Combined Synopsis-Soliciation Parts to relocate depaint.doc
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FA810011Q0017 Combined Synopsis/Solicitation
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Combined Synopsis/Solicitation
(IAW FAR 12.603)
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; proposals are being requested and a written solicitation will not be issued.
The Oklahoma City-Air Logistics Center (OC-ALC/PKEA) at Tinker Air Force Base Oklahoma, intends to negotiate a firm fixed price contract for the acquisition of Parts to Relocate Depaint. This solicitation is issued as a request for quote (RFQ) FA8100-11-Q-0017 This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-32.
Contractor is required to sign this document (see page 2) and return 1 copy to issuing office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.
Proposal Submission Information:
The proposal in response to this RFQ must be submitted to the Contracting Specialist on or before 4:00PM Central Standard Time, 16 May 2011. The offeror should hold offered prices firm for 60 days Contact the following individual for information regarding this solicitation:
NOTE: Emailed proposals are preferred
Candace Thornton Contract Specialist Candace.thornton@tinker.af.mil
Phone: (405)-739-9118 Facsimile proposals will be accepted at (405) 734-1142 *email is preferred
EVALUATION OF RESPONSES:
Award will be conducted and evaluated under the provisions of FAR Part 12, Commercial Items, and FAR Part 13, Simplified Acquisition. The responsible offerors must be registered in the Online Representations and Certifications (ORCA) database (available at: http://orca.bpn.gov/) system per FAR 52.212-3, and submit a completed copy of the Offeror Representations and Certifications – Commercial Items with their proposal. Offerors must also be registered in the Central Contractor Registration database (available at: www.ccr.gov) per FAR 52.212-1. Lack of registration in CCR will qualify contractor as ineligible for award. All responsible sources may submit a proposal in response to this solicitation, which shall be considered. This solicitation is being issued as a Request for Quote (RFQ), for a firm fixed type contract. The Oklahoma City-Air Logistics Center (OC-ALC/PKEA) at Tinker Air Force Base Oklahoma intends to issue a competitive contract for Parts to Relocate Depaint.
CLASSIFICATION DATA
REQUISITION NUMBER:
FD20301133045
SOLICITATION NUMBER
FA810011Q0017
SOLICITATION ISSUE DATE:
04 May 2011
SOLICITATION DUE DATE:
16 May 2011
THIS ACQUISITION IS:
SOLE SOURCE
X
SET ASIDE 100% FOR SB
| SIZE STD: |
| FEDERAL SUPPLY CLASS: |
| NAICS: 423840 |
| DELIVERY: |
X
SEE ITEM DESC
FOB DESTINATION
FOB ORGIN
DPAS RATING: N/A
METHOD OF SOLICITATION:
REQUEST FOR QUOTE
SIGNATURE OF OFFEROR:
DATE:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 0001 |
| Watts or equivalent Temperature and Pressure Valve, 1” Female National Pipe Thread, Set at 150 PSI |
| 2 |
| EA |
| $ |
| $ |
| 0002 |
| Watts or equivalent 2” Female National Pipe Thread, Reduced Pressure Backflow Preventer with Strainer |
| 1 |
| EA |
| $ |
| $ |
| 0003 |
| 1-1/2” Female National Pipe Thread Stainless Steel Ball Valve, Threaded Connections |
| 3 |
| EA |
| $ |
| $ |
| 0004 |
| ½”or ¾” Female National Pipe Thread Stainless Steel Regulator, ¼” Female National Pipe Thread Gauge Port |
| 3 |
| EA |
| $ |
| $ |
| 0005 |
| ¼” Stainless Steel Male National Pipe Thread Regulator Gauge |
| 3 |
| EA |
| $ |
| $ |
Period of Performance: 4 Weeks ARO PRICING: Parts to relocate depaint.
ALL LINE ITEMS ARE FIRM FIXED PRICE :
***CONTRACTOR TO ATTACH PROPOSAL AND PRICE LISTING***
TOTAL FIRM FIXED PRICE AMOUNT: $____________________
CONTRACTOR IS CCR REGISTERED.
REGISTRATION IS VALID UNTIL:
Point of Inspection and Acceptance: Destination Primary: Philip Wiebe 76MXSS/MXDVBBB 405-582-4489 CONTRACTOR SHALL SUBMIT ALL INVOICES IN ARREARS OF DELIVERY THROUGH WIDE AREA WORK FLOW (WAWF). SEE CLAUSE TAFB 100-15.
