M00264-12-R-0023.doc

Section SF 1449 - CONTINUATION SHEET

LABOR BASE

FFP

FOB: Destination

NET AMT

Cost

ODC BASE YEAR

COST

ESTIMATED COST

NET AMT

Cost

ESTIMATED COST

NET AMT

Cost

ESTIMATED COST

Option to Extend Service Clause

In accordance with para. M-1.5 Offeror Pricing in accordance with FAR 52.217-8.

NET AMT

SOW

STATEMENT OF WORK

AUDIOVISUAL MAINTENANCE CONTRACT

MCB QUANTICO, VA

1.0. SCOPE. The scope of this requirement is to provide operational on-site maintenance, repair services, equipment installation, engineering support services and AMX and Crestron programming/control support, to ensure uninterrupted, Closed Circuit Instructional Television System(s) and related audio/video/control systems equipment/components and presentation systems situated at the locations listed below aboard the Marine Corps Base (MCB) Quantico, VA, and organizations with Interservice Support Service Agreement (ISSA), Memorandum Of Agreement (MOA) or Memorandum Of Understanding (MOU). It shall be the contractor’s responsibility to monitor, troubleshoot, repair and replace all consumables. This will also include any and all video production, still photographic, graphic production, training support and computer electronic presentation systems and equipment. A Secret or Top Secret government security clearance may be required in some areas. Units are as follows:

1.1. National Museum of the Marine Corps (NMMC)

1.1.1. Full-time employee required.

1.2. Marine Corps University (MCU) to include:

1.2.1. Command and Staff College (CSC)

1.2.2. Expeditionary Warfare School (EWS)

1.2.3. Marine Corps War College (MCWC)

1.2.4. Staff Non-Commissioned Officers Academy (SNCOA)

1.2.5. MCU Headquarters

1.2.6. Breckinridge Hall Auditorium

1.2.7. Enlisted Professional Military Education (EPME)

1.3. Training Command (TECOM)

1.3.1. Officer Candidates School (OCS)

1.3.2. The Basic School (TBS)

1.3.3. Weapons Training Battalion (WTB)

1.3.4. Daily Hall

1.3.5. TECOM Headquarters Building

1.3.6. TECOM Trailer Annex

1.3.7. Marine Corps Warfighting Laboratory

1.3.8. Battle Staff Training Facility (BSTF)

1.4. Marine Corps Base (MCB)

1.4.1. MCCDC Headquarters Building Davis Building

1.4.2. MCB Headquarters Building Lejeune Hall

1.4.3. G-1 through G-7 facilities

1.4.4. Marathon Facility

1.4.5. Camp Upshur

1.4.6. Combat Visual Information Center (CVIC)

1.4.7. Ellis Hall

1.4.8. Other support requirements designated by COR

1.5. Command and Control Systems School (CCSS)

1.6. Marine Embassy Security Guard Battalion (MESG)

1.7. The Marsh Center (M&RA)

1.8. Marine Corps Information Operations Command (MCIOC)

1.8.1. On-site, full time Contractor required for this unit. Contractor personnel performing this part of the SOW MUST possess adjudicated eligibility for a Top Secret (TS) security clearance with access to Sensitive Compartmented Information (SCI). The Contractor is responsible for providing personnel with expertise in products and services of both a classified and unclassified nature. The contractor will provide replacement labor resources in the event that the contractor’s on-site resource is sick, on leave, or otherwise unavailable for work. Replacement personnel must be available and on-site within two (2) hours of notification of a vacancy or absence by the COR and must possess the necessary security clearances to perform the services required.

1.9. Marine Corps Network Operations Command (MCNOSC)

1.10. Marine Corps Intelligence Activity (MCIA)

1.11. Chemical/Biological Information (CBIRF)

2.0. GOVERNMENT RESPONSIBILITIES

2.1. The government shall monitor and maintain orders for this contract. The Government shall also evaluate all contractors and take any action if necessary.

3.0. CONTRACTOR RESPONSIBILITIES

3.1. MAINTENANCE SERVICES. The Contractor shall provide the test equipment which is capable of trouble-shooting/diagnosing malfunctions of the equipment/systems. The Contractor shall also have on hand the necessary hand tools and maintenance equipment, as required, at no additional charge to the Government. Quantities and types of equipment are subject to change as required to meet the needs of existing or new Marine Corps Base activities and/or tenants to replace obsolete or damaged equipment. The Contractor shall be prepared to upgrade or furnish, at no extra cost to the Government, dedicated test equipment and tools to provide continuing service for the actual equipment systems added to the Government’s inventory during the period of the contract. In the event the engineer/service technician does not perform satisfactorily, the Government will require a replacement. The nominated replacement must be approved by the Contracting Officer Representative (COR) before that replacement can begin work under the terms and conditions of this contract.

3.2. TRANSPORTATION. The transportation of equipment from current locations aboard the Marine Corps Base to a repair facility will be the responsibility of the contractor. The contractor shall provide a vehicle to transport equipment, either needing repair or having been repaired, to and from the repair facility adequate to protect the equipment properly.

