FA8532-10-Q-23040.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J

1. REQUISITION NUMBER

FD2060-10-23040

5. SOLICITATION NUMBER

FA8532-10-Q-23040

6. SOLICITATION ISSUE DATE

26 APR 2010

b. TELEPHONE NUMBER (No collect calls)

(478 ) 222 -1881 ext.

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

a. NAME

Kyle L. Hering

8. OFFER DUE DATE/LOCAL

TIME

26MAY2010

12. DISCOUNT TERMS

11. DELIVERY FOR FOB DEST.

UNLESS BLOCK IS MARKED

SEE SCHEDULE

10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUS

NAICS CODE: 333220

SIZE STD: 500

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

DO: C9 52.211-14, 52.211-15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

642 CBSG PKAB, FLIGHT LINE & BASE MAINTENANCE SPAR

460 RICHARD RAY BLVD STE 200

CML PHN 478 222 1912

ROBINS AFB GA 31098-1813

BUYER: Kyle L. Hering/642 CBSG Kyle.Hering@robins.af.mil Phone: (478) 222- 1881 Fax: (478) 222-1854 No Collect Calls

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR FACILITY

CODE CODE

18a. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED. SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.

FA8532

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 90 days.

ELECTRONIC RESPONSE (EMAIL) IS PREFERRED.

ATTENTION IS DIRECTED TO PROVISION HEREIN ENTITLED EVALUATION BASIS FOR AWARD

(Attach Additional Sheets as Necessary)

26. AWARD AMOUNT (For Gov’t use only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES 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.

29. AWARD OF CONTRACT: REF. OFFER DATED - - . YOUR OFFER ON

SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

X

X X

X

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

X

SCD:B

EFT:T

Total

STANDARD FORM 1449 (REV. 4/2002) BACK

COMPUTER GENERATED 4/26/2010, 9:11 AM

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32c. DATE

41c. DATE

33. SHIP NUMBER 34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER36. PAYMENT

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY 22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Attach Additional Sheets as Necessary)

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

Request for Quotation FA8532-10-Q-23040

SUPPLIES OR SERVICES AND PRICES/COSTS

Note: NSN 4920-01-509-8831RN is assigned for authorization & procurement purposes only. No items will be shipped under this NSN. Award will be made using assigned asset NSN.

Offeror is to include part number quoting and advise if the part number already has an NSN assigned.

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

12 EA

CLIN ACRN ACRN Total

0001 AA

NSN: 4910-01-509-8831 RN

Mounter-Demounter, Pneumatic Tire, Stationary IAW CID A-A-58065B dated 26 Feb 2003 and Amendment dated 29 Jul 2009 attached hereto Manufacturer Part Number

00000 AA58065III

Purchase Request(s) PR Line Item(s)

FD20601023040 0001

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow

Quality Assurance: Commercial Item Inspection New Material, Surplus Not Acceptable Trade Agreement Act

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A FE4802 ORIGIN

Type / Ship To PACRN Mark For

A FE4802 PAA YBT354

A FE4802 PAA YBT354

A FE4802 PAA YBT354

A FE4802 PAA YBT354

A FE4802 PAA YBT354

A FE4802 PAA YBT354

A FE4802 PAA YBT354

A FE4802 PAA YBT354

A FE4802 PAA YBT354

A FE4802 PAA YBT354

A FE4802 PAA YBT354

A FE4802 PAA YBT354

Type / Ship To Quantity (U/I) *ARO Written

Notice of Award _ Req No / Pri

Required Delivery

A FE4802 1 EA

*150 Calendar Days FE480292440141 / PRI:

*150 Calendar Days FE480292440142 / PRI:

*150 Calendar Days FE480292440143 / PRI:

*150 Calendar Days FE480292440144 / PRI:

*150 Calendar Days FE480292440145 / PRI:

*150 Calendar Days FE480292440146 / PRI:

*150 Calendar Days FE480292440147 / PRI:

*150 Calendar Days FE480292440148 / PRI:

*150 Calendar Days FE480292440149 / PRI:

*150 Calendar Days FE480292440150 / PRI:

*150 Calendar Days FE480292440151 / PRI:

*150 Calendar Days FE480292440152 / PRI:

Proposed

Option I may be exercised, from time to time, anytime within 365 days from date of award. The total quantity ordered under this option shall not exceed the maximum quantity of 10 each. Multiple option periods may be exercised simultaneously. An option is determined to have been exercised when transmitted electronically by fax or email. Options may be used for USAF and FMS purposes. Subclins may be established for administrative purposes.

