RFQ QSDLAD-W2-12-1560-SQ FSC6810

RFQ# QSDLAD-W2-12-1560-SQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ FORMCHECKBOX

IS FORMCHECKBOX

IS NOT A SMALL BUSINESS-SMALL PURCHASE SET-ASIDE (52.219-6)

PAGE OF PAGES

1 | 28

UNDER BDSA REG. 2 (

RATING

GSA, FAS, Southwest Supply Operations Center, Supply Acquisition Division (QSDLAD – W2)

819 Taylor Street, Room 6A00 Fort Worth, TX 76102-6105 15 Days ARO or better

FOB DESTINATION or FORMCHECKBOX

OTHER

(See Schedule)

Joshua Walker: joshua.walker@gsa.gov

AREA CODE

NUMBER

850-8364

9. DESTINATION

To be shown on each order issued. (CONUS)

(See Schedule)

c. STREET ADDRESS

c. CITY

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date) March 12, 2012 or sooner IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

( c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This solicitation if for a proposed Standing Quote Agreement (SQA) IAW FAR 13.103 for an estimated five (5) year period from Date of Award (not to exceed $150,000) with annual reviews. The SQA may be cancelled at any time by either party with 30 days Advanced Notice.

A.

The estimated number of calls and estimated total quantities listed have been retrieved from historical data and represent no guarantee of the volume of purchases to be placed under any resulting SQA.

B.

In accordance with M-FSS-301-A, award will be made on an item-by-item basis. Award will be made to the offeror who represents the lowest price technically acceptable. All items must be technically acceptable according to the Item Purchase Description (IPD). (see page 26)

C.

Inspection will be at Destination.

D.

The Item Purchase Description and Schedule of Items are shown on pages 4 and 5. If exceptions are taken to any characteristics listed in the attached IPD, a full explanation must be disclosed and accompany the RFQ response and your quote may or may not be accepted. It is the offeror’s responsibility to provide only items that fully comply with the IPD.

E.

Required Clauses, applicable to all items in this Request for Quotation, are shown on pages 6through 26.

F.

This is only a request for pricing. Delivery orders will be issued pursuant to the evaluation of the quotations received. DO NOT SHIP.

(Continued on Page 2)

12. DISCOUNT FOR PROMPT PAYMENT (

NOTE: Additional provisions and representations FORMCHECKBOX are FORMCHECKBOX are not attached.

c. COUNTY

PHONE

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (Re. 6-95)

Previous edition not usable

Prescribed by GSA- FAR (48CFR) 53.215-1(a) G. If responding to this Request for Quotation, complete and return the entire package before COB March 12, 2012, otherwise response will be determined NONCOMPLIANT, and therefore rejected in its entirety. If you wish to “No Quote”, please indicate and return page 1 only.

H. Delivery is required within 15 Days ARO (days after receipt of order). However, if you can deliver sooner, please indicate on page 4.

I. Unit of Issue for Line Items 1 is QT. Due to the nature of the Special Order Program (SOP) some orders may submitted for as low as one (1) unit. No Minimum Order Limitation will be accepted, any offers submitting a Minimum Order Limitation will be determined NONCOMPLIANT, and therefore rejected in its entirety.

J. You must provide “Descriptive Literature” In Accordance With the Federal Acquisition Regulation (FAR) Clause 52.214-21 or your quote will be rejected in its entirety.

K. THIS IS A TOTAL SMALL BUSINESS SET ASIDE SOLICITATION FOR NAICS CODE 325193.

Use the Schedule of Items on page 4 to submit your quoted prices.

Provide the unit prices per the unit of issue shown.

A.

FAR 52.212-1 is incorporated by reference.

B.

FOB is Origin Prepay and Add.

C.

The Item Purchase Description (IPD) for the National Stock Number (NSN) can be found on pages 4 and 5.

D. MSDS must be included in addition to the MSDS Supplement form on pages 27 and 28.

E.

When responding to this RFQ, you must submit the entire document via e-mail to joshua.walker@gsa.gov. The full document must be received by the closing date and time.

F.

Following is how you can obtain specifications:

FED Specs — GSA Federal Supply Service Specifications Section, Ste. 8100, 470 E. L’Enfant Plaza, SW, Washington, DC 20407 [Telephone 202-619-8925, FAX 202-619-8978] http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). Type the document in the "Document ID" field and hit submit. You do not need a password.

MIL Specs — Department of Defense Single Stock Point (DoDSSP), Bldg. 4,Section D, 700 Robbins Ave., Philadelphia, PA 19111-5094 [Telephone 215-697-2667/2179, FAX 215-697-1462] Web Site www.dsp.dla.mil Click on “Online Specs” or http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). Type the document in the "Document ID" field and hit submit. You do not need a password.

ANSI Standards — American National Standards Institute, Inc., 11 West 42nd Street, 13th Floor, New York, NY 10036 [Telephone 212-642-4900]

ASTM — American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 [Telephone 610-832-9585, FAX 610-832-9555] Web Site: www.astm.org, email: service@astm.org. (ASTM does charge for their services)

Recycled Material — Two sites for information related to the Comprehensive Procurement Guidelines and Recovered Materials Advisory Notices: www.epa.gov/cpg

Commercial Item Descriptions - http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). You do not need a password.

**THE FOLLOWING MUST ACCOMPANY YOUR OFFER, FAILURE TO PROVIDE THE REQUIRED INFORMATION COULD RESULT IN YOUR OFFER NO LONGER BEING EVALUATED / CONSIDERED FOR POSSIBLE AWARD.

I. Price II. Technical Requirements

(To be technically acceptable, offers received must meet the salient characteristics of the NSN(s) as outlined on pages 4 and 5 of the solicitation)

A Commitment Letter(s) may be requested – If the offeror is not the manufacturer production and/or inspection point, a letter of commitment must be supplied from each manufacturer production and inspection point. The commitment letter must be on the manufacturer’s letterhead indicating their commitment to supply this item(s).

Commitment letter must identify the following:

1) Reference Solicitation number QSDLAD-W2-12-1560-SQ.

2) Identify which NSN and its corresponding brand name and part number that is being supplied.

3) The commitment letter must be signed by an officer of the company who is authorized to commit their company in this matter;

4) A statement of conformance to specification, standard and item purchase description dated 3/12/2012;

5) Verification that all packaging and marking requirements IAW FED-STD-123 and MIL-STD-129 will be met;

6) A statement that the supplier will provide you the first year time frame within the delivery time required of 15 days ARO.

7) A statement as to the country of origin of the item;

8) The letter may be e-mailed to joshua.walker@gsa.gov.

9) The commitment letter must include an original signature on the supplier’s letterhead, title of the signee, a direct telephone number and e-mail address.

III. Delivery

IAW FAR 52.214-7 (a) (b)

(a) Offerors are responsible for submitting offers, so as to reach the Government office designated in the RFQ by the time specified. (Block 10).

(b) If offer is received later than the exact time specified in block 10 of the RFQ, it will be considered “late” and will not be accepted.

**Failure to provide any of the requested information or documents may cause offers to be determined non-compliant.

Schedule of Items

NAICS CODE: 325193 DENATURED ALCOHOL MFG

Item

(5 years)

5 yr Qty

IPD Attached

Is your product a Commercially Available Off-The-Shelf (COTS) Item? ___________________ If the above answer is no, please indicate what percentage of product is domestic and what percentage is foreign.

_________% Domestic

_________% Foreign

ITEM PURCHASE DESCRIPTION

1. NSN 6810-00-205-6786 DENATURED ALCOHOL

Unit of Issue: QT

Country of Origin:

Best Delivery (DARO) All purchase orders are direct delivery shipments to end users throughout the Continental United States (CONUS).

Unit Weight:

Unit Cube:

LINE ITEM 1

NSN: 6810-00-205-6786

DATE: 9/13/2011

ALCOHOL, DENATURED (ETHANOL): Shall be in accordance with Bureau of Alcohol, Tobacco and Firearms regulations, Code of Federal Regulations (CFR), Title 27, Chapter I, Parts 20 and 21. Shall have the following characteristics:

Proprietary solvents general-use formula, 27 CFR 20.113

Unit of issue – QT (One (1) quart).

Maximum age on delivery - Five (5) months from the date of manufacture.

Product conformance: The products provided shall meet the salient characteristics of this description, conform to the producer's own specifications, standards, and quality assurance practices and be the same product offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

PREPARATION FOR DELIVERY: The item(s) shall be packaged and packed to afford adequate protection against physical damage during shipment from the supplier to the first receiving activity. The pack shall comply with the rules and regulations applicable to the mode of transportation. The package shall be the same as that normally provided by the supplier. In the event a pallet or skid is used for shipping, the following notice shall apply:

Notice of special requirements for shipment to all countries that have endorsed the IPPC Guidelines for treatment of non-manufactured wood packaging: The International Plant Protection Convention (IPPC) has approved and published on March 15, 2002, “Guidelines for Regulating Wood Packaging Material in International Trade”. Countries endorsing the IPPC Guidelines are found at http://www.aphis.usda.gov/ppq/swp/. Additionally, shipments delivered to DOD distribution facilities or freight consolidation points for eventual delivery to or through EU/IPPC countries shall comply with applicable DLA Regulations and Procurement Letter PROCLTR 02-17.

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

SPECIAL MARKING shall include:

1) Lot Batch number.

2) Dates of manufacture and re-inspection thirty-six (36) months after date of manufacture.

3) Instructions for use.

4) Marking shall include environmental, precautionary and/or hazardous marking required by law or regulation governing product use, transportation, shipping, stocking, and storage (including any applicable BATF regulations and the Federal Hazardous Substance Act, 16 CFR Chapter II).

DATA SUBMISSION: The material safety data sheet (MSDS) shall be submitted in accordance with the latest revision of Federal Standard No. 313. For shipments to GSA distribution centers or Customer Supply Centers, the contractor shall provide one copy of the MSDS inside or affixed to the outside of each transport package as defined in FED-STD-123. If affixed outside, the MSDS must be placed in a weather-resistant envelope.

NOTE TO SHIPPER: THE FOLLOWING REQUIREMENTS MUST BE ADDED TO THE PURCHASE ORDER FOR SHIPMENTS OF REGULATED MATERIALS.

SPECIAL REQUIREMENTS FOR DOMESTIC SHIPMENTS OF REGULATED MATERIALS:

In addition to other requirements of this description, for domestic shipments, the commodity shall be packaged, packed, and marked in a manner to meet the applicable requirements of the Department of Transportation (DOT) regulations (Title 49, Code of Federal Regulations) latest revision for the mode of transport utilized.

SPECIAL REQUIREMENTS FOR OVERSEA SHIPMENTS OF REGULATED MATERIALS:

For oversea shipments by vessel, the commodity shall be packaged, packed, and marked in a manner to meet the applicable requirements of International Maritime Organization (IMO), International Maritime Dangerous Goods (IMDG) Code, latest revision.

END OF ITEM PURCHASE DESCRIPTIONS

***COMPLETED PAGES MUST BE RETURNED WITH YOUR OFFER (SF18)***

Contract Administration Data

Please provide the following information:

MAS Contract Number: ____________________________________________________________

Contractors’ Data Universal Numbering System (DUNS) No.: _____________________________

Taxpayers Identification Number (TIN): _______________________________________________

Offerors’ P.O.C.: __________________________________________________________________

Phone Number: ___________________________________________________________________

Fax No.__________________________________________________________________________

E-mail: __________________________________________________________________________

G-FSS-900-A CONTACT FOR CONTRACT ADMINISTRATION (JAN 1994)

Offerors are required to designate a person to be contacted for prompt contract administration.

NAME

TITLE

ADDRESS

ZIP CODE

TELEPHONE NO. (_______)

FAX NO.

52.223-3

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope.

552.211-79 ACCEPTABLE AGE OF SUPPLIES (FEB 1996) 511.404(a)(1) The supplies furnished under this contract shall not be more than *___5___* months old, beginning with the first full month after the date of manufacture marked on the container. For the purpose of this clause, supplies shall be considered to be furnished (1) when they are offered to the Government for inspection and testing, or (2) on the date of shipment if shipment is authorized to be made without prior inspection by the Government. If the age of the supplies furnished under this contract is greater than the specified period, the Government may exercise its right to reject the supplies.

552.211-73

MARKING (FEB 1996)

(a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards.

(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

(2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.

(b) Improperly marked material. When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor to perform the required marking, by contract or otherwise, and charge the Contractor, therefore at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

552.211-75

PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering activity and the Contractor.

D-FSS-456

PACKAGING AND PACKING (APR 1984)

(a) Packaging. Shall be in accordance with accepted commercial practice.

(b) Packing. Shall be packed to ensure carrier acceptance and safe delivery to the destination in containers complying with rules and regulations applicable to the mode of transportation.

D-FSS-462

MAXIMUM WEIGHT PER SHIPPING CONTAINER (MAY 1995)

In no instance shall the weight of a shipping container and its contents exceed 23 kilograms (51 pounds), except when caused by (1) the weight of a single item within the shipping container, (2) a prescribed quantity per pack for an item per shipping container, or (3) a definite weight limitation set forth in the purchase description.

E-FSS-514

PRODUCTION AND INSPECTION POINT(S) (JUN 1990)

(a) Production Point. Offeror shall insert, in the appropriate spaces provided below, the names of the manufacturers of the items offered and the address and telephone number of the facility(ies) at which the items will be manufactured or produced.

(b) Source Inspection Point. Offeror shall indicate, in the spaces provided below, the location(s) at which the supplies will be inspected or made available for inspection. If the addresses of the respective production and inspection points are identical, the offeror should insert "same" in the inspection point column.

PRODUCTION POINT—

INSPECTION POINT

ITEM

NAME OF

NAME, ADDRESS

(If other than

NO(s).

MANUFACTURER

(Including County), and Production Point)

TELEPHONE NUMBER

NOTE: If additional space is needed, the offeror may furnish the requested information by an attachment to the offer..

E-FSS-522

INSPECTION AT DESTINATION (MAR 1996)

(a) Inspection by the Government. It is anticipated that the supplies purchased under this contract will be inspected at destination by the Government to ensure conformance with technical requirements as specified herein.

(b) Responsibility for Rejected Supplies. If, after due notice of rejection, the Contractor fails to remove or provide instructions for the removal of rejected supplies pursuant to the Contracting Officer's instructions, the Contractor shall be liable for all costs incurred by the Government in taking such measures as are expedient to avoid unnecessary loss to the Contractor. In addition to any other remedies, which may be available under this contract, the supplies may be stored for the Contractor's account or sold to the highest bidder on the open market and the proceeds applied against the accumulated storage and other costs, including the cost of the sale.

(c) Additional Costs for Inspection and Testing. When prior rejection makes reinspection or retesting necessary, the following charges are applicable. When inspection or testing is performed by or under the direction of GSA, charges will be at the rate of $22.00 per man-hour or fraction thereof if the inspection is at a GSA distribution center; $26.00 per man-hour or fraction thereof, plus travel costs incurred, if the inspection is at another location; and $26.00 per man-hour or fraction thereof for laboratory testing, except that when a testing facility other than a GSA laboratory performs all or part of the required tests, the Contractor shall be assessed the actual cost incurred by the Government as a result of testing at such facility. When inspection is performed by or under the direction of any agency other than GSA, the charges indicated above may be used, or the agency may assess the actual cost of performing the inspection and testing.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certification electronically athttp://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", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under6U.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 in6U.S.C. 395(b), applied in accordance with the rules and definitions of6U.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 at26 U.S.C.7874.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 10009999,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. 110174).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 (50U.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 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 50percent 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 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 13CFR 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 athttp://orca.bpn.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 52.2123, Offeror Representations and Certifications–Commercial Items, have been entered or updated in the last 12months, 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 certifications(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 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 CFR124.1002.

(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 nota joint venture that complies with the requirements of 13 CFR part 127, and there presentation in paragraph (c)(7)(i) 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 –

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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

It ______ is, ______ is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________________________.] Each HUBZone small business concern participating in the 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 –

It ______ has, ______ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

It ______ has, ______ has not filed all required compliance reports.

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

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

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.)

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)

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.)

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."

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

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

(List as Necessary)

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

Other Foreign End Products:

(List as Necessary)

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

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)

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:

(List as Necessary)

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

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."

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)

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). The offeror certifies, to the best of its knowledge and belief, that 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;

______ 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;

______ 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

______ 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.

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

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.