FA800322Q0003 MWD Shipping Combo 2 Dec 21.docx

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OCONUS Shipping Military Working Dogs - Amendment 1
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FA800322Q0003
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Attachment 3 - BPA Pricing Worksheet - 2 Dec 21.docx DOCX document
Attachment 1 - Shipping SOW 2 Dec 21.docx DOCX document
Attachment 2 - Ordering Guide 2 Dec 21.docx DOCX document

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FA800322Q0003

Combination Synopsis & Solicitation Request for Quote (RFQ) OCONUS Shipping Military Working Dogs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This acquisition is executed in accordance with the commercial acquisition procedures of FAR Part 12 and the Simplified Acquisition Procedures (SAP) of FAR 13 as supplemented (Federal Acquisition Circular 2021-07/9-10-2021). This is not a Source Selection; the procedures of FAR 15 do not apply. This solicitation is issued as a Request for Quotation (RFQ).

Vendors are requested and/or complete the attached documents as instructed:

· Attachment 1: Statement of Work

· Attachment 2: Ordering Guide

· Attachment 3: BPA Pricing Worksheet

This RFQ is being solicited under Full and Open Competition with no further Set-Asides. The NAICS code is 481112 - Scheduled Freight Air Transportation The government intends to award Firm-Fixed Price (FFP) Blanket Purchase Agreements (BPAs) to multiple vendors to provide Overseas Shipping & Transportation Services of Military Working Dogs MWDs for the Department of Defense (DoD) and Transportation Security Administration (TSA). The number of BPAs awarded will be at the government’s discretion.

All resultant orders to be made under the BPA vehicle will be under the Simplified Acquisition Threshold. The BPA ceiling for all CONUS BPAs under this acquisition combined is $4,000,000.00. Orders will be solicited from current BPA holders and will be awarded based solely on lowest price (see Attachment 2 – Ordering Guide).

Quote Submission Requirements

Each volume must be submitted as a separate electronic file. Use letter sized, one sided only with one-inch margins and single-spaced. Number the pages of each volume consecutively. Use 12 point Times New Roman font with normal (uncondensed) spacing.

Quotes must be clear, coherent, and prepared in sufficient detail for effective evaluation. Quotes must include convincing rationale and substantiation of all claims. Vendors shall assume that the government has no prior knowledge of their experience and will base its evaluation on the information presented in the vendor’s Quote.

Quotes shall be clearly marked with the solicitation number, “FA800322Q0003”.

Proposals must be valid for at least 120 calendar days from the Quote due date. A quote allowing less than the government’s minimum acceptance period may be rejected.

Your Cover Letter shall include the following:

1) Solicitation Number and Solicitation Title

2) Contractor Name

3) DUNS Number

4) Provide the following statement “Our quote is in compliance with paragraph (b)(2) of FAR Provision 52.212-3 and that paragraphs (c) through (t) of the provision, as seen in the SAM.gov database, are current, accurate, complete and applicable to this solicitation.” If any of the paragraph as seen in SAM.gov are not current, accurate, complete and applicable to this solicitation, the vendor is required to submit for purposes of this solicitation a completed Attachment (5) Offeror Representations and Certifications.

5) Complete Business Mailing Address

6) Point(s) of contact (name, title, email address, phone number)

7) Canine Classification(s) vendor is quoting

8) Teaming Partners, Subcontractors, and/or Contractor Teaming Arrangements (CTA)

9) Other pertinent Information

10) Signature

Questions shall be submitted via email to the Contracting Officer (CO) Jennifer Kessler jennifer.kessler.1@us.af.mil no later than 2:00 PM Eastern on 7 Jan 2022.

Quotes shall be submitted via email to the Contracting Officer (CO) Jennifer Kessler jennifer.kessler.1@us.af.mil no later than 2:00 PM Eastern on 1 Feb 2022.

The total number of pages shall not exceed those identified in the table below. Failure to fully adhere to the page limitations and prescribed formatting may result in your firm’s disqualification from the competition.

Due to DoD restrictions on the size of email, please ensure that all emails submitted are less than 5MB. If the quote exceeds 5MB, please divide into multiple emails and include in the subject: MWD RFQ; Volume No.; Company Name; and the # of # emails. Any electronic submission determined to contain a virus will be deleted and not viewed or accepted for consideration. A vendor may also submit documents via DoD SAFE (https://nrd.gov/resource/detail/21073929/DoD+SAFE+%28Secure+Access+File+Exchange%29), but is still required to notify the CO above via email notifying them that they have done so.

Volume
Description
Page Limit
Signed Cover Letter
No more than 1
1
Technical (Factor 1)
No more than 7 pages

Payment of Quote Costs: This solicitation does not commit the government to pay any cost incurred in the submission of the quote or in making necessary studies or designs for the preparation thereof, nor to contract for services or supplies.

Evaluation Methodology: The government intends to award multiple BPAs. The number of BPAs awarded will be at the government’s discretion. Vendors that received technical acceptability may receive an award.

