HSHQDC-10-R-00003 AS POSTED.doc

HSHQDC-10-R-00003

Department of Homeland Security (DHS)

Office of Health Affairs (OHA)

Request for Proposal Number: HSHQDC-10-R-00003 For

Respirators for the DHS Pandemic Stockpile

SECTION I

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This acquisition is being conducted as a total Small Business set-aside in accordance with FAR 19.5.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is HSHQDC-10-R-00003. The solicitation is issued as a Request for Proposal (RFP) and the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-36. The North American Industry Classification System (NAICS) for this acquisition is 423450, Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers. The size standard is 100 employees.

SECTION II: SUPPLIES AND PRICE/COSTS

A. Pricing Schedule/Contract Line Item Numbers (CLINs)

FOB Destination

Base Period

FOB Destination

Option Period 1

FOB Destination

Option Period 2

FOB Destination

Option Period 3

FOB Destination

Option Period 4

B. Contract Minimums and Maximums

1. Minimum Guarantee: This is a multiple-award, Indefinite Quantity Indefinite Delivery (IDIQ) type contract. The minimum amount of each award is $500.00. The exercise of an option does not reestablish the contract minimum.

2. The specific products and quantities of respirators acquired under this IDIQ will be identified in separate CLINs on a delivery-order basis.

3. Maximum Contract Value: The total value of all delivery orders awarded under all contracts, including orders issued in option periods, shall not exceed $97,000,000.00.

C. Product Refresh In order to ensure that DHS has access under this contract to the full range of commercially-available product configurations and varieties, the contract may be modified to incorporate unit pricing for other variations of N95, N99, or N100 respirators, subject to the discretion of the Government. The incorporation of unit pricing for other variations of respirators will not result in an increase to the maximum contract value of the IDIQ.

D. Alternate Sources

The Government reserves the right to procure the same or similar supplies from alternate sources during the period of this contract.

SECTION III: DESCRIPTION OF REQUIREMENTS

A. Requiring Organization

Department of Homeland Security (DHS)

Office of Health Affairs (OHA)

1120 Vermont Ave, NW

Washington, DC 20005 B. Objective

To acquire devices which meet the technical capabilities of N95, N99, or N100 respirators in multiple configurations for the DHS Pandemic Stockpile to prepare for a potential pandemic.

C. Background

DHS was appropriated funding in accordance with PL 109-148 for the preparation, planning, and mitigation of a pandemic influenza. Subsequent events regarding the H1N1 influenza in Spring 2009 require additional stockpiling for DHS workforce.

The scope of this contract is for the buildup of the DHS Respirator Pandemic Stockpile. This includes N95, N99, and N100 respirators to be delivered to DHS’s multiple storage locations for the purpose of H1N1, avian influenza, and pandemic influenza preparedness for DHS personnel.

D. Technical Requirements

1. Device which meets the technical capability of N95, N99, or N100 respirators, as applicable

2. The N95 filtering facepiece respirators will be used in an occupational setting to comply with Title 29 Code of Federal Regulations (CFR) Part 1910.134, Respiratory Protection. Therefore, the respirators must be NIOSH-approved (National Institute for Occupational Safety and Health) in accordance with 42 CFR Part 84 for occupational use.

a. Cup-shaped with exhalation valve

b. Cup-shaped without exhalation valve

c. Flat fold with exhalation valve

d. Flat fold without exhalation valve

3. The N99 filtering facepiece respirators will be used in an occupational setting to comply with Title 29 Code of Federal Regulations (CFR) Part 1910.134, Respiratory Protection. Therefore, the respirators must be NIOSH-approved (National Institute for Occupational Safety and Health) in accordance with 42 CFR Part 84 for occupational use.

a. Cup-shaped with exhalation valve

b. Cup-shaped without exhalation valve

c. Flat fold without exhalation valve

4. The N100 filtering facepiece respirators will be used in an occupational setting to comply with Title 29 Code of Federal Regulations (CFR) Part 1910.134, Respiratory Protection. Therefore, the respirators must be NIOSH-approved (National Institute for Occupational Safety and Health) in accordance with 42 CFR Part 84 for occupational use.

