Solicitation Clauses.pdf

SOLICITATION NUMBER

FA820120R0010

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

CLAUSE TITLE YEAR-

MO

SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2011-11 SEC K 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 2016-05 SEC I 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

Government of a Country that is a State Sponsor of Terrorism.

2019-05 SEC I

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations.

2018-03 SEC K

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01 SEC L 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials.

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten. 2019-12 SEC I 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01 SEC K

52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I 52.204-7 System for Award Management. 2018-10 SEC L

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 SEC L

252.211-7008 Use of Government-Assigned Serial Numbers. 2010-09 SEC I 252.246-7008 Sources of Electronic Parts. 2018-05 SEC I

5352.242-

Contractor Access to Air Force Installations 2007-08 SEC I

CLAUSES IN FULL TEXT

CLAUSE

NO CLAUSE TITLE YEAR-

MO

CLAUSE TEXT

52.212-1 ADDENDUM, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS 2015-10

1. GENERAL INSTRUCTIONS:

1.1. General Guidance

1.1.1 This section of the Instructions to Offerors provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to comply with requirements may result in the offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The offer shall consist of three separate volumes: Volume I – Contract Documentation, Volume II – Technical, and Volume III – Past Performance.

1.1.2 The CO has determined there is a high probability of adequate price competition in this acquisition.

Upon examination of the initial offers, the CO will review this determination and if, in the CO's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the CO determines that adequate price competition no longer exists, Offerors may be required to submit additional information to the CO for determination of fair and reasonable pricing.

1.1.3 The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offeror’s proposal.

1.1.4 The proposal acceptance period or validity of the proposal shall be for 90 calendar days from the closing date of the solicitation. The Offeror shall make a clear statement in the proposal documentation that the proposal is valid until this date.

1.1.5 In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposals.

1.2 General Information

1.2.1 Point of Contact

The Contracting Officer (CO) is the main point of contact for this acquisition. Address any questions or concerns you may have to the CO. Written requests for questions may be sent to the CO via email at randall.johnson.14@us.af.mil and brittney.sonnier@us.af.mil no later than 4:00 pm Mountain Daylight Time (MDT) on 22 May 2020.

1.2.2 Discrepancies

Should any portion of this solicitation contain a perceived error, omission or otherwise be unclear, the Offeror shall immediately email the CO, clearly describing the portion of the solicitation in question and the impact the discrepancy has on the Offeror’s ability to prepare their proposal.

1.2.3 Electronic Reference Documents

All referenced documents for this solicitation are available on the Beta SAM website (https://beta.sam.gov/).

Potential Offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

2. SPECIFIC INSTRUCTIONS

2.1 Receipt of Proposals

Electronic submissions by email is the only acceptable form of submission for responses to this solicitation.

Electronic submissions by email must be received no later than 4:00 pm Mountain Daylight Time (MDT) on 8 June 2020.

2.2 The Offeror shall prepare the proposal as set forth in the Proposal Organization Table 1.1 below. The titles and contents of the volumes shall be as identified below, all of which shall be within the required page limits and with the number of copies as specified. Pages exceeding the page limitations set forth in this Section will be removed from the proposal and will not be read or evaluated and may render the proposal unacceptable.

Table 1.1 Proposal Organizations

ELEMENT TITLE MAXIMUM

# PAGES

ELECTRONIC

COPIES

VOLUME

I

Contract Documentation (Forms, fill-ins, required information, documents, and records)

As required 1

VOLUME

II

Technical 10 1

VOLUME

III

Past Performance 10 1

2.4 The page limitation for all volumes is inclusive of all material except: the front and back cover, title page, transmittal letters, tabs, and table of contents. No material may be incorporated by reference. Each volume shall contain a table of contents.

2.5 All volumes shall be in PDF format and text using no smaller than 10 inch, Times New Roman Font.

Elaborate formats, bindings or color presentations are not desired or required.

3. VOLUME I – CONTRACT DOCUMENTATION

3.1 Complete applicable Offeror fill-ins and signature on first page of Standard Form (SF) 1449

3.1.1 The Offeror’s proposal shall include a signed copy of the Standard Form 1449. This includes:

3.1.2 Signature of acknowledgement of each Solicitation Amendment (if applicable).

3.2 Provide a firm fixed price (FFP) proposal in accordance with the Contract Line Item Numbers (CLINs) on SF 1449; fill-in all blanks for unit and total prices.

