OSPSP0600-08-R-0033-OfferorSubmissionPackage(09JAN2008).pdf
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- Attached to
- Amendment 0006 to AEM Soln. SP0600-08-R-0033
- Solicitation number
- SP0600-08-R-0033
- Issued by
-
Defense Logistics Agency Energy
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Offeror Submission Package Portion of AEM SOLN.
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PURCHASE PROGRAMS: 1.1b, 1.1d, 1.1i, 1.1j
THE ENCLOSED SOLICITATION COVERS THE PERIOD:
DELIVERY PERIOD
ATLANTIC/EUROPEAN/MEDITERRANEAN
JULY 1, 2008, THROUGH JUNE 30, 2009,
plus a 30 day carry-over period
NORTHEAST/ GREENLAND
JULY 1, 2008, THROUGH AUGUST 31, 2008,
plus a 30 day carry-over period
TO BE TIMELY, OFFERS MUST BE RECEIVED AT THE
DEFENSE ENERGY SUPPORT CENTER BY:
FEBRUARY 12, 2008, 1:00 P.M. LOCAL TIME
INSTRUCTIONS
1. One copy of this Certification Package must be returned to the Defense Energy Support Center as you offer. All documents to be completed and returned are contained in this Offeror Submission Package:
X Standard Form 1449 X Offer Schedule and Additives (Additives are for JP8 offers only) X Offer Information Sheet X All Applicable Fill-In Clauses
2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Initial all changes. Sign and date the Standard Form 1449 in ink.
3. If you are submitting your offer by facsimile or by e-mail, please limit your facsimile or e-mail transmission to the contents of this Offeror Submission Package.
4. By submission of this package, you are stating that ALL terms and conditions of the entire solicitation are accepted and apply to your offer unless clearly stated herein.
5. The facsimile number to submit offers is (703) 767-0488. The e-mail address is BulkFuelsBidCustodian@dla.mil.
OFFEROR
SUBMISSION
PACKAGE
SOLICITATION: SP0600-08-R-0033
mailto:BulkFuelsBidCustodian@dla.mil
SP0600-08-R-0033
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
SC0600-08-0131/0132/0133
2. CONTRACT NO.
3.AWARD/EFFECTI
VE DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
6. SOLICITATION
ISSUE DATE
January 11, 2008
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME Glenn Rowinski
b. TELEPHONE NUMBER (no collect calls)
(703) 767-9311
8. OFFER DUE DATE/
LOCAL TIME
February 12, 2008, @ 1:00PM
9. ISSUED BY
CODE
SC0600 10. THIS ACQUISITION IS 11. DELIVERY FOR
FOB
12. DISCOUNT
TERMS
ATTN DESC BFB RM 2954
DEFENSE ENERGY SUPPORT CENTER
UNRESTRICTED
SET ASIDE %
FOR
DESTINATION
UNLESS BLOCK IS
MARKED
SEE SCHEDULE
8725 JOHN J. KINGMAN RD, SUITE 4950
FORT BELVOIR, VA 22060-6222
13a. THIS CONTRACT IS RATED
ORDER UNDER DPAS (15 CFR 700)
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A) 13b. RATING
NAICS: 324110 14. METHOD OF SOLICITATION
PPN(S): 1.1d, 1.1i, 1.1b SIZE STANDARD: See Clause
L2.05-2
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE SP0600
SEE SCHEDULE SEE BLOCK 9
17a. CONTRACTOR /
OFFEROR CODE
FACILITY
CODE
18a. PAYMENT WILL BE MADE BY
CODE
HQ0104
TELEPHONE NO.
FAX. NO.