The Government will not use the formal source selection procedures described in FAR Part 15 or the procedures in FAR Part 16.5.

Proposals that do not respond to all requirements in this solicitation may be rejected without further evaluation. The government may reject any quote that is evaluated to be significantly not compliant with the solicitation requirements, or reflects a failure to comprehend the complexity and risks of this procurement.

The government may waive informalities and minor irregularities in proposals received.

Multiple awards are contemplated; however the government reserves the right to make a single award if in the Government’s best interest.

The following represent the factors which will be evaluated in making an award determination:

1. Technical

Required Quote Documents All vendors shall submit the following documents in support of the evaluation criteria. All required documents must be submitted for an offer to be considered by the government.

Volume 1: Technical Volume Any interested Vendors shall submit a technical volume. By your quote submission, you are representing that you will perform all the requirements specified in the solicitation. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

The Technical Volume must include a Shipping Plan and a Ground Transportation Plan. All the requirements specified in the solicitation are mandatory. The contractor shall address the proposed approach to meeting the minimum performance or capability requirements of the SOW. Marketing presentations are not wanted and will not be evaluated. Hard and compelling evidence of capabilities is required to receive credit for evaluation factors. Legibility, clarity, and coherence are very important. Vendors are strongly encouraged to provide as specifically as possible, the actual methodology to be used for accomplishing and satisfying the requirements.

(A) Shipping Plan

Vendors shall demonstrate its understanding of the respective SOW requirements by discussing how it will meet or exceed those requirements. The vendors shall include in its demonstration details pertaining to its transportation plans, access to relevant transportation venues, storage, shipping, and holding facilities, veterinary facilities, and any partnering relationships that it will rely on to provide the proper care, transport, and shipment of Military Working Dogs (MWDs).

(B) Ground Transportation Plan

It is the government’s intent to ensure and maximize the safety of the MWD at all times, which includes the ground transportation from arrival airport to JBSA Lackland, TX. Vendors shall clearly demonstrate their understanding of the respective SOW section 2.4, Transporting MWDs/GWDs by Ground Conveyance. The Vendors shall detail in the plan how they will meet or exceed the grounds transportation requirements from arrival airport to JBSA Lackland, TX to ensure the safety of the MWDs/GWDs at all times. The plan shall address the climate control requirements of the SOW and identify mitigation efforts that will be taken for extreme weather situations.

Process of Evaluation

1. Technical Evaluation

The government will evaluate quotes for technical acceptability. The evaluation factors listed below will be evaluated and receive one of the following ratings:

Adjective Rating
Description

Acceptable

The technical volume demonstrates the vendor has access to adequate resources, equipment, and facilities to meet the requirements of the SOW.

Unacceptable
The technical volume does not demonstrate the vendor has access to adequate resources, equipment, and facilities to meet the requirements of the SOW.

Basis of Award

The government intends to award multiple BPAs. The number of BPAs awarded will be at the government’s discretion. Vendors that received technical acceptability may receive an award.

Provisions and Clauses

FAR Clauses Incorporated by Reference

NumberTitleEffective Date
52.203-12Limitation on Payments to Influence Certain Federal Transactions.2010-10
52.204-7System for Award Management.2018-10
52.204-13System for Award Management Maintenance2018-10
52.204-16Commercial and Government Entity Code Reporting.2018-10
52.204-18Commercial and Government Entity Code Maintenance.2016-07
52.204-19Incorporation by Reference of Representations and Certifications.2014-12
52.204-21Basic Safeguarding of Covered Contractor Information Systems.2014-12
52.209-10Prohibition on Contracting with Inverted Domestic Corporations.2015-11
52.212-1Instructions to Offerors-Commercial Items2018-10
52.212-4Contract Terms and Conditions-Commercial Items.2018-10
52.225-25Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.2018-08
52.232-19Availability of Funds for the Next Fiscal Year.1984-04
52.232-33Payment by Electronic Funds Transfer-System for Award Management.2018-10
52.232-39Unenforceability of Unauthorized Obligations.2013-06
52.232-40Providing Accelerated Payments to Small Business Subcontractors.2013-12
52.233-3Protest after Award.1996-08
52.233-4Applicable Law for Breach of Contract Claim.1996-08
52.242-15Stop-Work Order.1989-08
52.247-34F.o.b. Destination.1991-11

FAR Clauses Incorporated by Full Text

52.212-3 Offeror Representations and Certifications-Commercial Items. 2019-12 As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications-Commercial Items (Dec2019) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision- Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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.

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

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

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

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

(1)PSC 5510, Lumber and Related Basic Wood Materials;
(2)Product or Service Group (PSG) 87, Agricultural Supplies;
(3)PSG 88, Live Animals;
(4)PSG 89, Subsistence;
(5)PSC 9410, Crude Grades of Plant Materials;
(6)PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7)PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8)PSC 9610, Ores;
(9)PSC 9620, Minerals, Natural and Synthetic; and
(10)PSC 9630, Additive Metal Materials.