From

Quantity U/I To Quantity U/I Unit Price

1 EA 10 EA

1001 AB

NSN: 4910-01-509-8831 RN

Mounter-Demounter, Pneumatic Tire, Stationary IAW CID A-A-58065B dated 26 Feb 2003 and Amendment dated 29 Jul 2009 attached hereto Manufacturer Part Number

00000 AA58065III

Purchase Request(s) PR Line Item(s)

TBD *TBD

Inspection/Acceptance Report: Wide Area Work Flow

Quality Assurance: Commercial Item Inspection Foreign Military Sales

+ TBD ORIGIN

+ TBD PAA TBD

Type / Ship To Quantity (U/I) *ARO Exercise of

Option _ Req No / Pri

+ TBD 1 EA

*150 Calendar Days

Option II may be exercised, from time to time, anytime within 730 days from date of award. The total periods may be exercised simultaneously. An option is determined to have been exercised when

Quantity

2001 AB

NSN: 4910-01-509-8831 RN

Mounter-Demounter, Pneumatic Tire, Stationary IAW CID A-A-58065B dated 26 Feb 2003 and Amendment dated 29 Jul 2009 attached hereto Manufacturer Part Number

00000 AA58065III

Inspection/Acceptance Report: Wide Area Work Flow

Quality Assurance: Commercial Item Inspection Foreign Military Sales

+ TBD PAA TBD

Type / Ship To Quantity (U/I) *ARO Exercise of

Option _ Req No / Pri

*150 Calendar Days

Option III may be exercised, from time to time, anytime within 1095 days from date of award. The total periods may be exercised simultaneously. An option is determined to have been exercised when

Quantity

3001 AB

NSN: 4910-01-509-8831 RN

Mounter-Demounter, Pneumatic Tire, Stationary IAW CID A-A-58065B dated 26 Feb 2003 and Amendment dated 29 Jul 2009 attached hereto Manufacturer Part Number

00000 AA58065III

Inspection/Acceptance Report: Wide Area Work Flow

Quality Assurance: Commercial Item Inspection Foreign Military Sales

+ TBD PAA TBD

Type / Ship To Quantity (U/I) *ARO Exercise of

Option _ Req No / Pri

*150 Calendar Days

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: + TBD

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

TYPE/CODE: A FE4802

FE4802 49 MMSS LGSPAR

CML 505-572-3006 BLDG 902

1273 BEAR PATH RD RM 109

HOLLOMAN AFB NM 88330-7901

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

CONTRACT CLAUSES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 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.] __X __ (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 (Dec 2008) (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 (Mar 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_______ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-15).

__ __ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

__X __ (6) 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).

(7) [Reserved] __ __ (8) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C.

644).

__ __ (8) (ii) Alternate I (Oct 1995) of 52.219-6.

__ __ (8) (iii) Alternate II (Mar 2004) of 52.219-6.

__ __ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.

644).

__ __ (9) (ii) Alternate I (Oct 1995) of 52.219-7 __ __ (9) (iii) Alternate II (Mar 2004) of 52.219-7 __X __ (10) 52.219-8, Utilization of Small Business Concerns (May 2004)(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.)

__X __ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C.

637(d)(4)). (In accordance with DDP Memo dated 6 May 2009, DAR Tracking Number 2009-O0006, Modification of Class Deviation – Electronic Subcontracting Reporting System, 52.219-9 (DEVIATION) applies when subcontracts are not required to be reported in FPDS, orders against BOAs and BPAs, and purchase orders issued under the Test Program for Certain Commercial Items at FAR 13.5.)

__ __ (11) (ii) Alternate I (Oct 2001) of 52.219-9.

__ __ (11) (iii) Alternate II (Oct 2001) of 52.219-9.

__ __ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

__X __ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (14) (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 12 March 2010.)

