FA5613-12-R-0009 Falconry Services at RAB Germany.doc

Section SF 1449 - CONTINUATION SHEET

FALCONRY SERVICES IN RAMSTEIN AIR BASE

FFP

FALCONRY CONTRACT PERIOD: 1 OCT 2012 - 30 SEPT 2013 VENDOR PROVIDES FALCON BIRD/WILDLIFE HARASSMENT ON THE AIRFIELD. REQUIREMENT IS FOR ESTIMATED 16 VISITS PER MONTH (16X12-192) PLUS 2 EXTRA DUTIES PER MONTH (2X12=24)

FOB: Destination

NSN: F019-HU-NTI-NGBR

PURCHASE REQUEST NUMBER: F3N0222145A002

SIGNAL CODE: A

NET AMT

FALCONRY SERVICES IN RAMSTEIN AIR BASE

FALCONRY CONTRACT PERIOD: 1 OCT 2013 - 30 SEPT 2014 VENDOR PROVIDES FALCON BIRD/WILDLIFE HARASSMENT ON THE AIRFIELD. REQUIREMENT IS FOR ESTIMATED 16 VISITS PER MONTH (16X12-192) PLUS 2 EXTRA DUTIES PER MONTH (2X12=24)

FOB: Destination

NSN: F019-HU-NTI-NGBR

NET AMT

FALCONRY SERVICES IN RAMSTEIN AIR BASE

FALCONRY CONTRACT PERIOD: 1 OCT 2014 - 30 SEPT 2015 VENDOR PROVIDES FALCON BIRD/WILDLIFE HARASSMENT ON THE AIRFIELD. REQUIREMENT IS FOR ESTIMATED 16 VISITS PER MONTH (16X12-192) PLUS 2 EXTRA DUTIES PER MONTH (2X12=24)

FOB: Destination

NET AMT

FALCONRY SERVICES IN RAMSTEIN AIR BASE

FALCONRY CONTRACT PERIOD: 1 OCT 2015 - 30 SEPT 2016 VENDOR PROVIDES FALCON BIRD/WILDLIFE HARASSMENT ON THE AIRFIELD. REQUIREMENT IS FOR ESTIMATED 16 VISITS PER MONTH (16X12-192) PLUS 2 EXTRA DUTIES PER MONTH (2X12=24)

FOB: Destination

NET AMT

FALCONRY SERVICES IN RAMSTEIN AIR BASE

FALCONRY CONTRACT PERIOD: 1 OCT 2016 - 30 SEPT 2017 VENDOR PROVIDES FALCON BIRD/WILDLIFE HARASSMENT ON THE AIRFIELD. REQUIREMENT IS FOR ESTIMATED 16 VISITS PER MONTH (16X12-192) PLUS 2 EXTRA DUTIES PER MONTH (2X12=24)

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2013

BLDG 3450

D-66877 RAMSTEIN-MIESENBACH

GERMANY

480-5505

FOB: Destination F3N022

30-SEP-2014

F3N022

30-SEP-2015

F3N022

30-SEP-2016

F3N022

30-SEP-2017

F3N022

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 ADDENDUM, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

1. GENERAL INSTRUCTIONS:

1.1 To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, and representations and certifications, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate volumes: Volume I – Price Proposal. Volume II – Technical Proposal, and Volume III – Past Performance. Fax proposals will NOT be acceptable. The offer acceptance period shall be a minimum of 120 calendar days.

1.2 All volumes shall be mailed or delivered o 700 CONS/LGCA: Attn: Mrs. Svetlana Allendorf/MSgt John W. Jefferson, 700th Contracting Squadron/LGCA, Bldg 2767, room 215, 67661 Flugplatz Kapaun Air Station, Kaiserslautern, Germany. They must be received no later than 24 August 2012, 16:00 Central European Time (CET). Electronic offers will be authorized. Verify receipt of any mailed or delivered proposal with the contracting point of contact.

Note: Please be aware that it can take up to two (2) weeks for a mailed proposal to be received by 700 CONS/LGCA.