3.2.1 All proposed prices shall be submitted in U.S. dollars. All proposed prices shall extend to no more than two (2) places to the right of the decimal (i.e. prices proposed up to the “hundredths” decimal place).

3.3 Complete all applicable Offeror fill-ins of Provisions and Clauses of the SF 1449 https://beta.sam.gov/

4. VOLUME II – TECHNICAL

4.1 General: Information the Offeror deems appropriate to address the technical criteria should be included in the proposal in an orderly format and be consistent with the evaluation criteria for award set forth in the Addendum to FAR Clause 52.212-2 of this solicitation. Proposal paragraphs shall correspond to the below evaluation factor and pertinent technical documentation of the solicitation (Appendix A, Cover Purchase Description, and F-35 VLM Location) where referenced. To facilitate evaluation, the information contained in Volume II shall be specific, detailed, and clearly demonstrate that the Offeror has a thorough understanding of the requirement for the accomplishment of this effort.

5. VOLUME III – PAST PERFORMANCE

5.1 The Offeror shall provide relevant and recent past performance information on no more than five (5) contracts. Past performance information will be evaluated on a rating of Acceptable or Unacceptable.

5.2 Relevant Past Performance Information. The Offeror shall provide past performance information on previous and current contracts where the Offeror is or was responsible for performing services with a similar scope as that identified in the PWS.

5.3 Recent Past Performance Information. The Offeror shall provide past performance information on previous and current contracts for vertical lift modules within the last five years from the date of issuance of this solicitation.

5.4 The Government will evaluate the quality of the offeror's performance deemed relevant to the requirements of this RFP. The Government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess past performance. If work was performed as a subcontractor, teaming partner, key personnel, and joint venture state the overall contract value and associated subcontract value. In addition, the Offeror shall provide past performance information on any subcontractor, teaming partners, or joint venture partner who is anticipated to perform 25 percent or greater of the effort based on the total estimated cost, or who will perform efforts that are critical to the overall successful performance.

5.5 The information for each contract or subcontract shall include the following:

Contracting Agency or Customer Contract Number (for subcontractors, provide the prime contract number and subcontract number) Total Number of Vertical Lift Modules Date of Award Period of Performance Description of requirement Description of the role of the Offeror and each subcontractor Rationale supporting the Offeror’s assertion of relevance Contracting Officer’s Name or Commercial Customer Point of Contact, Telephone Number and E-mail address

(End of provision)

52.212-2 Evaluation-Commercial Items. 2014-10

EVALUATION-COMMERCIAL ITEMS (OCT 2014)

1.0 The Government will award one contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation is determined to be the lowest price technically acceptable (LPTA) proposal with acceptable past performance. The Government may award without discussions, reserving the right to hold discussions if deemed necessary by the CO.

The Evaluation Factors are:

(A) Factor 1 – Price

(B) Factor 2 – Technical

(C) Factor 3 – Past Performance

1.1 Factor 1 - Price. Proposed prices will be determined by multiplying the quantities identified in the SF 1449 Continuation Sheet by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amount and the total amount. The price evaluation will document the reasonableness and completeness of the total evaluated price.

1.1.1 Total Evaluated Price. The total evaluated price equals the unit price of the VLM multiplied by the quantity as stated in the SF 1449.

1.1.2 Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found in pricing as submitted by the Offeror.

(A) Obviously misplaced decimal points will be corrected;

(B) Discrepancy between unit price and extended price, the unit price will govern;

(C) Apparent errors in extension of unit prices will be corrected;

(D) Apparent errors in extended prices per CLIN will be corrected.

1.1.3 Solicitation Requirements – Terms and Conditions. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements (Solicitation attachments: Appendix A, Cover Purchase Description, F-35 VLM Location), in addition to those identified as evaluation factors. Failure to comply with the terms and conditions of the solicitation may result in the Offeror being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale.

1.2 Factor 2 - Technical. The technical criteria below will be used to evaluate proposals. The Offeror shall demonstrate that their capability of meeting the minimum technical requirements of the solicitation as contained in Appendix A, the Cover Purchase Description and the F-35 VLM Location. The ratings applied to the Technical Proposal will be Acceptable or Unacceptable.