Defense Finance and Accounting Service Columbus Center Stock Fund Directorate, Fuels Accounting and Payments Division Attn: DFAS-CVDBBB/CO P.O. Box 182317 Columbus, OH 43218-6250
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH
ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS
BLOCK BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
**SEE CLAUSE B1**
(Use Reverse and/or Attach Additional Sheets as
Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) ESTIMATED:
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED., 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1____ COPIES
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO
THE TERMS AND CONDITIONS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: ____OFFER DATED
______. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY
ADDITIONS OR CHANGES, WHICH ARE SET FORTH HEREIN, IS
ACCEPTED AS TO ITEMS:.
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
31c. DATE
SIGNED
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED
32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE
SIGNED
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER
PARTIAL FINAL
34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK
NUMBER
38. S/R ACCOUNT NUMBER
39. S/R VOUCHER
40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
41b. SIGNATURE AND TITLE OF CERTIFYING
41c. DATE
42c. DATE REC’D (YY/MM/DD)
42d. TOTAL CONTAINERS
PerFORM (DLA) STANDARD FORM 1449 (REV. 4/2002) Prescribed by GSA FAR (48 CPR) 53.212
O-3
SEGMENT I
CLAUSE
CLAUSE TITLE
PAGE (S)
OFFER SUBMISSION PACKAGE
SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
O-2
INDEX INDEX OF CLAUSES
O-3
SCHEDULE OFFER SCHEDULE & ADDITIVE COST (FOR JP8 OFFERS ONLY)
O-5
OFFER INFO
SHEET
OFFER INFORMATION SHEET
O-6
SECTION F
F29.01 CONTRACTOR ORDERING AGENTS (DESC FEB 1995)
O-9
F92.01 SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS (OVERSEAS BULK)
(DESC JUN 2005)
SECTION G
G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DESC DEC 1999)
O-10
G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE
(DESC MAR 2003)
O-11
G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE
TRANSFER SYSTEM (DESC JAN 2007)
O-13
G9.09-1 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL
CONTRACTOR REGISTRATION (MAY 1999)
O-14
G9.11 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS
TRANSFER INFORMATION (MAY 1999)
O-16
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CLAUSE
CLAUSE TITLE
PAGE (S)
SECTION J
LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS
ATTACHMENT
STANDARDIZED FORMAT FOR USE IN THE PREPARATION OF PRODUCT TEST REPORTS
(FEB 2007)
ATTACHMENT
SINGNATURE SHEET FOR BULK PORTS
SECTION K
K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS
(ALTERNATES I/II) (NOV 2007/APR 2002/OCT 2000)
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K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS
(JUN 2005)
O-26
K1.06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)
O-27
K5 USE OF ELECTRONIC DATA INTERCHANGE (DESC JUL 2007)
K15.01 RELEASE OF UNIT PRICES (BULK) (DESC NOV 2002)
O-28
K28 REFINERY INFORMATION (BULK) (DESC JUN 1986)
O-29
K28.01 NOTIFICATION OF VESSEL EXPECTED TIME OF ARRIVAL (ETA) (DESC MAR 1992)
(REV)
K45.01 FACSIMILE OR ELECTRONIC INVOICING (DESC JAN 1998)
K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A
TERRORIST COUNTRY (OCT 2006)
O-30
K86 FOREIGN TAXES (DESC JUN 1987)
K93 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)
O-31
SECTION L
L2.05-2 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (BULK) (DESC DEC 2007)
O-32
L2.07 EVIDENCE OF RESPONSIBILITY (DESC JAN 1998)
O-34
L5.05 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2001) –
DLAD
O-35
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NOTE: Review the Schedule of Requirements located in the Addendum of the Solicitation on Pages A-6 through A-17. After your review of the requirements, complete the OFFER SCHEDULE and OFFER INFORMATION SHEET below.
OFFER SCHEDULE
ITEM
PRODUCT
QTY (USG)
MODE
(O)
ORIGIN
OR
(D)
DESTINATION
SHIPPING/FOB POINT*
OFFER
UNIT PRICE
(USD/USG)
EFFECTIVE
DECEMBER 12, 2007
*If offering FOB origin, put the shipping point.
If offering FOB destination, put the receiving activity location.
ADDITIVE COST (FOR JP8 OFFERS ONLY)
Please provide the cost of Fuel System Icing Inhibitor (FSII): at a concentration of 0.10 - 0.15, volume, percent.
Does the unit price contain the cost of FSII: Yes No
Please provide the cost of Corrosion Inhibitor (CI): .
Does the unit price contain the cost of CI: Yes No
Please provide the cost of Static Dissipator Additive (SDA): .
Does the unit price contain the cost of SDA: Yes No
JP8 will be evaluated with or without FSII, CI, and SDA, as applicable.
O-6
OFFER INFORMATION SHEET
1. State the minimum/maximum quantities for award by product and by shipping point for each method of delivery:
SHIPPING POINT
MINIMUM
QUANTITY
(U.S. GALLONS)
MAXIMUM
QUANTITY
(U.S. GALLONS)
2. State the minimum/maximum quantities (parcel size) for each individual lift at each shipping point for each method of delivery by product:
MINIMUM
QUANTITY
(U.S. BARRELS)
MAXIMUM
QUANTITY
(U.S. BARRELS)
3. State the maximum quantity available per month per product for each method of delivery and shipping point:
MAXIMUM MONTHLY
QUANTITY (USG)
4. State the minimum number of days between lifts per product for each method of delivery and shipping point per product
(please state if there is no interval required between lifts):
NUMBER OF DAYS
BETWEEN LIFTS
O-7
OFFER INFORMATION SHEET CONT'D
5. Specify maximum ballast receiving capability for each shipping point:
NOTES:
A. FOR EVALUATION PURPOSES ONLY: DESC will add 5 days to offered tanker lift intervals and 3 days to offered barge lift intervals to determine if the maximum total quantity offered for each offered item can be lifted under a resultant contract. Additionally, if multiple lift intervals are offered, DESC will evaluate the maximum quantity for award based on the most restrictive lift interval. These evaluation factors were derived from operational scheduling realities and will be used only for evaluation purposes. The Government reserves the right to schedule lifts in accordance with the lift intervals indicated in the Schedule of the resultant contract. If the evaluation of each item results in less total quantity than the total quantity offered for that item, then the Government may not award more than the evaluated total quantity. However, offerors should consider the Government's evaluation factors for tanker and barge lift intervals to assure lift intervals and parcel sizes provide for full evaluation of total offered quantity for all items by all modes of delivery.
B. Unless you define otherwise, lift interval is the time between when the vessel completes loading (released by the Government Inspector) until the
Scheduled Delivery Date of the next lifting for a specific product.
C. For companies offering FOB destination barge, the additional three (3) days that are added on the lift interval for evaluation purposes does not apply. In addition, offers FOB destination barge are not penalized for any operational constraints such as daylight berthing and quantities less than a full vessel.
D. For evaluation of offers against requirements on the UK Pipeline (PL) System, a pipeline rate of $0.000000 (or no cost) will be considered for movement of product within the UK PL System. This is due to the fact that for the U.S. Government, use of the UK PL System is a fixed cost, and that does not change with the movement of the product.
6. Identify the Mean Low Water (MLW) depth at the shipping point and the channel approach leading to the dock.
(Identify the most restrictive point).
(FEET) (SHIPPING POINT)
Any water depth at MLW of less than 38 feet (36 feet from Clause F52 plus 2 feet for safety allowance) for TANKER will receive a penalty.
7. FOR ALL NEW OFFERORS/NEW LOCATIONS OFFERED ONLY
Please provide the map coordinates for your shipping point/refinery point.
(MAP COORDINATES)
8. State your vessel Length Overall (LOA) restriction/capacity for each offer using FOB origin BARGE or TANKER method of delivery for each shipping point:
LOA MODE SHIPPING POINT
Minimum LOA of 675 feet for TANKER lifts is required in order to accommodate vessels employed by the Government for FOB origin requirements specified in this solicitation.
