Atch_3_-_Provisions_and_Clauses.pdf

Attachment 3

Clauses and Provisions

HTC711-15-Q-D059

AMC Phased Array

The following provisions are applicable to this solicitation:

By Reference:

52.204-7 – System for Award Management (Jul 2013) 52.204-16 – Commercial and Government Entity Code Reporting (Nov 2014) 52.204-17 – Ownership or Control of Offeror (Nov 2014) 52.209-2 – Prohibition on Contracting with Inverted Domestic Corporations – Representation (Dec 2014) 52.212-1 – Instructions to Offerors – Commercial Items (Apr 2014) 52.212-2 – Evaluation – Commercial Items (Oct 2014) 52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certification (Dec 2012) 252.203-7005 – Representation Relating to Compensation of Former DoD Officials (Nov 2011) 252.239-7017 – Notice of Supply Chain Risk (Nov 2013)

Full Text:

Addendum to 52.212-1 -- Instructions to Offerors – Commercial Items (Apr 2014)

1. Submission Information: Offeror’s are to submit the following four volumes.

a. Volume I – Contract and Associated Information

b. Volume II – Technical Capability

c. Volume III – Past Performance

d. Volume IV – Price

2. Quote Format: Times New Roman 12 point font , with one inch margins on all sides shall be used except for figures, diagrams, tables, and charts where smaller is acceptable as long as it is readable. All page numbers shall be sequential throughout the volumes and at the bottom of each page. Each page shall identify the offeror in the upper right hand corner. Charts, attachments, etc., should be page numbered and may have additional identification such as a chart or attachment number.

3. Submission Requirements:

a. Volume I - Contract and Associated Information (No Page Limit)

1. Submission Requirements: The offeror shall provide the following:

A. Request for Quote (RFQ) Information Sheet (Attachment 1). Note: The Total Amount in the Contract Line Item Number (CLIN) Structure of the RFQ Information Sheet should match the total amounts identified in the Price Quote.

In the event of a discrepancy in pricing between the RFQ Information Sheet and the Price Quote, the Price Quote will be considered to represent the Offeror’s intent.

B. DD 254 – Offerors shall complete Block 6(a-c) of the DD Form 254

(Attachment 4).

C. Acknowledgement of any RFQ Amendments.

D. Any Certifications or Representations required by this RFQ.

E. Organizational Conflict of Interest (OCI) Mitigation Plan or statement of none.

(See paragraph 4).

b. Volume II – Technical Capability (shall not exceed 15 pages)

1. Submission Requirements: Offerors shall submit a Technical Capability volume to include their Technical and Staffing Approach. The following shall be submitted in the Technical Capability volume:

A. Subfactor One Technical: Offerors shall submit a quote which describes its technical approach for accomplishing the performance requirements of the Performance Work Statement (PWS).

B. Subfactor Two Staffing: Offerors are required to submit their staffing approach as reflected in a personnel matrix which identifies the personnel resources given the offeror’s approach to performing the PWS tasks. The matrix shall correlate each labor category by hours to each PWS task and sub-task (if applicable).

Offerors shall identify the necessary qualifications (education, experience, security, or special skills) it will require for each labor category it identifies to perform the intended PWS tasks. The number of annual hours used to represent one Full Time Equivalent (FTE) shall also be identified with the matrix.

i. Resource Related Discrepancies. In the event of a discrepancy between the labor categories and/or labor hours presented in the Technical Capability section of the quote, the labor categories and/or labor hours presented in Price Quote will be considered to represent the Offeror’s intent.

C. Teaming or Subcontracting Table (If applicable). If a teaming arrangement or subcontracting is contemplated, the proposal shall include information relating to workload distribution. A table shall be included identifying each teaming partner or subcontractor, each task area, the percentage of that task to be performed, and the size category of that business.

c. Volume III - Past Performance (2 Pages Per Reference)

1. Submission Requirements: Offerors shall provide no more than three (3) examples of Government or commercial contracts/work efforts which they consider relevant, which are currently being performed or were performed within the last 3 years of quote submission, and which demonstrate their ability to perform the work identified in the past performance areas identified below. The Government reserves the right to evaluate past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition. Offerors should provide a clear explanation of the relevancy of each example submitted; however, the Government will not be bound by those statements in making its own relevancy determinations as set out below.

2. Utilizing the Past Performance Reference Sheet (Attachment 5), Offerors are required to provide a Point of Contact for each of the areas provided below. Ensure you include the POC name, phone number and e-mail address, if available. Offerors should address all past performance areas noted below, note that each individual example does not need to reflect performance in all identified areas; however the Government will give greater consideration to references that reflect past performance in multiple areas. References shall cover performance in the following areas as it relates to the tasks identified in the PWS:

A. Experience in installing pRFID Phased Array systems using equipment similar to IMPINJ or RF Controls.

B. Experience with Real Time Locating Service (RTLS).

3. Past Performance Questionnaires (PPQ). Offerors are responsible for ensuring Past

Performance Questionnaires (Attachment 6) are provided to the appropriate POC for each of the Government or commercial contracts referenced. Utilizing the Past Performance Log (Attachment 7), Offerors are required to submit contact information for each contract used as a reference including the POC name, phone number, and e-mail address. Past Performance Questionnaires will be accepted for no more than the three references provided on the Past Performance Log.

