FA4809-16-T-0016.doc

Section SF 1449 - CONTINUATION SHEET

Initial Inspection

FFP

The vendor shall identify substandard conditions or incomplete work to include, but not limited to: environmental, safety, health, equipment, and maintenance condition per individual aircraft sunshade. The vendor shall use the checklist in the Performance Work Statement (PWS) Appendix 5, Sun Shade Inspection Checklist, to conduct the inspection.

FOB: Destination

NET AMT

Qtrly Insp & Preventative Maintenance

The vendor shall maintain aircraft sun shades to include: structure, fabric, bird nesting mitigation, lightning protection, obstruction lighting, safety reflective devices, fall protection, and any other base-unique attached features, as applicable. Performance will be in accordance with the Original Equipment Manufacturers (OEM) specifications.

NET AMT

Added Repairs FUNDED ON AN AS NEED BASIS

The vendor shall perform repairs for planned and emergency repair work, including customer-submitted work orders. All reimbursible costs invoiced on this CLIN shall be submitted to the Contracting Officer's Representative (COR) using the pricing table submitted by the vendor as stated in Paragraph 1.1.11.1 of the PWS. The amount to be quoted on this line item shall be the total amount of the pricing table for the base year.

NET AMT

FFP

The vendor shall identify substandard conditions or incomplete work to include, but not limited to: environmental, safety, health, equipment, and maintenance condition per individual aircraft sunshade. The vendor shall use the checklist in the Performance Work Statement (PWS) Appendix 5, Sun Shade Inspection Checklist, to conduct the inspection.

NET AMT

FFP

The vendor shall maintain aircraft sun shades to include: structure, fabric, bird nesting mitigation, lightning protection, obstruction lighting, safety reflective devices, fall protection, and any other base-unique attached features, as applicable. Performance will be in accordance with the Original Equipment Manufacturers (OEM) specifications.

NET AMT

FFP

The vendor shall perform repairs for planned and emergency repair work, including customer-submitted work orders. All reimbursible costs invoiced on this CLIN shall be submitted to the Contracting Officer's Representative (COR) using the pricing table submitted by the vendor as stated in Paragraph 1.1.11.1 of the PWS. The amount to be quoted on this line item shall be the total amount of the pricing table for option year I.

NET AMT

FFP

The vendor shall identify substandard conditions or incomplete work to include, but not limited to: environmental, safety, health, equipment, and maintenance condition per individual aircraft sunshade. The vendor shall use the checklist in the Performance Work Statement (PWS) Appendix 5, Sun Shade Inspection Checklist, to conduct the inspection.

NET AMT

FFP

The vendor shall maintain aircraft sun shades to include: structure, fabric, bird nesting mitigation, lightning protection, obstruction lighting, safety reflective devices, fall protection, and any other base-unique attached features, as applicable. Performance will be in accordance with the Original Equipment Manufacturers (OEM) specifications.

NET AMT

FFP

The vendor shall perform repairs for planned and emergency repair work, including customer-submitted work orders. All reimbursible costs invoiced on this CLIN shall be submitted to the Contracting Officer's Representative (COR) using the pricing table submitted by the vendor as stated in Paragraph 1.1.11.1 of the PWS. The amount to be quoted on this line item shall be the total amount of the pricing table for option year II

NET AMT

FFP

The vendor shall identify substandard conditions or incomplete work to include, but not limited to: environmental, safety, health, equipment, and maintenance condition per individual aircraft sunshade. The vendor shall use the checklist in the Performance Work Statement (PWS) Appendix 5, Sun Shade Inspection Checklist, to conduct the inspection.

NET AMT

FFP

The vendor shall maintain aircraft sun shades to include: structure, fabric, bird nesting mitigation, lightning protection, obstruction lighting, safety reflective devices, fall protection, and any other base-unique attached features, as applicable. Performance will be in accordance with the Original Equipment Manufacturers (OEM) specifications.

NET AMT

FFP

The vendor shall perform repairs for planned and emergency repair work, including customer-submitted work orders. All reimbursible costs invoiced on this CLIN shall be submitted to the Contracting Officer's Representative (COR) using the pricing table submitted by the vendor as stated in Paragraph 1.1.11.1 of the PWS. The amount to be quoted on this line item shall be the total amount of the pricing table for option year III.

NET AMT

FFP

The vendor shall identify substandard conditions or incomplete work to include, but not limited to: environmental, safety, health, equipment, and maintenance condition per individual aircraft sunshade. The vendor shall use the checklist in the Performance Work Statement (PWS) Appendix 5, Sun Shade Inspection Checklist, to conduct the inspection.

NET AMT

FFP

The vendor shall maintain aircraft sun shades to include: structure, fabric, bird nesting mitigation, lightning protection, obstruction lighting, safety reflective devices, fall protection, and any other base-unique attached features, as applicable. Performance will be in accordance with the Original Equipment Manufacturers (OEM) specifications.

NET AMT

FFP

The vendor shall perform repairs for planned and emergency repair work, including customer-submitted work orders. All reimbursible costs invoiced on this CLIN shall be submitted to the Contracting Officer's Representative (COR) using the pricing table submitted by the vendor as stated in Paragraph 1.1.11.1 of the PWS. The amount to be quoted on this line item shall be the total amount of the pricing table for option year IV.

NET AMT

ADDENDUM TO 52.212-1

ADDENDUM TO FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1. INSTRUCTIONS FOR PREPARATION OF PROPOSALS

PROPOSAL SPECIFICS:

All proposals must include the following information:

1. Proposal shall include the contractors Technical Capability as follows:

a) Only those technical proposals determined to be acceptable will be considered for award. The proposals will be evaluated against the following Technical Capability subfactor: Staffing Plan

The Staffing Plan acceptability is determined by a demonstrated clear understanding and sound approach to staffing all the sunshade maintenance and inspection services tasks outlined in the Performance Work Statement (PWS). Logical and concise methodology must be presented in the offeror’s proposal as to what staffing techniques will be used to ensure adequate staffing is provided throughout the life cycle of the contract. A rating of unacceptable in the technical subfactors will constitute an overall rating of unacceptable for the technical evaluation. The plan shall include as a minimum:

The validation of qualified personnel intended to provide inspection and maintenance services in order to meet the requirements of paragraph 1.1.3 of the PWS.

The number of qualified employees by task that are presently available from the contractor’s existing workforce that will be used in this effort. These documents may be past performance, certifications, training etc.

2. Proposal shall include the contractors Price Quotation as follows:

a) Provide complete pricing for CLINs 0001 through 4001, CLINs 0002 through 4002, and CLINs 0003 through 4003. Your proposed amount for CLIN 0003 through 4003 shall be the total amount of the pricing table for each respective year.

i. Vendor must note that separate Contract Line Item Numbers (CLINs), are not prescribed for purpose of associated costs entailing taxes, fees, transportation, delivery, etc. Accordingly, proposed unit pricing for requirements at the CLIN level under this solicitation, shall be all inclusive of all associated costs (i.e. all material, transportation, labor, delivery, etc.)

b) Discount for prompt payment – if any

3. Company Point of Contact with name, address, email address, and telephone number.

4. Proposals must be valid for a period of no less than 45 days.

NOTE: Vendor specific terms and conditions that may be contingently proposed for subsequent inclusion into the contract will not be considered by the Government in its evaluation of quotations. This aspect also includes the Government’s exclusion from requests by vendor to enter into supplemental agreements from their respective company in order to conduct business under a resultant contract award. Vendors that are not able to comply with the aforementioned conditions will be determined as noncompliant with the solicitation requirements and therefore may be removed from consideration for award.

NOTICE TO OFFERORS:

PLEASE BE ADVISED – Offeror should not expect more than a 14 day mobilization/transition time between the release of the actual award of the contract and the anticipated start of performance on 28 Sep 2016. Offeror needs to factor this into their decision to propose, as the awardee shall be expected to be able to fully perform the requirements in the PWS.

a. To assure timely and equitable evaluation of the proposal, offeror must follow the instructions contained herein. These instructions prescribe the format of the proposal and describe the approach for development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information and to provide for the understanding and comprehensive evaluation of proposals. Offeror is required to meet all solicitation requirements, including terms and conditions, representations and certifications. Offeror must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

b. Specific Instructions

(1) The Offeror’s proposal shall consist of the price proposal/completed solicitation.

Price Proposal

(2) THE PROPOSAL must be completed and returned to the 4th Contracting Squadron, 1570 Wright Brothers Avenue, Seymour Johnson AFB, NC, PRIOR to the exact time set for receipt of proposals. The envelope used in submitting the reply must be plainly marked with the solicitation number and title, FA4809-16-T-0016, Aircraft Sunshade Maintenace Services," and the date and local time set forth for receipt of proposals.

(3) General Instructions: This section of the RFP provides general guidance for preparing the proposal as well as specific instructions on the format of the proposal. The Offeror's proposal must include all data and information requested in the RFP.

