M67854-13-Q-4423_ESRI_ARCGIS.docx

M67854-13-Q-4423

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

M9545000RC04578

2. CONTRACT NO.

4. ORDER NUMBER

5. SOLICITATION NUMBER

M67854-13-Q-4423

6. SOLICITATION ISSUE DATE

17 July 2013

7. FOR SOLICITATION INFORMATION CALL:

a. NAME Michelle Etienne

8. TELEPHONE NUMBER

OFFER DUE DATE/

29 July 2013 @10:00am

COMMANDER

MARINE CORPS SYSTEMS COMMAND, PM NMCI/IT

2200 LESTER STREET

QUANTICO, VA 22134-5010

POC: Michelle Etienne Email: michelle.etienne@usmc.mil

|X|SMALL BUSINESS

|_|SMALL DISADV. BUSINESS

|X| 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) DO

|_| 8(A)

13b. RATING A7

SEE SCHEDULE

SEE BLOCK #9

17a. CONTRACTOR/

OFFEROR

CODE

Enter company name, address, POC name and e-mail, CAGE code, DUNS number, TIN number and phone and fax numbers

DFAS - COLUMBUS CENTER

MARINE CORPS

P.O. BOX 369022

COLUMBUS, OH 43218-9022

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SCHEDULE

DFAS: REMIT TO PER INVOICE

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATED SIGNED

31b NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

39.S/R VOUCHER NUMBER

40. PAID BY

42.a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42b. RECEIVED AT (Location)

42.c DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95)

Prescribed by GSA - FAR (48 CFR) 53.

SCHEDULE:

(ORDER #YILL8AYYK) UNCLASSIFIED - FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

Configuration/Shipping Address ArcGIS Network Analyst Concurrent Use License V10.0

TAMCN: N/A NSN: N/A

Program Name: ITI

Phone# & Email Address System

TAMCN

TRAFFIC MANAGEMEN OFFICER MCCDC

MCB 2009 ZEILIN RD.

Quantico,VA,USA,2213 ATTN: Richard Ekvall Phone:7037846155 Email:

rekvall@mcia.osis.gov

T SUITE

ESRI ArcGIS 3D Analyst Concurrent Use License V10.0 Includes: Base year of 12 months Maintenance with technical support and software updates.

PN: GIS0300

Qty 12

V10.0

ESRI ArcGIS Spatial Analyst Concurrent Use License V10.0 Includes: Base year of 12 months Maintenance with technical support and software updates.

PN: GIS0400

Qty 12

ArcGIS Tracking Analyst Concurrent Use License V10.0 Includes: Base year of 12 months Maintenance with technical support and software updates.

PN: GIS1000

Qty 12

ArcGIS Network Analyst Concurrent Use License V10.0 Includes: Base year of 12 months Maintenance with technical support and software updates.

PN: GIS1800

Qty 12

Option Year 1 GIS0300MP - ArcGIS 3D Analyst Concurrent Use Primary Maintenance Optional Year 1

GIS0300MP - ArcGIS 3D Analyst Concurrent Use Primary Maintenance Optional Year 1 12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 1 GIS0300MS - ArcGIS 3D Analyst Concurrent Use Secondary Maintenance - GIS0300MP - Optional Year 1

GIS0300MS - ArcGIS 3D Analyst Concurrent Use Secondary Maintenance - GIS0300MP - Optional Year 1

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 1 GIS0400MP - ArcGIS Spatial Analyst Concurrent Use Primary Maintenance GIS0300MP - Optional Year 1

GIS0400MP - ArcGIS Spatial Analyst Concurrent Use Primary Maintenance GIS0300MP - Optional Year 1

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 1 GIS0400MS - ArcGIS Spatial Analyst Concurrent Use Secondary Maintenance Optional Year 1

GIS0400MS - ArcGIS Spatial Analyst Concurrent Use

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 1 GIS1000MP - ArcGIS Tracking Analyst Concurrent Use Primary Maintenance Optional Year 1

GIS1000MP - ArcGIS Tracking Analyst Concurrent Use

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 1 GIS1000MS - ArcGIS Tracking Analyst Concurrent Use

GIS1000MS - ArcGIS Tracking Analyst Concurrent Use

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 1 GIS1800MP - ArcGIS Network Analyst Concurrent Use

GIS1800MP - ArcGIS Network Analyst Concurrent Use

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 1 GIS1800MS - ArcGIS Network Analyst Concurrent Use

GIS1800MS - ArcGIS Network Analyst Concurrent Use

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 2

GIS0300MP - ArcGIS 3D Analyst Concurrent Use Primary Maintenance Optional Year 2

GIS0300MP - ArcGIS 3D Analyst Concurrent Use Primary Maintenance Optional Year 2

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 2 GIS0300MS - ArcGIS 3D Analyst Concurrent Use Secondary Maintenance GIS0300MP - Optional Year 2

GIS0300MS - ArcGIS 3D Analyst Concurrent Use Secondary Maintenance GIS0300MP - Optional Year 2

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 2 GIS0400MP - ArcGIS Spatial Analyst Concurrent Use Primary Maintenance GIS0300MP - Optional Year 2

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 2 GIS0400MS - ArcGIS Spatial Analyst Concurrent Use Secondary Maintenance Optional Year 2

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 2 GIS1000MP - ArcGIS Tracking Analyst Concurrent Use Primary Maintenance Optional Year 2

