N0040618Q0070_N00406-18-Q-0070.docx

N0040618Q0070

Section SF 30 - BLOCK 14 CONTINUATION PAGE

NOTICE TO OFFERORS

1. QUESTIONS: All questions regarding this solicitation should be submitted in writing to the Contract Specialist, Cari Burnham, at email: cari.burnham@navy.mil.

2. INTENDED USE OF SUPPLIES: In support of SRF-JRMC Yokosuka, Japan.

3. EVALUATIONS: Proposals will be evaluated in accordance with paragraph entitled “Lowest Price Technically Acceptable (LPTA)”. Ensure your proposal is submitted in accordance with paragraph entitled “Proposal Submittal Requirements (LPTA)”.

4. SOLICITATION: The entire completed and signed solicitation shall be returned as part of your offer.

5. NEGOTIATED ON A SOLE SOURCE BASIS: This requirement shall be negotiated on a sole source basis with IHS Global, Inc. per FAR 6.302. Interested persons may identify their interest and capability to respond to the requirement or submit proposals prior to offer due date, which will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. A determination not to compete this action based upon responses received to this notice is solely within the discretion of the Government.

Section SF 1449 - CONTINUATION SHEET

Government Documents

FFP

To be provided in accordance with Performance Work Statement - 3.1.

Contractor to provide a minimum of three (3) concurrent users for the following categories -

a. Military and Federal Cancelled and Inactive Specifications and Standards

b. Commercial Item Description

c. Qualified Products Description

d. Qualified Products List

e. Data Item Descriptions

f. Military Bulletins

Users shall be able to view, save, and / or print documents as permitted by the Fair Use Provision of US Copyright law and the contractor's distribution agreements.

FOB: Destination

MILSTRIP: N6275818RCUS746

PURCHASE REQUEST NUMBER: N6275818RCUS746

NET AMT

Commercial Standards

To be provided in accordance with Performance Work Statement - 3.2.

Contractor to provide a complete connection of the standards from each organization identified in the Performance Work Statement and below for a minimum of twenty-two (22) total concurrent users.

Items Include -

ASTM

ASME

AWS

AGMA

SAE

API

CGA

NACE

JIS

NFPA

UL

AA

NEMA

AIA

NAS

MSS

SSPC

Users shall be able to view, save, and / or print documents as permitted by the Fair Use Provision of US Copyright law and the contractor's distribution agreements.

This license also requires users to download and install Digital Rights Management software, a plug-in, for the AWS and IPC documents. Access to these standards will be denied if user fails to install this software.

FOB: Destination

NET AMT

Commercial Catalogs

Catalog Xpress Basic To be provided in accordance with Performance Work Statement - 3.3.

Contractor to provide access to equipment manufacturer and supplier catalogs for four (4) concurrent users.

Users shall be able to view, save, and / or print documents as permitted by the Fair Use Provision of US Copyright law and the contractor's distribution agreements.

NET AMT

Logistics and FLIS

To be provided in accordance with Performance Work Statement - 3.4 and 3.5.

Contractor to provide eighteen (18) concurrent users access to the categories of logistic documents / databases in accordance with the Performance Work Statement, as well as search functions required in the Federal Logistics Information System (FLIS).

Items Include - Haystack Gold GS APL / AEL Add-On

Users shall be able to view, save, and / or print documents as permitted by the Fair Use Provision of US Copyright law and the contractor's distribution agreements.

NET AMT

Reporting

To be provided in accordance with Performance Work Statement - 4.0.

Contractor to provide monthly status reports in accordance with the Performance Work Statement detailing user information including the number of times the service is accessed, how long the service is accessed, and which items are accessed.

Items Include - IES Support SVCS - SVC Bundle, Usage Reporting

NET AMT

Customer Support

To be provided in accordance with the Performance Work Statement - 5.0.

Contractor to provide, at a minimum, toll free USA 800 and Japanese phone numbers for customer support in both English and Japanese, for contract period of performance, to resolve user issues as required.

NET AMT

License for Application and Services

Users shall be able to view, save, and / or print documents as permitted by the Fair Use Provision of US Copyright law and the contractor's distribution agreements. This license also requires users to download and install Digital Rights Management software, a plug-in, for the AWS and IPC documents. Access to these standards will be denied if user fails to install this software.

NET AMT

PERFORMANCE WORK STATEMENT

SRF-JRMC Technical Information Requirements

1.0 General - The contractor shall provide the U.S. Naval Ship Repair Facility Yokosuka, Japan and Japan Regional Maintenance Center Yokosuka (SRF-JRMC), including its detachment’s in Sasebo, Japan and Commander, Logistics Group Western Pacific Ship Repair Unit (CLWP SRU) with a subscription to a technical information service for online access to commercial and United States Federal/Military technical documents and standards. SRF-JRMC Yokosuka has an estimated 140 potential users, detachment Sasebo has 40 potential users, and detachment Singapore has 6 potential users.

1.1 The service shall be continuously accessible to SRF-JRMC users (24/7), using standard desktop personal computers via the Internet without requiring users to load any proprietary contractor software onto their desktop personal computers. The service shall be Web Based and accessible using Microsoft Internet Explorer (IE) over Port 80 or Secure Port 443 with no JAVA, Active X scripts or Flash required. The service shall provide all documents electronically viewable and printable in either Portable Document Format (PDF) or other formats recognizable to Microsoft 7 and 10. The service shall provide option to print selected portions of a page, a page, selected pages or the entire document. The contractor shall provide a seamless interface from a single entry point. If linking to other services in order to provide the additional information, the linkage shall be seamless to the end user.

1.2 The contractor shall provide for a backup means of providing access to subscription information when access to the Engineering Resource Center (ERC) or Internet service is denied for more than 24 hours.