FOB: Destination
PURCHASE REQUEST NUMBER: FD20301133045
NET AMT
| NET AMT FOR ALL CLINS: |
| $ |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
2 EA
1EA
3EA
3EA
3EA
Philip Wiebe Bldg 9001 Door E 69-3 7532 Joint Star Drive
Tinker AFB 73145
Philip Wiebe Bldg 9001 Door E 69-3 7532 Joint Star Drive
Tinker AFB 73145
Philip Wiebe Bldg 9001 Door E 69-3 7532 Joint Star Drive
Tinker AFB 73145
Philip Wiebe Bldg 9001 Door E 69-3 7532 Joint Star Drive
Tinker AFB 73145 Philip Wiebe Bldg 9001 Door E 69-3 7532 Joint Star Drive
Tinker AFB 73145
F3YCEF
F3YCEF
F3YCEF
F3YCEF
F3YCEF
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE:
F3YCEF
Philip Wiebe Bldg 9001 Door E 69-3 7532 Joint Star Drive
Tinker AFB 73145
MARK FOR: Philip Wiebe REQUISITION NUMBER: (See Individual Line Item)
REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
TAFB 100-15. WAWF DODAAC AND EMAIL DISTRIBUTION TABLE
Submit invoices and receiving reports to https://wawf.eb.mil with the following information:
Invoice Type: INVOICE AND RECEIVING REPORT (COMBO)
*Contract Number: SEE BLOCK 2
*Delivery Order:
*Issue Date: SEE BLOCK 3
*Issue DODAAC: FA8100
*Admin DODAAC: FA8100
*Inspected By DODAAC/Ext: SAME AS SHIP TO
*Ship To Code/Ext:
*Ship From Code:
*LPO DODAAC/Ext:
*Pay DODAAC: HQ0337
ADDITIONAL EMAIL NOTIFICATIONS:
1. candace.thornton@tinker.af.mil
2. mary.skaggs@tinker.af.mil
3. patty.hill@tinker.af.mil Payments may be expedited electronically via the Internet through the Wide Area Work Flow (WAWF) system.
WAWF may be accessed at https://wawf.eb.mil.
WAWF Training may be accessed online at http://www.wawftraining.com.
Payment information may be accessed using the DFAS website at https://www.dfas.mil. Your purchase order/contract number or invoice will be required to inquire status of your payment.
CONTRACT CLAUSES
52.212-5
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2010)
(IAW FAR 12.301(b)(4))
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
__ __ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1)
52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).
___ (2)
52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.
110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
___ (3)
52.203-15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(Applies to contracts funded by the American Recovery and
Reinvestment Act of 2009.)
___ (4)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5)
52.204-11, American Recovery and Reinvestment Act—Reporting Requirements
(Jul 2010) (Pub. L. 111-15).
___ (6)
52.209-6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31
U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).
___ (7) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).
___ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
(9) [Reserved]
_X_ (10)
(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C.
644).
___ (10)
(ii) Alternate I (Oct 1995) of 52.219-6.
___ (10)
(iii) Alternate II (Mar 2004) of 52.219-6.
___ (11)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.
644).
___ (11)
(ii) Alternate I (Oct 1995) of 52.219-7.
___ (11)
(iii) Alternate II (Mar 2004) of 52.219-7.
___ (12) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C.
637(d)(2) and (3)). (Use in accordance with DDP Memo dated 19 Nov
2009, DARS Tracking Number 2009-O0009, Class Deviation to the
FAR—Small Disadvantaged Business Certification for Subcontractors.)
___(13)
(i) 52.219-9, Small Business Subcontracting Plan (Oct 2010)(15 U.S.C.
637(d)(4)).
__ __ (13)
(ii) Alternate I (Oct 2001) of 52.219-9.
__ __ (13)
(iii) Alternate II (Oct 2001) of 52.219-9.
____ (13)
(iv) Alternate III (Jul 2010) of 52.219-9.
____(14) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).
__ __ (15) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ __ (16)
(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged
Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). (In accordance with DDP Memo dated 11 Feb 2009, DAR Tracking Number
2009-O0003, Suspension of the Price Evaluation Adjustment for Small
Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 13 March 2010.)
__ __ (16)
(ii) Alternate I (June 2003) of 52.219-23. (In accordance with DDP Memo dated
11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the
Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13
March 2009 to 12 March 2010.)
__ __ (17) 52.219-25, Small Disadvantaged Business Participation
Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L.
103-355, section 7102, and 10 U.S.C. 2323). (Use in accordance with
DDP Memo dated 19 Nov 2009, DARS Tracking Number 2009-O0009, Class Deviation to the FAR—Small Disadvantaged Business
Certification for Subcontractors.)
__ __ (18) 52.219-26, Small Disadvantaged Business Participation Program—Incentive
Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10
U.S.C. 2323).
__ __ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business
Set-Aside (May 2004)(15 U.S.C. 657 f).
__X __ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009)
(15 U.S.C. 632(a)(2)).
__X __ (21) 52.222-3, Convict Labor (June 2003)(E.O. 11755).
__X __ (22) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul
2010)(E.O. 13126).