1.3 Access to Base Facility: 700 CONS is located on an Air Force (AF) installation integrated into Pulaski US Army Base. The main visitor’s gate to Pulaski Base shall be used to access the AF installation. An escort may be required as access will not be granted based solely on the need to submit a proposal. Furthermore, the US Army is conducting random exercises which may require the closure of the main entrance gate and the utilization of an alternate AF base entry. Any delay based on access will not be accepted as a reason for late receipt of the proposal by the Government.

NOTE: A site visit to the Controlled Movement Area (CMA) at Ramstein Air Base can be arranged if needed prior to a submission of the proposals within the fist week in August 2012. All requests shall be addressed to the Contract Specialist Svetlana Allendorf via email: svetlana.allendorf@ramstein.af.mil or telephonically at 0631-536-6885 by 16:00, 01 August 2012.

1.4 Evaluation factors and standards: The addendum to FAR Clause 52.212-1, INSTRUCTIONS TO OFFERORS (Feb 2012) provides information on the format and content of the proposal package and what items need to be submitted for each volume. The FAR Clause 52.212-2, EVALUATION OF COMMERCIAL ITEMS (JAN 1999), provides a complete description regarding the evaluation factor for award.

1.5 Limited probability of adequate price competition: The Contracting Officer (CO) has determined there is a limited probability of adequate price competition in this acquisition due to certification requirements for hunting with falcons or hawks in Germany. The contractor shall be in possession of the required German hunting/falconer license and perform the services in accordance with all German Federal and State Hunting Law (Bundes- und Landesjagdgesetz), the German Federal and State Environmental Protection Law (Bundes- und Landesnaturschutzgesetz) and the German T&E species regulation (Bundesartenschutzverordnung), and the Air Force Pamphlet (AFPAM) 91-212, Bird/Wildlife Aircraft Strike Hazard (BASH) Management Techniques. Upon examination of the initial proposals, the CO will review this determination and if, in the CO’s opinion, adequate price competition exists, no additional cost information will be requested. However, if at any time during this competition, the CO determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the CO to determine the reasonableness of the price.

1.6 In accordance with FAR Subpart 4.8.; Government Contract Files, the Government will retain one copy of all unsuccessful proposals.

1.7 The offeror shall apply all appropriate markings to the proposal including those prescribed in FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

1.8 Point of Contact (POC): The Procuring Contracting Officer (PCO) is the sole POC for this acquisition. Address any questions or concerns you have only to the PCO. Written requests for clarification may be sent to Mrs. Svetlana Allendorf, svetlana.allendorf@ramstein.af.mil and MSgt John W. Jefferson, john.jefferson@ramstein.af.mil. All questions must be submitted not later than 16:00 Central European Time (CET) on 31 July 2012.

2. SPECIFIC PROPOSAL PREPARATION INSTRUCTIONS

2.1 The offeror shall prepare the proposal as set forth in the Proposal Organization Table below. The titles and contents of the volumes shall be as defined in this table, all which shall be within the required page limitation and with the number of copies as specified. Pages exceeding the page limitations set forth in this Section will be removed from the proposal and will not be read or evaluated and may render the proposal unacceptable.

Table 1.1 Proposal Organizations

2.2 The page limitation for all volumes is inclusive of all material except: the front and back cover, title page, transmittal letters, tabs, and table of contents. When both sides on a page display printing, it shall be counted as 2 (two) pages. No material may be incorporated by reference. Each volume shall contain a table of contents. Tab indexing shall be used to identify sections.

2.3 All volumes shall contain pages 8 ½ X 11 inches and text using no smaller than 10 pitch, Times New Roman Font. Elaborate formats, bindings or color presentations are not desired or required.

3. VOLUME I – PRICE (FACTOR 1)

3.1 Provide a firm fixed price (FFP) proposal in accordance with the Contract Line Item Numbers (CLINs) on Standard Form (SF) 1449 Continuation Sheet.