__ __ (14) (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.)

__ __ (15) 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.)

__ __ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ __ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

__X __ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ __ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__X __ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug

2009)(E.O. 13126).

__X __ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__X __ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

__X __ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

__X __ (24) 52.222-36, Affirmative Action For Workers with Disabilities (Jun 1998)(29 U.S.C.

793).

__X __ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

__ __ (26) 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.)

__ __ (27) (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.)

__ __ (27) (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.)

__ __ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b).

__ __ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ __ (29) (ii) Alternate I, (Dec 2007) of 52.223-16.

__ __ (30) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

__ __ (31) (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ __ (31) (ii) Alternate I (Jan 2004) of 52.225-3.

__ __ (31) (iii) Alternate II (Jan 2004) of 52.225-3.

__ __ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___X __ (33) 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).

__ __ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C.

5150).

__ __ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__ __ (36) 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)).

__ __ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

__X __ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)(31.U.S.C. 3332).

__ __ (39) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999)(31.U.S.C. 3332).

__ __ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ __ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__ __ (42) (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).

__ _ (42) (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)).

(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—

(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)).

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS (APR 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.

__X __ 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).

__X __ (3) 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C.

637). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7003 dated Feb 2009)

__ __ (4) 252.219-7004 Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C.

637 note). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7004 dated Feb 2009)

__ __ (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).

__X __ (8) 252.225-7012 Preference for Certain Domestic Commodities (DEC 2008) (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 (JUN 2006) (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. 3301 note).( DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7021 dated Jul 2009)

(11)(ii) 252.225-7021 Alternate I (SEP 2008).

__X __ (12) 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

__X __ (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)

__ _ (15) 252.225-7038 Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

__X __ (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) __X __ (21) 252.243-7002 Requests For Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

________ (22) 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417).

__X __ (23)(i) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

__ __ (23)(ii) 252.247-7023 Alternate I (MAR 2000) of 252.247-7023.

__ __ (23)(iii) 252.247-7023 Alternate II (MAR 2000) of 252.247-7023.

__ __ (23)(iv) 252.247-7023 Alternate III (MAY 2002) of 252.247-7023.

__ __ (24) 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) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the cost Bearer (JUL 2009) (Section 884 of Public Law 110-417).

(3) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 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, Crystal B. Hollifield at 478 222 -1088 , FAX 478 222 -1855 , email Crystal.Hollifield@robins.af.mil . 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)

252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)

(IAW DFARS 211.274-5(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 data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html .

THE CURRENT VERSION OF MIL-STD-130, DATED 17 DECEMBER 2007, IS "N".

(JUL 2008)

THE CURRENT VERSION OF MIL-STD-130, DATED 17 DECEMBER 2007, IS "N".

ELECTRONIC RESPONSES ARE AUTHORIZED (MAR 2003)

(IAW FAR 13.003(f)) In accordance with FAR 13.003(f); 14.202-8 or 15.203(c), electronic commerce method to receive proposals, modifications, and revisions is permitted and preferred. Buyer and Contracting Officer's email addresses for submissions are listed on the front page of this document.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM

(MAR 1989)

(IAW FAR 17.208(e))

The Contracting Officer may exercise the option by written notice to the Contractor within See Schedule .

252.217-7000 EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS

(DEC 1991)

(IAW DFARS 217.208-70(a))

(b) The foreign military sales commitments are for:

FMS COUNTRY LINE ITEM NUMBER

To Be Determined 1001-3001

252.217-7000 EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS --

ALTERNATE I (DEC 1991)

(IAW DFARS 217.208-70(a)(1))

THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (b)(6):

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZone SMALL BUSINESS

CONCERNS (JUL 2005)

(c) Waiver of evaluation preference.

__ Offeror elects to waive the evaluation preference.

THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (b)(18):

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].

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (DEVIATION) --

ALTERNATE I (FEB 2009)

(IAW DARS Tracking Number 2008-O0008)

52.222-29 NOTIFICATION OF VISA DENIAL (JUN 2003)

(IAW FAR 22.810(g))

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(IAW FAR 23.804(a))

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j(b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

WARNING

Contains (or manufactured with, if applicable) ________________________*, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

*The Contractor shall insert the name of the substance(s).

