ALTERATION_SOL.doc

Section SF 1449 - CONTINUATION SHEET

BPA TERMS AND CONDITIONS

BLANKET PURCHASE AGREEMENT TERMS AND CONDITIONS

A. DESCRIPTION OF AGREEMENT

Pursuant to the Federal Acquisition Streamlining Act, the United States Marine Corps (USMC) is entering into a cooperative agreement to further reduce the administrative costs of acquiring a repetitive need for a commercial supply. This Blanket Purchase Agreement (BPA) will further decrease cost, reduce paperwork and avoid the writing of numerous purchase orders. The end result is to create a purchasing mechanism for Government that works better and cost less, while achieving greater acquisition efficiency.

(a) The Contractor shall furnish services, if and when requested by the Contracting Officer or his/her authorized representatives during the period specified in the paragraph below entitled “Effective Period”. Purchases (which may be referred to as calls) shall reference this agreement. Such calls shall include a description of the supplies or services being ordered; prices therefore; delivery schedule.

(b) Services will be identified on individual calls issued in accordance with paragraph (a) above. Services purchased under this agreement shall be limited to the products/service list and to be determined per call.

B. BPA TERMS AND CONDITIONS

1. DESCRIPTION OF AGREEMENT

The Offeror agrees to the following terms of a Blanket Purchase Agreement (BPA) with the USMC, all calls placed against this BPA are subject to the terms and conditions of the Agreement. The Order of precedence for resolving any inconsistency between the BPA and the Agreement terms shall be as specified in the Agreement Commercial Item clause, FAR 52.212-4 SPECIFIED IN FAR 12.302, AS REQUIRED BY Federal Law, shall prevail over any terms of the BPA.

2. EXTENT OF OBLIGATION

The Government is obligated only to the extent of AUTHORIZED CALLS actually placed against this Blanket Purchase Agreement by Contracting Officers.

3. FUNDS OBLIGATION

A BPA does NOT obligate any funds. Funds will be obligated on each authorized call executed by a Regional Contracting Office, Contracting Officer.

4. BPA PERIOD OF PERFORMANCE

The ordering period will be for 5 years from 01 October 2013. The BPA will be reviewed annually in accordance with FAR 13.303-6 Review Procedures.

5. PRICING

Prices shall not escalate during the term of the BPA. Spot discounting is encouraged. The price will be reviewed annually, or as required to determine whether an adjustment is appropriate. If at any time during the period of performance there is a price change, or new item added, a new price list must be submitted ordering period.

Please allow for up to 30 calendar day grace period between submissions of the new price list, if any, Contracting Officer consideration. New pricing will not be honored until the BPA is modified and fully executed by the Contracting Officer.

6. MOST FAVORED CUSTOMER PRICES – PRICE REDUCTION

The prices under the BPA shall be at least as low as the prices that the Offeror has under any other contract instrument under like terms and conditions. If at any time the prices under any other contract instrument become lower than the prices in this BPA, this BPA will be modified to include the lower price.

7. CALL LIMITATION

Call Limitation will be established upon award of BPA.

C. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS AND DOLLAR LIMITATIONS.

1. Only the Contracting Officers in the Regional Contracting Office, National Capital Region will be authorized to place individual calls up to the noted call limitations.

NOTICE TO GOVERNMENT PERSONNEL:

This blanket purchase agreement permits government employees, specifically authorized, to place calls against it. THIS MUST BE STRICTLY ADHERED TO.

Persons authorized to place calls are specifically prohibited from receiving, inspecting and/or accepting any material delivered as a result of a call placed by that individual. Any violation of this paragraph may result in immediate revocation of call authority.

Any material delivered pursuant to a call made by an unauthorized person may result in the return, at the supplier’s expense, of the supplies so delivered. Acceptance of calls shall be the sole responsibility of the supplier and may result in the non-payment for deliveries made as well as possible cancellation of this agreement.

2. DELIVERY TICKETS/CALL ORDERS

All shipments under this agreement shall be accompanied by delivery tickets or sales slips which shall contain the following minimum information:

a) Name of Contractor

b) Blanket Purchase Agreement Number

c) Call Order Number

d) Date of Services performed

e) Itemized list of supplies or services furnished

f) Quantity, unit price with applicable discounts, item description

g) Date of Delivery

h) Name of individual who placed the call

i) Total price

Upon delivery, it is the responsibility of the receiving activity to electronically submit to DFAS through WAWF-RA the DD-250, receipt/inspection and acceptance of supplies and /or services. Electronic submission shall be initiated no later than 7 days after receipt of invoice.

For further explanation refer to the following websites:

https://wawf.eb.mil http://www.marcorsyscom.usmc.mil/sies/pa/receipts.asp

4. TIME AND PLACE OF DELIVERY / FOB DESTINATION

Delivery Schedule. To be addressed on the individual call orders issued hereunder. The time of delivery/performance of services shall be established at the time each call is placed. All deliveries, except as provided below, shall be made FOB Destination, all transportation charges paid by the supplier, to the destination specified in the call.

5. NO PARTIAL SHIPMENT WILL BE ACCEPTED

Unless specifically authorized by the Contracting Officer prior to the order actually being placed.

Failure of a Contractor to comply with delivery time or shipping instruction on a repetitive basis may result in the cancellation of this agreement. If, for any reason, a vendor determines that he/she is unable to supply the services on an individual call number within the required delivery time, he should immediately notify the individual who placed the call.

6. SUSPENSION

There may be occasions where the government may suspend ordering. If a suspension is announced, the Contractor shall adhere to this suspension by not accepting/processing services for the suspended call.

D. ORDERING

· Call Orders. Delivery requirements and administration will be stipulated on call orders. Orders are prepared by a duly warranted Government Contracting Officer in accordance with the terms and conditions of this BPA. Orders will be placed on an authorized form such as a Department of Defense (DD) Form 1155 or BPA Call.

E. INVOICING AND PAYMENT/BILLING PERIOD

Invoicing. See “Delivery Tickets” and “Ordering” of the BPA for invoicing instructions.

Precedence. The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of the BPA and the Contractor’s invoice, the provisions of the BPA will take precedence.

The contractor shall invoice after each call.

F. BPA MANAGEMENT AND OVERSIGHT

The Contractor must assign a centralized administration naming an individual to act as a primary point of contact, in support of all work performed under this BPA. Upon award the government will provide an activity point of contact to support all work performed under this BPA, at a minimum, is required to participate in annual reviews of the services to ensure accordance to contract terms and conditions.

Records; The Contractor will be required to maintain archival copies of all orders, invoices, etc... for the life of the BPA. Copies shall be made available to the Government upon request.

PRICE LIST

PWS

Performance Work Statement for

Alterations

1. Scope

1.1. The scope of this requirement is to provide necessary labor and materials for alterations of uniform clothing which shall include supplies and equipment for the Military Clothing Sales Store, Building 2011, Marine Corps Combat Development Command (MCCDC), Quantico, VA 22134.

1.2. All alterations made under a contract resulting from this solicitation shall be performed in accordance with the provisions of the current or future revisions of Marine Uniform Regulation Marine Corps Order (MCO) P1020.34F, the Marine Corps Individual Clothing Regulations Manual (TM10120-1515/1) and all work shall be performed in a good professional workmanship manner. (Copies of the referenced manuals are available for inspection at the issuing office).

2. Contractor Tasks

2.1. The Contractor shall provide all necessary labor and materials for alterations of Military Uniform Clothing.

2.2. Alterations are authorized only when accompanied by a Clothing Alteration Form (to be provided with each BPA call), which has been issued and approved by the Contracting Officer’s Representative (COR).

2.3. The Contractor shall perform alterations on-site. In the event the Contractor cannot complete the work during normal working hours of the Clothing Sales Store (10:00 AM through 3:00 PM Monday through Friday), the Contractor shall be required to transport garments to the Contractors place of business to complete the work in order to meet the required delivery schedule.

2.4. The Contractor shall be responsible for measuring individuals as required. The garments may be pre-marked; however, the Contractor shall be responsible for the accuracy of measurements of each individuals measurement.

2.5. Additional fittings and alterations may be required of the Contractor if individual circumstances so warrant.

2.6. All altered garments shall have a rub-off pressing to ensure proper fit.

2.7. With the exception of sewing name tapes on camouflage utilities, finished work shall be returned within 10 working days from receipt of the clothing to the Clothing Sales Store or to a specific locations as may be directed by the COR.

2.8. The sewing of the name tapes must be accomplished within five (5) working days and be returned to the Military Clothing Sales Store. All delivery points will be located within the boundaries of MCCDC, Quantico, VA. If any Command, Company outside Marine Corps Base Quantico are having alternations done, everyone will come to Quantico to pick up merchandise. No merchandise will be delivered.

2.9. When uniform alterations are required, the Contractor will complete a Marine Corps Base (MCB) Form 10120/1, Uniform Alterations Authorization Form. At the end of each business day, the forms shall be turned in to the Military Clothing Sales Store Staff. The Contractor will obtain this form from the Military Clothing Sales Store.

2.10. IMPORTANT NOTICE WITH REGARD TO COATS – All alterations to coats are to include alterations of lining when necessary. All alterations are to be done so that the original intended appearance of the garment is not changed.

2.11. The Contractor shall maintain the clothing covered under this contract on a clothing rack, separate from other clothing to enable the COR to make periodic inspections of the clothing being altered under this contract.

