2016_LRCCA_RFP_3_29_16.docx

SOLICITATION HSCG23-16-R-MAV106

PART 1 – THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

CONTRACT LINE ITEM NUMBER (CLIN)

See attached Spreadsheet

SECTION C

STATEMENT OF WORK

See Section J, Attachment 1: Statement of Work.

SECTION D

PACKAGING AND MARKING

N/A

SECTION E

INSPECTION AND ACCEPTANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Also, the full text of the clause may be accessed electronically at this address: http://www.acquisition.gov/far/

The following is a summary of the applicable FAR clauses incorporated by reference:

USE OF CONTRACTOR’S INSPECTION EQUIPMENT

The Contractor’s gauges and measuring and testing devices shall be made available for use by the Government when required to determine conformance with contract requirements. If conditions warrant, the Contractor’s personnel shall be made available to operate such devices and to verify their accuracy and condition.

ACCEPTANCE OF LEASED AIRCRAFT

The Contractor shall provide personnel to assist the USCG in conducting acceptance testing of the leased aircraft.

A fully conforming lease aircraft for inspection and acceptance purposes shall include:

a) Completion of all GFE integration, with open items as mutually noted

b) Completion of all tests and validations, with open items as mutually noted

c) Completion of aircraft inspection and verification to ensure the modified aircraft meets USCG requirements

The Contractor shall complete the DD-250 for each the modified aircraft immediately following the completion of acceptance testing. All known discrepancies and exceptions (items not fully completed or outstanding discrepancies) identified by the Contractor shall be documented on the DD-250.

ACCEPTANCE OF DATA DELIVERABLES

a) All contract data deliverables will be reviewed by the Coast Guard for various purposes, including progress monitoring, quality checks (random and systematic), and to ensure the Coast Guard has a reasonable expectation of the Contractor meeting the contract requirements. Deliverables may be returned without comments, recommendations, or with advisory notes concerning contract compliance.

b) Approvals will be limited to the extent defined in the contract. Data deliverables requiring Government approval shall be subject to the requirements in each CDRL. Data not requiring Government approval will be accepted by the Government providing it reasonably meets the requirements in the CDRL including correctness, completeness, and quality. Data not requiring Government approval will not relieve the Contractor from meeting the contract requirements including, but not limited to, performance and verification requirements. Absence of comments by the Coast Guard shall not relieve the Contractor of responsibility for complying with the requirements in this contract.

c) Final approval and/or acceptance of documentation required herein will be by letter of approval and/or acceptance of the Contracting Officer, or electronic equivalent. Any acknowledgment of receipt of data or documentation shall be construed as a waiver of review or as an acknowledgment that the data or documentation is in conformance with the contract. All contract data deliverables shall be subject to formal review and final disposition by the Government as specified in the CDRL. Rejection of any contract data deliverable is only authorized by the Contracting Officer. If a contract data deliverable is rejected, requiring resubmission by the Contractor, the Government will provide all deficiencies, comments, recommendations, and advisory notes with its final disposition. Subsequent resubmitted data deliverables shall be subject to the aforementioned process.

SECTION F

DELIVERIES OR PERFORMANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Also, the full text of the clause may be accessed electronically at this address: http://www.acquisition.gov/far/

The following is a summary of applicable FAR clauses incorporated by reference:

DELIVERY SCHEDULE

Offerors should attempt to schedule to have all aircraft modifications completed, with Government acceptance occurring on or before August 30, 2016. Offerors shall contact the Contracting Officer prior to the proposal response deadline if they cannot meet a delivery schedule that will result in acceptance of the modified aircraft occurring after September 15, 2016.

EARLY DELIVERY NOTICE

The Contractor is authorized to tender modified aircraft prior to the time set forth in the proposed schedule. If the Contractor anticipates presenting any modified aircraft for acceptance earlier than the Contractor proposed delivery dates, the Contractor shall provide written notice 30 days in advance to the Government.

PLACE OF DELIVERY

Leased aircraft under this contract shall be delivered to the Government fully modified and set up for flyaway from the aircraft modification facility unless otherwise specifically addressed herein.

PERIOD OF PERFORMANCE

The Government intends to award a contract with a base period of 12 months from date of award and 4 option periods for 12 months each. The Government anticipates an award date of June 1, 2016.

OPTION EXERCISE

The Government may, within the constraints specified within this clause, exercise any of the optional contract line items at the prices set forth in Section B of this contract. Option CLINs may be exercised once or multiple times within the periods specified.

The exercise of any option is the unilateral right of the Government, and shall be via contract modification executed by the Contracting Officer in accordance with FAR 52.217-7, incorporated below and set forth in Section B.

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

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

SECTION G

CONTRACT ADMINISTRATION DATA

DEFINITION OF DAYS

Unless otherwise stated, all references to “days” in this solicitation and its associated attachments refer to calendar days.

PAYMENT ADDRESS

Pursuant to the requirements of FAR 52.204-7, payment shall be made in accordance with the address established in the Contractor’s Central Registration.

AUTHORITY OF GOVERNMENT PERSONNEL

a) The Contracting Officer (KO) is the only person authorized to approve changes in any of the requirements under this contract. In any event, no other individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of this contract.

b) The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. Under no circumstances, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms and conditions of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the KO prior to completion of the contract.

c) The COR may give technical direction to the Contractor that fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to facilitate the Contractor’s compliance with the contract. To be valid, technical direction by the COR must be consistent with the general scope of the work set forth in this contract.

PAYMENT AND INVOICE INFORMATION

(a) The Contractor shall provide the following information on all invoices:

1. Contract Number, CLIN number, Item & Quantity number, Invoice number, and price being invoiced.

2. Name of the Contracting Officer.

3. Invoice Routing Code (IRC) provided in paragraph (b) below.

4. The contract shall include the requirements specified in FAR Clause 52.232-25, Prompt Payment.

(b) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery order is:

(c) Each invoice must be submitted to the designated billing office via one of the following modes listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Fax: (757) 523-6900

(d) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe.pdf formatted file, or as otherwise specified in the contract.

(e) Supporting documentation along with a courtesy copy of the invoice shall also be e-mailed to the Contracting Officer and COR

(f) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date in which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web-based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained - at the following website: https://www.fincen.uscg.mil/secure/payment.htm

INVOICING REQUIREMENTS

a) Invoices shall be submitted in accordance with the instructions listed in Section G. The Contractor shall follow the proper invoicing procedures outlined in the Federal Acquisition -Regulation (FAR) Part 32.905 titled “Payment Documentation and Process.” Failure to follow these procedures could result in delay of payment or rejection of the invoice.

b) In addition to the procedures set forth above, the Contractor shall provide the following information on all invoices:

1. Contract number, CLIN number, SLIN number, invoice number, amount to be paid (with breakdown), for which aircraft number, and explanation of the cost to include subcontractors.

2. Copies of written confirmation from subcontractors of delivered parts or components.

3. Copies of written confirmation from subcontractors of completed tasks and milestones.

4. Copies of pictures of completed tasks or milestones.

5. All submitted backup material is to be provided in English or with an English translation if it is from a subcontractor. Subcontractors submitted reports are to be included with all translations.

6. In addition to the requirements of Section I clause 52.232-25 Prompt Payment clause, the requisition number found in block six of SF 33 must be included on an invoice.

c) Any additional information requested for verification of completion of the milestone shall be provided upon request at no cost to the Government. The Government reserves the right to reject any invoice without the required information.

PAYMENT AND INVOICE INFORMATION

a) The Government will make payment in accordance with FAR 52.232-33, Payment by Electronic Transfer-Central Contractor Registration (May 1999).

The U.S. Coast Guard requires the Contractor to submit certain information to the U.S. Coast Guard Finance Center in order to facilitate EFT payment for deliveries or performance under this contract. Accordingly, prior to submitting the first invoice for payment, the contractor shall complete the EFT/ACH Vendor Payment Enrollment Form, available at the website: HYPERLINK "http://www.fincen.uscg.mil/secure/enrollment_form.htm"http://www.fincen.uscg.mil/secure/enrollment_form.htm.

The form may be completed online or faxed to the U.S. Coast Guard Finance Center following the online instructions. Failure to submit the EFT/ACH Vendor Payment Enrollment Form to the above mentioned address as soon as possible after award may result in nonpayment of invoices.

ADDRESS OF CORRESPONDENCE

All contract correspondence shall be forwarded to the Contracting Officer at the following address:

COMMANDANT (CG-9127)

ATTN: JERRY LOW

U.S. COAST GUARD MAIL STOP 7800

2703 MARTIN LUTHER KING JR AVE SE

WASHINGTON DC 20593-7800

E-mail: Jerry.Low@uscg.mil

ACCOUNTING AND APPROPRIATION DATA

RESERVED

CONTRACTOR REPRESENTATIVE AUTHORIZED TO SIGN DOCUMENTS

Upon execution of the contract, the Contractor shall provide a list to the Contracting Officer which identifies the Contractor representative(s) authorized to sign written communications and/or make obligations on behalf of the Contractor. The list shall specifically contain the following:

a) Name of the individual authorized to sign Contractor-generated technical data and Contractor management type documentation; and,

b) Type of documentation each individual is authorized to sign.

c) Upon addition or deletion of one or more names, the list shall be revised accordingly and the updated list shall be provided to the Contracting Officer.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

PERFORMANCE MANAGEMENT

The contractor shall be responsible for the performance metrics specified herein. The following paragraphs define the performance metrics and specify measurement and calculation requirements. The aircraft operational availability (Ao) for the contract is 95%. All data relevant to these calculations shall be provided to the Coast Guard upon request. All maintenance actions shall be included in the performance metric calculations. Any maintenance action exclusions or exclusions of data from performance metric calculations shall be disclosed in the applicable reports with a full explanation.

a) Operational Availability (Ao).