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs)

(APR 2003)

(IAW AFFARS 5323.804(c))

(c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s).

[List each Class I ODS, its applications or use and the approved quantities for use throughout the length of the contract. If "None," so state.]

Item No Class I ODS Application or Use Quantity (lbs) per contract period performance

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003)

(IAW DFARS 225.1101(3))

252.225-7013 DUTY-FREE ENTRY (DEC 2009)

(IAW DFARS 225.1101(4))

THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 252.212-7001 PARA (b):

252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (APR 2003)

(b) (1) For sales to the Government(s) of Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan, Philippines, Saudi Arabia, Turkey, Thailand, or Venezuela (Air Force), contingent fees in any amount.

5352.225-9001 ENGLISH LANGUAGE REQUIREMENTS (AFMC) (OCT 2008)

(IAW AFMCFARS 5325.902(91))

EVIDENCE OF SHIPMENT ON FOREIGN MILITARY SALES (FMS) CONTRACTS

(DEC 2003)

The contractor shall provide to the payment office evidence of shipment that will consist of both a DD Form 250, Material Inspection and Receiving Report, and the carrier s receipt (e.g., the Commercial Bill of Lading, the Government Bill of Lading, the United States Postal Parcel Service receipt, the United Parcel Service pick-up record, or other carrier pick-up document). The contractor need not submit a DD Form 250, if one is not otherwise required under the contract.

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 5703400 300 87RO XX2KS5 020000 63800 41135F 503000 F03000 $0.00

PSR: 817154 FSR: 049697 DSR: 025706

REFERENCE:

SDN: F3QCDA0088B006

AB ACRN(S) WILL BE ESTABLISHED AT TIME OPTION IS EXERCISED

ACRN TOTAL $ 0.00

Wide Area Work Flow (WAWF) Instructions to Vendors with Contracts that contain MILITARY STANDARD REQUISITIONING AND ISSUE PROCEDURES (MILSTRIP) Data. FEB 08.

MILSTRIP data contains information that is vital to the expeditious delivery of material. When a MILSTRIP is used in a requisition it is entered into the schedule for each item purchased. Typically the MILSTRIP data is at the end of the schedule and is listed as REQ NO.

In the example below the MILSTRIP number is FE480060730146. The quantity is 1 each.

Required Delivery

Type / Ship To Quantity (U/I) On or Before _ Req No / Pri

A FE4800 1 EA

28 FEB 2007 FE480060730146 / PRI:

In WAWF, when creating the Line Item you must also complete the MILSTRIP information in its own sub-tab. In the MILSTRIP sub-tab use the actions button to open the fill-in. In the fill-in enter the MILSTRIP number from the schedule and the quantity shipped. Save the Milstrip and continue with the Line Item information applicable to the shipment.

Inclusion of this MILSTRIP data is vital to the expeditious delivery of this material.

INSPECTION AND ACCEPTANCE (SEP 1999)

(IAW FAR 46.401(b), FAR 46.503) Government Contract Quality Assurance Inspection and Acceptance will be at (Final):

[CONTRACTOR FILL-IN]

Item No(s): See schedule for items with the following code(s) listed below :

Inspection Code and Address:

52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

(IAW FAR 47.104-4(a), FAR 47.104-4(b))

52.247-29 F.O.B. ORIGIN (FEB 2006)

(IAW FAR 47.303-1(c))

52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)

(IAW FAR 47.303-17(f))

5352.247-9000 COMMERCIAL BILL OF LADING SHIPMENTS - CARRIER'S RATES (AFMC)

(OCT 2008)

(IAW AFMCFARS 5347.104-4(90))

5352.247-9020 F.O.B. ORIGIN, FIRST DESTINATION TRANSPORTATION (AFMC) (NOV 2007)

(IAW AFMCFARS 5347.304-3(b)(1))

(c) The Accounting Classification Reference Number (ACRN) that funds the acquisition of the Contract Line Item Number (CLIN)/SubCLIN must be used to pay for its transportation on the CLINs/SubCLINs listed below. The Miscellaneous Obligation Reimbursement Document (MORD) Number associated with the long line of accounting (LOA) shall be entered into Power Track to fund the transportation charges needed to transport the item.

