10T0258 Maint Incinerator CZ.doc

Section SF 1449 - CONTINUATION SHEET

Routine Maintenance, inspection & repair

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Maintenance and Repair of Refuse Incinerator Plant Equipment and Systems at Bldg 1024-1, Camp Zama in accordance with the attached performance-based work statement.

Period of Performance: 1 Feb 2011 through 31 Jan 2012.

NSN: Z181-IN-CIN-ERAT

PURCHASE REQUEST NUMBER: WT5J0M01730955

SIGNAL CODE: A

NET AMT

Annual overhaul Work

In accordance with Para 1.2. of PWS.

Period of Performance: 1 Feb 2011 through 31 Jan 2012.

NSN: Z181-IN-CIN-ERAT

NET AMT

To be determined

Reimbursable Materials in support of CLIN 0001 and 0002 to be furnished In accordance with Para 1.6. of PWS.

Period of Performance: 1 Feb 2011 through 31 Jan 2012.

NSN: Z181-IN-CIN-ERAT

NET AMT

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Maintenance and Repair of Refuse Incinerator Plant Equipment and Systems at Bldg 1024-1, Camp Zama in accordance with the attached performance-based work statement.

Period of Performance: 1 Feb 2012 through 31 Jan 2013.

NSN: Z181-IN-CIN-ERAT

NET AMT

FFP

In accordance with Para 1.2. of PWS.

Period of Performance: 1 Feb 2012 through 31 Jan 2013.

NET AMT

To be determined

FFP

in support of CLIN 1001 and 1002 to be furnished In accordance with Para 1.6. of PWS.

Period of Performance: 1 Feb 2012 through 31 Jan 2013.

NET AMT

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Maintenance and Repair of Refuse Incinerator Plant Equipment and Systems at Bldg 1024-1, Camp Zama in accordance with the attached performance-based work statement.

Period of Performance: 1 Feb 2013 through 31 Jan 2014.

NET AMT

FFP

In accordance with Para 1.2. of PWS.

Period of Performance: 1 Feb 2013 through 31 Jan 2014.

NET AMT

To be determined

FFP

in support of CLIN 2001 and 2002 to be furnished In accordance with Para 1.6. of PWS.

Period of Performance: 1 Feb 2013 through 31 Jan 2014.

NET AMT

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Maintenance and Repair of Refuse Incinerator Plant Equipment and Systems at Bldg 1024-1, Camp Zama in accordance with the attached performance-based work statement.

Period of Performance: 1 Feb 2014 through 31 Jan 2015.

NET AMT

FFP

In accordance with Para 1.2. of PWS.

Period of Performance: 1 Feb 2014 through 31 Jan 2015.

NET AMT

To be determined

FFP

in support of CLIN 3001 and 3002 to be furnished In accordance with Para 1.6. of PWS.

Period of Performance: 1 Feb 2014 through 31 Jan 2015.

NET AMT

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Maintenance and Repair of Refuse Incinerator Plant Equipment and Systems at Bldg 1024-1, Camp Zama in accordance with the attached performance-based work statement.

Period of Performance: 1 Feb 2015 through 31 Jan 2016.

NET AMT

FFP

In accordance with Para 1.2. of PWS.

Period of Performance: 1 Feb 2015 through 31 Jan 2016.

NET AMT

To be determined

FFP

in support of CLIN 4001 and 4002 to be furnished In accordance with Para 1.6. of PWS.

Period of Performance: 1 Feb 2015 through 31 Jan 2016.

NET AMT

Note 1: The government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

Note 2: Solicitation provisions will be physically removed from any resultant award, but will be deemed to be incorporated by reference in that award.

Addenda to SF 1449

Block 17b of SF 1449, Remittance Address:

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

Addendum to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (Jun 2010):

(c) Changes. The text is deleted and replaced as follows:

FAR 52.217-8, Option to Extend Services and FAR 52.217-9, Option to Extend the Terms of the Contract, have been added by addendum to this contract. In accordance with terms and conditions of the clause, the Contracting Officer may unilaterally exercise any option(s). All other changes to the terms and conditions of this contract shall be made only by written agreement of the parties.

(k) Taxes. The text is deleted and replaced as follows:

(1) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the Government of Japan have agreed shall not be applicable to expenditures in Japan by or on behalf of the United States.

(2) The Status of Forces Agreement between the Japan and the United States and implementing the Japanese laws authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. Those taxes include (1) Consumption tax, (2) Gasoline tax and local road tax on gasoline, (3) Diesel oil tax, and (4) Liquefied petroleum gas tax.