3.1.1. All proposed prices shall be submitted in Euro.

3.2 The offeror’s proposal shall include a signed copy of the Standard Form 1449. This includes:

3.2.1 Acknowledged Solicitation Amendments. Provide all executed Standard Forms 30, or other appropriate amendment acknowledgements (if applicable).

3.2.2 Complete all blanks for unit and total prices in the Price Schedule.

4. VOLUME II – TECHNICAL PROPOSAL (FACTOR 2)

4.1 General: Information the offeror deems appropriate to address the technical criteria should be included in the proposal in an orderly format and be consistent with the evaluation criteria for award set forth in the Addendum to FAR Clause 52.212-1 of this solicitation. Proposal paragraphs shall correspond to the below evaluation factor and pertinent Performance Work Statement (PWS) paragraph (where referenced). To facilitate evaluation, the information contained in Volume II shall be specific, detailed, and clearly demonstrate that the offeror has a thorough understanding of the requirement for the accomplishment of this effort.

4.1.1 SUBFACTOR 1: Past Experience –The offeror must submit evidence of at least one (1) year of contract performance (or the past experience of a joint venture partner, key subcontractor, or instances where the offeror performed as a key personnel or a key subcontractor) during the previous 3 years, where the offeror is/was responsible for performing falconry services as identified in the Performance Work Statement (PWS).

5. VOLUME III – PAST PERFORMANCE (FACTOR 3)

5.1 The offeror shall provide relevant and recent past performance information on up to three (3) contracts. Past performance information will be evaluated on a rating of acceptable/unacceptable.

5.2 Relevant Past Performance Information. The offeror shall provide past performance information on previous and/or current contracts similar in scope and magnitude of effort and complexity to this solicitation.

Scope: Falconry Services

Magnitude: 216 visits per year.

5.3 Recent Past Performance Information. The offeror shall provide past performance information on previous and/or current contracts for Falconry Services within the last three years from the date of release of this solicitation.

5.4 If services were performed as a subcontractor, teaming partner, and/or joint venture state the overall contract value and associated subcontract value. In addition, the offeror shall provide past performance information on any subcontractor, teaming partners, and/or joint venture partner who is anticipated to perform 25 percent or greater of the effort based on the total estimated cost, or who will perform efforts that are critical to the overall successful performance.

5.5 The information for each contract or subcontract shall include the following:

Contracting Agency/Customer

Contract Number (for subcontractors, provide the prime contract number and subcontract number)

Contract Type

Total Contract Dollar Value per Year and/or Total Amount

Date of Award

Period of Performance

Description of requirement

Contracting Officer’s Name or Commercial Customer Point of Contact, Telephone Number and E-mail address

5.6 Offerors will be evaluated on their past performance under recent and relevant contracts/subcontracts for support similar to this solicitation. Offeror shall ensure that Past Performance Questionnaires provided at Attachment 2 are sent to a minimum of 3 past performance references. Include a listing of these references in the Past Performance Volume. Once responded to, Questionnaires shall be submitted directly to the PCO. The Past Performance Volume may also include any other metrics, recognitions or the like to support the Past Performance evaluation. The Government may contact references other than those identified by the offeror. The Government will review other source deemed necessary to obtain additional information that will be used in the evaluation of offerors’ past performance.

5.7 The offeror shall also submit a Summary page containing the following:

i. Description of the role of the offeror and his/her employee(s).

(End of provision)

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

(a) The Government will award one contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the lowest price technically acceptable (LPTA) proposal with acceptable past performance. The Government may award without discussions, reserving the right to hold discussions if deemed necessary by the CO.

The following Evaluation Factors will be evaluated as outlined in the addendum 52.212-1:

(i) Factor 1 – Price

(ii) Factor 2 - Technical Proposal

Subfactor 1 – Past Experience

Factor 3 – Past Performance.

(1) Factor – 1 Price. Proposed prices will be determined by multiplying the quantities identified in the SF 1449 Continuation Sheet by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amount and the total amount. Rounding of the unit price and the total amount will be limited to two digits after the decimal. The price evaluation will document the reasonableness and completeness of the total evaluated prices.