1.3 In the event of an unscheduled outage or outage resulting from contractor activity which prevents website access, the contractor shall immediately notify the designated government surveillance officer.

1.4 The service must be accessible to any SRF user with a valid SRF-JRMC Network account (SRF-JRMC Yokosuka, SRF-JRMC Detachment Sasebo, and CLWP SRU Singapore).

1.5 The service must enable full-text searching of the actual document, and provide users with the ability to "cut and paste" excerpts of the document without reentering to the greatest extent possible.

1.6 Encryption of data transmitted shall comply with commercial (Secure Sockets Layer) SSL standards.

2.0 Technical Data-Commercial Item

(A) Each of Licensee’s authorized users may view the Product or any portion thereof for use by the user or print one original (no copies) of the Product or any portion thereof for use by the authorized user providing such print includes a copyright notice or ownership designation, is dated and is destroyed within 60 days of printing. In order to develop engineering requirements for products or processes, as necessary for operation, maintenance, installation, or training at Naval facility locations: Ship Repair Facility/Japan Regional Maintenance Center (SRF-JRMC) Yokosuka, Japan, SRF-JRMC Yokosuka Detachment Sasebo, and CLWP SRU Singapore, each authorized user of the Government shall have the right to view, print, cut, or paste (i) for internal archival purposes only, a de minimus amount of relevant information for incorporation in other printed documents, (ii) permanent retention of limited excerpts (generally, no more than 25%) printed from the Product in order to document information applicable to a specific product or transaction for archival purposes only, or (iii) internal archival of relevant information, for the purpose of complying with applicable governmental requirements or in order to comply with, or respond to, an order or request from any judicial, administrative, or similar body. Where the Government requires to incorporate relevant information from the Product as substantiating material in specification, contractual or certification documents, the relevant information may be so used up to a maximum of 25% of the document’s content. For the purposes of this Section, the Government, may, in its sole discretion, determine the relevancy of the information that it may retain as provided in the preceding sentences. Authorized users of data include Government and “contractor” employees of the designated Naval facility locations. The Government may make a reasonable number of copies of any user documentation, provided all such copies include all legends, copyright and other proprietary notices that appear on the original.

(1) The Government shall not release, perform, display, disclose, or authorize use of the entire document or sections of the data outside the Naval facility locations: SRF-JRMC Yokosuka, SRF-JRMC Yokosuka Detachment Sasebo, and CLWP SRU Singapore, without the Contractor's written permission.

(2) SRF-JRMC Yokosuka, SRF-JRMC Yokosuka Detachment Sasebo, and CLWP SRU Singapore shall not set up either a paper or digital library of the subscription data or databases, or give access to the data to Government contractors except for individual contractor employees of each activity.

(3) The Government shall not transmit Products or any portion thereof electronically or by any other means in any form to any other site.

(B) The Contractor, its subcontractors, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose technical data.

2.1 For copyrighted documents, the contractor represents that it has valid license agreements to republish and provide internet access to the standards information.

3.0 Documents - At a minimum, the contractor shall provide the following documents and user rights.

3.1 Government Documentation – The contractor shall provide simultaneous user accesses for federal and military standardization documents as listed below. Each user shall have the rights to use, reproduce, disclose, display, perform and prepare derivative works of the documents in accordance with the technical data license described above.

Government Documentation documents shall include:

3.2 Commercial Standards – The contractor shall provide a complete collection of the standards from each organization identified below. Each user shall have the rights to use, reproduce, disclose, display, perform and prepare derivative works of the documents in accordance with the computer software license described above. For copyrighted documents, the contractor shall warranty that it has sufficient title to such copyrighted works and shall provide SRF-JRMC written proof (license agreement) between the vendor and the respective standardization organization allowing electronic distribution of the standards required to ensure that SRF-JRMC may exercise the license rights granted to it by the contractor in the commercial technical data license agreement described above.

Commercial standards documents accessible from the service will include at a minimum full access to all specification/standards published by the named organization:

American Petroleum Institute (API) Compressed Gas Association, Inc. (CGA) One (1) One (1)

3.3 Commercial Catalogs – The service shall provide access to Equipment manufacturer and supplier catalogs – Four (4) simultaneous user accesses;

3.4 Logistics - The contractor shall provide eighteen (19) simultaneous user accesses to the categories of logistics documents/databases described below. Users shall have the rights to use, reproduce, disclose, display, perform and prepare derivative works of the documents in accordance with the technical data license described above.

In addition to the Federal Logistics Information System (FLIS), Commercial and Government Entity (CAGE), and Procurement History, the service must provide access to Navy-specific databases, including:

3.5 Additional search functions required in Federal Logistics Information System (FLIS):

3.6 Increase in Concurrent Users - The contractor shall provide pricing for an increase in the number of concurrent users for all subscription services.

4.0 Reporting – The contractor shall provide monthly status reports, on a recurring basis, detailing user information including, but not limited to, number of times the service is accessed, how long the service is accessed and what documents are accessed.

5.0 Training - The contractor shall provide on-site training in English with Japanese interrupter at SRF-JRMC Yokosuka and its Detachment Sasebo. Offerors shall provide a training plan for SRF users as part of its offer.

6.0 Customer Support – At a minimum, the contractor shall provide a toll free USA 800 and Japanese phone number for customer support (in English and Japanese) for the life of the contract to resolve subscription use issues.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

22-MAR-2019

22-MAR-2019

22-MAR-2019

22-MAR-2019

22-MAR-2019

22-MAR-2019

22-MAR-2019

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

0001~0007

ALL

23 March 2018~22 March 2019

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

___ Black American.

___ Hispanic American.

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

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

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

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

(d) Representations required to implement provisions of Executive Order 11246 --

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

[List as necessary]

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

(g)

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

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

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products

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

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.)…