RATING DEFINITION

Acceptable Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

1.3 Factor 3 - Past Performance. The Government will use the following procedures in evaluating past performance:

1.3.1 Evaluation Process. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance proposal Volume and information obtained from other sources available to the Government. The offeror’s past performance efforts will be assessed for: Recency, Relevancy and Performance Quality (how well the contractor performed on the contracts). The Government will only evaluate Performance Quality on past efforts that are determined to be both recent and relevant. Offerors must receive an Acceptable rating to receive an award

1.3.2 Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed within the last five (5) years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

1.3.3 Relevancy Assessment. The Government will conduct an evaluation of all recent performance information obtained to determine whether the work performed under those contracts is relevant. For each recent past performance citation reviewed, the relevance of the work performed will generally be assessed “as to the relevancy of the effort as defined in the table below. A relevancy determination of the offeror’s past performance will be made based upon the aforementioned considerations, including joint venture partner(s), major and critical subcontractor(s), and key personnel. In determining the relevancy of effort performed under individual past performance contracts, the government will only consider the specific effort or portion consistent with that proposed by the prime, subcontractor or teaming partner. The Past and Present Performance Questionnaire and information obtained from other sources will be used to establish the relevancy of past performance. The Government will use the following relevancy definitions:

Past Performance Relevancy Ratings RATING Definition Relevant Past performance effort involved both a similar scope as that identified in the

Appendix A and the Cover Purchase Description.

Not Relevant

Past performance effort did not provide both a similar scope as that identified in the Appendix A and the Cover Purchase Description.

1.3.4 The Government will determine how well the offeror performed on past contracts that are both recent and relevant, and, based on an integrated assessment, assign a rating of “Acceptable or “Unacceptable” as described in the table below.

Past Performance Evaluation Ratings RATING Definition Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability or unacceptability, “Unknown” shall be considered “Acceptable.”

1.3.5 The quality assessment consists of an evaluation of recent and relevant past performance information available, regardless of its source. The quality assessment may reveal positive or adverse past performance information. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comment received from sources without a formal rating system. Multiple ratings of less than “Satisfactory” in Contractor Performance Assessment Reporting System (CPARS) and/or Past Performance Questionnaires (PPQs) may result in a performance quality assessment rating of “Unacceptable.” Offerors may be given an opportunity to respond to adverse past performance information for which they have not previously had an opportunity to address in accordance with FAR 15.306.

1.4 Award Process: The Government intends to award to the lowest price, technically acceptable Offeror with an Acceptable past performance rating. The evaluation process is as follows; discussions may or may not be held, the Government reserves the right to hold discussions at any point during the evaluation:

1.4.1 Price. The evaluation process will begin with a ranking of offers based on the total evaluated price from the lowest to highest price of all proposals.

1.4.2 Technical. The lowest priced proposal will then be evaluated for Technical Acceptability. An Offeror must have an Acceptable rating for Factor 2 to be eligible for award.

(A) If the lowest priced Offeror’s technical proposal is “Unacceptable”, the next lowest Offeror’s technical proposal will be evaluated, continuing until an offer with an “Acceptable” technical rating with acceptable past performance is identified.

1.4.3 Past Performance. The lowest priced, technically acceptable Offeror’s Past Performance will be evaluated. The Government reserves the right that:

(A) If the lowest priced, technically acceptable Offeror’s past performance is determined to be “Acceptable,” the evaluation process may stop and the award may be made to that Offeror.

(B) If the lowest priced, technically acceptable Offeror’s past performance is determined to be “Unacceptable,” the Government will evaluate the technical proposal of the next lowest Offeror. This process will continue, as needed, until an Offeror is rated “Acceptable” for Past Performance.

1.4.4 Fair and Reasonable Determination. Determination will be made in accordance with paragraph 1.1 prior to contract award.

1.5 The Government may consider to review individual past performance of joint venture partners, teaming arrangements, or subcontractors.

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

52.212-3 Offeror Representations and Certifications-Commercial Items. 2019-12

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications-Commercial Items (Dec 2019)

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

(a) Definitions. As used in this provision-

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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;

http://www.sam.gov/

(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.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"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"-

"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 veteransor, 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 with13 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 at13 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 CFR124.104(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

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"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 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.

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 least51 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.

(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 in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it http://www.sam.gov/ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

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

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

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-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 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). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is a women-owned business concern.

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-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 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 Order11246-

(1) Previous contracts and compliance. The offeror represents that-has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and has, has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-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 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 http://uscode.house.gov/

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:

Line Item No. Country of Origin

[List as necessary]

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

http://uscode.house.gov/

(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 $3,500 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.

Listed End Product Listed Countries of Origin

(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.]

(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1).

The offeror does does not certify that-

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental…