Solicitation Approved.rtf

RTF text file 1 MB Posted Aug 13, 2008

Attached to: Automatic Sliding Door Maintenance and Repair Federal contract opportunity
Solicitation number: FA5613-08-T-0025
Issued by: Department of the Air Force Materiel Command Installation and Mission Support Center Installation Contracting Agency

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Soliciitation Document

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FA5613-08-T-0025

Section SF 1449 - CONTINUATION SHEET

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Preventive Maintenance

FFP

Services non-personal to provide all labor, material and transportation necessary for the inspection, maintenance and repair of automatic opening doors in the period of 01 October 08 through 30 September 09.

All work is to be performed in accordance with attached Performance Work Statement (PWS).

FOB: Destination

SIGNAL CODE: A

NET AMT

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Technical Inspection

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Hours

Routine Repair

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Emergency Repair

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Lump Sum

Parts for Repair

All work is to be performed in accordance with attached Performance Work Statement (PWS).

For Solicitation purposes please use €31,392.00 for this CLIN.

€31,392.00

QUANTITY

UNIT

UNIT PRICE

AMOUNT

OPTION

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

For Solicitation purposes please use €33,392.00 for this CLIN.

€33,392.00

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

For Solicitation purposes please use €35,392.00 for this CLIN.

€35,392.00

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Lot

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

For Solicitation purposes please use €37,392.00 for this CLIN.

€37,392.00

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

All work is to be performed in accordance with attached Performance Work Statement (PWS).

For Solicitation purposes please use €39,392.00 for this CLIN.

€39,392.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN

INSPECT AT

INSPECT BY

ACCEPT AT

ACCEPT BY

Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government

DELIVERY INFORMATION

CLIN

DELIVERY DATE

QUANTITY

SHIP TO ADDRESS

UIC

POP 01-OCT-2008 TO

30-SEP-2009

N/A

435 CEG

435 CEG/CERF

BLDG 521

D-66877 RAMSTEIN-MIESENBACH

GERMANY

F3N052

30-SEP-2009

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2009

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2009

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2009

N/A

(SAME AS PREVIOUS LOCATION)

POP 01-OCT-2009 TO

30-SEP-2010

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2010

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2010

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2010

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2010

N/A

(SAME AS PREVIOUS LOCATION)

POP 01-OCT-2010 TO

30-SEP-2011

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2011

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2011

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2011

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2011

N/A

(SAME AS PREVIOUS LOCATION)

POP 01-OCT-2011 TO

30-SEP-2012

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2012

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2012

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2012

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2012

N/A

(SAME AS PREVIOUS LOCATION)

POP 01-OCT-2012 TO

30-SEP-2013

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2013

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2013

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2013

N/A

(SAME AS PREVIOUS LOCATION)

30-SEP-2013

N/A

(SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-4 Printed or Copied Double-Sided on Recycled Paper

AUG 2000

52.204-9 Personal Identity Verification of Contractor Personnel

SEP 2007

52.212-4 Contract Terms and Conditions--Commercial Items

FEB 2007

52.229-6 Taxes--Foreign Fixed-Price Contracts

JUN 2003

52.232-37 Multiple Payment Arrangements

MAY 1999

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

OCT 2006

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.222-7002 Compliance With Local Labor Laws (Overseas)

JUN 1997

252.225-7041 Correspondence in English

JUN 1997

252.225-7042 Authorization to Perform

APR 2003

252.229-7000 Invoices Exclusive of Taxes or Duties

JUN 1997

252.229-7002 Customs Exemptions (Germany)

JUN 1997

252.232-7010 Levies on Contract Payments

DEC 2006

252.233-7001 Choice of Law (Overseas)

JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO 52.212-1

SUBMITTAL OF PROPOSAL:

(b)(4) Technical Proposal: As referenced in provision 52.212-2, each offeror shall include a technical proposal which shall include the following:

a. Proof of Membership in Chamber of Commerce (Industrie und Hanselskammer) or Chamber of Trade (Handwerkskammer).

b. Certificates of personnel qualified to maintain, repair, and inspect elevators and escalators.

c. All offeror’s Representation and Certifications within the solicitation (i.e. FAR 52.212-3, DFARS 252.212-7000)

d. The name, title, and telephone number of those individuals authorized to make decisions on behalf of the company and can negotiate with the government.

(b)(6)(1) Pricing proposal: Offers must include prices for all Contract Line Item Numbers (CLINs) within the solicitation.

(b)(10) Past Performance: The government will evaluate the quality and extent of offeror's performance deemed relevant to the requirements of this RFP. The government will use information submitted by the offeror and other sources such as other Federal Government offices and other commercial sources, to assess performance. As referenced in provision 52.212-2, each offeror shall submit recent and relevant past performance information within the last three (3) years on contracts of similar scope and magnitude. The document shall include the following information for evaluation:

Name of Contracting organization or commercial customer;

Contract Number;

Total contract value;

Description of requirement Contracting officer’s name or Commercial customer point of contact & telephone number, fax number as well as e-mail address;

Statement on why the contract/subcontract referenced is current and relevant.

A sample of the past performance questionnaire is provided as Attachment 2 to this solicitation. Offerors shall provide the past performance questionnaire to each source listed on the recent and relevant past performance document. Offerors shall instruct sources to return completed questionnaires to the point of contact listed on page 3 of the questionnaire.

(b)(12) Proposals shall be submitted to: 700 CONS/LGCC attn: SrA Robert L Lieder III, Am Opelkreisel, ROB, GEB 164, D-67663 Kaiserslautern, Germany. Tel: 0631/5366809 Fax: 0631/5368447. Facsimile proposals are acceptable. Proposals delivered by mail, facsimile, or express delivery must be received by the time and date specified in this solicitation. It is the offerors responsibility to ensure whether or not the proposal has been received by the correct office.

(c) 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, unless another time period is specified in an addendum to the solicitation.

(h) Multiple awards: The government does not intend to make multiple awards.

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

(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:

Price. The offer will be evaluated on the total price of all Contract Line Item Numbers (CLINS) contained in the schedule. All offers must include prices for CLINS 0001 through 4005 on the schedule of this solicitation to be considered for award. Failure to include all prices will exclude the offeror from further consideration for award, as the Government intends to award without discussions. However, the government does reserve the right to conduct discussions. The standard for price is met when the price is determined fair and reasonable.

Technical Capability. Technical capability will be determined based on submittal of acceptable documentation, certifications, and past performance. The offeror will be evaluated on the following subfactors:

Subfactor 1: Membership in either the Chamber of Commerce (Industrie und Hanselskammer) or Chamber of Trade (Handwerkskammer) as a qualified contractor for elevators and escalators. The standard is met when proof of membership in Chamber of Commerce (Industrie und Hanselskammer) or Chamber of Trade (Handwerkskammer) as a qualified contractor for elevators and escalators is provided.

Subfactor 2: Certificates of personnel qualified to maintain, repair, and inspect elevators and escalators. The standard is met when certificates of personnel qualified to maintain, repair, and inspect elevators and escalators are provided.

Subfactor 3: Representation and certifications within the solicitation. The standard is met when representations and certifications are provided and complete.

Subfactor 4: The name, title, telephone number of those individuals authorized to make decisions on behalf of the company and can negotiate with the government. The standard is met when a document containing the name, title, telephone number of those individuals authorized to make decision on behalf of the company and can negotiate with the government is provided.

Subfactor 5: Past Performance. Recency, relevancy and quality of past performance

will be evaluated based upon performance of contracts performed within the last three (3) years of similar scope and magnitude, as mentioned in the solicitation’s performance work statement (PWS).

The government will rate the offerors past performance as follows:

Exceptional – Based on the offeror’s performance record, essentially no doubt exists that the offeror will successfully perform the required effort.

Very Good – Based on the offeror’s past performance record, little doubt exists that the offeror will successfully perform the required effort.

Satisfactory – Based on the offeror’s performance record, some doubt exists that the offeror will successfully perform the required effort.

Neutral – Based on the offeror’s performance record, no performance record is identifiable.

Marginal – Based on the offeror’s performance record, substantial doubt exists that the offeror will successfully perform the require effort.

Unsatisfactory – Based on the offeror’s past performance record, extreme doubt exists that the offeror will successfully perform the required effort.

The offeror must receive an overall rating of exceptional, very good, satisfactory, or neutral to be determined to have acceptable past performance. Offerors who receive an overall rating of marginal or unsatisfactory will be determined to have unacceptable past performance. The standard for past performance is met when the offeror is determined to have acceptable past performance.

The Government will make award to the lowest priced, technically acceptable offeror. The government will first evaluate the technical capability of all offerors. Offerors must meet the standard for all technical subfactors in order to be determined to have acceptable technical capability. Offerors determined to have unacceptable technical capability will be removed from further consideration for award. Offerors determined to have acceptable technical capability will be ranked from lowest to highest price. Award will then be made to the offeror with the lowest price and acceptable technical capability.

(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 clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2008)

An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (j) of this provision.

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

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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.

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 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 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.

(b) 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 (b)(3) through (b)(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--------------------------------------------------------------------

(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, for general statistical purposes, 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)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

(7) 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:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not s 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 the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the 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 $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.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --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 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. The terms ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American Act--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 Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-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 the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “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 Act--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-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.

Other Foreign End Products:

Line Item No.

Country of Origin [List as necessary]

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No.

Country of Origin [List as necessary]

(4) 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)(4)(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:

Line Item No.

Country of Origin (List as necessary)

(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 Act. 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). The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ) 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 $3,000 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. 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.

(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. 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.

(C) 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.

(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 Act. (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.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

( ) (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 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 FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

( ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (k)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA 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 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 (b) through (j) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These…

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File details come from the government source that posted it. Updated Nov 14, 2017.