FA558718Q0024.pdf

Department of the Air Force

48th Fighter Wing (USAFE)

Combined Synopsis/Solicitation

Requirement Title:

Solicitation Number:

Solicitation Issue Date:

Response Deadline:

Point(s) of Contact:

Storage Tank Management and Inspection

FA5587-18-Q-0024

Monday, 13 August 2018

Monday, 27 August 2018 no later than 1630 BST

SrA Robert Rogers / robert.rogers.58@us.af.mil / 226-2252

Jacob Horton / jacob.horton.1@us.af.mil / 226-2253

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. This solicitation is being issued as a(n) Request For Quotation (RFQ).

3. This solicitation document and incorporated provisions and clauses are those in effect through:

Federal Acquisition Circular 2005-101

Defense Federal Acquisition Regulation Public Notice 20180629

Air Force Federal Acquisition Circular 2018-0525

4. Due to the overseas location of this requirement, no set-aside will be used in accordance with FAR 19.000(b).

The North American Industry Size Classification System (NAICS) code associated with this requirement is 541350

Description:

Monthly and annual inspections of above ground and below ground fuel storage tanks in addition to fuel delivery escorting, fuel level monitoring, routine maintenance, and precision leak testing. For additional information refer to the Performance

Work Statement

Place of Delivery/Performance/Acceptance/FOB Point:

Performance of all tank management services will occur at RAF Lakenheath, RAF Feltwell, and RAF Mildenhall.

Line Item Description Quantity Unit of Measure

Refer to Attachment 2 - Pricing Schedule

FAR provision 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

ADDENDUM TO 52.212-1

A. To assure timely and equitable evaluation of the quotes, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including:

1. Terms and conditions

2. Representations and certifications

3. Technical requirements

General Information

Requirement Information

Instructions to Offerors mailto:robert.rogers.58@us.af.mil mailto:jacob.horton.1@us.af.mil

4. Current UK business registrations, licenses, and/or insurance required to legally operate and employ personnel within the UK or show rationale for non-applicability.

Failure to meet a requirement may result in an offer being ineligible for award.

Notice to suppliers: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The government reserves the right to cancel this solicitation, either before or after the closing date. In the event the

Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

The Government's terms, conditions, and respective clauses contained within this solicitation are prescribed in accordance with

United States Federal Acquisition Regulations (FAR), and are not subject to conditionally proposed revisions or changes requested by offerors. Offerors' specific terms and conditions that may be contingently proposed for subsequent inclusion into the contract, if awarded, will not be considered by the Government in its evaluation of quotes. Offerors 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.

B. The quote shall consist of two (2) separate parts;

Part I - Technical Capability

Part II - Price

C. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional price information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

D. Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. Return the provision FAR 52.212-3, Offeror Representations and Certifications - Commercial Items along with the quote. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.

Specific Instructions: Complete the necessary fill-ins and certifications in all provisions. The provisions FAR 52.212-3, and

252.225-7032 shall be returned along with the quote.

E. Quote Submission Instructions:

1. Submit via email to robert.rogers.58@us.af.mil and jacob.horton.1@us.af.mil

2. 5MB size limit per email.

3. If sending multiple emails, label each email as “1 of X” “2 of X” etc. so that receipt of all parts can be verified

4. Suggest sending using a read receipt.

F. It is the offeror's responsibility to ensure the quote is sent to the correct Government email address.

NOTE: Late offers will be processed in accordance with FAR 52.212-1(f) ―Late submission, modifications, revisions, and withdrawals of offers. The submittal due date for quotes is 27 August 2018, by 1630 hours British Summer Time (BST).

http://www.sam.gov/ mailto:robert.rogers.58@us.af.mil mailto:jacob.horton.1@us.af.mil

G. Further changes to the original clause 52.212-1.

1. Paragraph 52.212-1(c), Period for Acceptance of Offers is tailored as follows: The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.

2. Paragraphs 52.212-1(d) and 52.212-1(h) and 52.212-1(i) do not apply to this acquisition.

PART I - TECHNICAL CAPABILITY PROPOSAL - Limited to no more than 15 pages, single-sided with font no smaller than

12 pt. and margins no smaller than one inch. Supporting documentation such as license, insurance, or registration documents do not count towards the page limit.

1. Work Plan – IAW section 5.1.5.1 of the PWS, provide a work plan that describes the approach you will use to successfully perform to the standards detailed in the Performance Work Statement (PWS) and to effectively meet the quality thresholds defined in the Services Summary. Note that if selected for award, your Work Plan will be incorporated into the contract and will be monitored for compliance with the Service Summary as a performance objective item. Your plan shall include as a minimum, but is not limited to:

a) Quality Control Plan: thorough and clear description in detail of the methods, processes, and procedures for ensuring performance meets the standards of the PWS; The offeror's plan must demonstrate to the government that the offeror fully understands the PWS requirements and can successfully obtain and manage the personnel and resources to successfully perform the work detailed in the PWS.

b) A list of personnel who will be assigned to carry out the work in this PWS and their respective duties including the process to ensure adequate personnel are available to perform required work.

c) If any services are sub-contracted or a teaming arrangement is proposed, an explanation of how the offeror intends to coordinate performance to meet the standards of the PWS.

d) Submission of all business licenses, insurance documentation, and certifications IAW 5.1.5 of the PWS.

