ARRA PV Grounds SF1442 - Clauses 1-29-2010.pdf
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- RECOVERY Grid Tied Ground Mounted and Carport PV Systems, Denver Federal Center, Lakewood, CO
- Solicitation number
- GS-08P-10-JA-C-0TBD
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GS-08P-10-JA-C-0016 RECOVERY - Grid Tied Ground Mounted and Carport PV Systems Denver Federal Center Lakewood Colorado Standard Form 1142 Solicitation Offer and Award Plus Clauses
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
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See Attached
6. PROJECT PLAN
OFFER (Must be fully completed by offeror)
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AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
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AWARD (To be completed by Government)
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CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
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SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
IMPORTANT NOTICES TO CONTRACTORS: 1. Based on intial proposals, the Government reserves the right to award without discussions. 2. This procurement is a Total Small Business Set-Aside. 3. Note the applicable Davis-Bacon Act wage determination and security requirements. 4. A Pre-Proposal Conference/Site visit will be conductded on Wednesday, February 10, 2010, 1:00 p.m., Bldg. 41, Entrance S-1, Remington Arms Conference Room, Room 146, 6th & Kipling, Denver Federal Center, Lakewood, CO. 5. FUNDS AVAILABLE: $18,407,735 6. Review FAR 52.211-12 for the applicable liquidated damages requirements. 7.
Representations and Certifications are on-line (ORCA) at http://orca.bpn.gov. All certifications contained hereby must be included in the proposal response. 8. Offerors may submit responses via U.S. Mail or Hand-Carried methods only. 9. The required insurance certificate shall be submitted to the Contracting Officer 14 calendar days after award. 10. Payment and Performance Bonds are required and shall be submitted to the Contracting officer 30 calendar days prior to commencing the installation portion of the project. 11. A Bid Guarantee is required with the proposal response. 12. Please refer to the Section 00800 with regard to the requirement to receive a CD of drawings, entitled, Sensitive But Unclassified Building. Complete the aforementioned document and e-mail to diane.byers@gsa.gov prior to the Pre-proposal conference/site visit or bring the document to the conference to receive the CD of drawings. 13. Review the ARRA Buy American Act clause for compliance. 14.
Complete the Offeror Proposal Sheets and include in the proposal response.
0001 RECOVERY: PV Field 1: Design, Furnish Panels and Install Ground Mounted PV Array.
1.00 LS
0002 RECOVERY: PV Field 2: Design, Furnish Panels and
Install Ground Mounted PV Arrays
0003 RECOVERY: Base Carports, B-20, 25, 53, 810: Design, Furnish Panels and Install.
0004 RECOVERY: Operations and Maintenance for one year for Ground Mounted PV Arrays, in PV Fields 1 and 2, and Base Carports at B-20, 25, 53, and 810.
Alternate #1
0005 RECOVERY: Bldg 25 Alternate # 1, PV Carport Design, Furnish Panels, Install and Provide one year Maintenance.
Alternate #2
0006 RECOVERY: Bldg 20 Alternate # 2, PV Carport
Alternate #3
0007 RECOVERY: Bldg 25 Alternate # 3, PV Carport
Table of Contents
SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS
00100. 1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (SEP 2007)
00100. 2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)
00100. 3 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)--ALTERNATE I
(OCT 1997)
00100. 4 52.222-5 DAVIS-BACON ACT -- SECONDARY SITE OF THE WORK (JUL 2005)
00100. 5 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)
00100. 6 52.232-14 NOTICE OF AVAILABILITY OF PROGRESS PAYMENTS EXCLUSIVELY FOR SMALL BUSINESS
CONCERNS (APR 1984)
00100. 7 52.215-20 IV REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR
PRICING DATA (OCT 1997)--ALTERNATE IV (OCT 1997)
00100. 8 52.216-1 TYPE OF CONTRACT (APR 1984)
00100. 9 52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS--
BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAR 2009)
00100. 10 52.236-27 I SITE VISIT (CONSTRUCTION) (FEB 1995)--ALTERNATE I (FEB 1995)
00100. 11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
SECTION 00600 REPRESENTATIONS AND CERTIFICATIONS
00600. 1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
00600. 2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
00600. 3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)
00600. 4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)
00600. 5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)
00600. 6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
00600. 7 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (DEC 2001)
00600. 8 52.223-1 BIOBASED PRODUCT CERTIFICATION (DEC 2007)
00600. 9 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)
SECTION 00700 CONTRACT CLAUSES
00700. 1 52.202-1 DEFINITIONS (JUL 2004)
00700. 2 52.203-3 GRATUITIES (APR 1984)
00700. 3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
00700. 4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
00700. 5 52.203-6 I RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)-- ALTERNATE
I (OCT 1995)
00700. 6 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)
00700. 7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY (JAN 1997)
00700. 8 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
00700. 9 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007). 21
00700. 10 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT
OF 2009 (MAR 2009)
00700. 11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)
00700. 12 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)
00700. 13 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)
00700. 14 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT REPORTING REQUIREMENTS (MAR 2009)... 22
00700. 15 52.209-6 PROTECTING THE GOVERNMENT´s INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)
00700. 16 52.211-13 TIME EXTENSIONS (SEP 2000)
00700. 17 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)
00700. 18 52.215-2 I AUDIT AND RECORDS--NEGOTIATION (MAR 2009)--ALTERNATE I
00700. 19 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)
00700. 20 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--MODIFICATIONS (OCT
1997)
00700. 21 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)
00700. 22 52.215-13 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS (OCT 1997)
00700. 23 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2004)
00700. 24 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN
PENSIONS (JUL 2005)
00700. 25 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
00700. 26 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR
PRICING DATA--MODIFICATIONS (OCT 1997)
00700. 27 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (JUL
2005)
00700. 28 52.222-6 DAVIS-BACON ACT (JUL 2005)
00700. 29 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)
00700. 30 52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)
00700. 31 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)
00700. 32 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
00700. 33 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)
00700. 34 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)
00700. 35 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)
00700. 36 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
00700. 37 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)
00700. 38 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (AUG 2009)
00700. 39 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)
00700. 40 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)
00700. 41 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION
CONTRACTS (DEC 2007)
00700. 42 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
00700. 43 52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)--
ALTERNATE I (JUL 1995)
00700. 44 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)
00700. 45 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
00700. 46 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)
00700. 47 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION
CONTRACTS (MAY 2008)
00700. 48 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
00700. 49 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)
00700. 50 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC
2007)
00700. 51 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)
00700. 52 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
00700. 53 52.228-11 PLEDGES OF ASSETS (SEP 2009)
00700. 54 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995)
00700. 55 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (NOV 2006)
00700. 56 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)
00700. 57 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)
00700. 58 52.232-17 INTEREST (OCT 2008)
00700. 59 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)
00700. 60 52.232-25 PROMPT PAYMENT (OCT 2008)
00700. 61 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)
00700. 62 52.233-1 I DISPUTES (JUL 2002)--ALTERNATE I (DEC 1991)
00700. 63 52.233-3 PROTEST AFTER AWARD (AUG 1996)
00700. 64 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
00700. 65 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)
00700. 66 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)
00700. 67 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
00700. 68 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
00700. 69 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)
00700. 70 52.236-8 OTHER CONTRACTS (APR 1984)
00700. 71 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS (APR 1984)
00700. 72 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)
00700. 73 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
00700. 74 52.236-12 CLEANING UP (APR 1984)
00700. 75 52.236-13 ACCIDENT PREVENTION (NOV 1991)
00700. 76 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
00700. 77 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
00700. 78 52.236-17 LAYOUT OF WORK (APR 1984)
00700. 79 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
00700. 80 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
00700. 81 52.242-13 BANKRUPTCY (JUL 1995)
00700. 82 52.242-14 SUSPENSION OF WORK (APR 1984)
00700. 83 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
00700. 84 52.243-4 CHANGES (JUN 2007)
00700. 85 52.244-2 SUBCONTRACTS (JUN 2007)
00700. 86 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)
00700. 87 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2009)
00700. 88 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
00700. 89 52.246-21 I WARRANTY OF CONSTRUCTION (MAR 1994)--ALTERNATE I (APR 1984)
00700. 90 52.248-3 VALUE ENGINEERING--CONSTRUCTION (SEP 2006)
00700. 91 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004)--
ALTERNATE I (SEP 1996)
00700. 92 52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING, DEMOLITION, OR
REMOVAL OF IMPROVEMENTS) (MAY 2004)
00700. 93 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
00700. 94 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
00700. 95 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)
00700. 96 552.211-71 STANDARD REFERENCES (SEP 1999)
00700. 97 552.211-72 REFERENCES TO SPECIFICATIONS IN DRAWINGS (FEB 1996)
00700. 98 552.211-84 NON-COMPLIANCE WITH CONTRACT REQUIREMENTS (FEB 1996)
00700. 99 552.215-70 EXAMINATION OF RECORDS BY GSA (FEB 1996)
00700. 100 552.232-78 PAYMENT INFORMATION (JUL 2000)
00700. 101 552.236-70 DEFINITIONS (APR 1984)
00700. 102 552.236-71 AUTHORITIES AND LIMITATIONS (APR 1984)
00700. 103 552.236-72 SPECIALIST (APR 1984)
00700. 104 552.236-74 WORKING HOURS (APR 1984)
00700. 105 552.236-75 USE OF PREMISES (APR 1984)
00700. 106 552.236-76 MEASUREMENTS (APR 1984)
00700. 107 552.236-77 SPECIFICATIONS AND DRAWINGS (SEP 1999)
00700. 108 552.236-78 SHOP DRAWINGS, COORDINATION DRAWINGS, AND SCHEDULES (SEP 1999)
00700. 109 552.236-79 SAMPLES (APR 1984)
00700. 110 552.236-80 HEAT (APR 1984)
00700. 111 552.236-81 USE OF EQUIPMENT BY THE GOVERNMENT (APR 1984)
00700. 112 552.236-82 SUBCONTRACTS (APR 1984)
00700. 113 552.243-71 EQUITABLE ADJUSTMENTS (JAN 2009)
00700. 114 552.246-72 FINAL INSPECTION AND TESTS (SEP 1999)
00700. 115 552.246-75 GUARANTEES (MAY 1989)
00700. 116 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
00700. 117 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
00700. 118 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS--COMMERCIAL ITEMS (DEC 2009)
00700. 119 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
00700. 120 52.225-23 REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS--BUY
AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2009)
00700. 121 52.225-24 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED
GOODS--BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAR 2009)
00700. 122 52.228-1 BID GUARANTEE (SEP 1996)
00700. 123 52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)
00700. 124 52.232-16 I PROGRESS PAYMENTS (APR 2003)--ALTERNATE I (MAR 2000)
00700. 125 52.233-2 SERVICE OF PROTEST (SEP 2006)
00700. 126 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
00700. 127 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
00700. 128 552.232-70 INVOICE REQUIREMENTS (SEP 1999)
SECTION 00800 SPECIAL CONTRACT REQUIREMENTS
00800. 1 00800 Section - Local Clauses
00800. 2 00800 Section - Local Fill-In Clauses
00800. 3 00800 Section - General Decision Number CO080012
00800. 4 00800 Section - Security Clearance Requirements
00800. 5 Proposal Submission and Evaluation - Attachment 1
00800. 6 Offerors Proposal Sheets - Attachment 2
00800. 7 Project Specifications - Attachment 3
00800. 8 Safeguarding Drawings - Attachmemt 4
SECTION 00100
INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS
00100. 1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (SEP 2007)
(Reference 52.203-11)
00100. 2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)
(Reference 52.204-6)
00100. 3 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)--ALTERNATE I (OCT 1997)
(Reference 52.215-1 I)
00100. 4 52.222-5 DAVIS-BACON ACT -- SECONDARY SITE OF THE WORK (JUL 2005)
(Reference 52.222-5)
00100. 5 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)
(Reference 52.232-13)
00100. 6 52.232-14 NOTICE OF AVAILABILITY OF PROGRESS PAYMENTS EXCLUSIVELY FOR SMALL BUSINESS
CONCERNS (APR 1984)
(Reference 52.232-14)
00100. 7 52.215-20 IV REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR
PRICING DATA (OCT 1997)--ALTERNATE IV (OCT 1997)
(a) Submission of cost or pricing data is not required.
(b) Provide information described below: Submit the provided and completed excel spread sheets entitled, Offeror Proposal Sheets, RECOVERY Grid Tied Ground Mounted and Carport PV Systems, see Section 800.
00100. 8 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.
(End of Provision)
00100. 9 52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS--
BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAR 2009)
(a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-21).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L.
111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--
(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and
(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.
(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and
(d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) f the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
00100. 10 52.236-27 I SITE VISIT (CONSTRUCTION) (FEB 1995)--ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for--February 10, 2010, 1:00 P.M. Mountian Standard Time.
(c) Participants will meet at--Building 41, Entrance S1, Remington Arms Room, Denver Federal Center, 6th and Kipling, Lakewood Colorado
00100. 11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.gsa.gov/far
SECTION 00600
REPRESENTATIONS AND CERTIFICATIONS
00600. 1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that--
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to--
(i) Those prices;
(ii) The intention to submit an offer;, or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--
(1) Is the person in the offeror''s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or (2)
(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror''s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror''s organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)
(1) through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
00600. 2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) "Definitions."
"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns.
The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) "Taxpayer Identification Number (TIN)."
/_/ TIN: _____________________.
/_/ TIN has been applied for.
/_/ TIN is not required because:
/_/ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
/_/ Offeror is an agency or instrumentality of a foreign government;
/_/ Offeror is an agency or instrumentality of the Federal Government.
(e) "Type of organization."
/_/ Sole proprietorship;
/_/ Partnership;
/_/ Corporate entity (not tax-exempt);
/_/ Corporate entity (tax-exempt);
/_/ Government entity (Federal, State, or local);
/_/ Foreign government;
/_/ International organization per 26 CFR 1.6049-4;
/_/ Other _________________________.
(f) "Common parent."
/_/ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
/_/ Name and TIN of common parent:
Name _____________________________
TIN ______________________________
00600. 3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)
(a)
(1) The Offeror certifies, to the best of its knowledge and belief, that--
(i) The Offeror and/or any of its Principals--
(A) Are /_/ are not /_/ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) 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 public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(C) Are /_/ are not /_/ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.
(D) 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.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) 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.
(ii) 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.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. ?? 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. ?? 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. ?? 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has /_/ has not /_/, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror?s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
00600. 4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.
(a) Definitions. As used in this provision-- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.
"Forced or indentured child labor" means all work or service--
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except--
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.
110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
"Service-disabled veteran-owned small business concern"--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)
(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs /__/.
(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 o 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):
Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51-100 __ $1,000,001-$2 million __ 101-250 __ $2,000,001-$3.5 million __ 251-500 __ $3,500,001-$5 million __ 501-750 __ $5,000,001-$10 million __ 751-1,000 __ $10,000,001-$17 million __ Over 1,000 __ Over $17 million
(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]
(i) General. The offeror represents that either--
(A) It /_/ is, /_/ is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO- Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It /_/ has, /_/ has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that applic ation is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) /_/ Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:__________.]
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It /_/ is, /_/ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It /_/ is, /_/ is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 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.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that 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," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies."
(2) Foreign End Products: [List as necessary] |Line…
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