a. Cup-shaped with exhalation valve

5. A supply of Surgical N95 filtering facepiece respirators are required that are also FDA-cleared for use in medical settings. The surgical N95 respirators must be NIOSH-approved for occupational use in accordance with 42 CFR Part 84 and FDA-cleared through 510(k) by the FDA as surgical masks and surgical apparel as defined under 21 CFR 878.4040.

a. Cup-shaped, Surgical N95

6. Product packaging – manufacturer’s recommendation

7. Product labeling – manufacturer’s standard labeling

E. Period of Performance/Ordering Period The period of performance includes a 12-month base and four (4) 12-month options.

F. Security

Reserved.

G. Place of Delivery

Places of delivery will be specifically identified in the resultant Delivery Orders; however, the locations are expected to be in the US and US Territories. Other delivery information includes:

1. All shipping is FOB – Destination

2. Bulk packaging – shrink wrapped, standard shipping pallet as appropriate (estimate 42 x 48 inch pallets preferred)

3. Bulk labeling – each pallet shall be clearly marked “DHS Pandemic Stockpile” on four sides for easy visibility as well as with the appropriate model number(s) for inventory management

4. Shipping to locations identified in the Delivery Order is the responsibility of the supplier

H. Invoicing and Proof of Delivery

1. The contractor shall maintain careful records of shipping and delivery and shall provide fully documented Proofs of Delivery (PODs) with all invoices. Each POD must be readable, must indicate date and quantity delivered, and must be signed by a federal employee to ensure ownership is taken by the government at the DHS storage location. Invoices must include the information identified below to be accepted. Invoices/PODs not properly prepared will not be accepted for payment.

a. Supplier name and address

b. DHS IDIQ Contract and Delivery Order numbers

c. Product name

d. Quantity invoiced, unit price and total price

e. Invoice Date

f. Payment terms per the Contract

g. Invoice-to address (see below)

h. Government-signed POD

2. Invoices shall be submitted per the instructions contained in each Delivery Order. A copy of the invoice shall be sent simultaneously to the Contracting Officer and Contracting Officer’s Technical Representative at their respective email addresses.

I. Ordering Procedures

1. This contract provides for the issuance of delivery orders in accordance with FAR 16.505 (b).

a. The Contracting Officer will provide each awardee a fair opportunity to be considered for each order exceeding $3,000.00 issued under the IDIQ except as provided for in FAR 16.505 (b)(2). When a Purchase Request is received identifying a requirement under this contract a Delivery Order Request For Proposal (DO-RFP) will be sent to each awardee, except as provided for in FAR 16.505 (b)(2). IDIQ awardees may offer item prices less than what is stated in the IDIQ.

Item prices may not exceed the price per item stated in the IDIQ. Each Delivery Order will be awarded based upon either Lowest Price Technically Acceptable or a Trade Off process depending upon the needs of the Government at the time the DO-RFP is issued. The DO-RFP will state the basis for award. If the Trade Off process is utilized the Vendor will be advised as to the specific evaluation criteria pertaining to that Delivery Order. The government will reserve the right to award Delivery Orders to multiple vendors.

b. Each Delivery Order (DO) will specify the following information:

i. Date of order

ii. Contract number and order number

iii. Contract item number, description, quantity and unit price

iv. Delivery date

v. Place of delivery

vi. Any packaging, packing, and shipping instructions

vii. Accounting and appropriation data

viii. Method of payment and payment office

c. The Contracting Officer may conduct negotiations to reach a mutually acceptable delivery schedule and/or total cost or price for the Delivery Order.

d. All Delivery Orders shall be executed by the contractor and a Contracting Officer.

2. Delivery Orders issued under this contract must be placed in writing.

3. This vehicle is available on a DHS wide basis to all contracting activities of the DHS. Any DHS Contracting Officer may issue orders under this contract subject to the limitations of their warrant and procurement office policies.