Past Experience - This sub-factor is met when the contractor provides verifiable evidence of performance of no less than three

(3) contracts of similar scope of work to that in Attachment 1 - Performance Work Statement. Contract performance must be within the last five years with an approximate value of at least $50,000 (or British Pound Sterling equivalent) for each contract.

Offerors must include the following information in the past experience submittal:-Company/Division/Agency/Customer Name-

Description of service provided-Contract value-performance period-Verified and up-to-date name, address, and email of company representative.

2. PART II - PRICE

1. Offers should be submitted in British Pound Sterling. In the event that the quote is submitted in a currency other than British

Pound Sterling, the government will convert the quote into British Pound Sterling for evaluation purposes by utilizing the established exchange rates dated 31 July 2018 and posted to http:// comptroller.defense.gov/Financial-

Management/Reports/fcfr/ (O&M (DOD) FY 2018 Budget Rate).

In accordance with FAR 13.106-2(b)(3), comparative evaluations will be utilized whereby the government will compare all offers that meet the minimum requirements as defined in Addendum to 52.212-1 and 52.212-2. The government will select an awardee that provides best value to the government considering price and technical capability. Therefore, the government reserves the right to select an awardee that provides benefit to the government exceeding the minimum standards, but is not required to do so. Quotes may exceed the requirement, but the government will not be accepting alternate quotes.

FAR Provision 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein:

ADDENDUM TO 52.212-2

BASIS FOR CONTRACT AWARD: The Government contemplates award of a contract resulting from this solicitation to the responsible offeror, whose quote conforming to the solicitation, represents the best value to the Government. In accordance with FAR

13.106-2(b)(3), the Government will utilize comparative evaluations, and give preliminary consideration to all responsive quotes. Then identify from all evaluated quotes one that is most suitable to the Government based on readily discernible value indicators, considering price and technical capability. Therefore, the government reserves the right to select an awardee that provides benefit to the government exceeding the minimum standards, but is not required to do so. Quotes may exceed the requirement. The Government intends to make an award without conducting interchanges. However the Government reserves the right to enter into interchanges with some, all, or none of the offerors regarding their proposal at any time during the evaluation if deemed in the best interest of the government. The following factors are the minimum standards that shall be used to evaluate offers:

1. EVALUATION FACTORS FOR AWARD:

a. Technical Capability. The government will evaluate technical quotes and the below listed sub-factors. Failure to meet the minimum requirements of any of the sub-factors below will result in the quote being deemed technically deficient, and will preclude the offeror from award. All sub-factors are considered equal in term of technical evaluation:

i. Subfactor 1: Work Plan In order to fulfill this requirement, the offeror must provide a work plan detailing all personnel involved in the project including their respective roles, labor categories, qualifications and education as illustrated in section 1.4 for annual testing and section 1.5 for precision leak testing in the PWS. Additionally, the certifications identified in section 5.1.5 and Quality Control Plan must be included in the Work Plan.

The offeror's work plan must demonstrate to the government that the offeror fully understands the PWS requirements and can obtain and manage the personnel and resources to successfully perform the work detailed in the PWS.

ii.Subfactor 2: Past Experience

This sub-factor is met when the contractor provides verifiable evidence of performance of no less than three (3) contracts of similar scope of work to that in Attachment 1 - Performance Work Statement. Contract performance must be within the last five years with an approximate value of at least $50,000 (or British Pound Sterling equivalent) for each contract. Offerors must include the following information in the past experience submittal:-Company/Division/Agency/Customer Name-Description of service provided-Contract value-performance period-Verified and up-to-date name, address, and email of company representative.

Price Evaluation: The Government will evaluate prices submitted in the Pricing Schedule, attachment 2. Failure to propose on all CLINs will render the quote non-responsive. During the evaluation process, the Government Evaluation Team will determine a total evaluated price (TEP) for each offeror's quote. This will be accomplished by totaling all CLINs of each year identified in the Pricing Schedule (Attachment 2) to arrive at a yearly extended price. The extended price for each year will then be totaled to arrive at the total price. To evaluate the six-month extension authorized by FAR 52.217-8, Option to Extend Services, 50% of Option Year 4 will be added to the total price to arrive at the Total Evaluated Price.

Evaluation Criteria

Offerors should give the best available pricing to the Government for each CLIN in arriving at the most competitive price.

Additionally, as this requirement is commercial that will result in a “firm-fixed-price” requirements contract, a comparison of offeror's total price will satisfy the requirement for price analysis, in establishing price reasonableness. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced.

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with alternate I applies to this acquisition;

the offeror verifies by submission of their 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.

FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition.

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition; the following checked clauses are hereby included by reference:

52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I

52.203-13, Contractor Code of Business Ethics and Conduct

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

✖ 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.222-17, Nondisplacement of Qualified Workers

52.222-19, Child Labor--Cooperation with Authorities and Remedies

✖ 52.222-21, Prohibition of Segregated Facilities

✖ 52.222-26, Equal Opportunity

52.222-35, Equal Opportunity for Veterans

52.222-36, Equal Opportunity for Workers with Disabilities

52.222-37, Employment Reports on Veterans

✖ 52.222-50, Combating Trafficking Persons

✖ 52.222-54, Employment Eligibility Verification

✖ 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

✖ 52.225-13, Restrictions on Certain Foreign Purchases

✖ 52.232-33, Payment by Electronic Funds Transfer--System for Award Management

52.232-36, Payment by Third Party

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following provisions and clauses are hereby included by reference:

Clauses and Provisions

52.203-3, Gratuities

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.204-7, System for Award Management

52.204-9, Personal Identity Verification of Contractor Personnel

52.204-13, System for Award Management Maintenance

52.204-16, Commercial and Government Entity Code Reporting

52.204-18, Commercial and Government Entity Code Maintenance

52.204-19, Incorporation by Reference of Representations and Certifications

52.204-21, Basic Safeguarding of Covered Contractor Information Systems

52.204-22, Alternative Line Item Proposal

52.209-7, Information Regarding Responsibility Matters

52.212-1, Instructions to Offerors--Commercial Items

52.212-4, Contract Terms and Conditions--Commercial Items

52.222-29, Notification of Visa Denial

52.223-5, Pollution Prevention and Right-to-Know Information

52.223-10, Waste Reduction Program

52.232-18, Availability of Funds

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.237-2, Protection of Government Buildings, Equipment, and Vegetation

252.201-7000, Contracting Officer's Representative

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002, Requirement to Inform Employees of Whistleblower Rights

252.204-7003, Control of Government Personnel Work Product

252.204-7004 Alt A, System for Award Management Alternate A

252.204-7008, Compliance with Safeguarding Covered Defense Information Controls

252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

252.205-7000, Provision of Information to Cooperative Agreement Holders

252.209-7004, Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State

Sponsor of Terrorism.

252.222-7002, Compliance with Labor Laws (Overseas)

252.222-7007, Representation Regarding Combating Trafficking in Persons

252.223-7001, Hazard Warning Labels

252.223-7006, Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous

Materials 252.225-7005, Identification of Expenditures In The United States

252.225-7032, Waiver of United Kingdom Levies--Evaluation of Offers

252.225-7033, Waiver of United Kingdom Levies

252.225-7041, Correspondence in English

252.225-7042, Authorization to Perform

252.225-7043, Antiterrorism/Force Protection for Defense

252.225-7048, Export-Controlled Items

252.225-7050, Disclose of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

252.229-7000, Invoices Exclusive of Taxes or Duties

252.229-7006, Value Added Tax Exclusion (United Kingdom)

252.229-7007, Verification of United States Receipt of Goods

252.229-7008, Relief from Import Duty (United Kingdom)

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

252.232-7006, Wide Area WorkFlow Payment Instructions

252.232-7008, Assignment of Claims (Overseas)

252.232-7010, Levies on Contract Payments

252.233-7001, Choice of Law (Overseas)

252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel

252.243-7001, Pricing of Contract Modifications

252.243-7002, Requests for Equitable Adjustment

252.244-7000, Subcontracts for Commercial Items

5352.201-9101, Ombudsman

5352.223-9001, Health and Safety on Government Installations

5352.242-9000, Contractor Access to Air Force Installations

52.212-3 Offeror Representations and Certifications -- Commercial Items (Nov2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the

Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs

(c) through (u) of this provision.

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

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

Program.

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

http://www.sam.gov/portal

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan

Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate --

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology --

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

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

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

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

U.S.C. 1702(b)(3)).

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

(1) Means a small business concern --

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

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

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

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

CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/ divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the 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 representation and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications --Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, http://www.acquisition.gov/

[_] 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

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)

____ 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.

(ii)

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and

60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American

- Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and

“United States” are defined in the clause of this solicitation entitled “Buy American --Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,”

“component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,”

“Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”:

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

Products) or Israeli End Products:

(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.:

(3) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR

52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Act'':

Canadian or Israeli End Products:

Line Item No.:Country of Origin:

(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

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

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

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

States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does

[_] does not certify that --

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see

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