(4) Proposal Submission: Proposal shall be submitted via email.

ALL PROPOSALS SHALL BE SUBMITTED ELECTRONICALLY TO THE FOLLOWING EMAIL ADDRESSES:

Andrewrobert.hostetter@us.af.mil Ian.buschmann@us.af.mil PLEASE BE ADVISED – Offeror should not expect more than a 14 day mobilization/transition time between the release of the actual award of the contract and the anticipated start of performance on 1 Nov 2016. Offeror needs to factor this into their decision to propose, as the awardee shall be expected to be able to fully perform the requirements in the PWS.

To assure timely and equitable evaluation of the proposal, offeror must follow the instructions contained herein. These instructions prescribe the format of the proposal and describe the approach for development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information and to provide for the understanding and comprehensive evaluation of proposals. Offeror is required to meet all solicitation requirements, including terms and conditions, representations and certifications. Offeror must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

PREPARATION OF PROPOSAL:

The Offeror must set forth all pricing information necessary to provide a meaningful basis for the Government's analysis and evaluation of price as set forth in this solicitation. The Offeror is requested to provide prices/costs in accordance with the Supplies or Services and Prices Section. In addition to completing the provided Bid Schedule, the Offeror shall provide other than cost or pricing data to show labor, materials, overhead, G&A, subcontracts, profit, etc. for evaluation purposes. Examples of detailed costs that should be presented in your proposal are transportation cost, fuel, insurance cost, monthly labor hours, additional equipment, etc. The Government IS NOT requesting certified cost or pricing information. While price will not be rated and color-coded, price will be evaluated in terms of completeness, realism, and reasonableness.

The Proposal includes the following – submit 1 original:

Item

Document

Instructions

(1)

SF 1449

Complete Blocks 12, 17a, 30a, 30b and

30c. Block 30a must be signed by an official authorized to contractually bind the offeror. By completing the SF 1449 in this manner, the offeror accedes to the contract terms and conditions as written in the RFP.

(2)

Supplies or Insert unit prices and extended amounts for each

Services and Prices item in the spaces provided. Unit Prices shall

(starting on page 3) not extend beyond 2 decimal places. Initial any erasures, whiteout, or other changes made by offeror.

(3)

Representations & Complete all representations, certifications and

Certifications other statements of offeror as required.

Include written joint venture/teaming agreement.

(4) Amendments Any amendments to the solicitation should be acknowledged by returning a signed copy of the amendment, SF 30, with the proposal.

(End of Addendum)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

27-SEP-2017

TSGT RICK MILLER

1305 HANGAR ROW, BLDG 4534

SEYMOUR JOHNSON AFB NC 27531

919-722-4265

F3T2MS

27-SEP-2017

F3T2MS

27-SEP-2017

F3T2MS

27-SEP-2018

F3T2MS

27-SEP-2018

F3T2MS

27-SEP-2018

F3T2MS

27-SEP-2019

F3T2MS

27-SEP-2019

F3T2MS

27-SEP-2019

F3T2MS

27-SEP-2020

F3T2MS

27-SEP-2020

F3T2MS

27-SEP-2020

F3T2MS

27-SEP-2021

F3T2MS

27-SEP-2021

F3T2MS

27-SEP-2021

F3T2MS

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 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:

1. Price

2. Technical Capability

(b) Basis of Award: The award will be made to the vendor whose quotation represents the best value to the government. As allowed by FAR 13.106-2(b)(1), the Lowest Price Technically Acceptable (LPTA) selection process shall be applied. Award will be made to the vendor who is deemed responsible and responsive, and represents the best value to the government based on selection of the lowest evaluated price that is deemed technically acceptable.

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).

To be eligible for award, a quotation must meet all technical requirements, conform to all required terms and conditions, and provide all information required. The lowest priced quote will then be evaluated on technical acceptability. The technical area will be evaluated on an “acceptable” or “unacceptable” basis. If the quotation evaluated is determined to be “unacceptable” in the technical performance factor, the vendor will be excluded from competition and will not be considered for award. The next lowed priced quote will be evaluated on technical acceptability. The process will continue until the government has evaluated the lowest priced quote deemed technically acceptable.

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016) ALTERNATE I (OCT 2014)

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 https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(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:

[List as necessary]

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

(g)

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

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

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[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:

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

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

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

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

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

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

Other End Products

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

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

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

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

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

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 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

(2) Certification. [If the Contracting Officer has identified end products and…