4. Delivery Orders placed under this IDIQ may be subject to the Defense Priorities and Allocations System (DPAS). In the event that a requirement under this IDIQ is subject to DPAS, FAR clause 52.211-15 will be unilaterally incorporated into the resulting Delivery Order or Delivery Orders.

J. Reporting Requirements

Contract Status Report - The contractor shall provide a Monthly Delivery Order Activity Report (Appendix 1), which documents the contractor’s Delivery Order awards and modifications received during the period to be reported. The report is due by the 15th calendar day of each month with activity of the previous month. (For example: The report due February 15th is to cover the activity – new Delivery Orders awarded and new modifications received - for the period January 1st through January 31st. If the 15th calendar day falls on a weekend or holiday, the report is due the following business day. If there is no activity during the reporting period, a “no activity” report shall be submitted.

The Monthly Delivery Order Activity Report shall be provided using the format in the Excel file entitled Appendix 1- Monthly Delivery Order Activity Report.

Additionally, the Contractor shall provide copies of all Delivery Orders, including Delivery Order modifications that have been issued within the monthly reporting period. For purposes of this requirement, a Delivery Order or Delivery Order modification will consist of the OF-347 or SF-30 and the SOW.

Monthly Delivery Order Activity Reports and copies of all basic Delivery Orders, including Delivery Order modifications, shall be provided in electronic format and emailed to the Contracting Officer and the COTR. The subject line of the email notice presenting the submission of the monthly report shall be annotated with – Delivery Order Number, Monthly Delivery Order Activity Report (state the month and year).

K. Advertisements, Publicizing Awards, and News Releases

All press releases or announcements about agency programs, projects, and contract awards need to be cleared by the Office of Health Affairs and the Contracting Officer at a minimum. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. This restriction does not apply to marketing materials developed for presentation to potential government customers of this contract vehicle.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

SECTION IV: CONTRACT TERMS AND CONDITIONS

A. The FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

B. The FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition including the additional FAR clauses referenced in the clause as follows: (a) 52.222-3, Convict Labor; (b) 52.222-19, Child Labor Cooperation with Authorities and Remedies; (c) 52.222-21, Prohibition of Segregated Facilities; (d) 52.222-26, Equal Opportunity; (e) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans; (f) 52.222-36, Affirmative Action for Workers with Disabilities; (g) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans; (h) 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration; (i) 52.247-34, FOB Destination; (j) 52.225-1, Buy American Act-Supplies.

C. The Federal Acquisition Regulation (FAR) clauses identified below also apply to this acquisition:

1. 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through twelve months thereafter, and for the duration of option periods should they be exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of a conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

2. 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 500 respirators, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of 6,000,000 respirators.

(2) Any order for a combination of items in excess of 6,000,000 respirators.

(3) A series of orders from the same ordering office within fifteen (15) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) Notwithstanding paragraph (b) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

3. 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after six months after the expiration of the ordering period.

4. 52.217-6 Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of supplies called for in the Schedule, up to 20% of the maximum, at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the delivery date specified in the order. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

5. 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

6. 52.219-6 Notice of Total Small Business Set-Aside (Jun 2003)

7. 52.219-14 Limitations on Subcontracting (Dec 1996)

8. 52.219-28 Post-Award Small Business Program Representation (Apr 2009)

9. 52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

10. 52.247-34 F.O.B. Destination (Nov 1991)

D. The Homeland Security Acquisition Regulation (HSAR) clauses identified below also apply to this acquisition:

1. 3052.242-71 Dissemination of Contract Information.

2. 3052-242-72 Contracting Officer’s Technical Representative.

E. Representations and Certifications

1. FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (Aug 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It is, is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It has, has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

[List as necessary]

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that 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, 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 Act—Free Trade Agreements–Israeli Trade Act.”

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

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, 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 Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(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. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

(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 $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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 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 for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

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

(2) Outside the United States.

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

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

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

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

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

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

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

(ii)…