CLIN/SubCLIN Long Line of Accounting (LOA) MORD Number/MORD ACRN

0001 5703400 300 87RO XX2KT1 020000 638TR

41135F 503000 F03000

F3QCDA0042NP01/AA

F.O.B. ORIGIN (OCT 1993)

(IAW FAR 47.305(b)) Any supply item applicable to this document shall be delivered F.O.B. at:

F.O.B. Address

[CONTRACTOR FILL-IN]

WOODEN LUMBER, WOODEN PALLET AND PACKAGING/CONTAINER STATEMENT

(FEB 2007)

(IAW AFMC FORM 158)

All wooden lumber, wooden pallets, and wooden containers produced entirely or in part of solid wood packing material (SWPM) shall be constructed from heat-treated (HT) material (HT 56 degrees centigrade or 133 degrees Fahrenheit for 30 minutes). Certification/marking is required by an accredited agency recognized by the American Lumber Standards Committee (ALSC). For reference documentation, see “International Standards for Phytosanitary Measures (ISPM) No. 15.” This document can be found at www.ippc.int .

NOTE TO CONTRACTOR: FOREIGN MILITARY SALES: (APR 2003)

10-15 DAYS PRIOR TO SHIPMENT, CONTACT THE DCMA/ACO TRANSPORTATION OFFICE FOR SHIPPING

ADDRESS / INSTRUCTIONS.

PRESERVATION, PACKAGING, PACKING REQUIREMENTS (DEC 2003)

When an AFMC Form 158 Packaging Requirements is attached hereto all items shall be preserved, packaged and packed in accordance with this form.

The current version of MIL-STD-129 is P.

Special Packaging Instructions (SPI) shall also apply when attached.

If questions arise concerning these packaging requirements contact Bernie Edwards_ at (478) _327_-_3486 .

You will need to provide the purchase request number found directly above block number 1 of the AFMC Form 158.

(The above Clause/Provision has been modified.)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(IAW FAR 52.107(f))

FAR 52.212-4, Contract Terms and Conditions- Commercial Items, is tailored as follows:

16. Paragraph (c), Changes: Paragraph is tailored to read as follows:

Changes in the terms and conditions of this contract may be made only by written agreement of the parties, except that Unilateral Amended Shipping Instructions (ASIs), F.O.B. Origin, and other administrative changes, incorporated into this contract may be made unilaterally

LIST OF DOCUMENTS, EXHIBITS OR ATTACHMENTS

Form Number Description/File Name Date Number of Pages Commercial Item Description (CID) with Amendment dated 29 July 2009

26FEB2003 5

Engineering Data List, REV-3

27FEB2009 1

AFMC FORM 158 Packaging Requirements

09FEB2010 2

FORM 158 Revision of ISPM No. 15

REGULATION OF WOOD PACKAGING

MATERIAL FOR INTERNATIONAL TRADE

SOLICITATION PROVISIONS

REPRESENTATIONS, INSTRUCTIONS AND EVALUATIONS

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(AUG 2009)

(IAW FAR 12.301(b)(2))

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (l)(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 (n) 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) Check all that apply.

(1) [ ] is, [ ] is not a small business concern.

(2) [ ] is, [ ] is not a veteran-owned small business concern.

(3) [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(4) [ ] is, [ ] is not a small disadvantaged business concern.

(5) [ ] 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) [ ] 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).]

(B) (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) [ ] is, [ ] is not certified by the Small Business Administration

(B) [ ] has, [ ] has not submitted a completed application

(ii) name of the small disadvantaged business concern that is participating in the joint venture:

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

(i) It [ ] is, [ ] is not a HUBZone small business concern listed,

(ii) It [ ] is, [ ] is not a joint venture [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:___________________________________________.]

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

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

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

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

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

(i) [ ] has developed and has on file, [ ] has not developed and does not have on file,

(ii) [ ] has not previously had contracts subject to the written affirmative action programs requirement

(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 Agreement—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreement--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 Agreement--Israeli Trade Act”:

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

Line Item No. Country Of Origin

(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 Agreement--Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

Canadian End Products:

Line Item No.

(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 Agreement--Israeli Trade Act":

(ii) Canadian or Israeli End Products:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(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

(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.