CLAUSES - Non Personal - Combined Synopsis Part 12 15.pdf

CLAUSES IN CORPORATED BY REFERENCE

(Non-Personal Service Purchase Order)

I. FEDERAL ACQUISITION REGULATIONS (FAR)(48 CJ;'R CHAPTER 1) CLAUSES

No. FAR Citation Clanse Title Clause Date

I. 52.202-1 Definitions July 2004

2. 52.203-3 Gratuities April 1984

3. 52.203-5 Covenant Against Contingent Fees April 1984

4. 52.203-6 Restrictions on Subcontractor Sales to the Government-Alternate 1 October 1995

5. 52.203-7 Anti-Kickback Procedures October 2010

6. 52.203-11 Certification and Disclosure Regarding Payments to Influence September 2007 Certain Federal Transactions

7. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions October 2010

8. 52.203-13 Contractor Code of Business Ethics and Conduct April 2010

9. 52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011

10. 52.204-7 Central Contractor Registration April 2008

11. 52.204-9 Personal Identity Verification of Contractor Personnel January 20] I

12. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract July 2010 Awards

13. 52.207-2 Notice of Streamlined Competition May 2006

14. 52.209-6 Protecting the Government's Interest When Subcontracting December 2010 With Contractors Debarred, Suspended, or Proposed for Debarment

15. 52.215-5 Facsimile Proposals October 1997

16. 52.217-2 Cancellation Under Multiyear Contracts October 1997

17. 52.2] 7-5 Evaluation of Options July 1990

18. 52.217-8 Option to Extend Services November 1999

19. 52.219-6 Notice of Total Small Business Set-Aside June 2003

20. 52.219-8 Utilization of Small Business Concerns January 2011

21. 52.222-3 Convict Labor June 2003

''l'') 52.222-21 Prohibition of Segregated Facilities February 1999 .:.~.

23. 52.222-26 Equal Opportunity March 2007

I. FEDERAL ACQUISITION REGULATIONS (FAR)(48 CFR CHAPTER 1) CLAUSES

No. FAR Citation Clause Title Clause Date

24. 52.222-35 Equal Opportunity for Special Disabled Veterans. September 2010 Veterans of the Vietnam Era, and other Eligible Veterans

25. 52.222-36 Affirmative Action for Workers with Disabilities October 20 I0

26. 52.222-37 Employment Reports on Special Disabled Veterans September 2010 Veterans of the Vietnam Era, and other Eligible Veterans

27. 52.222-41 Service Contract Act of 1965 November 2007

28. 52.222-43 Fair Labor Standards Act and Service Contract Act September 2009

- Price Adjustment (Multiple Year and Option Contracts)

29. 52.222-50 Combating Trafficking in Persons February 2009

30. 52.223-5 Pollution Prevention and Right-to-Know Information May 2011

31. 52.223-18 Contractor Policy to Ban Text Messaging While Driving August 2011

32. 52.224-1 Privacy Act Notification April 1984

33. 52.224-2 Privacy Act April 1984

34. 52.225-13 Restriction on Certain Foreign Purchases June 2008

35. 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating September 2010 to Iran Certification

36. 52.229-3 Federal. State, and Local Taxes April 2003

37. 52.232-1 Payments April 1984

38. 52.232-8 Discounts for Prompt Payment Februaty 2002

39. 52.232-11 Extras April 1984

40. 52.232-18 A vailabil ity of Funds April 1984

4l. 52.232-33 Payment by Electronic Funds Transfer - Central October 2003 Contractors Registration

42. 52.233-1 Disputes July 2002

43. 52.233-3 Protest after A ward August 1996

44. 52.233-4 Applicable Law for Breach of Contract Claim October 2004

45. 52.237-1 Site Visit April 1984

44. 52.237-2 Protection of Government Buildings, Equipment & Apri11984 Vegetation

45. 52.237-3 Continuity of Services January 1991

I. FEDERAL ACQUISITION REGULATIONS (FAR)(48 CFR CHAPTER 1) CLAUSES

No. FAR Citation Clanse Title Clause Date

46. 52.242-13 Bankruptcy July 1995

47. 52.242-15 Stop-Work Order August 1989

48. 52.242-17 Government Delay of Work April 1984

49. 52.243-1 Changes - Fixed Price Alternate 1 August 1987

50. 52.244-6 Subcontracts for Commercial Items December 20 1 0

51. 52.245-1 Government Property August 2010

52. 52.249-2 Termination for the Convenience of the Government May 2004 (Fixed Price)

53. 52.249-8 Default (Fixed-Price Supply and Service) April 1984

54. 52.253-1 Computer Generated Forms January 1991

CLAUSES INCORPORATED IN FULL TEXT

(Non-Personal Healthcare Service Purchase Order)

I. FEDERAL ACQUISITION REGULATIONS (FAR)(48 CFR CHAPTER 1) CLAUSES

No. FAR Citation Clause Title Clause Date

1. 52.203-2

2. 52.204-1

3. 52.204-3

4. 52.204-8

5. 52.209-1

6. 52.209-5

7. 52.209-7

8. 52.212-2

9. 52.212-3

10. 52.21

11. 52.216-1

12. 52.216-18

13. 52.216-19

14. 52.216-21

15. 52.217-9

16. 52.219-1

17. 52.222-22

18. 52.222-42

19. 52.232-19

20. 52.233-2

21. 52.252-\

22. 52.252-2

Certificate of Independent Price Determination

Approval of Contracts

Taxpayer Identification

Annual Representations and Certifications

Qualification Requirements

Certification Regarding Responsibility Matters

Information Regarding Responsibility Matters

Evaluation - Commercial Items

Offeror Representations and Certification Commercial Items

Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items

Type of Contract

Ordering

Order Limitations

Requirements Alternate 1

Option to Extend the Term of the Contract

Small Business Program Representation

Previous Contracts and Compliance Reports

Statement of Equivalent Rates for Federal Hires

Availability of Funds for the Next Fiscal Year

Service of Protest

Solicitation Provisions Incorporated by Reference

Clauses Incorporated by Reference

April 1985

December 1989

October 1998

May 2011

February 1995

April 2010

January 201 I

January 1999

May 2011

August 2011

April 1984

October 1995

October 1995

October 1995

March 2000

April 2011

February 1999

May 1989

Apri11984

September 2006

February 1998

February 1998

CLAUSES INCORPORATED IN FULL TEXT

(Non-Personal Hea1thcare Service Purchase Order)

I. FEDERAL ACQUISITION REGULATIONS (FAR)(48 CFR CHAPTER 1) CLAUSES

1. FAR 52.203-2 - CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APRIL 1985):

(a) The offeror certifies that

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, commlmication, or agreement with any other offeror or eompetitor relating to

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case ofa sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the ofteror to induce any other concern to submit or not to submit an offer for the purpose of restricting competiton.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) ofth1s provision __________________ [insert full name ofperson(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title ofhis or her position in the (~Oeror 's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(l) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

2. FAR 52.204-1 - APPROVAL OF CONTRACTS (DECEMBER 1989):

This contract is subject to the ~Titten approval of the Contracting Officer [identifY title ofdesignated agency official here] and shall not be binding until so approved.

3. FAR 52.204-3 - TAXPAYER IDENTIFICATION (OCTOBER 1998)

(a) Definitions.

"Common Parent", as used in the provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Taxpayer Identification Number (TIN)", as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offeror's must submit the information required in paragraphs (d) through (f) of this provision in order to comply with debt collection requirements of 31 U.S.c. 7701 (c) and 3 325( c), reporting requirements of26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the (IRS). If the resulting contract is subject to payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

I I TIN:

I TIN has been applied for

1_ ~ TIN is not required because;

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

I Offeror is an agency or instrumentality of the Federal Government

(e) Type of Organization.

/ Sole proprietorship;

Partnership;

I I Corporate entity (not tax-exempt);

1__/ Corporate entity (tax-exempt)

/ I Government entity (Federal, State, or Loca1);

Foreign government;

1__/ International organization per 26 CFR 1.6049-4;

/ / Other

(f) Common Parent.

/__1 Offeror is not owned or controlled by a common parent as defined in paragraph (a) ofthis provISIOn.

I I Name and TIN of common parent:

Name

TIN

(End of Provision)

4. 52.204-8 - ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011)

(a)(l) The North American Industry Classification System (NAICS) code for this acquisition is ________ [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)( 1) If the clause at 2~.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in

CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certitlcations in the solicitation.

(c)(1) The following representations or certitlcations in ORCA are applicable to this solicitation as indicated:

(i) Certitlcate of Independent Price Determination. This provision applies to solicitations when a tlrm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless

(A) The acquisition is to be made under the simplified acquisition procedures in Pilr:t 13;

(8) The solicitation is a request for technical proposals under two-step sealed bidding procedures;

or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) .52.:203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-1, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 51 .204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) .54214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than 000, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by 000, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at Equal Opportunity.

(xii) Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.22/-26, Equal Opportunity.

(xiii) .52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.:~23-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at ",-=-=",•.::::-.:""

AffIrmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 5'1.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at =='

(A) If the acquisition value is Jess than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Altemate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xviii) Trade Agreements Certitlcate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan Certification. This provision applies to all solicitations.

(xx) 52.2/5-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification.

This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to-

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at :C=:~__

Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate 1.

_ (ii) Certification Regarding Knowledge of Child Labor for Listed End Products.

_ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment Certification.

(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain

Services-Certification.

(v) 52.!?3-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for

EPA-Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

(A) Basic.

_(B) Alternate L

(vii) Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at ht1Q://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 otfer and are incorporated in this offer by reference (see FAR

4.1201 ); except for the changes identified below [offeror to insert changes, identifYing change by clause number, title, date]. 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.

FAR Clause # Title Date Change

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.

(End of provision)

5. FAR 52.209-1- QUALIFICATION REQUIREMENTS (FEBRUARY 1995):

(a) Definition. "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract.

For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award http:ht1Q://orca.bpn.gov of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name)

(Address)

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror's Name Manufacturer's Name

Source's Name Item Name Service Identification

Test Number (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to contine if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership ofthe plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

(End of Clause)

6. FARS2.209-S - CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APRIL 2010):

(A) Are I I are not I_I presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have I_I have not within a three-year period preceding this offer, been convicted of or had a civiI judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) 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 (if offeror checks "have", the offeror shall also see 52.209-7, if included in this so licitation);

(C) Are I are not I presently indicated for, or otherwise criminally or civilly charged by a govcrnmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(8) of this provision;

(D) Have I have not I_I, 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

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

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

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. 621 which entitles the taxpayer to seek Tax court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

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

(ii) The Offeror has I_I has not within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal", for the purposes of this certification, means an oflicer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head qla division or business segment; and similar positions).

This Certification Concerns a Matter Within the lurisdication of an Agency of the United States and the Making of a False, Fictitious, or Fraudu lent Certifieation May Render the Maker Subject to Proseeution Under Section 100 I, Title

18. United States Code.

(b) The Offer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination ofthe Offeror's responsibility. Failure to fo the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.

The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) 1be certification in paragraph ( a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Of1lcer may terminate the contract resulting from this solicitation for default.

(End of Provision)

7. FAR 52.209-7 -INFORMATION REGARDING RESPONSIBILITY MATTERS (APRIL 2010):

(a) Definitions. As used in this provision "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indetinite~delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [] has [] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) Ifthe offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in~-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)( 1 )(i), (c)(1 )(ii), or (c )(1 )(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)( 1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(l)(i) through (c)(I)(iv) of this provision in F APIIS as required through maintaining an active registration in the Central Contractor Registration database at httr;dLwww.ccr.gov (see 52.,104-7).

(End of provision)

8. FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS (JANUARY 1999):

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

[Contracting C?fficer shall insert the sign[ficant evaluationfactors, such as (i) technical capability ofthe item offered to meet the Government requirement; (Ii) price; (iii) past performance (.'iee FAR 15.3(4); (iv) small disadvantaged business participation; and include them in the relative order of importance ofthe evaluationfactors, such as in descending order o.fimportance.]

Technical and past performance, when combined, are _... [Contracting C?Uicer state, in accordance with FAR 15.304. the relative importance ofall other evaluation factors, when combined, when compared to price.]

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

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

(End of provision)

9. FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTlFICATION - COMMERCIAL

ITEMS (OCTOBER 2010):

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certitications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (0) of this provision.

(a) Definitions. As used in this provision

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

"Forced or indentured child labor" means all work or service

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

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

"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in §J).S.C. 395(b), applied in accordance with the rules and definitions of{i 11.S.C, 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.c. 7874.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1 000-9999, except~

(1) FSC 55lO, 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.

http:http://orca.bpn.gov

"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 of2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

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

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

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

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

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

(6) Have been voluntarily suspended.

"Service-disabled veteran-owned small business concern"

(1) Means a small business concern

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

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

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

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

"Subsidiary" means an entity in which more than 50 percent of the entity is owned-~

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern

(l) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 JJ.S.C~~()l(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock ofwhich 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 pereent 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 pereent 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)

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1 ~Ql), except for paragraphs

[Offeror to identifY the applicable paragraphs at (c) through (0) ofthis provision that the offeror has completed for the purposes ofthis solicitation only, !fany.

These amended representation(s) and/or cert~fication(s) are also incorporated in this o.ffor and are current, accurate, and complete as ofthe date ofthis o/Ter.

Any changes provided by the o.Ueror are applicable to this solicitation only, and do not result in an update to the representations and certtfications 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.

(I) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern.

(2) Veteran-owned small business concern. [Complete only tfthe offeror represented itse(fas a small business concern in paragraph (c)(I) ofthis provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern.

(3) Service-disabled veteran-o}tJned small business concern. [Complete only ?fthe offeror represented Uselfas a veteran-owned small business concern in paragraph (c)(2) ofthis provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only (fthe o.fferor represented Use?!as a small business concern in paragraph (c)(I) ofthis provision.] The offeror represents, for general statistical purposes, that it 0 is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only ?fthe offeror represented itselfas a small business concern in paragraph (cHI) o.fthis prOVision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented Use/las a women-owned small business concern in paragraph (c)(5) ofthis provision.] The offeror represents that

(i) It 0 is,o 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 0 is, 0 is not ajoint 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 o.fferor shall enter the name or names ofthe 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 ifthe offeror represented itse(las a WOSB concern eligible under the WOSB Program in (c)(6) ofthis provision.] The offeror represents that http:http://orca.bpn.gov

(i) It 0 is, 0 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 0 is, 0 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 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.

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

(8) Women-owned business concern (other than small business concern). [Complete only {{the offeror is a women owned business concern and did not represent itselfas a small business concern in paragraph (c}(l) (~fthis provision.] The offeror represents that it 0 is a women-owned business concern.

(9) Tie bid priority for labor SUl7Jlus 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

(l0) [Complete only ifthe solicitation contains the clause at FAR 52.219-23. Notice ofPrice Evaluation Ac(justmentfor Small Disadvantaged Business Concerns, or FAR 52.219-25. Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the ~tferor desires a benejit based on its disadvantaged status.]

(i) General. The offeror represents that either

(A) It 0 is, 0 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 0 has, 0 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) 0 Joint Ventures under the Price Evaluation Adjustmentfor 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)(lO)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The ojferor shall enter the name qfthe small disadvantaged business concern that is participating in the joint venture:

(11) HUBZone small business concern. [Complete only if/he offeror represented itselfas a small business concern in paragraph (c)(l) ~fthis provision.] The offeror represents, as part of its offer, that

(i) It 0 is, 0 is not a HUB Zone 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 1-IUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It 0 is, 0 is not a HUBZone joint venture that complies with the requirements of l3 CFR Part 126, and the representation in paragraph (c)( 11 )(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executi ve Order 11246 (1 ) Previous contracts and compliance. The offeror represents that-

(i) It 0 has, 0 has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It 0 has, 0 has not filed all required compliance reports.

(2) Ajjlrmative Action Compliance. The offeror represents that

(i) It 0 has developed and has on file, 0 has not developed and does not have on file, at eaeh 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 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Cert(fication Regarding Payments to I'?fiuence Federal Transactions (lLU.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 intluencing or attempting to influence an officer or employee of any agency, a Member of Congress.