4. Subcontractor consents (if applicable). Past performance information pertaining to a subcontractor cannot be disclosed to the prime Offeror without the subcontractor's consent. With your quote response, provide a letter from your principal subcontractor(s) that will perform major or critical aspects of the requirement consenting to the release of their past performance information to the prime contractor.

d. Volume IV - Price (No Page Limit)

1. Submission Requirements: This volume shall contain the RFQ Information Sheet and CLIN Structure (Attachment 1) and all backup documentation used to support the prices and any discounts offered. The Offeror shall insert its proposed estimated total price for each Contract Line Item Number (CLIN) in the space provided.

Offerors shall propose labor categories and hourly labor rates (exclusive of fees) for all labor categories that will or could be utilized for performance under this task order.

2. Offerors shall be advised that the submission of unrealistically high or low prices, submitted initially or subsequently, may be grounds for eliminating a proposal from competition either on the basis that the Offeror does not understand the requirement, or has submitted an unrealistic proposal.

4. Organizational Conflict of Interest (OCI): As required by FAR 9.5, the Government will ensure that no organizational conflicts of interest are present. If any such conflict of interest is found to exist, the Contracting Officer may disqualify the offeror or determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded.

Submission Requirements: The offeror shall provide the Contracting Officer with complete information of any previous or ongoing work that is in any way associated with the contemplated acquisition. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. If the offeror believes there is no OCI, a statement as such shall be acknowledged on the Offeror’s introductory document.

The Government will conduct an independent assessment review of any submitted offeror’s OCI Mitigation Plan to determine if any actual or perceived OCI exists. Additionally, the Government will monitor contract performance for emerging areas of conflict of interest and take action considered necessary to avoid, neutralize, or mitigate conflicts.

(End of Provision Addendum)

Addendum to 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

1. Proposal Evaluation:

a. Evaluation will be conducted in accordance with FAR Part 13.106-2, Evaluation of Quotations or Offers. FAR provision 52.212-2, Evaluation -- Commercial Items (Oct 2014), for the evaluation factors applicable to this requirement.

b. The Government intends to award one contract from this solicitation to the Offeror who is determined responsible in accordance with the Federal Acquisition Regulation, as supplemented, whose offer conforms to the solicitation requirements and is determined, based on the evaluation factors and subfactors to represent the best value to the Government. This may result in an award to a higher rated, higher priced Offeror, where the decision is consistent with the evaluation factors, and the Source Selection Authority reasonably determines that the benefits provided by a higher priced Offeror outweigh the price difference. However, the Government will not pay a price premium that it considers to be disproportionate to the benefits associated with the proposed margin of service superiority. By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors.

The Government will select the best offer based upon an integrated assessment of the evaluation criteria listed below. The Government reserves the right to award no contract, depending upon the quality of the quote(s) submitted and the availability of funds. The Government will utilize a source selection to determine the “best value” offer.

c. The Government may evaluate quotes and award a contract without conducting discussions. However, the Government reserves the right to conduct discussions, written and/or oral, with Offerors if determined to be in the Government’s best interest. Written quotes shall consist of individual sections for each evaluation criterion. The quote evaluations may result in the establishment of a “competitive range”. If the Contracting Officer determines that the number of quotes that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of quotes in the competitive range to the greatest number that will permit an efficient competition among the highly rated quotes.

Therefore, the Offeror’s quote should contain the Offeror’s best terms from a cost/price and technical standpoint.

d. The below factors and subfactors (identified below its respective factor) shall be used to evaluate offers. When combined, all non-price factors are approximately equal to Price.

1. Technical Capability A. Subfactor Technical B. Subfactor Staffing

2. Past Performance

3. Price

2. Evaluation Factors and Subfactors:

a. Factor 1 - Technical Acceptability

1. Subfactor Technical. Offeror submitted a sound approach for accomplishing the technical and development requirements of the PWS. The Offeror’s approach demonstrates how the Offeror will ensure timely accomplishment of all tasks, as described in the PWS. One of the color ratings in Table 1 will be assigned to the Technical subfactor. The Government may assign strengths, weaknesses, significant weaknesses, and deficiencies, as described in Table 2, to the Offeror’s Technical subfactor.

2. Subfactor Staffing. Offeror submitted a sound staffing plan as well as a staffing matrix, which identifies the personnel resources given the Offeror’s technical approach for performing the PWS requirements. The matrix correlates each labor category by hours to each PWS task and subtask (if applicable) utilizing the staffing matrix template. The Offeror’s Staffing Plan provides a realistic staffing approach and stable staffing with types and numbers of positions that are sufficient to ensure successful performance of the requirements based on the Offeror’s unique approach.