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

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1)Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2)Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3)Consist of providing goods or services to marginalized populations of Sudan;
(4)Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5)Consist of providing goods or services that are used only to promote health or education; or
(6)Have been voluntarily suspended.Sensitive technology-

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 veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2)Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1)Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-
(i)One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at
(1)Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it [_]is, [_]is not a small disadvantaged business concern as defined in 13 CFR124.1002.
(2)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.
(3)WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women- owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i)It [_]is, [_]is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii)It [_]is, [_]is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(4)Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i)It [_]is, [_]is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no 13 CFR 124.104) individuals who are citizens of the United States; and
(ii)Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and
(2)The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1)Directly by a parent corporation; or
(2)Through another subsidiary of a parent corporation

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

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part127), 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.

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 least51 percent of the stock of which is owned by one or more women; and
(2)Whose management and daily business operations are controlled by one or more women. (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 in SAM
(2)The offeror has completed the annual representations and certifications electronically in SAM accessed through http:// www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(d)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.

change in circumstances or adverse decisions have been issued that affects its eligibility; and

(i)It [_]is, [_]is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:
.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(4)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.
(5)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:
(6)HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1) of this provision.] The offeror represents, as part of its offer, that-
(i)It [_]is, [_]is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii)It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(e)Representations required to implement provisions of Executive Order11246-
(1)Previous contracts and compliance. The offeror represents that-
(i)It [_] has, [_] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii)It [_] has, [_] has not filed all required compliance reports.
(2)Affirmative Action Compliance. The offeror represents that-
(i)It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii)It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(f)Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ 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.
(g)Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American- Supplies, is included in this solicitation.)
(1)The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. The terms commercially available off-the-shelf (COTS) item component, domestic end product, end product, foreign end product, and United States are defined in the clause of this solicitation entitled Buy American-Supplies.

(2) Foreign End Products:

| Line Item No. || Country of Origin |

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[List as necessary]

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

25. (g)

(1)Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i)The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a

domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product, commercially available off-the-shelf (COTS) item, component, domestic end product, end product, foreign end product, Free Trade Agreement country, Free Trade Agreement country end product, Israeli end product, and United States are defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act.

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

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

| Line Item No. || Country of Origin |

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[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-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:

| Line Item No. || Country of Origin |

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[List as necessary]

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

| Line Item No. |

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

| Line Item No. || Country of Origin |

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[List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225- 3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act:

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

| Line Item No. || Country of Origin |

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[List as necessary]

(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:

| Line Item No. || Country of Origin |

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[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 statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h)Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/ or any of its principals-
(1)[_]Are, [_]are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2)[_]Have, [_]have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(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 [_]Have, [_]have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i)Taxes are considered delinquent if both of the following criteria apply:
(A)The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B)The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii)Examples.
(A)The taxpayer has received a statutory notice of deficiency, under I.R.C. ?6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the

taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial 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. ?6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C)The taxpayer has entered into an installment agreement pursuant to I.R.C. ?6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D)The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. ?362 (the Bankruptcy Code).
(i)Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1)Listed end products.
(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 it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j)Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1)[_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2)[_] Outside the United States.
(k)Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [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 (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii)The services will be furnished at prices which are, or are based on, established catalog or market prices (see 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 Labor Standards 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)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 the SAM to be eligible for award.)
(1)All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2)The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3)Taxpayer Identification Number (TIN). [_] TIN:.

[_] TIN has been applied for. [_] TIN is not required because:

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

(4) Type of organization.

[_] Offeror is an agency or instrumentality of a foreign government;

[_] Offeror is an agency or instrumentality of the Federal Government [_] Sole proprietorship; [_] Partnership;

[_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt);

[_] Government entity (Federal, State, or local); [_] Foreign government;

[_] International organization per 26 CFR1.6049-4; [_] Other.
(5)Common parent.

[_] Offeror is not owned or controlled by a common parent; [_] Name and TIN of common parent:

Name. TIN.
(m)Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(n)Prohibition on Contracting with Inverted Domestic Corporations.
(1)Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2)Representation. The Offeror represents that-
(i)It [_]is, [_] is not an inverted domestic corporation; and
(ii)It [_]is, [_]is not a subsidiary of an inverted domestic corporation.
(o)Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1)The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(2)Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i)Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii)Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii)Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource- center/sanctions/ SDN-List/Pages/default.aspx).
(3)The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-
(i)This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
(ii)The offeror has certified that all the offered products to be supplied are designated country end products.
(p)Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation).
(1)The Offeror represents that it [_] has or [_] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2)If the Offeror indicates has in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code:.
Immediate owner legal name:. (Do not use a doing business as name)

Is the immediate owner owned or controlled by another entity: [_] Yes or [_] No.

(3)If the Offeror indicates yes in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:. Highest-level owner legal name:. (Do not use a doing business as name)
(q)Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(1)As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that-
(i)Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is
(ii)Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(2)The Offeror represents that-
(i)It is [_] is not [_] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(ii)It is [_] is not [_]a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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