HE125419Q0015.docx

HE125419Q0015

Section SF 1449 - CONTINUATION SHEET

Grades K-5 Resources

FFP

In accordance with Statement of Work (SOW) sections 3.1-Pedagogical Design, 3.2-Materials, 3.3- Parent awareness and opt-out option, 3.4-Virtual Professional Learning, and sub-sections.

PURCHASE REQUEST NUMBER: HE1254985604

NET AMT

0001AA

Grades K-5 Resources (Print)

FOB: Destination R499

NET AMT

0001AB

Grades K-5 Resources (Digital)

NET AMT

Grade 6-8 Resources

In accordance with Statement of Work (SOW) sections 3.1-Pedagogical Design, 3.2-Materials, 3.3- Parent awareness and opt-out option, 3.4-Virtual Professional Learning, and sub-sections.

NET AMT

0002AA

Grade 6-8 Resources (Print)

NET AMT

0002AB

Grade 6-8 Resources (Digital)

NET AMT

Grades 9-12 Resources

In accordance with Statement of Work (SOW) sections 3.1-Pedagogical Design, 3.2-Materials, 3.3- Parent awareness and opt-out option, 3.4-Virtual Professional Learning, and sub-sections.

NET AMT

0003AA

Grades 9-12 Resources (Print)

NET AMT

0003AB

Grades 9-12 Resources (Digital)

NET AMT

Shipping

Ship all resources to DoDEA-Europe or DoDEA-Pacific schools by a commercial company like FEDEX or UPS, unless stated otherwise in writing from the Contracting Officer’s Representative (COR). Ship all resources to DoDEA-America schools by a commercial company or the US Postal Service (USPS). Provide the COR with the tracking information for all shipments.

NET AMT

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

200.00

1,000.00

150.00

500.00

100.00

300.00

300.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

200.00

1,000.00

150.00

500.00

100.00

300.00

300.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

23-MAY-2024

SEE POINTS OF CONTACT IN THE DELIVERY ORDER

VA

PROVIDED ON DELIVERY ORDER

HE1254

23-MAY-2024

HE1254

23-MAY-2024

SEE POINTS OF CONTACT IN THE DELIVERY ORDER

VA

PROVIDED ON DELIVERY ORDER

HE1254

23-MAY-2024

HE1254

23-MAY-2024

SEE POINTS OF CONTACT IN THE DELIVERY ORDER

VA

PROVIDED ON DELIVERY ORDER

HE1254

23-MAY-2024

HE1254

23-MAY-2024

HE1254

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS (DEC 2006)

1. Addendum to Paragraph (b) Submission of Quotes: In addition to those requirements as stated in paragraph (b), the following are added and shall apply to the submission requirements in response to this solicitation:

Quote Structure and Content – Vendors shall submit quote packages consisting of the following separate/distinct volumes for evaluation purposes and include the content identified herein:

1. Volume 1 - Administrative Cover Letter: The cover letter shall include the following:

a. Tax identification number (TIN);

b. Dun & Bradstreet Number (DUNS);

c. Complete Business Mailing Address;

d. Cage Code/NAICS Code; and,

e. Contact Name, Phone, Fax and Email address.

f. Completed DFARS Clause: 252.239-7009, Representation of Use of Cloud Computing.

g. Vendor quote shall be valid for 120 days from the quote submission date

h. Vendor signed 1449

i. FAR 52.212-3 filled out completely

j. Completed Attachment 3, Government Product Accessibility Template (GPAT)

k. Completed Attachment 4, Terms of Service Addendum

l. Completed Attachment 5, Attachment 5, DoDEA Cloud Questionnaire

2. Volume 2 Factor 1– Technical Approach:

Part I -Pass/Fail Criteria: Vendors shall address the subfactors (1-5) for the electronic materials submitted in response to the solicitation.

*DoDEA will require web-based access to vendor digital resources for five people per course. For example, if two courses are evaluated, web-based access for 10 people will be required.

Part II: Vendors shall provide a technical approach that demonstrate the vendor’s understanding of and approach to meeting the Statement of Work Sections sub-factors (6-8). Volume 2 shall not exceed 12 pages in length.

Note: Please note that some documents must be submitted by non-electronic means by the time and date set for receipt of quotes detailed in the Addendum to FAR 52.212-1. Print materials will be returned to vendors. Vendors shall provide prepaid shipping labels in the administrative quotes. If prepaid shipping labels are not provided, the Government reserves the right to dispose of the materials.

3. Volume 3 Factor 2 – Past Performance. This quote volume shall:

Include at least three projects/references that demonstrate recent and relevant past performance of similar contracts to those identified in the SOW. Recent is defined as within the last five years. Relevant is defined as work similar in size and scope to the work described in the Statement of Work (SOW). When citing each source of past performance, the following information shall be included:

· Organization name and address

· Point of Contact name, phone number, and email

· Description of the effort to include performance dates

· Contract Number and Contract Value

Attachment 2, Past Performance Part is a reference inquiry that must be forwarded by vendors to a minimum of three references. References must complete and submit the questionnaire directly to the DoDEA Procurement Division via email to hope.woods@dodea.edu. Past Performance information may be obtained from any other sources available to the Government, to include, but not be limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting system (eSRS), or other databases; and interviews with Program Managers and Contracting Officers.

4. Volume 4 Factor 3– Price. This quote volume shall:

a. Be in Microsoft Excel. All items must have a price or be marked “NSP” for “Not Separately Priced.” Each item will state the description, quantity, unit, unit price, and estimated amount. A final total of 60 months is required in the Excel Spreadsheet. (Attachment 1, Pricing Sheet)

b. Reference the Contract Line Item Numbers (CLINs) and Sub-CLINs in the SF1449 schedule of services as suggested CLIN structures. In lieu of this schedule, the contractor may submit fewer or more CLINs, whichever may be appropriate to their standard commercial practice.

c. Vendor shall submit their quoted price in accordance with the attached pricing sheet to include a detailed CLIN breakdown. If the contractor submits a different CLINS than those identified in the SF 1449, the pricing sheet, must correspond with the SF 1449.

Quote Submission Requirements: Instructions are set forth herein for vendors to prepare and submit a quote to the Government in response to this solicitation. Vendors are strongly advised to carefully read and fully understand these instructions to ensure submission of a fully compliant and sufficiently prepared quote. Venders are cautioned that quotes containing less than the minimum information required by these instructions may be rejected by the government and eliminated from further consideration for award.

2. Questions – Questions in regards to this RFQ shall be submitted in writing via email to the Contract Specialist hope.woods@hq.dodea.edu with the subject line, “Questions to Solicitation Number HE125419Q0015, (Personal Safety and Healthy Relationships)” no later than 10:00 AM ET on April 8, 2019. A consolidated list of all questions and answers will be provided via an amendment to the RFQ posted to www.fbo.gov. It is the sole responsibility of the vendor to monitor the FBO website for Government postings containing information applicable to this RFQ. Vendors are advised that questions or comments will not be honored if communicated outside of email or to any individual other than the point of contact identified above. Questions shall be grouped and identified by solicitation section, paragraph and page number, including attachments, and shall be attached to the email transmission as a Microsoft Word document.

3. SUBMISSION REQUIREMENTS AND QUOTE DUE DATE (Volumes 1 - 4):

Quote is due no later than the date listed in the solicitation via email Ms. Hope N. Woods at hope.woods@dodea.edu.

Note: DoDEA has a maximum email limit of 10MB. Vendors shall confirm receipt of their electronic copy by return email from these the above email addresses.

4. Shipping/ Package Labeling:

All boxes containing materials submitted in response to this RFQ must include the following information on the label in this order:

Hard Copy: By the date listed in the solicitation via U.S. Postal, UPS, or FEDEX to the following address and/or email:

Department of Defense Education Activity (DoDEA) 4800 Mark Center Drive Attn: Ms. Hope N. Woods/ Education Student Services Suite 05F09-02 – Procurement Alexandria, VA 22350-1400 Telephone #: 571-372-1449 Email: hope.woods@dodea.edu

Exact RFP Number: HE125419Q0015 Exact Box Number: Box 1 of 6 Exact Contents of Box: Student Materials, etc.

Vendor Name/POC Information: Your Company/Sue Smith/email/phone

5. Other Information:

a. Vendors shall direct all communications to the attention of the cognizant individual identified in this solicitation and any solicitation amendments. Communications with other Government personnel may compromise the integrity of this acquisition and can result in cancellation of the requirement.

b. Signature: The quote shall be signed by an official authorized to bind its organization.

c. Content Requirements: All information shall be confined to the appropriate file. The vendor shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Vendors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

d. The quote should not simply rephrase or restate the Government's requirements but rather shall provide convincing rationale to address how the vendor intends to meet all requirements.

Vendors shall assume that the Government has no prior knowledge of their capabilities and experience, and the Government will base its evaluation solely on the information presented in the vendor’s quote.

(End of addendum to FAR 52.212-1)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

1.0 Overview

The Government anticipates issuing a multiple award Indefinite-Delivery/Indefinite Quantity Firm-Fixed Price (IDIQ) contract resulting from this solicitation to the responsible vendor whose quote provides the best value to the government in accordance with FAR Part 12 and 13 procedures. To make the award decision, the government will consider three evaluation factors: (1) Technical Approach; (2) Past Performance; and (3) Price.

The Government will apply a tiered approach to the technical evaluation using two parts. The first part of the technical evaluation will be conducted on a pass/fail basis using the ratings in table one (1) below. If a quote receives a fail rating for any of the technical approach subfactors, it will receive a fail rating for the technical approach factor and will not be eligible for award. The second part of the technical evaluation will be conducted using an adjectival rating process depicted in table two (2) below. The Government may determine the best value vendor to be other than the lowest priced offer or other than the highest technically rated quote.

2.0 Factor 1- Technical Approach Part I

Pass/Fail Criteria: Digital access for teachers/students (Pass or Fail). Vendors shall address and meet the minimum standards of subfactors (1-5) for the electronic materials submitted in response to the solicitation.

Subfactor 1- Software and Cloud Security Requirements: The vendor’s technical approach meets the minimum requirements of SOW section 4.1 and sub-sections.

Subfactor 2- System Requirements: The vendor’s technical approach meets the minimum requirements of SOW section 4.2 and sub-sections.

Subfactor 3- Data Management Requirements: The vendor’s technical approach meets the minimum requirements of SOW section 4.3 and sub-sections.

Subfactor 4- DoDEA Software License Keys: The vendor’s technical approach meets the minimum requirements of SOW section 4.4.

Subfactor 5- DoDEA Information Assurance Supporting Elements / Requirements: The vendor’s technical approach meets the minimum requirements of SOW section 4.5 and sub-sections.

Table 1 -Pass/Fail Rating Standard

Pass

The vendor’s quote meets the minimum requirement in accordance with the SOW.

Fail

The vendor’s quote does not meet the minimum requirements in accordance with the SOW.

2.1 Factor 1- Technical Approach Part II

The following print and or digital for teachers/students/parents will be evaluated using an adjectival rating basis.

Vendors will be evaluated on how well they demonstrate their understanding of and ability to address the subfactors set forth in the Statement of Work (SOW).

Subfactor 6 – Classroom Instructional Standards for K-5: The extent to which the vendor’s technical approach meets or exceeds the requirements of SOW sections 3.1-Pedagogical Design, 3.2-Materials, 3.3- Parent awareness and opt-out option, 3.4-Virtual Professional Learning, and sub-sections.

Subfactor 7- Classroom Instructional Standards for Grades 6-8: The extent to which the vendor’s technical approach meets or exceeds the requirements of SOW sections 3.1-Pedagogical Design, 3.2-Materials, 3.3- Parent awareness and opt-out option, 3.4-Virtual Professional Learning, and sub-sections.

Subfactor 8 - Classroom Instructional Standards for Grades 9-12: The extent to which the vendor’s technical approach meets or exceeds the requirements of SOW sections 3.1-Pedagogical Design, 3.2-Materials, 3.3- Parent awareness and opt-out option, 3.4-Virtual Professional Learning and sub-sections.

Table 2 - Technical Approach Rating Standard

Outstanding

The vendor’s quote has an exceptional approach and understanding of the requirements and contains multiple strengths.

Acceptable

The vendor’s quote clearly meets the minimum requirements of the solicitation.

Unacceptable

The vendor’s does not clearly meet the minimum requirement of the solicitation. Quote is unawardable.

2.2 Factor 2 - Past Performance

2.2.1 A vendor’s past performance will be evaluated as “acceptable”,” unacceptable” or “neutral”. The past performance evaluation will assess the vendor’s probability of meeting the minimum solicitation requirements. Vendors shall submit three relevant past performance references with their quote and will be assigned one of the previously mentioned ratings. The assessment will be based on the vendor’s record of relevant and recent past performance information. In addition to past performance, the Government may also consider information obtained through other sources such as Past Performance Information Retrieval System.

2.2.2 Relevant performance includes efforts of the same or similar in size and scope that this solicitation requires; vendors should include specific examples, of relevance, if appropriate. These include efforts where the Vendor provided material similar to those outlined in the SOW. Recent efforts are defined as those efforts, which have been performed during any portion of the last three years, including those efforts currently being performed.

2.2.3 The Government will consider the collective record of all recent and relevant past performance in assessing a rating. In the case of an vendor without a record of past performance or for whom information on past performance is not available or so sparse that no meaningful past performance can be reasonably assigned, the vendor may not be evaluated favorably or unfavorably on past performance therefore, the vendor shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable”.

Factor 2 - Past Performance Rating

Acceptable

Based on the vendor’s recent and relevant performance record, the Government has a reasonable expectation that the vendor will successfully perform the required effort.

Unacceptable

Based on the vendor’s recent and relevant performance record, the Government has no reasonable expectation that the vendor will be able to successfully perform the required effort.

Unknown/Neutral

No recent and relevant performance record is available or is so sparse that no meaningful past performance rating can be reasonably assigned.

2.3 Factor 3 - Price- Vendor’s total quoted price will be evaluated for fair and reasonable pricing in accordance with FAR 13.106-3.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"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.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

(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.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“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.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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.

“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 small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) 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 electronically on SAM.]

(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 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.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) 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.

(9) 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:

(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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone 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 each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(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 $150,000.) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --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--Supplies.”

(2) Foreign End Products:

(List as necessary)

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

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

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

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-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:

(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 -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-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-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

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

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

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

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating 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) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 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. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §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. §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 products.

(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 it 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…