i. Availability of the LRCCA to perform its operational missions is dependent on a wide range of variables. These included availability of mission, maintenance crews, special tools, ground support and launching equipment, and spare parts. The U.S. Coast Guard has assigned a hierarchy to the LRCCA when the aircraft is Fully Mission Capable, Partially Mission Capable, or Not Mission Capable. The LRCCA Operational Availability (Ao) percentage is designed to maximize availability to Coast Guard Air Station Washington, while meeting the manufacturers FAA-approved maintenance requirements of the aircraft. The Ao is to be computed and verified semi-annually.

b) Fully Mission Capable (FMC)

i. The LRCCA will be considered FMC when it is available for dispatch with required systems, subsystems, and accessories in fully functional working order as designed.

c) Partially Mission Capable (PMC)

i. The LRCCA will be considered PMC when the aircraft is in a flyable condition but one or more of the required systems, subsystems, or accessories to those systems are degraded.

d) Not Mission Capable (NMC)

i. The LRCCA will be considered NMC when it is not available for dispatch for required missions.

e) Computing Availability

i. Semi Annual Ao = Uptime/ (Uptime + Downtime)

ii. Required Ao = 95%

iii. Uptime represents the amount of time the system has been fully operational based on 8760 hours per year (365 days * 24 hours/day).

iv. Downtime represents the sum of NMC time and PMC time in hours or fraction thereof. Outside of any normal wear and tear, any downtime which is caused by the aircraft entering scheduled depot maintenance will not be included in computing Availability to determine compliance with the Required Ao. The Coast Guard and the Contractor mutually agree that downtime will be measured from the time the Contractor is notified by the Coast Guard Air Station Washington Maintenance personnel the affected aircraft system is returned to Ready for Issues (RFI) status.

f) Calculating NMC and PMC Time

i. Not Mission Capable (NMC) uses 100% of the time to calculate NMC time.

ii. Partially Mission Capable (PMC): The calculation of PMC time shall be applied to systems not impacting safety of flight, but reflecting level of service provided. Examples may include impacts on aircraft range, ability to operate at short airfields, impaired aircraft avionics, intermittent cabin communications and galley equipment. A rate of 25% shall be used to calculate PMC time for such components. PMC time impacts on Ao will be addressed in each semi-annual review by the COR. Components not providing 95% reliability shall be repaired or replaced by the Contractor.

iii. Example 1: If the Microwave Oven was inoperative on the LRCCA for a 24 hour period due to supply or maintenance issues, then PMC would be calculated as (24 hours x .25 = 6 hours). This value would be added to “downtime” in determination of Ao.

iv. Example 2: If multiple systems were not mission capable for the same time period, PMC would equal the applicable time not available. However, the calculated total PMC shall never exceed 100%.

g) Inability to Meet Required Availability Rates.

i. A 1.05% price reduction on the Contractor will be applied if the required availability rate is not met over the measured semi-annual period. The price reduction shall be included in the next invoice period after the contractor is notified by the Coast Guard of a failure to meet 95% availability. This formula will be applied on a linear scale and shall consider lost mission capability, cost of travel on commercial airlines, and lost executive work time. The data will be based only on officially- documented maintenance records and flight logs. The chart below is based upon an example annual lease price of $3,000,000 and will be adjusted at contract award to reflect 1.05% of the proposed lease price.

ii. Note 1: Data calculations continue at same rate below 90%.

PART II – CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

FAR/HSAR CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Also, the full text of the clause may be accessed electronically at this address: http://www.acquisition.gov/far/ or http://dhsconnect.dhs.gov/org/comp/mgmt/cpo/Documents/ch3052.html

The following is a summary of applicable FAR/HSAR clauses incorporated by reference:

COMMERCIAL ITEMS-(o) will be replaced with contractor

3052.242-72 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE. DEC-2003

FAR/HSAR CLAUSES INCORPORATED BY FULL TEXT

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html" \l "wp1084399"12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through HYPERLINK "http://www.acquisition.gov/" \t "_blank"http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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 HYPERLINK "http://uscode.house.gov/" \t "_blank"6 U.S.C. 395(b), applied in accordance with the rules and definitions of HYPERLINK "http://uscode.house.gov/" \t "_blank"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.

“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 (HYPERLINK "http://uscode.house.gov/" \t "_blank"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 HYPERLINK "http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20" \t "_blank"38 U.S.C. 101(2), with a disability that is service-connected, as defined in HYPERLINK "http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20" \t "_blank"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.

“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 HYPERLINK "http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20" \t "_blank"38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

“Women-owned small business concern” means a small business concern—

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

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

“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 posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through HYPERLINK "http://www.acquisition.gov/" \t "_blank"http://www.acquisition.gov. After reviewing the SAM 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 HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html" \l "wp1073667"4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (p) 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 o is, o 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) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $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) HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html" \l "wp1192900"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 HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html" \l "wp225048"Part 25.

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html" \l "wp1169038"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:

(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 HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html" \l "wp225048"Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html" \l "wp1169038"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. If Alternate II to the clause at FAR HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html" \l "wp1169038"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 HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html" \l "wp1169038"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 HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html" \l "wp1169151"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 HYPERLINK "https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html" \l "wp225048"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;

(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 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. §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…