__X __ (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
__X __ (24) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
__ __ (25) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
__ __ (26) 52.222-36, Affirmative Action For Workers with Disabilities (Oct 2010)(29 U.S.C.
793).
__ __ (27) 52.222-37, Employment Reports on Veterans (Sep 2010)(38 U.S.C. 4212).
_____ (28) 52.222-40, Notification of Employee Rights Under the National Labor relations
Act (Dec 2010) E.O. 13496).
__ __ (29) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order
12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ __ (30)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for
EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ _ (30)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ __ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)
(42.U.S.C. 8259b).
__ __ (32)
(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of
Personal Computer Products (Dec 2007) (E.O. 13423).
__ _ (32)
(ii) Alternate I, (Dec 2007) of 52.223-16.
____ (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep
2010)(E.O. 13513)
__ __ (34) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).
__ __ (35)
(i) 52.225-3, Buy American Act--Free Trade Agreement--Israeli Trade Act (Jun
2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).
__ _ (35)
(ii) Alternate I (Jan 2004) of 52.225-3.
__ _ (35)
(iii) Alternate II (Jan 2004) of 52.225-3.
__ __ (36) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
__X __ (37) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign
Assets Control of the Department of Treasury).
__ __ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C.
5150).
__ __ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(Nov 2007)(42 U.S.C. 5150).
__ __ (40) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41
U.S.C. 522(f), 10 U.S.C. 2307(f)).
__ __ (41) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.
255(f), 10 U.S.C. 2307(f)).
__ __ (42) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor
Registration (Oct 2003)(31.U.S.C. 3332).
__ __ (43) 52.232-34, Payment by Electronic Funds Transfer—Other than Central
Contractor Registration (May 1999)(31.U.S.C. 3332).
__ __ (44) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
__ __ (45) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
__ __ (46)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ _ (46)
(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29
U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment
(Multiple Year and Option Contracts) (Sep 2009)(29 U.S.C. 206 and 41
U.S.C. 351, et seq.).
__ __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment
(Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment—Requirements (Nov 2007) (41 U.S.C. 351 et seq.).
__ __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009)(41 U.S.C. 351 et seq.).
__ __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar
2009) (Pub. L. 110-247).
__ __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.
5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d)if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title
VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 20106) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-10, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222040.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007),(41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104 (g)).
Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007)(41 U.S.C.351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain
Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment eligibility Verification (Jan 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.
110-247). Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
252.212-7001
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIALITEMS (DEC 2010)
(IAW DFARS 212.301(f)(iii))
(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement provision of law applicable to acquisitions of commercial items or components.
__ __ 52.203-3 Gratuities (APR 1984) (10 U.S.C. 2207)
(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.
__X __ (1) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).
__ __ (2) 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).
__ __ (3) 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637).
__ __ (4) 252.219-7004 Small Business Subcontracting Plan (Test Program) (OCT 2010) (15 U.S.C. 637 note).
__ __ (5) 252.225-7001 Buy American Act and Balance of Payment Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582). (DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7001 dated Jul 2009) __ __ (6) 252.225-7008 Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C.2533b).
__ __ (7) 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10 U.S.C. 2533b).
__ __ (8) 252.225-7012 Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).
__ __ (9) 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).
__ __ (10) 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (DEC 2010) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).
__ __ (11)
(i) 252.225-7021 Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301note). (DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7021 dated Jul 2009)
__ __ (11)
(ii) 252.225-7021 Alternate I (SEP 2008).
_____(11)
(iii) 252.225-7021 Alternate II (DEC 2010) of 252.225-7021.
__ __ (12) 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).
__ __ (13) 252.225-7028 Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).
__ _ (14)
(i) 252.225-7036 Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL 2009) (41 U.S.C. 10a – 10d and 19 U.S.C. 3301 note).( DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7036 dated Jul 2009) __ __ (14)(ii) 252.225-7036 Alternate I (JUL 2009) of 252.225-7036. (DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7036 ALT I dated Jul 2009) __ __ (14)
(ii) 252.225-7036 Alternate I (JUL 2009) of 252.225-7036.
___ _(14)
(iii) 252.225-7036 Alternate II (DEC 2010) of 252.225-7036.
____ (14)
(iv) 252.225-7036 Alternate III (DEC 2010) of 252.225-7036.
__ _ (15) 252.225-7038 Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).
__ __ (16) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).
__ __ (17) 252.227-7015 Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).
__ __ (18) 252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C 2321).
_ X _ (19) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).
_ __ (20) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375)
____ (21) 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84)
__ __(22) 252.243-7002 Requests For Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).
____ (23) 252.246-7004 Safety of Facilities, Infrastructure, and Equipment For Military Operations (OCT 2010) (Section 807 of Public Law 111-84).