(i) Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the offeror.

a) Obviously misplaced decimal points will be corrected;

b) Discrepancy between unit price and extended price in the SF1449, the unit price will govern;

c) Apparent errors in extension of unit prices will be corrected;

d) Apparent errors in extended prices per CLIN will be corrected.

(ii) For the purposes of offer evaluation, the Government will proceed on the assumption that the offeror intends his/her offer to be evaluated on the basis of the unit prices. The total arrived at by resolution of arithmetic discrepancies listed above will be reflected on the abstract of offers. The correcting procedures shall not be used to resolve any ambiguity concerning which offer is low.

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).

(2) Factor 2 – Technical. The technical criteria below will be used to evaluate proposals for accuracy and completeness. The ratings apply to the Technical Proposal will be Acceptable or Unacceptable. A rating of Acceptable must be received in Subfactors 1 an overall Acceptable rating.

a) SUBFACTOR 1: Past Experience –The offeror must submit evidence of at least one (1) year of contract performance (or the past experience of a joint venture partner, key subcontractor, or instances where the offeror performed as a key personnel or a key subcontractor) during the previous 3 years, where the offeror is/was responsible for performing falconry services as identified in the Performance Work Statement (PWS).

Note: In the case of an offer and/or sub-contractors or joint venture partners without a record of relevant past performance or for whom information on past performance is not available or sparse that no meaningful past performance rating can be reasonably assigned, the offeror and/or sub-contractors or joint venture partners may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)), therefore, the offeror and/or sub-contractors or joint venture partners shall be determined to have unknown past performance.

In the context of acceptability/unacceptability, “Unknown” shall be considered “Acceptable.”

(i) The Past Performance information may be obtained from the following sources:

a) Past Performance Questionnaires (PPQ); The Government may provide PPQ to those references identified in Attachment 2 of this solicitation. (See clause 52.212-1, Addendum, Instructions to Offerors – Commercial Items)

b) Past performance information available from other sources such as the references identified in the Past Performance Volume III.

(4) Award Process: The Government intends to award to the lowest price, technically acceptable responsible offeror with an acceptable past performance rating. The evaluation process is as follows: discussions may or may not be held, the Government reserves the right to hold discussions at any point during the evaluation:

(i) Price. The Government will first evaluate all proposals for price, ranking the offerors from lowest to highest total evaluated price.

(ii) Technical. The lowest price proposal determined to be fair and reasonable will then be evaluated for Technical Acceptability. A proposal must be rated “Acceptable” for all technical subfactors in order to be determined technically “Acceptable.”

a. If the lowest priced offeror’s technical proposal is “Unacceptable”, the next low offeror’s technical proposal will be evaluated, continuing until an “Acceptable” technical rating with acceptable performance is identified.

(iii) Past Performance. The lowest priced, technically acceptable offeror’s Past Performance will be evaluated. The Government reserves the right that:

a) If the lowest priced, technically acceptable offeror’s past performance is determined to be “Acceptable”, the evaluation process may stop and the award may be made to that offeror.

b) If the lowest priced, technically acceptable offeror’s past performance is determined to be “Unacceptable”, the Government will evaluate the technical proposal of the next lowest offeror. This process will continue, as needed, until an offeror is rated “Acceptable” for Technical and Past Performance.

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

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

"Forced or indentured child labor" means all work or service-

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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.

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.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.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 (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

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

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

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

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, 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 to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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) (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 CCR Dynamic Small Business Search database maintained by the Small Business Administration, 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)(10)(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: ____________.)

(11) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

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

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

(f) Buy American 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 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 Act--Supplies.”

(2) Foreign End Products:

(List as necessary)

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

(g)(1) Buy American 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 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, 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 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, Moroccan, Omani, or Peruvian 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, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

[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, 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 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.

(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:

(4) Buy American Act--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, or Peruvian 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, Korean, Moroccan, Omani, 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:

(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). (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 --

(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…