(3) The Contractor will submit requests for gasoline or diesel oil tax exemption certificate to the Contracting Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to support the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the Contractor a tax exemption certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract.

(u) Conciliation. Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the Contractor shall be made in accordance with the following procedures:

(1) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the clause of this contract entitled, “Disputes” and within the time limits described therein before filing a request for conciliation with the Joint Committee and then request the appellate authority under the “Disputes” clause to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(2) The request for conciliation will be submitted by the Contractor through the nearest Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(3) In the event the disagreement submitted to the Joint Committee under subparagraph (2) above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the clause of this contract entitled, “Disputes”, of the settlement of the dispute and to withdraw his appeal.

(4) In the event the Contractor has submitted a request for conciliation to the Joint Committee under subparagraph (2) above desires, notwithstanding tendency of his request for conciliation, that action by the appropriate authority under the clause of this contract entitled, “Disputes”, be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the Contractor of his action taken hereunder.

(5) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled, “Disputes”, has been rendered. Pending the hearing of the conciliation panel, the Contractor shall proceed diligently with the performance of the contract in accordance with the Contracting Officer’s decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file in a civil suit.

(End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) Reserved.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 30 days before contract expiration.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at least 30 Days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN CENTRAL CONTRACTOR REGISTRATION (MAY 1999)

For the purpose of this clause, the blank(s) is/are completed as follows:

(b)(1) The date when the Contractor submits first invoice, using EFT Form established by DFAS.

(End of clause)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2010) (DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (JUL 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(End of clause)

Addenda to Block 27a of SF 1449

LIST OF DOCUMENTS, EXHIBITS, OR ATTACHMENTS:

Title

Date

Number. of pages

Exhibit A thru E

Labor Rates in Support of

Undated

Para 1.3 of PWS Attachment 1.

Performance Based Work Statement 23 Sep 2010

Attachment 2.

Performance Plan

23 Sep 2010

(not a part of resultant contract)

Attachment 3.

Past Performance Reference List

Attachment 4.

Past Performance Survey

SOLICITATION PROVISIONS:

CLAUSES INCORPORATED BY REFERENCE

Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

(JUNE 2008)

This provision is incorporated by reference and paragraph (c) is modified to read as follows:

Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

(End of Provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

Paragraph (a) is modified to read as follows:

(a) This is a competitive best value source selection in which proposals will be evaluated on an integrated assessment of price and past/present performance, with past/present performance approximately equal to price. The Government contemplates award of a single Firm Fixed Price contract resulting from this solicitation to the responsible offeror whose proposal is technically acceptable, conforms to the solicitation requirements and will provide the best value to the Government in terms of past/present performance and price. The evaluation process shall proceed as follows:

A. Technical Acceptability. Initially, offerors will be evaluated for technical acceptability on a “pass/fail” basis. Technically Acceptability is achieved when the offeror provides proof that they possess the following valid certificates in conformance with Japanese laws, jurisdictional regulations, and the manufacture’s maintenance manuals in accordance with Para 1.8.1 and 1.8.2.4 of the PWS:

1. Contractor’s certification of Specification Construction Industry Permission

2. Contract Manager or Job Site Supervisor’s certification of Supervising Engineer

All offerors are required to submit a copy of certificates in addition to the price and past and present performance information. Subject certificates must be translated into English. In the event that the offeror does not submit the required certificates, the offeror may not be considered for award.

B. Price Evaluation. Then, offers shall be ranked according to evaluated prices. The price evaluation will be made on the basis of the total price of all line items including all options for CLIN X001 and CLIN X002. Prices offered for exhibit items will not be included in the total price evaluation, however, they will be evaluated per unit price (per labor category, per hour) and examined for reasonableness for future use in modifications incorporating unscheduled maintenance in accordance with 1.3 of the PWS. Therefore, offers which include unreasonable pricing, or fail to include pricing, may be excluded from consideration for award.

C. Performance Confidence Assessment. Next, the Government will evaluate Past Performance Surveys and additional data independently obtained from governmental and commercial sources to assess the offeror’s performance risk. The performance confidence assessment process will result in an overall risk rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence and Unknown Confidence. Past performance regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement may also be evaluated. Offerors with no relevant past or present performance history shall receive the rating “Unknown Confidence,” meaning the rating is treated neither favorably nor unfavorably. When relevant performance records indicates performance problems, the Government will consider the number and severity of the problems and the appropriateness and effectiveness of any corrective actions taken (not just planned or promised).

(i) In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

(ii) The Government reserves the right to award a contract to other than the lowest priced offer or other than the offeror with the highest rated past performance evaluation.

(iii) If the lowest priced technically acceptable offeror is judged to have a “Substantial Confidence” performance rating and is determined to be responsible, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

(iv) If the lowest priced technically acceptable offeror is not judged to have a “Substantial Confidence” performance assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a “Substantial Confidence” performance assessment or until all offerors are evaluated. The Source Selection Authority shall then make an integrated assessment best value award decision.

(v) Offerors are cautioned to submit sufficient information specified in paragraph (a)(vii)(A) below. Offeror’s may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Communication conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revision.

(A) Past Performance Information: Contractors shall submit (1) Past Performance Reference List (Attachment # 3). Additionally, the contractor shall ensure that Past Performance Surveys (Attachment # 4) are submitted from evaluating agencies/companies identified within their Past Performance Reference List.

(1) Past Performance Reference List: Past Performance Reference List shall be submitted from offerors to 374 CONS/LGCA, by either e-mail to keiko.osawa.jp@yokota.af.mil or FAX (042-551-0973), not later than 5 Nov 10. Offeror shall submit the reference list of three (3) contracts performed (on-going or completed) as prime contractor, subcontractor, joint ventures and/or teaming partners of the most relevant contracts (similar in scope, size and complexity) for US Government agencies, Government of Japan or its political subdivisions, or commercial customers within the last 3 years of this solicitation release date. In addition, the offeror may provide information on problems encountered on the contracts identified and corrective actions taken to resolve these problems. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Past performance information pertaining to a subconotractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

(2) Past Performance Survey: The offeror shall send out Past Performance Surveys to respective Points of Contact (POCs) of evaluating agencies/companies identified in their Past Performance Reference List. Once the Past Performance Survey is completed by your POCs, the information contained therein shall be considered sensitive and shall not be releasable. Past Performance Survey shall be sent directly back to 374 CONS/LGCA from evaluating agencies/companies, not later than 5 Nov 10 by either e-mail to keiko.osawa..jp@yokota.af.mil or FAX (042-551-0973). No Past Performance Survey will be accepted directly from the offeror being evaluated.

(B) Past Performance Evaluation: Past performance will be evaluated for recency, relevancy, and quality. The Contracting Officer shall evaluate past performance information based on (1) the references provided by the offeror (2) Past Performance Survey results and (3) data independently obtained from other Government and commercial sources. A Past performance evaluation will be performed based on the following criteria:

(1) Recency: The Government will confirm whether contracts submitted by the offeror has been completed within the past 3 years from the solicitation release date or are currently in progress.

(2) Relevancy: The Government will evaluate contracts submitted by the offeror to determine relevancy. Relevancy is defined as similar services when compared to this solicitation in terms of size, scope and complexity. The Government is not bound by the offeror's opinion of relevancy. The following relevancy definitions apply:

Very Relevant: Past/present performance effort involved essentially the same scope and size of effort and complexities this solicitation requires.

Relevant: Past/present performance effort involved much of the same or similar scope and size of effort and complexities this solicitation requires.

Somewhat Relevant: Past/present performance effort involved some of the same or similar scope and size of effort and complexities this solicitation requires.

Not Relevant: Past/present performance effort did not involve any of the same or similar scope and size of effort and complexities this solicitation requires.

(3) Quality: The Government will evaluate contracts submitted by the offeror to determine whether performance met or exceeded contractual requirements with few or no minor problems.

(C) Final Past Performance Rating: Based on the evaluation results, the low offeror will be assigned one of the following ratings:

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (AUG 2009) (WITH ALTERNATE I (APR 2002))

(Paragraphs (a), (b), (c), (d), (f), (g), (i), (k), (m) and (n) are not applicable to this solicitation due to the non-applicability of FAR 19 and 22.)

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) 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.

(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (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; and

(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, or receiving stolen property; and

(3) [ ] Are, [ ] are not presently indicated for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses.

(4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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).

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

TIN: _____________________.

TIN has been applied for.

TIN is not required because:

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other _________________________.

(5) Common parent.

Offeror is not owned or controlled by a common parent;

Name and TIN of common parent:

Name ___________________.

TIN _____________________.

(End of provision)

252.212-7000 Offeror representations and certifications- Commercial items. (JUN 2005)

(a) Definitions.

As used in this clause-

(1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415).

(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.

(b) Certification.

By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it -

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.

(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).

(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation.

(2) Representation.

The Offeror represents that it-

___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

Addendum to DFARS 252.212-7000 OFFERORS REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS (JUN 2005):

The following statement is included in this provision;

The certification in para (b) of the provision at 252.212-7000 does not apply to this solicitation.