The number of annual hours used to represent one Full Time Equivalent (FTE) shall also be identified with the matrix. One of the color ratings in Table 1 will be assigned to the Staffing subfactor. The Government may assign strengths, weaknesses, significant weaknesses, and deficiencies, as described in Table 2, to the Offeror’s Staffing subfactor.

Table 1 Combined Technical & Staffing / Risk Ratings

Color Rating Description Blue Outstanding Quote meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Purple Good Quote meets requirements and indicates a thorough approach and understanding of the requirements. Quote contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Green Acceptable Quote meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Quote does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The quote has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Red Unacceptable Quote does not meet requirements and contains one or more deficiencies. Quote is unawardable.

Table 2

Strength An aspect of an Offeror’s quote that has merit or exceeds the specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness A flaw in the quote that increases the risk of unsuccessful contract performance.

Significant Weakness A flaw in the quote that appreciably increases the risk of unsuccessful contract performance.

Deficiency A material failure of a quote to meet a Government requirement or a combination of significant weaknesses in a quote that increases the risk of unsuccessful contract performance to an unacceptable level.

b. Factor 2 – Past Performance.

1. Recent (within the last three (3) years) past performance will be evaluated as a measure of the Government’s confidence in the Offeror’s and principal subcontractor’s ability to successfully perform based on previous and current contracts and work efforts. While Offerors should address all past performance areas noted below, each past performance area does not need to be reflected in a single reference; however, the Government will give greater consideration to references that reflect past performance in multiple areas.

2. The ratings in Table 3 will be used in evaluating the relevancy of each of the Offeror’s past performance. The relevancy of each effort will be considered in determining the overall confidence assessment rating for each Offeror.

TABLE 3

RATING DESCRIPTION

Very Relevant (VR) Present/Past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires

Relevant (R) Present/Past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires

Somewhat Relevant (SR) Present/Past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires

Not Relevant (NR) Present/Past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires

3. Past performance regarding predecessor companies or principal subcontractors that will perform major or critical aspects of this requirement will be weighted the same (equally as important) as the past performance information for the Offeror.

4. While the Government will consider past performance information on relevant projects performed for federal, state, and local governments as well as the commercial sector. Past performance conducted within the Department of Defense, and to a lesser extent Federal Government will receive greater consideration, when assigning a past performance confidence assessment rating, than those for work performed for commercial organizations.

5. Offerors may submit a maximum of three (3) Performance Information Sheets identifying active or completed (within the past three years) contracts, either Government or commercial, detailing experience with the following:

A. Experience in installing pRFID Phased Array systems using equipment similar to IMPINJ or RF Controls.

B. Experience with Real Time Locating Service (RTLS).

6. In conducting the performance evaluation, Offerors will be assigned one of the confidence assessment ratings described in Table 4. The rating represents an integrated assessment of (1) the prime Offeror’s recent and relevant performance;

and (2) the recent and relevant performance of any division(s), major subcontractor(s) and teaming partner(s) whose efforts will significantly influence performance of the contract. Offerors with no recent relevant past or present performance history shall receive an Unknown Confidence (Neutral), meaning the rating is treated neither favorably nor unfavorably.

TABLE 4

RATING DESCRIPTION

Substantial Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Limited Confidence the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence the Government has no expectation that the Offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral) No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

7. In addition to past performance information submitted by the Offeror, past performance information may be obtained through the (1) Past Performance Information Retrieval System (PPIRS), (2) Questionnaires tailored to the circumstances for this acquisition, and (3) other sources known to the Government.

c. Factor 3 – Price.

1. The Government will conduct a price analysis to determine whether the proposed prices are fair and reasonable.

2. The Government will determine if the quote reflects a clear understanding of the requirement and if it is consistent with the offeror’s Technical/Staffing approach considering the offeror’s established GSA rates, any discounts provided, level of effort, and labor mix.

3. Lastly the Government will determine whether or not the quote is competitive by comparing the quote against the IGCE and other quotes. Offerors shall be advised that the submission of unrealistically high or low prices, resulting from high or low labor hours and labor categories, may be grounds for elimination from the competition either on the basis that the Offeror does not understand the requirement or has submitted an unrealistic quote.

(End of Provision Addendum)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Mar 2015)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through 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 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

http://www.acquisition.gov/

“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 (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (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 is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

https://www.acquisition.gov/

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

(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.

(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

____ Black American.

___ Hispanic American.

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

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

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

___ Individual/concern, other than one of the preceding.

(d) 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) 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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

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

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

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—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—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—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III.

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

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

Other End Products

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

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

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

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

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

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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 appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

§362 (the Bankruptcy Code).

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

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

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

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

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

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

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

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards.