FA5004-17-R-0001 _Solicitation.pdf
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354 CONTRACTING SQUADRON -- ISSUING OFFI
2310 CENTRAL AVE, BLDG 2258
LGCB - COMMODITIES/SERVICES
EIELSON AFB AK 99702-1887
907-377-1123
907-377-2389
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
FA5004-17-R-0001 27-Oct-2016
b. TELEPHONE NUMBER
907-377-2905
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 28 Nov 2016
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
FA5004
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
RICARDO MONROY
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
325998
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
TEL: EMAIL:
1 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
X
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
FA5004-17-R-0001
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 5,000 Pound
NALCO 1720
FFP
NALCO 1720 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2016 - 30
November 2017
FOB: Destination
SIGNAL CODE: A
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 7,500 Pound Tri-Act 1820
FFP
Tri-Act 1820 - (or equal) Chemicals are for water treatment of boilers. Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2016 - 30 November
UNIT UNIT PRICE MAX AMOUNT
0003 20,000 Pound
NEXGUARD 22310
FFP
NEXGUARD 22310 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work.: 1 December 2016 - 30
November 2017
UNIT UNIT PRICE MAX AMOUNT
0004 10,000 Pound
NALCO 8735
FFP
NALCO 8735 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2016 - 30
November 2017
UNIT UNIT PRICE MAX AMOUNT
0005 2,000 Pound
PERMATREAT PC-191T
FFP
PERMATREAT PC-191T - (or equal) Chemicals are for water treatment of boilers. Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack container, and provide mixture monitoring in accordance with Statement of Work.. POP: 1 December
2016 - 30 November 2017
UNIT UNIT PRICE MAX AMOUNT
1001 5,000 Pound
OPTION NALCO 1720
FFP
NALCO 1720 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2017 - 30
November 2018
UNIT UNIT PRICE MAX AMOUNT
1002 7,500 Pound OPTION Tri-Act 1820
FFP
Tri-Act 1820 - (or equal) Chemicals are for water treatment of boilers. Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2017 - 30 November
UNIT UNIT PRICE MAX AMOUNT
1003 20,000 Pound
OPTION NEXGUARD 22310
FFP
NEXGUARD 22310 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2017 - 30
November 2018
UNIT UNIT PRICE MAX AMOUNT
1004 10,000 Pound
OPTION NALCO 8735
FFP
NALCO 8735 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2017 - 30
November 2018
UNIT UNIT PRICE MAX AMOUNT
1005 2,000 Pound
OPTION PERMATREAT PC-191T
FFP
PERMATREAT PC-191T - (or equal) Chemicals are for water treatment of boilers. Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December
2017 - 30 November 2018
UNIT UNIT PRICE MAX AMOUNT
2001 5,000 Pound
OPTION NALCO 1720
FFP
NALCO 1720 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2018 - 30
November 2019
UNIT UNIT PRICE MAX AMOUNT
2002 7,500 Pound OPTION Tri-Act 1820
FFP
Tri-Act 1820 - (or equal) Chemicals are for water treatment of boilers. Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2018 - 30 November
UNIT UNIT PRICE MAX AMOUNT
2003 20,000 Pound
OPTION NEXGUARD 22310
FFP
NEXGUARD 22310 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2018 - 30
November 2019
UNIT UNIT PRICE MAX AMOUNT
2004 10,000 Pound
OPTION NALCO 8735
FFP
NALCO 8735 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2018 - 30
November 2019
UNIT UNIT PRICE MAX AMOUNT
2005 2,000 Pound
OPTION PERMATREAT PC-191T
FFP
PERMATREAT PC-191T - (or equal) Chemicals are for water treatment of boilers. Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Workt. POP: 1 December
2018 - 30 November 2019
UNIT UNIT PRICE MAX AMOUNT
3001 5,000 Pound
OPTION NALCO 1720
FFP
NALCO 1720 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2019 - 30
November 2020
UNIT UNIT PRICE MAX AMOUNT
3002 7,500 Pound OPTION Tri-Act 1820
FFP
Tri-Act 1820 - (or equal) Chemicals are for water treatment of boilers. Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2019 - 30 November
UNIT UNIT PRICE MAX AMOUNT
3003 20,000 Pound
OPTION NEXGUARD 22310
FFP
NEXGUARD 22310 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2019 - 30
November 2020
UNIT UNIT PRICE MAX AMOUNT
3004 10,000 Pound
OPTION NALCO 8735
FFP
NALCO 8735 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2019 - 30
November 2020
UNIT UNIT PRICE MAX AMOUNT
3005 2,000 Pound
OPTION PERMATREAT PC-191T
FFP
PERMATREAT PC-191T - (or equal) Chemicals are for water treatment of boilers. Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December
2019 - 30 November 2020
UNIT UNIT PRICE MAX AMOUNT
4001 5,000 Pound
OPTION NALCO 1720
FFP
NALCO 1720 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2020 - 30
November 2021
UNIT UNIT PRICE MAX AMOUNT
4002 7,500 Pound OPTION Tri-Act 1820
FFP
Tri-Act 1820 - (or equal) Chemicals are for water treatment of boilers. Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2020 - 30 November
UNIT UNIT PRICE MAX AMOUNT
4003 20,000 Pound
OPTION NEXGUARD 22310
FFP
NEXGUARD 22310 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2020 - 30
November 2021
UNIT UNIT PRICE MAX AMOUNT
4004 10,000 Pound
OPTION NALCO 8735
FFP
NALCO 8735 - (or equal) Chemicals are for water treatment of boilers.
Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December 2020 - 30
November 2021
UNIT UNIT PRICE MAX AMOUNT
4005 2,000 Pound
OPTION PERMATREAT PC-191T
FFP
PERMATREAT PC-191T - (or equal) Chemicals are for water treatment of boilers. Contractor shall provide all labor, management, transportation and all additional tasks to furnish, deliver and unload and stack containers, and provide mixture monitoring in accordance with Statement of Work. POP: 1 December
2020 - 30 November 2021
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
20,000.00 300,000.00
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each
Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
2,000.00 50,000.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
0005 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
1003 Destination Government Destination Government
1004 Destination Government Destination Government
1005 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
2003 Destination Government Destination Government
2004 Destination Government Destination Government
2005 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
3003 Destination Government Destination Government
3004 Destination Government Destination Government
3005 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
4003 Destination Government Destination Government
4004 Destination Government Destination Government
4005 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-DEC-2016 TO
30-NOV-2017
N/A 354 CES/CEOMH - F1U3C5
PHILIP HAMMOND
588 LOOP ACCESS ROAD
EIELSON AFB AK 99702
907-377-3151
F1U3C5
0002 POP 01-DEC-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-DEC-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-DEC-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-DEC-2016 TO
N/A 354 CES/CEOS - F1U3C1
MSGT JEAN-FRANCOIS JULIEN
BLDG 2258
EIELSON AFB AK 99702
(907) 377-2595
F1U3C1
1001 POP 01-DEC-2017 TO
30-NOV-2018
N/A 354 CES/CEOMH - F1U3C5
PHILIP HAMMOND
588 LOOP ACCESS ROAD
EIELSON AFB AK 99702
907-377-3151
1002 POP 01-DEC-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-DEC-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-DEC-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-DEC-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-DEC-2018 TO
30-NOV-2019
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-DEC-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-DEC-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-DEC-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-DEC-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-DEC-2019 TO
30-NOV-2020
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-DEC-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-DEC-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-DEC-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-DEC-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-DEC-2020 TO
30-NOV-2021
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-DEC-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-DEC-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-DEC-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-DEC-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-16 Preventing Personal Conflicts of Interest DEC 2011
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-13 System for Award Management Maintenance JUL 2013
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.212-1 Instructions to Offerors--Commercial Items OCT 2015
52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015
52.217-2 Cancellation Under Multiyear Contracts OCT 1997
52.217-5 Evaluation Of Options JUL 1990
52.222-50 Combating Trafficking in Persons MAR 2015
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.232-18 Availability Of Funds APR 1984
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995
52.243-1 Changes--Fixed Price AUG 1987
52.244-6 Subcontracts for Commercial Items JUN 2016
52.246-4 Inspection Of Services--Fixed Price AUG 1996
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015
252.204-7011 Alternative Line Item Structure SEP 2011
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.211-7003 Item Unique Identification and Valuation MAR 2016
252.215-7008 Only One Offer OCT 2013
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013
252.225-7012 Preference For Certain Domestic Commodities AUG 2016
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
SEP 2004
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7007 Limitation Of Government's Obligation APR 2014
252.232-7010 Levies on Contract Payments DEC 2006
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.247-7022 Representation Of Extent Of Transportation Of Supplies By
Sea
AUG 1992
252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) 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.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or
State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(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.
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:
(i)Price
(ii)Technical Capabiltiy – (See section 3.0 of Statement of Work).
(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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016)
The Offeror shall complete only paragraph (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 https://www.sam.gov/portal 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.
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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in 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 electronically on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations 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 https://www.acquisition.gov/ 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 (r) 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 ORCA.]
(c) Offerors must complete the following representations when the resulting contract will 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 to paragraphs (c)(8) and (9): 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) Certifications and 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 either to the Equal
Opportunity clause of this solicitation, the 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
Subparts 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…
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