls in accordance with the Performance Work Statement during Option Period Three: 1 Oct 11 through 30 Sep 12.

NET AMT

$7,500

FFP

Provide services for major repairs (including parts and labor) exceeding $2,000 in accordance with the Performance Work Statement, paragraph 1.4 and paragraph 1.4.2 during Option Period Three: 1 Oct 11 through 30 Sep 12.

Months

FFP

Provide elevator preventive maintenance in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

4001AA

FFP

Provide monthly preventive maintenance for one (1) electric elevator located in Building 882 in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

4001AB

FFP

Provide monthly preventive maintenance for three (3) electric elevators located in Building 1200 in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

4001AC

FFP

Provide monthly preventive maintenance for three (3) electric elevators located in Building 1200 in accordance with the Performance Work Statement Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

4001AD

FFP

Provide monthly preventive maintenance for ten (10) hydraulic elevators located in Buildings 922, 960, 1012, 1025, 1045, 1600, 1900, 1917, and 1923 (2 elevators) in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

4001AE

FFP

Provide monthly preventive maintenance for ten (10) hydraulic elevators located in Buildings 312, 402, 632, 633, 1601, 1602, 1603, 1604, 1660, and 1661 in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

4001AF

FFP

Provide monthly preventive maintenance for four (4) hydraulic elevators located in Buildings 602, 622, 862, and 1670 in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

4001AG

FFP

Provide monthly preventive maintenance for one (1) hydraulic elevator located in Building 920 in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

4001AH

FFP

Provide monthly preventive maintenance for one (1) hydraulic elevator located in Building 1902 in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

Each

FFP

Provide annual, three-year, and five-year tests in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

4002AA

FFP

Provide annual tests for seven (7) electric elevators and 26 hydraulic elevators in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

4002AB

Each

FFP

Not required for Option Period Four of the contract - performance period 1 Oct 12 through 30 Sep 13

NET AMT

4002AC

Each

FFP

Not required for Option Period Four of the contract - performance period 1 Oct 12 through 30 Sep 13.

NET AMT

FFP

Provide emergency service calls in accordance with the Performance Work Statement during Option Period Four: 1 Oct 12 through 30 Sep 13.

NET AMT

$7,500

FFP

Provide services for major repairs (including parts and labor) exceeding $2,000 in accordance with the Performance Work Statement, paragraph 1.4 and paragraph 1.4.2 during Option Period Four: 1 Oct 12 through 30 Sep 13.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2009

30-SEP-2009

DONNA L. SYKES

231 9TH AVE STE 163 BLDG 1404

SHEPPARD AFB TX 76311-3333

(940) 676-5684

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

30-SEP-2009

DONNA L. SYKES

231 9TH AVE STE 163 BLDG 1404

SHEPPARD AFB TX 76311-3333

(940) 676-5684

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

F3V3E1

30-SEP-2009

30-SEP-2010

DONNA L. SYKES

231 9TH AVE STE 163 BLDG 1404

SHEPPARD AFB TX 76311-3333

(940) 676-5684

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2010

30-SEP-2010

DONNA L. SYKES

231 9TH AVE STE 163 BLDG 1404

SHEPPARD AFB TX 76311-3333

(940) 676-5684

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2010

F3V3E1

30-SEP-2011

30-SEP-2011

DONNA L. SYKES

231 9TH AVE STE 163 BLDG 1404

SHEPPARD AFB TX 76311-3333

(940) 676-5684

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2011

30-SEP-2011

DONNA L. SYKES

231 9TH AVE STE 163 BLDG 1404

SHEPPARD AFB TX 76311-3333

(940) 676-5684

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2011

F3V3E1

30-SEP-2012

30-SEP-2012

DONNA L. SYKES

231 9TH AVE STE 163 BLDG 1404

SHEPPARD AFB TX 76311-3333

(940) 676-5684

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2012

30-SEP-2012

DONNA L. SYKES

231 9TH AVE STE 163 BLDG 1404

SHEPPARD AFB TX 76311-3333

(940) 676-5684

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2012

F3V3E1

30-SEP-2013

30-SEP-2013

DONNA L. SYKES

231 9TH AVE STE 163 BLDG 1404

SHEPPARD AFB TX 76311-3333

(940) 676-5684

F3V3E1

30-SEP-2013

F3V3E1

30-SEP-2013

F3V3E1

30-SEP-2013

F3V3E1

30-SEP-2013

F3V3E1

30-SEP-2013

F3V3E1

30-SEP-2013

F3V3E1

30-SEP-2013

F3V3E1

30-SEP-2013

30-SEP-2013

DONNA L. SYKES

231 9TH AVE STE 163 BLDG 1404

SHEPPARD AFB TX 76311-3333

(940) 676-5684

F3V3E1

30-SEP-2013

F3V3E1

30-SEP-2013

F3V3E1

30-SEP-2013

F3V3E1

30-SEP-2013

F3V3E1

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238290.

(2) The small business size standard is $14,000,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (c) applies.

(__) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on ORCA.

(End of Provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (MAY 2008)

(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; 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 [ballot], have not [ballot], 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) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

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

(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)

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.