PR_5401378_Solicitation_for_police_bikes1_(2)_(2).docx

Department of State (DoS) Bureau of International Narcotics and Law Enforcement Affairs (INL)

INL Guyana Police Bicycles and Accessories

SECTION 1 GENERAL INFORMATION

The Government intends to award a firm fixed price contract for ALL specifications listed under this RFQ.

INFORMATION TO CONTRACTORS:

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when Department of State (DoS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable.

QUESTIONS CONCERNING THE REQUEST FOR PROPOSAL

Offerors are warned against contacting any INL personnel other than the Contracting Officer and Contract Specialist prior to award of the Contract resulting from this RFQ. If such a contact occurs and found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration. Answers to inquiries/questions, if given, shall be provided in writing to all vendors being solicited.

No information concerning this RFQ shall be provided in response to telephone calls. All such requests must be submitted in writing to the Contract Specialist by email. Written questions relating to this RFQ shall be accepted through 5:00 P.M. EST Monday, May 16, 2016. Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individuals:

NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative via e-mail NLT 5:00 P.M. EST on Thursday, June 30, 2016.

This requirement is being posted as a Total Small Business Set-Aside in accordance with (IAW) FAR Subpart 19.5--Set-Asides for Small Business.

INSTRUCTIONS TO QUOTER

Written Quotes

The Quoter shall provide an electronic copy containing all required sections of the written Quote. The Quoter must submit the Quote in the formats provided by Microsoft Office 2007 or later. Any quoter that does not comply with the following instructions, or does not submit a required component of this RFQ within the allotted time frame shall not be considered for award.

Table 1: Quote Organization

Vol.

Section Title Page Count Limitation

Product Descriptions

The Quoter shall provide product descriptions for each product proposed under each CLIN that reflect the specifications outlined in the Statement of Work. As part of any product description, please provide an image of the product (either jpg, gif or png format).

Price Quote

The Quoter shall complete Attachment 2, Pricing Matrix. The Pricing Matrix is comprised of an excel worksheet that requires the Quoter to input the following information:

· Product Quoted

· Quoted Unit Price (With applicable discount included)

· Proposed Delivery Date to Final Destination

· Applicable Delivery Fees

RFQ Provision Completion

The Quoter shall sign, fill and complete (as applicable) the following provisions found in the Terms and Conditions:

· FAR 52.212-3, Offeror Reps and Certifications— Commercial Items

· The Quoter shall provide their DUNS number and a statement that the quoter is registered via SAM.gov.

CONTRACTOR RELATIONSHIPS

The Department of State (DoS) encourages the use of subcontractors. In addition, the Department requires that any potential Organization Conflict of Interest identified in the proposal to ensure proper firewalls established prior to award.

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

PERIOD OF ACCEPTANCE OF OFFERS

Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

TYPE OF CONTRACT

This requirement will result in the award of a Firm-Fixed-Price (FFP) Purchase Order for the requirements identified in this SOW. The FFP price shall include all direct and indirect costs, profit, shipping/delivery charges (if any), and any and all insurances. The price will not be subject to adjustment after award.

BASIS FOR AWARD

· Award will be made on an “All or None” basis.

· Offerors will be evaluated on a best value basis. 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. The following factors shall be used to evaluate offers:

(i) Technical capability of the item offered to meet the Government requirement;

(ii) Delivery schedule;

(iii) Price

SECTION 2 STATEMENT OF WORK

Background

The US Department of State (DoS) through the Bureau of International Narcotics and Law Enforcement (INL) assists host nations for the renovation and rehabilitation of the Rule of Law components in Guyana.

The INL office located at the US Embassy-Guyana is assisting the Government of Guyana in the development of various components of the Police, and Justice Systems.

Scope

INL Guyana has a requirement to provide Police Bicycles to the Guyana Police Force. This acquisition will require an optional quantity of bicycles matching the initial requirement below.

Pricing Matrix

CLIN

Description

QTY

Unit Price

Total Price

Provide in your cost proposal pricing options for 2/3/4/5 year maintenance and warranty price options.

Specifications for Supplies

A. Police Bike (CLIN 001)

· FUJI CODE 1 (Brand Name or Equal)

· Aluminum Frame

· 24 Speed Shimano Drive Train

· Dual Disc Brakes

· Suspension Fork with Lockout

· Rear Rack Included

· Sizes: Small/Medium 15” (250 units) Medium 17" (250 units)

· Color: Black – Please provide other options if black is not available

· Main frame: Aluminum with down tube, Tri shaped top tube, Oversized seat tube and integrated head tube, double water bottle mounts

· Rear triangle: Aluminum with S-bend stay, Cold forged dropout and disc mount w/replaceable hanger

· Fork: SR Suntour XCT or equal with Mechanical Lockout 80mm travel

· Crankset: Full Forged, 22/32/42T

· Bottom bracket: Sealed Cartridge Bearing Square Taper

· Front Derailleur: Shimano Acera

· Rear Derailleur: Shimano Acera

· Shifters: Shimano Acera Trigger shifter, 24-speed

· Cassette: Shimano HG31, 11-32T 8-speed

· Chain: KMC Z-72

· Wheelset: Formula Sealed Alloy 36H Disc Hubs, Alex DM-18 alloy double wall rims

· Tires: Kenda, K-841, Police Knite Glo reflective sidewall, 26 x 1.95"

· Brake set: Tektro Novela Mechanical Disc w/ 160mm rotor

· Brake levers: Tektro RS-360 Forged Alloy

· Headset : 1 1/8" semi-integrated, 30mm spacers

· Handlebar: Alloy flatbar, w/ bar ends

· Stem: Fuji forged alloy w/ removable faceplate

· Saddle: Full seat with steel rails

· Pedals: FDP with Alloy Cage, toe clip and strap

· Seat post: Fuji Alloy micro-adjust, 350mm

B. Lights (CLIN 001A) o Dual strobe LED lights, three different light modes (high beam, low beam and strobing), operate on 4 AA batteries which are to be included

C. Trunk Bag (CLIN 001B)

· CODE3 SPORTS ULTIMATE BIKE TRUNK BAG (Brand Name or Equal)

· Velcro strapping that is easy to take on an off,

· Decals reading “POLICÍA”

D. Helmets (CLIN 001C) :

· BELL PISTON (Brand Name or Equal)

· Black or dark in color

· Easy to adjust cam-lock levers

· In-mold construction with an ErgoDial fit system

· Extra-large vents to provide ample air flow

· Decals reading “POLICÍA”

E. Tool Kits/Equipment (CLIN 002)

· PARK TOOL AK-38 MECHANIC TOOL KIT (Brand Name or Equal)

· AWS-1 4, 5, 6mm Hex Wrench Set

· AWS-3 2, 2.5, 3mm Y Hex Wrench Set

· BBT-9 Bottom Bracket for 16 notch external crankset system cups (SRAM, Shimano, FSA, Truvativ, Race Face, Zipp, etc)

· BBT-22 Cartridge Bottom Bracket Tool (for 20 tooth internal splines, such as Shimano, FSA, etc.)

· BO-2 Bottle Opener

· CBW-1 8 and 10mm Open End Wrench

· CBW-4 9 and 11mm Open End Wrench

· CC-3.2 Chain Checker Chain Wear Indicator

· CL-1 Synthetic Blend Chain Lube

· CM-5.2 Cyclone Chain Cleaner o CN-10 Cable and Housing Cutter o CNW-2 Chainring Nut Wrench

· CT-3.2 Professional Screw Type Chain Tool

· CWP-7 Crank Puller for Splined Octalink, ISIS Drive, and square-taper type

· FR-5 Cassette Lockring Tool for Shimano and similar brands

· GSC-1 GearClean Brush

· HT-8 8mm Hex Tool

· PPL-1 PolyLube 1000 Grease

· PW-3 Pedal Wrench

· SCW-13 13mm Professional Shop Cone Wrench o SCW-14 14mm Professional Shop Cone Wrench o SCW-15 15mm Professional Shop Cone Wrench o SCW-16 16mm Professional Shop Cone Wrench o SCW-17 17mm Professional Shop Cone Wrench o SCW-18 18mm Professional Shop Cone Wrench o SCW-19 19mm Professional Shop Cone Wrench o SD-0 Shop Screwdriver #0 Phillips

· SD-2 Shop Screwdriver #2 Phillips

F. Bike Multi Tool (CLIN 003)

· BLACKBURN TOOLMATOR (Brand Name or Equal)

· 17-Function Multi Tool

· One-piece aluminum frame with an ultra slim design

· Mini Shock Pump for trailside adjustments

· Hardened, forged and drawn chrome vanadium tool bits

· 1.5mm, 2mm, 2.5mm, 3mm, 4mm, 5mm, 6mm and 8mm Hex Keys

· Torx T25 and T30, Schrader Valve adjuster

· Bladed and Philips #2 Screwdrivers

· 10s chain breaker

· 14/15 gauge spoke wrenches

G. Repair Stand with Optional Tote Bag (CLIN 004)

· PRO ELITE STAND BY ULTIMATE SUPPORT (Brand Name or Equal)

· Secure-Lock mechanism allows quick placement of bicycle in stand

· Push ready button quickly and easily releases the bike

· Torque-amplifying conical clutch securely holds bicycle during 360 degree rotation

· Hinged arm folds down for transport and storage

· Anodized red aluminum o Clamp height 42" - 71" (1067mm-1800mm)

· Clamp opening accommodates tubes up to 2.6" (66 mm)

· Jaw width 3.25" (82.5 mm)

· Base diameter 57" (1450 mm) o Folded size 5.5 x 8 x 46" (140 x 203 x 1168 mm)

· Load capacity 85 lbs. (38.6 kg)

· Weight 13 lbs. (5.9 kg)

Deliverables

Delivery The police bikes shall be delivered by 30 July 2016.

SHIPPING INSTRUCTIONS:

DELIVERY TERMS: FOB Destination. The Contractor shall consolidate the entire shipment to prevent loss and misdirection. Any lost or damaged items during shipment shall be replaced by the contractor upon notification. Partial shipments are not allowed. When the order is ready for shipment, forward the shipment prepaid directly to:

Dispatch CRP:

GEO, last 7 digits of PO, Goldbelt Specialty 11380 NW 34th Street Doral, Fl 33178

Phone: 305-640-4574 Fax: 305-715-3502 E-mail: Despatch_Agency_Miami@state.gov

The items being acquired will be donated to the government of the ultimate destination Guyana. The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, licenses, and paperwork. Purchase order price includes delivery to the above-mentioned address and compliance with all applicable export/ITAR licensing requirements. If an export license is required, the items shall not be shipped until necessary export licenses are approved.

MARKING REQUIREMENTS:

American Embassy Guyana Police Bikes and Accessories POC: Leon Carr Purchase Order No. (To be provided upon award)

Customs Clearance and Tax Exemptions

If applicable, the U.S. Government will assist the Contractor in obtaining customs clearance and tax exemption certificates from the Government of Guyana in accordance with Section 8.1, Marking Requirements.

Solicitation Considerations

This is a brand name or equal to procurement, the Quoter certifies that it is an authorized distributer of the similar product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, the Quoter warrants that the products are new and in their original box (es).

New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel.

The Quoter confirms to have sourced all products submitted in this Quote from manufacturer- approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Quoter must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.

No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award.

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this acquisition which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this acquisition shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

Inspection/Acceptance (Addendum to FAR 52.212-4(a))

Final inspection/acceptance of deliverables will occur at the US Embassy Guyana by a Government representative. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the products at the Office of INL in Guyana.

Warranty (Addendum to FAR 52.212-4(o))

To facilitate expeditious return of warranty items and to avoid delays in the warranty process, the quoter must provide within 30 days of notification of a warranty action the required information to facilitate shipping of warranty items to manufacturer. This includes, but is not limited to:

· Information to ensure full compliance with ITAR regulations and no delay in providing the Reference RA# and a shipping address.

· Control Base Stations (Part Number for reference, followed by description and quantity)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

This RFQ incorporates one or more clauses and provisions by reference, with the same force and effect as if they were given in full text. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause or provision may be accessed electronically at these addresses:

FAR clauses/provisions may be accessed at: http://acquisition.gov/far/index.html

DOSAR clauses/provisions may be accessed at: http://www.statebuy.state.gov/dosar/dosartoc.htm

These addresses are subject to change. You may also use an Internet "search engine" (e.g., Yahoo, Google, etc.) to obtain the latest location of the most current FAR and DOSAR.

52.203-3 Gratuities.

52.203-5 Covenant Against Contingent Fees.

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

52.212-4 Contract Terms and Conditions-Commercial Items

52.232-1 Payments.

52.232-8 Discounts for Prompt Payment.

52.232-17 Interest.

52.232-39 Unenforceability of Unauthorized Obligations.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.237-3 Continuity of Services.

52.242-13 Bankruptcy.

52.242-17 Government Delay of Work

52.243-1 Changes-Fixed Price, Alternate I

52.245-9 Use and Charges.

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

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

52.253-1 Computer Generated Forms.

FAR Clauses - Full Text

FAR 59.209-7 Information Regarding Responsibility Matters (Jul 2013)

(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 indefinite- 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) If the 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)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

FAR 52.211-6 Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAR

2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended. “Sensitive technology”-

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

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

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

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

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

(1) Means a small business concern-

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

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

(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. The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. The offeror represents that-

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

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

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. The offeror represents that-

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

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

.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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). The offeror represents that it □ is a women-owned business concern.

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

(10) HUBZone small business concern. The offeror represents, as part of its offer, that-

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

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

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

[List as necessary]

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

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

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

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products:

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

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

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

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

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

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

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

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

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

(ii) Examples.

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

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

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

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

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

(1) Listed end products.

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

· (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

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

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

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

(2) □ Outside the United States.

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

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