3.3. PREVENTIVE MAINTENANCE. The Contractor shall perform preventive maintenance on all equipment at least quarterly, or In Accordance With (IAW) the schedule prescribed in the applicable technical manuals. Quarterly denotes preventive maintenance to be accomplished four times during the contract period, at three (3) month intervals. The Contractor shall ensure that all equipment has been calibrated annually IAW applicable technical manual specifications. Having completed annual calibration, the Contractor will provide a signed statement by the COR or an Alternate COR authorized to obligate the Contractor indicating all annual calibrations have been completed, and attach the statement to an appropriate invoice. Preventive Maintenance (PM) services shall include inspection of equipment for proper operation, minor operational adjustments and cleaning as required. PM of equipment at each site shall be accomplished IAW quarterly requirements.

3.4. EMERGENCY SERVICES. Emergency on-call services shall be provided, as required, to repair equipment in response to notification of equipment failure. During the normal eight (8) hour workday, such response shall be made within one (1) hour after notification of equipment failure. Any emergency repair notification that will require the performance of services beyond the normal eight (8) hour work day shall begin on the day of notification and be completed no later than four (4) hours into the next work day. The normal eight (8) hour work day is from 0800-1600.

3.5. REPAIR SEVICE. The Contractor shall provide repair service, as required, to return all equipment to the level of performance indicated as proper in the corresponding technical manual. The Contractor’s repair activities shall include appropriate diagnostic tests to determine malfunctions and perform repairs, as required. Equipment shall either be repaired in place or transported to the Contractor’s repair facility. The Contractor shall have the requirements for repairs validated by the Contracting Officer’s Representative (COR), under the following circumstances: when the equipment cannot be repaired in place, or at the on-site repair facility, and or prior to the purchase of any required parts. In addition, the Contractor shall sign a receipt for the equipment prior to removing the equipment from the Marine Corps Base. The receipt to be signed will be furnished by CVIC Supply Officer. The accountability procedures established by the Government for the control of the equipment moved from any location to the manufacturer’s facility until returned to its designated on-site location shall be strictly enforced.

3.6. COMMUNICATION EQUIPMENT. The Contractor shall provide, at his own expense, adequate communication equipment necessary to enable the Government to communicate with the Contractor whenever required. The communication equipment shall include, at a minimum, a commercial telephone line and remote access capability cellular or beeper for when the Contractor is away from (MCB), Quantico during normal working hours.

3.7. RECORD KEEPING. The Contractor shall be responsible for providing, maintaining and documenting a data base that shall include maintenance and lifecycle records for all equipment and shall include the following:

3.7.1. Equipment Repair Order, NAVMC 10234

3.7.2. Preventive Maintenance Roster, NAVMC 10561A

3.7.3. Preventive Maintenance Roster, Supplemental Sheet

3.7.4. NAVMC 10561

3.7.5. Equipment Repair Log

3.7.6. Limited Technical Inspection

3.7.7. Non-Ready for Issue (RFI) Report

3.7.8. Equipment Historical Folder (EHF)

3.7.9. Equipment historical folders and records shall be maintained on all equipment and documented IAW current Marine Corps Directives.

3.7. 10. These records may be compiled on a computer file. The files must be readily available for review during normal working hours.

3.7.11. Non-Ready for Issue (RFI) Reports shall be provided weekly to the COR.

3.8. ENGINEERING SERVICE. Contractor engineering service deliverables shall include the following: the design of distribution, transmission and reception subsystems, installation specifications, acceptance inspections and operations of ITV/CCTV and presentation systems/equipment. This effort shall also include design modifications and/or expansion of existing and new ITV/CCTV and presentation systems/equipment systems as well as solving problems associated with the existing ITV/CCTV and presentation systems/equipment, and any expansions or modifications in which cost is to be charged to the Government. The Contractor shall provide the materials and supplies necessary to perform installation, modification and/or other engineering/design/training services The Contractor shall provide assistance in training either in person, or by training manuals/DVD’s, Government personnel in the operation of new ITV and computer electronic presentation equipment that may be acquired by the Government during the term of this contract. This training service shall be furnished, on request, by the Contracting Officer’s Representative. The Contractor will provide all copyright protectable deliverables including, but not limited to, designs, drawings, and training items and materials, in accordance with DFARS Clause 252.227-7020 “Rights in Special Works”.The following Performance Requirements Summary provides standards for performance of work anticipated under this contract:

Provide updated information assurance and certification documentation required by any system architecture change.

100% Within 30 days of any software architecture change 100% inspection of all deliverables 100% inspection of all changes

Adequate and trained personnel to develop, configure, test and deploy all system components.

100% inspection

Adequate and trained personnel to maintain the systems and provide system upgrades and programming.

Provide help desk operations between the hours of 7:00 am and 9:00 pm EST.

Provide contingency planning for the audiovisual maintenance contract

Provide auCORated call tracking capability for all help desk calls.

Perform software/hardware error report resolution IAW the service level agreements outlined in the Presentation/Production Tier Help Desk Operations.

System availability is > 99% 100%

100%

Adequate plan based on industry standards.

100%

Meets resolution time > 95% Monthly Status Report 100% inspection

Performance metrics reporting

Contingency Plan

Random

Monthly Help Desk Report and random sampling

Track software/hardware change requests and provide monthly report.

Provide fully operational software/hardware customer organization based on COR and CCB priorities.

Design of distribution, transmission and reception subsystems, installation specifications.

Include design modifications and/or expansion of existing and new ITV/CCTV and presentation systems/equipment systems.

100% 100%

All known software/hardware defects from testing are mitigated prior to release.

Random Software/Hardware Change Request Report and random sampling

100% inspection and customer satisfaction measured via help desk reports

3.9. CONTRACTOR RESPONSIBILITIES WHILE ON A GOVERNMENT INSTALLATION. The Contractor shall provide each employee with and identification badge that identifies by photograph the individual as an employee of the Contractor. These badges will be presented for examination upon request from the Contracting Officer, COR, QA Personnel, Military Police, and any other Government official with a need to see the badge. The Contractor and his employees shall be subject to all traffic, security and registration regulations for personnel and vehicles. Copies of current regulations may be obtained from the Contracting Officer. Contractor employees must be clearly identifiable while on Government property by wearing appropriate Contractor furnished badges. Contractor employees are required to clearly identify themselves and the company they work for whenever making contact with Government personnel by telephone or other electronic means. Each contractor employee shall be required to obtain a government furnished Common Access Card (CAC).

3.9.1. In the event that equipment is under manufacturer’s warranty the contractor will perform all repairs using manufacturer supplied or purchased parts.

3.10. CONTRACTOR REQUIRMENTS FOR SUPPORT SERVICES/REPAIR PARTS PROVISIONING.

3.10.1 Inventories shall be maintained for common equipment failures, for parts requiring long lead times to acquire, and critical spare parts.

3.10.2 The Contractor shall establish and maintain inventory of repair parts for routine repair of the equipment. Inventory sheet to be provided to CDR on a monthly basis, to insure proper inventory.

3.10.3. The provision of spare parts include consumables/expendables (e.g., tape, solider, connectors, cable, mounts, splitters, etc.) required for maintenance repair, installations, modifications, and or/other engineering services. Any parts purchased by the contractor will remain property of the government.

3.10.4. Inventories shall be maintained for common equipment failures, for parts requiring long lead times to acquire, and critical spare parts.

3.10.5. The Contractor shall obtain parts not on hand or available from his normal supply source in the most expeditious manner.

3.10.6. Disposition of contractors stocks. Any and all inventory shall be returned to the government.

4.0. QUALITY ASSURANCE/CONTRACTING OFFICER’S REPRESENTATIVE RESPONSIBILITIES.

4.1. The Contractor Officer’s Representative shall provide technical assistance and instructions to the Contractor pertaining to proper documentation and maintenance records and conduct semi- annual and spot inspections quarterly of maintenance records, engineering services and repairs to ensure compliance with Marine Corps Base directives and quality/standards of workmanship. The Contractor shall provide the Contracting Officer’s Representative with technical documentation on any engineering service performed. This documentation shall include the description of work and schematic drawing of the installation of system. The Contracting Officer’s Representative will act as the primary point of contact for the Contractor and will prioritize all work assignments requiring Contractor service and shall provide items of equipment for installation, provide the Contracting Officer’s Representative a work plan for the following week and a list of work accomplished for the previous week. Interface between Government personnel and on-site technical between technical engineering support personnel shall be coordinated with or through the Contracting Officer’s Representative.

5.0. REQUIRED INSURANCE.

5.1. The following types of insurance are required (IAW) FAR Clause 52.228-5, and shall be maintained in the minimum amounts shown:

5.2. Workmen’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State that does not require or permit private insurance, then companies with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.00.

5.3. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000.00 per occurrence shall be required on the comprehensive for of policy.

5.4. Automobile Liability Insurance. This insurance shall be required on the comprehensive for of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage shall be required. Upon contract award, the contractor shall furnish to the Contracting Officer a certificate or written statement of insurance. The written statement of insurance must contain the following information: policy number, policy holder, carrier, amount of coverage, dates of effectiveness (i.e., performance period), and contract number. The contract number shall be citied on the certificate of insurance.

6.0. SECURITY. Contractor personnel performing paragraphs 1.8 and 1.10 in this SOW MUST possess adjudicated eligibility for a Top Secret (TS) security clearance with access to Sensitive Compartmented Information (SCI).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

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.

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 Online Representations and Certifications Application (ORCA) website.

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

[Offeror to identify the applicable paragraphs at (c) through (o) 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, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

(i) General. The offeror represents that either--

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

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

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

(List as necessary)

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

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

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

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

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

[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 Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American Act--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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, 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:

(List as necessary)

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

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

(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.

(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)…