Attachment_3_-_Provisions_and_Clauses_-_Amendment_01.pdf

Attachment 3

HTC711-15-R-R021

Amendment 01

Provisions and Clauses

USAFRICOM Ad Hoc Passenger Air Transportation Service-Short Term

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) 52.222-56 – Certification Regarding Trafficking in Persons Compliance Plan. (Mar 2015) 252.203-7005 – Representation Relating to Compensation of Former DoD Officials (Nov 2011) 252.215-7007– Notice of Intent to Resolicit (Jun 2012) 252.222-7007– Representation Regarding Combating Trafficking in Persons (Feb 2015)

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. Proposal 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. Note: a single side is considered a page.

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 Proposal (RFP) Information Sheet and Basic Eligibility (Attachment 1 to the solicitation). The Offeror shall provide Offeror’s Name and Address, Telephone number, Fax Number, e-mail address, Cage Code, Tax Identification Number, DUNS number, and Prompt Payment Discount, if applicable. Basic Eligibility: The offeror shall provide a Yes or No answer to the three questions. US Flag Preference: The Offeror shall identify their flag status as either US Flag or Foreign Flag.

B. If applicable, acknowledgement of any RFQ Amendments.

C. Any Certifications or Representations required by this RFQ.

b. Volume II – Technical Capability

1. Submission Requirements:

a) Subfactor 1: Technical Approach (Limited to 10 Pages):

i. If the offeror proposes a Gulfstream III aircraft then the offeror need only provide the following for their technical approach (i.e. Subfactor 1): 1) describe that the aircraft has seating for at least 10 passengers, and 2) describe that the aircraft can be reconfigured between cargo and passengers within 12 hours of notification.

ii. If the offeror proposes other than a Gulfstream III aircraft then the offeror shall submit documentation demonstrating the aircraft’s ability to comply with the PWS requirements, specifically requirements identified in Section 1.1 (Description of Services) of the PWS for their technical approach (i.e. Subfactor 1). Proposals that merely paraphrase the requirements of the Government’s PWS, or use such phrases as “will comply” or “standard techniques will be employed” may be considered unacceptable and may not be considered further. Provide any other relative supporting documentation or explanation clearly demonstrating how the capabilities of the proposed aircraft can meet or exceed the minimum requirements of the PWS. Provide appropriate performance charts with markings to demonstrating the proposed aircraft can meet or exceed the minimum requirements of the

PWS.

b) Subfactor 2: Type of Aircraft Chart: (No Page Limit) Offerors shall submit a completed Type of

Aircraft Chart (Attachment 5 to the solicitation) as part of their Technical Capability volume. Provide the following information for the proposed aircraft: Aircraft Make/Model and Variant, Aircraft Registration Number (Tail Number), Number of Passenger Seats, Empty Weight, Max Gross Take-Off Weight, Fuel Burn Rate, Range in GCSM with 10 pax/3000 lb ACL and Max ACL.

c) Subfactor 3: FAA Certification Documentation: (No Page Limit) Submit copies of the following: (1)

14 CFR Part 135 Operating Certificate and current 14 CFR Part 135 Operations specifications (Sections A and D). The aircraft offered or a similar type aircraft should be listed in Attachment 3 of the Operations Specification (as applicable). If you are operating under a foreign flag, provide the equivalent CAA certifications. (2) For US Flag carriers, provide Flight Standards District Office (FSDO) location, as well as, the point of contact to include phone number and E-Mail address for the FSDO Manager, Aviation Safety Inspector, Principal Maintenance Inspector (PMI) and Principal Operations Inspector (POI).

d) Subfactor 4: Aircraft Ownership: (No Page Limit) Proof of aircraft ownership, signed lease agreement or purchase agreement, or other agreement between the parties expressing intent to lease or purchase/sell aircraft that is binding upon both parties if a contract is awarded to the offeror. Examples of this might include a letter of intent to sell or purchase aircraft, or an option to lease or purchase.

Options to lease or purchase shall include a right of first refusal exercisable by the offeror. The submitted documentation must provide adequate assurance to the Government that each proposed aircraft will be available for the contract period of performance, should the Government make an award to the offeror.

e) Subfactor 5: Cyber Security: (No Page Limit) The offeror shall identify any specific NIST Special

Publication 800-53, Security and Privacy Controls for Federal Information Systems and Organizations, standard identified in Attachment 7 to the solicitation, that they do not intend to implement.

Specifically, the offeror shall explain how the required security control identified in the table at

Attachment 7 to the solicitation is not applicable, or how an alternative control or protective measure is used to achieve equivalent protections.

c. Volume III - Past Performance (Limited to 1 Page Per Reference and no More Than 3 References)

1. Submission Requirements: Offerors shall provide no more than three (3) past performance reference sheets (Attachment 10 to the solicitation) demonstrating 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 proposal submission, and which demonstrate demonstrates their ability to perform similar services for government or commercial entities equivalent in magnitude. The Government will perform an independent assessment of the references provided, to include any other past performance information the Government finds from other sources. Each past performance reference will be rated on an acceptable/unacceptable basis (see definitions below). These ratings will be based on information obtained from telephone calls and/or e-mails to points of contact listed on the reference, as well as sources of information obtained by the Contracting Officer. The offeror shall provide contract number and, if applicable, task order number, Contractor name, period of performance, CAGE code, Contract Type, Total dollar value, Primary POC and, if available, alternate POC name, address, telephone number and e-mail address. 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.

e. Volume IV - Price (No Page Limit)

1. Submission Requirements: This volume shall contain the completed CLIN Structure sheet

(Attachment 2 to the solicitation). The Offerors shall propose the mileage rates for CLINs 0001 and 0002 in the space provided. The Offerors shall then calculate the extended amount by multiplying the quantity by the unit price. The Offerors shall then add up the extended amounts for CLINs 0001, 0002, 0003 and 0004 and input the amount in the space provided next to the Total Extended Amount. For evaluation purposes, the Total Extended Amount is synonymous with the Total Evaluated Price (TEP).

(End of Provision Addendum)

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

FAR 52.212-2 is amended in its entirety as follows:

1. Proposal Evaluation:

a. This acquisition will be conducted as Lowest Price Technically Acceptable (LPTA) source selection in accordance with FAR 15.101-2 and USTRANSCOM source selection procedures. The objective of the source selection will be to select an offeror that represents the best value to the Government, price and other factors considered. The Government intends to evaluate proposals and award a contract without conducting discussions.

The Government reserves the right, however, to conduct discussions, written and/or oral, with offerors if it is determined to be in the Government’s best interest.

b. In addition to meeting all terms and conditions of the solicitation, offeror's proposal will be evaluated against the following evaluation criteria:

Basic Eligibility (Attachment 1): Prior to the technical and/or past performance evaluations being conducted, all proposals will first be evaluated to determine if they meet the basic eligibility requirements for award.

i. For question #1, if the offeror provides a “Yes” response for being the entity that will operate the aircraft, the Government will ensure the offerors response is consistent with other documents submitted with their proposal.

ii. For question #2, if the offeror provides a “Yes” response for being listed on the CARB approved DOD air carrier listing, the Government will verify with the AMC/A3B office that the offeror is indeed on the listing. In the event of a discrepancy between the response provided by the offeror and the listing, the listing maintained by the AMC/A3B office will take precedence.

iii. For question #3, if the offeror provides a “Yes” response for having 12-months of prior equivalent service, the Government may obtain a determination from the Commercial Airlift Review Board (CARB) regarding the offerors status. In the event of a discrepancy between the response provided by the offeror and the CARB, the CARB’s determination will take precedence.

If an offeror provides a “No” response to any of the three questions then the offeror will not be eligible for award and will not be further evaluated. If an offeror provides a “Yes” response to any of the three questions that the Government determines to be incorrect, then the offeror will not be eligible for award and will not be further evaluated.

US Flag Preference: All proposals that meet the basic eligibility requirements above will be assigned to one of the two categories listed below:

i. Category 1: Consists of US Flag carriers.

ii. Category 2: Consists of Foreign Flag Carriers.

Technical: Technical Proposal will be evaluated on an Acceptable or Unacceptable basis at the subfactor level. Offeror’s proposals must receive an Acceptable rating under all of the following technical subfactors in order to be considered for award:

Subfactor 1 - Technical Approach: Due to the numerous technical requirements in the PWS and the already known capabilities of the Gulfstream III airframe in meeting the PWS requirements, the evaluation of subfactor-1 Technical Approach, will depend on the type of aircraft proposed.

i. If a Gulfstream III airframe is proposed, to be rated acceptable, the offeror’s proposed technical approach must clearly describe 1) seating for at least 10 passengers,and 2) aircraft can be reconfigured between cargo and passengers within 12 hours of notification.

ii. If an aircraft other than a Gulfstream III is proposed, to be rated acceptable, the offeror’s proposed technical approach must clearly and effectively demonstrates the offeror’s ability to comply with the PWS requirements, specifically requirements identified in Section 1.1 (Description of Services) of the PWS.

Subfactor 2 - Type of Aircraft Chart: To be rated acceptable, the aircraft type chart must be properly filled out.

Subfactor 3 - FAA Certification Documentation: To be rated acceptable, the offeror’s FAA or

CAA Certification Documentation must be current and complete demonstrating their ability to comply with the FAA or CAA requirements of this solicitation. The proposed aircraft must be on the offeror’s OPS Spec at the time of proposal submission.

