HDEC04-09-R-0012.doc

Section SF 1449 - CONTINUATION SHEET

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

I. SUBMISSION OF OFFERS: [(Reference Paragraph (b)]

a. Proposals are to be submitted to the Defense Commissary Agency, Equipment and Maintenance Acquisition Division, Attn: DOAE, 1300 E. Ave, Fort Lee, VA 23801-1800. No faxed, scanned or e-mailed copies will be accepted. The complete proposal with authorized representative’s signature must be received by the closing date and time. All questions of a technical and/or contractural nature concerning this solicitation must be submitted in writing no later than April 17, 2009. A consolidated list of questions and answers, if applicable, may be provided to all prospective offerors as appropriate. Answers to questions will not alter the solicitation unless, and until, an amendment is made to the solicitation. Offerors are also required to be registered in the Central Contractor’s Registration (CCR) database at http://ccr.gov.

b. The Offeror’s proposal shall consist of two volumes as follows:

(1) Volume I. (original only)

(a) A completed Standard Form (SF) 1449. Ensure that blocks 17a, 30a, 30b, and 30c are complete and that an authorized official with authority to bind the company signs the document.

(b) All amendments issued against this solicitation before the closing date shall be signed, dated, and included in this volume.

(c) The following provisions of this solicitation have certifications that must be completed: FAR 52.209-5, Certification Regarding Responsibility Matters (Dec 2008), DFARS 252.212-7000, Offeror Representations and Certification-Commercial Items (Jun 2005), and DFARS 252.247-7022, Representation of Extent of Transportation by Sea (Aug 1992).

(d) The provision at FAR 52.212-3, Offeror Representation and Certification-Commercial Items (Feb 2009), Alternate I (Apr 2002) is incorporated into this solicitation by full text. The prospective offeror is required to register and complete the Annual Representations and Certifications via the Online Representatives and Certifications Application (ORCA) at http://orca.bpn.gov. to comply with this provision. Offerors can submit verification that Representation and Certification has been completed by providing a screen print from online in lieu of the full-text clause 52.212-3.

(e) Past Performance References. Submit at least 5 references; companies that you have conducted business with over the last five years for delivery of products and installation services that are similar to those listed in this solicitation.

(1) Company Name and Address

(2) Point of Contact Name and Title

(3) Phone Number

(4) Facsimile Number

(5) E-Mail Address

(6) Description of Product Delivered

The references will be asked to provide information on your company’s past performance with regard to timeliness of delivery, quality, and business relations. The contracting officer will contact the references provided to obtain this information. Any other past performance information available to the contracting officer will also be considered.

(f) Price (only) for the Sample Project, Attachment A, with itemized costs such as materials; labor, to include types and numbers of personnel; overhead; profit; and general and administrative expenses, as applicable.

(g) A Small Business Subcontracting Plan is required from large business concerns, if subcontracting is applicable, and must be included in this section with the initial proposal. See FAR Clause 52.219-9, Alternate II. Small Business Subcontracting Plan for the required information that must be included in the plan.

(2) Volume II. (original and 3 copies)

(a) Product Information: Submit descriptive literature, a matrix, or other information that demonstrates that the proposed product meets the required salient characteristics of Commissary Equipment Description (CED), 2G14, Gondola Shelving, which are listed in Attachment B. During the oral presentation (See below), you will be required to direct the evaluator’s attention to the portion of your descriptive literature that demonstrates compliance with the mandatory characteristics.

Note: CED 2G14 can be viewed in its entirety through the following steps.

1. To www.commissaries.com

2. To “About Us”

3. To “Business with DECA”

4. To “Equipment”

5. To “Automated Commissary Equipment Descriptions”

6. To “Search for CEDs”

7. In “Search” enter 2G14

(b) Experience and Technical Capability. Provide an overview of your company’s experience in this industry and the technical capability of the firm and the key members who will be involved in this contract. Provide the overview in a written narrative format of no more than 10 single spaced pages. Key points should provide information sufficient for evaluators to determine whether your firm has the ability and technical expertise to perform delivery orders under contracts resulting from this solicitation. An outline of the type of information needed, as a minimum, is included in Attachment C.

(c) Sample project. Provide a detailed narrative to describe how your company would complete this project. See Attachment A. Provide the list of components that would be used to complete the project as well as details on the ordering, shipping, delivery, and installation processes required to complete the project in the required time frame. Provide details such as the source of Project Management, Installers, Laborers; what resources are available to on-site staff in the event of material shortages or other contingencies.

(d) Copies of Powerpoint slides for Oral Presentation, below

(3) Oral Presentation . Offerors may be required to present the information covered by Volume II of their proposal in person at HQ, Defense Commissary Agency, Fort Lee, VA approximately three weeks after the closing date of proposals. Oral presentations must be scheduled within one week of the time and date offered by the Government on the initial notification. The Government will provide a computer, projector, and screen for presentation of the offeror’s Powerpoint presentation.

(a) Each offeror shall make an oral presentation of not longer than 60 minutes to the Government’s technical evaluation board. The offeror will not be allowed to complete the presentation if they are not finished in 60 minutes.

(b) Each offeror should be prepared to elaborate on details of any part of their experience and technical capabilities from their proposal.

(c) After the oral presentation, the offeror must answer questions from the technical evaluation board for no longer than 30 minutes.

(d) The Government will audio and videotape the oral presentation solely for its use and records. Participation in the oral presentation provides consent to the government to use the presentation recording for internal government purposes after contract award.

(e) The purpose of the oral presentation is to allow the offeror to demonstrate that their proposed products comply with the required salient characteristics of the CED; to present their company’s experience and technical capabilities; and to explain the methodology that they would use to complete the sample project. If there is a conflict in the oral presentation and the written proposal, the written proposal will prevail as the offeror’s final response.

(f) If oral presentations are required, the contracting officer will schedule the oral presentations and will notify each offeror of the date, time, and location of its oral presentation after the Government receives the offers in response to this RFP. The contracting officer will provide additional instructions for the oral presentation with the notification. The government will hold the oral presentation at the Headquarters Defense Commissary Agency, 1300 E Avenue, Fort Lee, Virginia 23801.

(g) An offeror’s oral presentation must be made by one or more persons who will be primarily responsible for the performance of any resultant contract. This person must be able to legally bind the company contractually. However, the maximum number of contractor personnel allowed in the oral presentation is three.

(h) Neither the oral presentation nor the question and answer session will constitute discussions, as defined in FAR 15.306. They will also not obligate the Government to conduct discussions or to solicit or consider any revisions to the offer or to request a best and final offer.

II. The period for acceptance of offers is changed to 90 days.

FAR 52.212-2

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award approximately three contracts resulting from this solicitation to the responsible offerors whose offers conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

1. Product

2. Experience and Technical Capability

3. Sample Project

4. Past Performance

(a) Timeliness

(b) Quality of Products

(c) Business Relations

5. Price

(b) Awards will be made to the offerors whose products are determine to be acceptable, and whose proposal is rated “good” in the Experience and Technical Capability, Sample Project, and Past Performance evaluation factors. For the proposed product to be acceptable, the offeror's product must meet or exceed the stated mandatory salient characteristics.

(c) To be rated “good” in the Experience and Technical Capability factor, the offeror must demonstrate that the company and key personnel have sufficient experience and technical expertise to successfully perform projects anticipated under contracts resulting from this solicitation. Subcontracting Plans, if required, will be evaluated following FAR 19.704.

(c) The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance, but an offeror's overall past performance history. The Government is seeking to determine whether the offeror has consistently demonstrated a genuine concern for customer satisfaction, and timely delivery of a quality product. This determination is a matter of judgment.

(d) Options. Option periods are not priced. The sample task will be used to evaluate an offeror’s understanding of the requirement, and his ability to offer a fair and reasonable price to complete the project. Offerors that receive contract awards will compete for actual individual shelving installations, as each requirement is identified.

(e) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offerors within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The Government reserves the right to award without discussions.

ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

The following paragraphs have been changed/added to FAR 52.212-4 Terms and Conditions – Commercial Items.

1. Administrative Modifications:

The Government may issue unilateral written modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data.

2. Payment Procedures: Funding will be provided on individual delivery orders. Payment will be made by Defense Finance and Accounting Service (DFAS), through Wide Area Workflow (WAWF).

3. Period of Performance:

Base Year:

July 1, 2009, or date of award if later, through June 30, 2010

Option Year 1:

July 1, 2010 through June 30, 2011

Option Year 2:

July 1, 2011 through June 30, 2012

4. Delivery Orders:

(a) Offerors awarded a contract resulting from this solicitation will be given an opportunity to provide a proposal on individual projects to furnish and install shelving as the requirements are identified during the duration of the performance period, unless the contractor requests consideration for only certain areas. In addition, awardees need not be given an opportunity to be considered for a particular order if the contracting officer determines that:

(1) The agency need for such services is of such urgency that providing such opportunity would result in unacceptable delays;

(2) It is necessary to place an order to satisfy a minimum guarantee.

(b) Offerors are not required to submit a price for every project; however, negative responses are required.

(c) A statement of work and layout plan will be provided with every request for proposal. It will contain the performance date, time, and other necessary information, as well as the criteria that will be used to evaluate proposals and determine the successful offeror. The contractor’s price must include all related costs associated with the performance of the project to furnish and install shelving. The request for proposal will include the Department of Labor wage determination applicable to the project.

(d) Delivery orders will be issued and accessed through the Electronic Document Access System (EDA) at http://eda.ogden.disa.mil.

(e) Evaluation of shelving project performance.

(1) Each delivery order to furnish and install shelving will contain a performance evaluation to be completed by the DeCA HQ Reset Coordinator after the completion of the installation. The performance evaluation will contain a rating of the following elements of the service performance: Quality of Products, Timeliness/Schedule, and Business Relations.

(2) The information contained in these evaluations will be used to create a past performance data base for consideration in awarding future delivery orders. If a contractor’s recent performance differs significantly from the information in the past performance data base, the Government reserves the right to use the more current information for future awards. Some situations that may impact future awards include, but are not limited to, cancelled resets due to the contractor’s inability to perform, adverse reports of performance, trends in performance such as repeated lateness, and/or inability to complete projects on time.

(f) The Government reserves the right to obtain services elsewhere if none of the contractors are available for a performance at a reasonable price.

5. Guarantees: The minimum value that the Government guarantees will be purchased per year under each contract awarded as a result of this solicitation is $3,000. The maximum value for all orders issued against the contract is $10,000,000.00. The quantity stated within the CLIN for the base and option years is the maximum number of orders that will be issued for all contracts for one year. That maximum quantity can only be changed by contract modification. If the option year(s) is not exercised, the Government also does not guarantee any minimum purchase for that period. The minimum value stated applies to the entire contract period, base plus any exercised option periods combined.

6. Failure to Perform. Commissary personnel and their industry partners devote a substantial number of man-hours to prepare for a shelving installation; therefore, it is imperative that the installation be conducted as scheduled. If for any reason a contractor fails to perform an installation as scheduled, the contractor may be held liable to the Government for the commissary’s costs to prepare for that installation, and potentially for re-procurement costs, if another contractor is requested to complete the project. Some examples of unacceptable reasons for failure to perform include, but are not limited to, having insufficient labor to perform an installation, and contractor team members not being able to gain access to the installation. Since each commissary installation may involve a different level of effort, the contracting officer will consider the factors surrounding each situation on a case by case basis.

7. Task Order Ombudsman: According to FAR 16.505(b)(5), the Ombudsman for this contract is:

Defense Commissary Agency

Directorate of Contracting (AM)

ATTN: Competition Advocate

1300 E Avenue

Fort Lee,VA 23801-1800

8. Service Contract Act Posting Requirements Clause at 52.222-41, Service Contract Act of 1965, as amended, is applicable to the services performed under this contract. The contractor is responsible for obtaining and posting the following publications available at http://www.dol.gov/osbp/sbrefa/poster/matrix.htm:

(a) Employee Rights on Government Contracts (WHD Publication 1313)

(b) Employee Rights under Fair Labor Standards Act (WHD Publication 1088)

(c) Equal Employment Opportunity is the Law (OFCCP 1420)

Furnish and Install Store Shelving

FFP

CED 2G14 Base Period: July 1, 2009 or date of award if later, through June 30, 2010.

Work to be performed in Defense Commissary Agency stores as specified in individual delivery orders.

FOB: Destination

MAX

NET AMT

FFP

CED 2G14

Option One: July 1, 2010 through June 30, 2011

MAX

FFP

CED 2G14

Option 2: July 1, 2010 through June 30, 2011

MAX

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (DEC 2001)

The contractor is responsible for ensuring compliance with installation access procedures for both personnel and vehicles.

CLAUSES INCORPORATED BY FULL TEXT

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.; and

(D) Have [ballot], have not [ballot], 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. 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.

(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. 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.

(iii) 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.

(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).

(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.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2009) ALTERNATE I (APR 2002)

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 (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 for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Supplies.”

(2) Foreign End Products:

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

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

(List as necessary)

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

(g)

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

The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

(ii) ) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

[List as necessary]

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

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I (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.