GIS1000MP - ArcGIS Tracking Analyst Concurrent Use

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 2 GIS1000MS - ArcGIS Tracking Analyst Concurrent Use

GIS1000MS - ArcGIS Tracking Analyst Concurrent Use

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 2 GIS1800MP - ArcGIS Network Analyst Concurrent Use

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 2 GIS1800Mp - ArcGIS Network Analyst Concurrent Use Secondary Maintenance Optional Year 2

GIS1800Mp - ArcGIS Network Analyst Concurrent Use

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 3 GIS0300MP - ArcGIS 3D Analyst Concurrent Use Primary Maintenance Optional Year 3

GIS0300MP - ArcGIS 3D Analyst Concurrent Use Primary Maintenance Optional Year 3

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 3 GIS0300MS - ArcGIS 3D Analyst Concurrent Use Secondary Maintenance GIS0300MP - Optional Year 3

GIS0300MS - ArcGIS 3D Analyst Concurrent Use Secondary Maintenance GIS0300MP - Optional Year 3

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 3 GIS0400MP - ArcGIS Spatial Analyst Concurrent Use Primary Maintenance GIS0300MP - Optional Year 3

GIS0400MP - ArcGIS Spatial Analyst Concurrent Use Primary Maintenance GIS0300MP - Optional Year 3

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Option Year 3 GIS0400MS - ArcGIS Spatial Analyst Concurrent Use Secondary Maintenance Optional Year 3

Secondary Maintenance Optional Year 3

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 3 GIS1000MP - ArcGIS Tracking Analyst Concurrent Use Primary Maintenance Optional Year 3

GIS1000MP - ArcGIS Tracking Analyst Concurrent Use Primary Maintenance Optional Year 3

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 3 GIS1000MS - ArcGIS Tracking Analyst Concurrent Use Secondary Maintenance Optional Year 3

GIS1000MS - ArcGIS Tracking Analyst Concurrent Use Secondary Maintenance Optional Year 3

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Option Year 3 GIS1800MP - ArcGIS Network Analyst Concurrent Use Primary Maintenance Optional Year 3

Primary Maintenance Optional Year 3

Option Year 3 GIS1800MS - ArcGIS Network Analyst Concurrent Use Secondary Maintenance Optional Year 3

GIS1800MS - ArcGIS Network Analyst Concurrent Use Secondary Maintenance Optional Year 3

12 Months maintenance from the beginning of contract award.

Vendor will provide toll free number for support.

Maintenance including technical support and software updates.

-Options to be exercised at the discretion of the Government.

Total:

Delivery date: 30 days ARO

INSTRUCTIONS TO VENDORS:

The United States Marine Corps Systems Command (MCSC), 2200 Lester Street, Quantico, Virginia 22134 intends to procure Brand Name ESRI ARCGIS Concurrent Use Licences and Maintenance.

All items quoted must be new. All items quoted must be Trade Agreement Act compliant.

Award shall be made to responsive and responsible offeror who has the lowest price and is technically acceptable. Requests having multiple line items shall be analyzed by the total cost of the quote and not by individual item.

The United States Marine Corps requests a 30-day delivery. If vendors are unable to achieve this delivery request, they are to provide the earliest delivery date when submitting their quote.

Please submit the Marine Corps RFQ SF1449 attached to this request to the Contract Specialists name under block 7a. Block 17a should be completed with company name, address, POC and email, CAGE Code, DUNS number, TIN number and phone and fax numbers. Page(s) 2 and 3 Schedule of Supplies and Services, Unit and Extended Price shall be filled in and total at the bottom. Failure to follow directions could cause the offerors quote to be non-responsive. No other form of quotation will be accepted.

Block 30a of your RFQ must be signed or the RFQ will be considered non-responsive.

SUBMIT YOUR RFQ RESPONSES NO LATER THAN 29 July 2013 AT 10 A.M., EST.

Questions will not be accepted by phone and shall be emailed to: michelle.etienne@usmc.mil no later than 22 July 2013 AT 10 A.M., EST

CLAUSES INCORPORATED BY REFERENCE:

CLAUSES BY FULL TEXT

52.212-2 Evaluation—Commercial Items.

Evaluation—Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest priced technically acceptable quote with acceptable past performance. In that this is a “Brand Name or Equal” RFQ, the government’s evaluation of an offeror’s technical acceptability will include an evaluation of the ability of an “or equal” product to meet the salient physical, functional, and/or performance characteristics specified in this RFQ. Vendors are responsible for adequately demonstrating, at time of offer submission, that all offered products are (a) the brand name item and/or (b) meet the salient characteristics. While an offeror may propose a mix of brand name and “equal” items, this RFQ requests a complete solution; therefore, offerors are on notice that any offer of a product(s) that the Government determines is NOT “equal” will render the entire response as technically unacceptable. Partial awards will not be made.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of clause) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

Offeror Representations and Certifications -- Commercial Items (Apr 2011) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (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” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: _________.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns 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) Representations required to implement provisions of Executive Order 11246 --

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

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

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

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

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

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

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

(f) Buy American 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 or Moroccan End Products) or Israeli End Products:

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

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

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

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

Other End Products

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

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

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

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

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

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

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

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

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

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

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

(1) Listed End Product

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

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

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

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

(2) [_] Outside the United States.

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

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

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

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

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

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

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

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

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

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l)…