3. Defects

3.1. All garments that are rejected as unsatisfactory by the COR shall be re-altered as many times as required in order to meet the specifications, and shall be at no additional cost to the Government.

3.2. Alterations and any subsequent re-alterations chargeable to the Government, combined, shall not exceed 50% of the original garment cost without approval from the COR or the Contracting Officer.

3.3. Re-alterations through no fault of the Government shall not be chargeable to the Government.

4. Materials, Equipment, and Supplies

4.1. All materials and supplies (e.g. thread, facing material, binding material, hem tape, zippers, interlining, etc.) used to alter garments shall be of the same kind and quality required by the federal and/or military specifications applicable, to those garments requiring alterations services. At no time will any material and/or supplies be used which deviate from the original intended design, appearance, or standards required by the Marine Corps.

4.2. The Contractor is required to furnish all materials and/or supplies in the performance of the contract EXCEPT for the items listed below:

(a) All buttons (including snaps)

(b) Non-Commissioned Officer (NCO) Stripes

(c) Chevrons

(d) Service Stripes

(e) Name Tags

4.3. The Contractor shall be required to have equipment installed and all required material and personnel available and capable of performing all services required under this contract no later than 10:00 AM, 1 October 2013. Any offer contingent upon the availability of equipment, material, or personnel, the Contractor’s offer shall be rejected as non-responsible. No reduction in operational capability due to Contractor transitions will be allowed.

4.4. In instances of equipment malfunction during the period of performance of this contract, the Contractor must have replacement equipment within 48 hours.

5. Contractor Responsibilities

5.1. The Contractor shall be held responsible for all clothing lost or damaged while in his possession. the Contractor shall reimburse the customer for repair of damaged clothing, or replacement of lost clothing, at the customer’s discretion.

6. Place of Performance

6.1. The Government will provide adequate workspace within Building 2011 for the performance of this contract.

6.2. All measurements and fittings required to perform operations will be done in Building 2011.

6.3. Workspace will be made available to the Contractor at “No Cost.” Telephones are not considered utilities and will not be provided. The Contractor may obtain and maintain telephone service at his own expense.

7. Contractor Personnel

7.1. The Contractor shall be required to provide continuous and uninterrupted tailoring services during any scheduled clothing appointment. In the event that the Contractor’s employees require breaks, or rest periods, during a scheduled clothing appointment, the Contractor shall devise a system, which provides uninterrupted tailoring service.

7.2. The Contractor is specifically prohibited from hiring active duty military personnel to perform work under this contract. Further, all employees of the Contractor employed in the performance of work under this contract shall be employees of the Contractor at all times and not of the Government.

8. Hours of Operation

8.1. The Contractor shall be available for alteration services during the peak operational hours of the Retail Clothing Outlet, which are 10:00 AM and 3:00 PM Monday through Friday, except for federal holidays or official base closings.

9. Authority of Government Personnel

9.1. The Contracting Officer is the only person who can legally modify a resulting contract or obligate the Government for expenditure of funds. Costs shall not be incurred by recipients of the solicitation in anticipation of receiving direct reimbursement from the Government.

9.2. Only the Contracting Officer has the authority to authorized deviation from the terms and conditions of any resulting contract, including deviations from specifications and requirements. In the event the Contractor does deviate, without written approval from the Contracting Officer, such deviations shall be at the risk of,and any cost related thereto shall be borne by the Contractor. Any matter concerning a change to the scope, prices/costs, terms, or conditions of this contract shall be referred to the Contracting Officer.

10. Working on a Government Installation

10.1. The Contractor shall provide each employee with an identification badge, which identifies, by photograph, the individual as an employee of the Contractor. These badges shall be worn at all times and presented for examination upon request from the Contracting Officer, COR, QA Personnel, Military Police, or any other Government Official with a need to see the badge.

10.2. The Contractor and his employees shall be subject to all traffic, security, and registration regulations for personnel and vehicles, to include Marine Corps Base Order (MCBO) 4200.3 “Contractor Screening Policy”. Copies of current regulations may be obtained from the Contracting Officer.

10.3. All Contractor personnel attending meetings, answering Government telephones, working on site, where their Contractor status is now known to third parties, must identify themselves as Contractors, to include wearing ID badges, which identify them as Contractor personnel. Contractor personnel shall also ensure that when logged onto Government equipment that their profile shows them as Contractor personnel. Unless otherwise directed by the COR, all documents produced or revised by Contractors or developed through Contractor participation must be marked as “Contractor generated documents” or otherwise identified in a manner that discloses the Contractor’s participation.

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 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, 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 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, Panamanian, 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, 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 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 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 Act--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:

(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) 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) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

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

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

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

(iii) The compensation (wage and fringe benefits) plan…