Subfactor 4 - Aircraft Ownership: To be rated acceptable, the offeror must provide proof they own the aircraft or in the case of a lease agreement, the offeror’s signed agreement for the aircraft must be current, binding upon both parties, and demonstrate their ability to provide aircraft available for the contract period of performance.

Subfactor 5 - Cyber Security: For any offeror-identified NIST standards that will not be implemented, to be rated acceptable, the offeror has explained how the required security control identified in the table at Attachment 7 is not applicable, or how an alternative control or protective measure is used to achieve equivalent protections. The offeror's explanation provides assurance that implementation of their information systems security without a specific control (or controls), or use of an equivalent control should be effective in protecting DoD information from unauthorized disclosure.

The offeror’s Technical Proposal will be assigned a rating of Acceptable or Unacceptable using the rating and descriptions outlined in the table below:

RATING DEFINITION

Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meet the requirements of the solicitation

Past Performance: To be considered relevant, offeror must demonstrate ability to perform similar services for government or commercial entities equivalent in magnitude of effort and complexities that this solicitation requires. The Offeror must receive an Acceptable rating to receive an award. This rating is based upon past performance information as follows:

RATING DEFINITION

Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.)

Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "Unknown" shall be considered "Acceptable.

“Past performance information shall be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases;

interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency.”

Price: The Government will conduct a price analysis to determine whether the proposed prices are fair and reasonable. This determination may be accomplished by one or more of the techniques set forth in FAR 15.404- 1(b)(2). The Contracting Officer will fully document the price evaluation.

i. The total evaluated price for each offeror will be established based on the total overall price for all CLINS.

ii. Adequate price competition is expected utilizing FAR Part 12 procedures; therefore, certified cost or pricing data will not be requested. However, should the Contracting Officer make a determination during the evaluation process that adequate price competition does not exist, other than certified cost or pricing information may be requested for evaluation purposes along with comparing proposed prices to other commercial prices paid or historical data to assist in negotiations and/or the price reasonableness determination.

c. Evaluation Process and Basis of Award. The Government intends to award one (1) Fixed Price IDIQ contract with a Fixed Price – Economic Price Adjustment (FP-EPA) CLIN and a Cost Reimbursables CLIN resulting from this solicitation. As this is a LPTA procedure, tradeoffs will not be permitted for the contract award and proposals will be evaluated for acceptability. First, the Government will evaluate all offeror’s Basic Eligibility (attachment 1 of the solicitation) by determining whether the box was appropriately marked “Yes” by the offeror. All proposals determined to have three “Yes” responses properly marked will proceed to the next step. All proposals to be marked or determined by the Government to have a “No” for any of the three questions of the Basic Eligibility will not proceed forward and will not be eligible for award. Next, the Government will categorize the proposals that meet the basic eligibility for award by Flag preference status. All Category 1 offerors Total Evaluated Price will be ranked from lowest to highest. Next, the Government will evaluate the lowest price Category 1 offeror’s technical approach and Past Performance as acceptable or unacceptable. If the lowest price Category 1 offeror’s technical approach and Past Performance are both acceptable, (1) is deemed responsible IAW FAR Part 9.1, (2) conforms to all required terms and conditions, award will be made to that offeror without further consideration or evaluation of other offerors. In the event the lowest price Category 1 offeror’s proposal is unacceptable, the next lowest-priced Category 1 offeror will be evaluated and the process will continue (in order by price) until the Government reaches a Category 1 offeror that has an acceptable technical and past performance rating, (1) is deemed responsible IAW FAR Part 9.1, (2) conforms to all required terms and conditions. In the event no Category 1 offerors are awardable, then all Category 2 offerors Total Evaluated Price will be ranked from lowest to highest. Next, the Government will evaluate the lowest price Category 2 offeror’s technical approach and Past Performance as acceptable or unacceptable. If the lowest price Category 2 offeror’s technical approach and Past Performance are both acceptable,

(1) is deemed responsible IAW FAR Part 9.1, (2) conforms to all required terms and conditions, award will be made to that offeror without further consideration or evaluation of any other offerors. In the event the lowest price Category 2 offeror’s proposal is unacceptable, the next lowest-priced Category 2 offeror will be evaluated and the process will continue (in order by price) until the Government reaches a Category 2 offeror that has an acceptable technical and past performance rating, (1) is deemed responsible IAW FAR Part 9.1, (2) conforms to all required terms and conditions.

(End of Provision Addendum)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR

2015) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) 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).

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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically 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 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 (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 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 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 to paragraphs (c)(8) and (9): 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) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(2) Foreign End Products:

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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

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 FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

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

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

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

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

Other End Products:

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

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

(1) The offeror and/or any of its principals ( ___ ) 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. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

Listed End Product Listed Countriesof 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 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.

(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)…