HDEC02-08-T-0011 released solicitation.doc

Section SF 1449 - CONTINUATION SHEET

Tray Packaged Seafood Products

FFP

This is a Blanket Purchase Agreement (BPA) for a supplier to provide vendor-owned tray-packaged seafood products, for resale, to the Agency commissary at Wright Patterson AFB, Ohio. "Fresh" seafood includes previously frozen seafood products. See 52.212-4 Addendum - Contract Terms and Conditions -- Commercial Items for Supplier's responsibility to determine seafood products supplied under this Blanket Purchase Agreement.

BASE PERIOD OF PERFORMANCE: Performance begins on November 1, 2008, or later and is to continue for 12 months. An extension of the performance period is possible with the agreement of both parties.

Seafood products ownership shall remain with the Supplier until sold (scanned) through the Agency's front-end system. Supplier is to provide a fixed percentage of savings to DeCA patrons on each item. This percentage represents the minimum amount of savings the contractor will provide to the patron based on the price of a like item, of like quality in the local commercial area of survey. The local commercial area of survey definition is the area within a 10-mile radius from an installation perimeter. Seafood products sold to DeCA patrons shall be from an approved source, which are found in the "Worldwide Directory of Sanitarily Approved Food Establishment for Armed Forces Procurement", or provide proof of other Federal inspections accepted by the U.S. Army Veterinary Command. The U.S. Army Veterinary Command directory is available at website http://vets.amedd.army.mil/86256F90007C2D1D/VETCOM.

Minimum Percentage of Savings ________ %.

Requisition Number HQCCA78114SEAFOOD

FOB: Destination

NET AMT

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ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

General: The solicitation should be read as a whole.

1. To be considered for award, the quotation response package to this solicitation must include the following:

1.1. Complete a Supplier Information Sheet, Attachment - C. This information should match the Supplier’s information in the Government’s Central Contractor Registration (CCR) database at Website www.ccr.gov. A CCR registration is mandatory before an award is made. Note: The establishment of electronic funds transfer data occurs during CCR registration.

1.2. Complete Standard Form 1449 Blocks 17A (to include DUNS number), and Blocks 30 a, b, and c by someone in the company who has the authority to bind the company contractually.

1.3. Complete Offeror’s Pricing (Minimum Percentage of Savings) for ITEM NO (CLIN) 0001 on page 3.

1.4. FAR 52.212-3, ALT I Offeror Representations and Certifications – Commercial Items, Pages 9 - 20. Complete all information with the exception of paragraphs (f.) and (g.), which are not applicable to resale seafood. Note: Suppliers completing annual representations and certifications electronically at Website - http://orca.bpn.gov need only to complete paragraph (k)(3)(2).

1.5. FAR 52.232-4500 entitled Delivery Ticket Invoice (DTI) Procedures Clause, Pages 25. Provide all information required by filling in the blanks. Note: Information must match the Supplier’s CCR registration.

1.6. Technical Capability Evaluation: The Government’s technical capability evaluation is based solely on the information potential suppliers submit in response to subparagraphs 1.6.1. - 1.6.6. below. The Government reserves the right to consider supplier quotes non-responsive if some or all information required by sub paragraphs 1.6.1. - 1.6.6 is not provided in the supplier’s offer / quote package.

1.6.1. Experience and Seafood Product Descriptions: Describe the Company’s experience in supplying tray packaged seafood to retail establishments. Describe the types of finfish, shellfish, crustaceans and other specialty seafood items, the supplier intends to stock.

1.6.2. Order Lead Time and Shelf Life: Provide order lead time, which is stated in days from the time supplier orders products from their sources to products arriving at commissaries. Provide shelf-life time in days from production to commissary delivery, and then provide a minimum amount of shelf life time products are displayed for resale.

1.6.3. Product Packaging and Labeling: Describe the type of packaging the supplier uses to tray package seafood products. Describe the supplier’s ability to print bar code labels with products name, weight, price per pound, sell by date, sale price, etc. Describe how the supplier records Country Of Origin Label (COOL) on tray packs.

1.6.4. Delivery, Receiving, and Seafood Case Stocking: Describe how the company intends to get seafood products from their sources to the commissaries. Describe how often the supplier intends to make deliveries to the commissaries. Describe how seafood cases are stocked and monitored throughout the day.

1.6.5. Merchandising Plan: The supplier shall address the following in a merchandising plan.

1.6.5.1. Is supplier promoting seafood products through demonstrations and samplings?

1.6.5.2. Is supplier offering coupons or other vendor priced reductions?

1.6.5.3. Is supplier providing point of sale materiel like recipe cards, cooking instructions, etc.?

1.6.6. Provide, if issued, a copy of all state and federal inspection agency permits and certifications issued to your company in the last 12-months.

1.7. Past Performance. List of at least 2 companies you have done business with in the last 2 years. The list should provide a point of contact their phone number, e-mail address (if available), and address. These companies may be contacted to verify your company’s adherence to contract schedule, history of reasonable and cooperative behavior, and business-like concern for the customer.

2. Qualification Requirements

2.1. Definition: “Qualification requirement,” as used in this solicitation, means a Government requirement for inspection of supplier’s facility that must be completed before award.

2.2. Inspection: Prior to the establishment of a Blanket Purchase Agreement (BPA) as a result of this solicitation, a potential supplier must be listed in the “Worldwide Directory of Sanitarily Approved Food Establishment for Armed Forces Procurement” (short title: “ Worldwide Directory”) or provide proof of other U.S. Army Veterinary Command acceptable Federal inspection agency listing. This requirement applies to partnership arrangements and subcontractors of potential suppliers. Note: An inspection by the U.S. Army Veterinary Command is necessary if seafood products are supplied from unapproved source(s), See page - 8, Paragraph – 9. Inspection lead-time is 6-weeks.

3. Submission of Quote: Electronic (email and facsimile) submissions are not allowed. Quotes are due by the date and time cited in block 8, SF 1149. Send quotes to Defense Commissary Agency, ATTN: PSCS-Mark Funk, 1300 E. Ave., Fort Lee, VA 23801-1800. Any questions may be directed to Mark Funk at 804.734.8905 or email mark.funk@deca.mil.

4. Additional Information: Offerors may inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The point of contact for the Wright Patterson AFB commissary is the Store Director (phone 937-257-2060).

ADDENDUM to FAR 52.212-2, EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical capability and past performance are more important than lowest price determined to be fair and reasonable. Technical capability acceptability is based on the Government's evaluation of the information submitted with the quote. The Government reserves the right to consider supplier quotes non-responsive if some or all information required by 52.212-1 Instructions to Offerors Commercial Items – Addendum is not provided in the supplier’s offer / quote package. Past Performance evaluation is based on feedback from the supplier's two references submitted with the quote.

(End of clause)

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ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS

1. Description of Agreement:

1.1. Blanket Purchase Agreement. This Blanket Purchase Agreement (BPA) is for the Supplier to provide the Wright Patterson AFB, Ohio, commissary with tray packaged seafood products for resale. The Supplier shall furnish a variety of fresh and frozen random weight tray-package seafood products (including finfish, shellfish, crustaceans and specialty seafood items), all personnel, supervision, and other items (unless otherwise specified) necessary to operate a well-stocked tray-package seafood operation. The Supplier shall choose the range (items) and depth (quantity) of seafood products to stock. The supplier will work with the Commissary Store Director and Meat Manager to address patron comments and special requests.

1.2. Type of BPA. The type of BPA is Firm Fixed Price.

1.3. Terms. Terms Net 7 Days.

1.4. Special Events. The Supplier is authorized to conduct / participate in Commissary special events, including road show sales events, off-site sales, case lot sales and other special events. The Wright Patterson Commissary anticipates conducting a total of between 6 and 12 road shows, off-site sales and case lot sales per year. The supplier is also authorized to use a variety of merchandising techniques, not limited to couponing, signage, sampling and product demonstrations.

2. Period of Agreement: Period of Agreement is November 1, 2008, or a date of award, which ever is later, through October 31, 2009, unless sooner cancelled by either party prior to performance end date. See “Cancellation Notice” at paragraph 12 below.

3. Ownership of Products: Ownership of the fresh and frozen random weight seafood products shall remain with the Supplier until scanned (or keyed, if not scannable) at a DeCA authorized Point-Of-Sale (POS) register.

4. Personnel: The Supplier shall have sufficient personnel at the Wright Patterson AFB, Ohio commissary to receive and stock their products and shall provide supervisory oversight of Supplier’s personnel to satisfactorily perform all work required by this agreement. The Supplier shall NOT employ current commissary employees without written approval from the DeCA Office of General Counsel. The supplier shall comply with all local, state and Federal labor laws and policies.

4.1. Removal of Personnel. The Supplier shall promptly remove, or deny access to any supplier personnel whose conduct is determined by the Supplier, commissary management or the Contracting Officer to be inconsistent with the best interests of the Government. The Supplier shall continue to perform required services following the removal of, or denial of, access to said personnel.

4.2. Supplier Assistance. The Supplier shall fully cooperate with Government authorities in any administrative, civil, or criminal proceedings, including providing documentation related to employees or performance under this agreement.

5. Product Pricing:

5.1. POS Pricing. The supplier shall ensure that all item(s) descriptions, pricing and/or changes in item(s) pricing is provided to the Store Director for front end POS updating before product(s) are displayed for resale.

5.2. Price Surveys. The Government reserves the right to conduct price surveys within the area of survey at any time during performance. Prices on items found not to provide the customer savings required by the agreement will be adjusted by the Contractor immediately upon notification by the Government.

6. Supplier Reimbursement: The Supplier and commissary personnel shall reconcile the seafood products sales recorded on the front-end POS scanning system at least on a weekly basis. The reconciliation document is submitted with the official delivery ticket invoice (DTI). Payment will be based on a weekly rollup of the reconciliation records by the commissary. A call number will be issued for each rollup. The Defense Finance and Accounting Service (DFAS) is the Government’s paying agent for Supplier reimbursements.

6.1. Call Order Numbers. Weekly Rollup periods are agreed to between the store management and the Supplier; e.g., Sunday through Saturday, Monday through Sunday, etc. Call numbers are alpha and numeric. The first call number will start with A001 and continue in sequence through A999. When more call numbers are needed, the assignment of numbers will continue as A01A, A01B, up to A01Z, then A02A, A02B, up to A02Z, etc., through the end of the agreement term. The store will assign the next sequential number, which will not start at A001. The call number will not be the same for all stores.

6.2. Supplier Credit. The Government shall receive credit back for any products returned because of a latent defect.

7. Product Quality

7.1. Food Recalls: In the event of a product recall by the United States Department of Agriculture (USDA), United States Food and Drug Administration (FDA), DeCA or the manufacturer, the Supplier shall immediately remove all recalled items from the commissary and dispose of accordingly.

7.2. Product Use by Dates: The supplier shall provide to the Commissary Meat Manager a statement identifying the shelf life of each item provided. All products provided shall have a standard commercial “use by” date cleared stated on each package.

8. Government Furnished Equipment / Refrigerated Storage / Maintenance and Repair:

8.1. The Government furnishes dedicated refrigerated display case or area, and refrigerated storage area for replenishment stock. A list of Government furnished equipment and refrigerated storage is at Attachment – A.

8.1.1. Scheduled Maintenance and Repair. The Government will maintain, repair or replace as required, all Government furnished equipment. The Government is responsible for scheduling and performing routine, preventative maintenance on all Government owned equipment.

8.1.2. Non-Scheduled Maintenance and Repair. The Supplier shall notify the Government when Government furnished equipment requires non-scheduled maintenance, repair or replacement. The Supplier shall reimburse the Government for any maintenance, repairs or replacements resulting from negligence or misuse of Government furnished equipment by Supplier employees.

8.1.3. Equipment Maintenance Log. The Supplier shall protect and maintain use of equipment at all times. Any equipment having operational and/or drainage problems should be reported to the store management immediately. Documentation of such incidents should be recorded, to include the date and time of occurrence, when reported, and when repaired on each piece of equipment. A copy of the schedule shall remain in a record file in the seafood market for the term of the agreement; subject to store management, military food inspector(s), and/or Contracting Officer review.

8.2. Unsafe Temperatures. The Government will notify the Supplier immediately upon discovery of Supplier product exposure to unsafe temperatures.

8.3. Inspection Requests. The Supplier shall request MFI inspection of Supplier product exposed to unsafe temperatures. The Supplier shall notify commissary management when MFI inspection is requested. The Supplier shall be responsible for the proper handling and care, and/or disposal of its product.

9. Product qualification requirements: Seafood products supplied under this BPA shall be provided from approved sources listed in the “Worldwide Directory of Sanitarily Approved Food Establishment for Armed Forces Procurement” (Website: http://vets.amedd.army.mil/86256F90007C2D1D/VETCOM) or provide proof of other Federal inspections accepted by the U.S. Army Veterinary Command. This requirement applies to partnership arrangements and subcontractors of potential suppliers.

9.1. Country of Origin Labeling (COOL): Pursuant to the USDA, DeCA is exempt from the Perishables Agricultural Commodities Act (PACA) licensing. As a result, provisions and requirements of COOL are not required, including the tracking and auditing requirements imposed by COOL. While it is not required, it has been a longstanding policy that the commissary operation should mirror standards seen by the consumer in the commercial marketplace. As such, fresh/frozen seafood tray-package operation will identify its bulk products at point of sale as required by the USDA as if COOL requirements were mandatory.

9.2. Directives: The Supplier shall comply with the latest version of the Food and Drug Administration Food Code. The Food Code is available at www.cfsan.fda.gov/~dms/foodcode.html.

10. Emergency Procedures:

10.1. Guidance. The Supplier shall follow local commissary guidance and posted plans for emergencies such as, but not limited to, accidents, bomb and/or terrorist threats, fire and disaster evacuations, weather emergencies, and power outages.

10.2. Supplier POC(s). The Supplier shall provide a list of emergency points of contact (POCs), their telephone, cell phone and/or pager numbers to the Store Director at the commissary upon commencement of this agreement. The Supplier shall keep this list current at all times during the term of the agreement; any changes shall be provided to the Store Director prior to the effective date.

11. Emergency Medical Treatment: Government medical facilities, emergency vehicles, and medical personnel may be used in case of emergency care treatment. The Supplier shall reimburse the Government for any charges incurred as a result of Government provided medical treatment upon notification that payment is due.

12. Cancellation notice:

12.1. The Contracting Officer may provide a written notice to the Supplier advising the Supplier of the last effective date for a shorter performance period.

12.2. The Supplier shall provide the Contracting Officer a 90-day written notice before the effective date of a Supplier-initiated notice. The notice shall specify the reason(s) for a shorter performance period.

13. Observance of Operational Days/Hours: The Supplier shall comply with the Government’s instruction concerning the day(s) and the hours the commissary will be opened for business, as well as when closed due to holidays, inclement weather or emergency conditions, and changes in operating hours/days.

14. Surveillance: The Store Director is responsible for daily commissary operations and for ensuring proper Supplier performance in accordance with the terms and conditions of the blanket purchase agreement.

14.1. The store Meat Manager shall be responsible for ensuring the Supplier provides only tray-packaged seafood products identified in Paragraph 1 of this BPA.

14.2. The Store Management shall validate all credits issued to the Supplier for latent defect merchandise (Paragraph 6.2 above). A Vendor Credit Memorandum (VCM) shall be used to reimburse the Government.

15. Additional Information:

15.1. The Supplier shall not represent their business entity as an agent or representative of the Government.

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52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2008) ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (k) 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 (b) through (i) 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.

“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 conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

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 small business concern" means a small business concern--

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

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

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

(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 ----------.

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

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

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

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees 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 application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) (The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $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--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--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 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. The terms ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American Act--Supplies.''

(2) Foreign End Products:

Line Item No.:---------------------------------------------------------

Country of Origin:-----------------------------------------------------

(List as necessary)

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

(g)

(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “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 or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

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

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

[List as necessary]

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

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

(4) 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 American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that 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; and

(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) ( ) Are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ballot] Have, [ballot] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).)

(1) Listed End Product

Listed End Product Listed Countries of Origin:

(2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.)

( )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

( ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( )In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.)

( ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ) does ( ) does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

( ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The…