____ (24) 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).
_X _ (25)
(i) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
__ __ (25)
(ii) 252.247-7023 Alternate I (MAR 2000) of 252.247-7023.
__ __ (25)
(iii) 252.247-7023 Alternate II (MAR 2000) of 252.247-7023.
__X __ (23)
(iv) 252.247-7023 Alternate III (MAY 2002) of 252.247-7023.
__ __ (26) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:
(1) 252.237-7019, Training for Contractor Personnel Interacting With Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375)
(2) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).
(3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).
(4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
ADDENDUM TO CLAUSE 52.212-4
5352.201-9101
OMBUDSMAN (APR 2010)
(IAW AFFARS 5301.9103)
(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM or
AFISRA ombudsmen, OC-ALC/PKC at 405 736 -3273 , FAX 000 000 -0000 , email . Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant
Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number
(703) 588-7004, facsimile number (703) 588-1067.
252.203-7002
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(JAN 2009)
(IAW DFARS 203.970)
252.204-7008
EXPORT-CONTROLLED ITEMS (APR 2010)
(IAW DFARS 204.7304)
52.211-8
TIME OF DELIVERY (JUN 1997)
(IAW FAR 11.404(a)(2))
DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE ITEM.
252.203-7002
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(JAN 2009)
(IAW DFARS 203.970)
252.211-7003
ITEM IDENTIFICATION AND VALUATION (AUG 2008)
(IAW DFARS 211.274-6(a), DFARS 212.301(f)(vi))
(a) Definitions. As used in this clause—
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.html . “Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html .
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) All delivered items for which the Government’s unit acquisition cost is $5,000 or more.
(ii) The following items for which the Government’s unit acquisition cost is less than $5,000:
Contract Line, Subline, or
Exhibit Line Item Number
Item Description
*Items less than $5000, which require UID, will be specifically identified in the schedule.
See Schedule as Applicable
(iii) Subassemblies, components, and parts embedded within delivered items as specified in
Attachment Number (See Schedule as Applicable).
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (b)(19):
52.219-28
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in
ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code
_____________ assigned to contract number ______________________________.
[Contractor to sign and date and insert authorized signer's name and title].
52.223-18
CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (SEP 2010)
(IAW FAR 23.1105)
252.232-7010
LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(IAW DFARS 232.7102)
ACCOUNTING AND APPROPRIATION DATA (AUG 1998)
Accounting and Appropriation Chargeable
ACRN Funds Citation Amount Chargeable
AA 97 X4930 .FA27 6L 1 47 E4 556370 MU1110 80095 MDXXX0 503000 F03000
PSR: 975591 FSR: 026109
ACRN TOTAL
$ 0.00
252.246-7000
MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)
(IAW DFARS 246.370)
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503) Government Contract Quality Assurance Inspection and Acceptance will be at destination(s) specified herein
(Final).
Item No(s): 0001, 0002, 0003, 0004, 0005
SOLICITATION PROVISIONS
REPRESENTATIONS, INSTRUCTIONS AND EVALUATIONS
52.212-3
OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS
(OCT 2010)
(IAW FAR 12.301(b)(2))
(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certification electronically via the ORCA website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR
52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (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 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: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph
(c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.
(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the
Targeted Industry Categories under the Small Business Competitiveness Demonstration Program.
[Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]
(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it [ ] is, [ ] is not an emerging small business.
(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:
(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or
(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average
Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).
(Check one of the following):
Average Annual Gross
Number of Employees Revenues
____50 or fewer ____$1 million or less
____51 – 100 ____$1,000,001 - $2 million
____101 - 250 ____$2,000,001 - $3.5 million
____251 – 500 ____$3,500,001 - $5 million
____501 – 750 ____$5,000,001 - $10 million
____751 - 1,000 ____$10,000,001 - $17 million
____Over 1,000 ____Over $17 million
(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation
Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business
Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]
(i) General. The offeror represents that either--
(A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small
Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth or 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 a part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture: [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: _______________________________________.]
(d) Representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject either 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) 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:
Line Item No.
Country Of Origin
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g) (1) Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that 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:
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR
Part 25.
(2) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. 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":
(ii) Canadian End Products:
Line Item No.
[List as necessary]
(3) Buy American Act--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 Act--Free Trade
Agreements--Israeli Trade Act":
(ii) Canadian or Israeli End Products:
[List as necessary]
(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”
Request for Quotation FA8100-11-Q-0010
(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 America
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 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 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
(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. section 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax
Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. section 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. section
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. section 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 (j)(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.
Listed End Product
Listed Countries of Origin
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph
(j)(1) of this provision, then the offeror must certify to either (j)(2)(i) or (j)(2)(ii) by checking the appropriate block.]
[ ] (i) The offeror will not supply any end product listed in paragraph (j)(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 (j)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of Manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [ ] Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)
(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).
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