O-8
OFFER INFORMATION SHEET CONT'D
9. Specify any other port restrictions that would apply to a vessel loading at the facility (i.e., height restrictions from vessel waterline to vessel manifold; vessel Dead Weight Tonnage (DWT); requirements for inert gas systems; vapor control hook-ups; closed loading; and vessel inspections; daylight berthing only; etc.):
10. Specify operating hours for berthing and loading at each shipping point:
BERTHING:
LOADING:
NOTES:
A. Please see Clause F52.01, which provides the standards for accepting or rejecting a vessel. This clause will apply to all vessels utilized by DESC including spot charters.
B. Any restriction is subject to the Government applying a transportation penalty for evaluation purposes. Any restriction not identified will not be considered when calculating laytime allowance (See Clauses F15/F52).
11. Please provide the Maximum Tanker/Barge Size that your facility can handle.
Cargo Capacity: ______________________
Beam: ____________________
12. Please provide the Maximum Shipping Rate in Barrels Per Hour.
Barge: ___________________________
Tanker: ____________________________
Pipeline: ____________________________
13. Please provide any vetting criteria.
14. Please provide DUNS Number:
SECTION F
F29.01 CONTRACTOR ORDERING AGENTS (DESC FEB 1995)
Orders placed hereunder shall be directed to the prime Contractor at the address indicated on the cover page unless another address is indicated below.
(NOTE: Offeror to complete when submitting proposal.)
(DESC 52.216-9F85)
F92.01 SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS (OVERSEAS BULK) (DESC JUN 2005)
(a) The offeror shall furnish to the Contracting Officer a tentative refinery shutdown schedule for the contract period. DESC will review the offered quantity in conjunction with the turnaround period to ensure that the entire offered quantity can be delivered during the performance period.
The offeror will identify the specific period(s) when the refinery will be shut down and the effect that the shutdown will have on availability of each product under the offer. Any revisions to this schedule will necessitate prior notice of at least 60 days in order to coordinate the placement of orders for the delivery of the entire contract volume.
(b) The offeror shall provide the following information:
(1) Refinery location;______________________________________________________________________________________
(2) Shutdown period; and___________________________________________________________________________________
(3) Impact of shutdown period on supply availability._____________________________________________________________
(DESC 52.211-9F46)
O-10
SECTION G
G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DESC DEC 1999)
Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause.)
Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:
(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
(b) Check Remittance Address:
(DO NOT EXCEED 30 CHARACTERS PER LINE)
(c) Narrative Information (special instructions).
(DO NOT EXCEED 153 CHARACTERS)
(DESC 52.232-9F55)
O-11
THIS CLAUSE APPLIES ONLY TO DESC-FUNDED ITEMS FOR DOMESTIC AND FOREIGN SUPPLIERS WHO CHOOSE TO BE PAID BY THE CORPORATE TRADE EXCHANGE WHEN THE RECEIVING BANK IS LOCATED IN THE UNITED
STATES .
G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DESC MAR 2003)
(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.
NAME OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 29 CHARACTERS)
CITY AND STATE OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 20 CHARACTERS)
AMERICAN BANKERS ASSOCIATION NINE DIGIT IDENTIFIER OF RECEIVING BANK: | | | | | | | | | |
ACCOUNT TYPE CODE: (Contractor to designate one)
[ ] CHECKING TYPE 22
[ ] SAVINGS TYPE 32
RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHESES: | | | | | | | | | | | | | | | |
(DO NOT EXCEED 15 CHARACTERS)
RECIPIENT'S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
STREET ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
CITY AND STATE: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
NOTE: Additional information may be entered in EITHER paragraph (b) OR paragraph (c) below. Total space available for information entered in (b) OR (c) is 153 characters.
(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:
OR
O-12
G9.07 CONT’D
(c) THIRD PARTY INFORMATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractor's account, the following information must be supplied by the Contractor: Second Bank Name, City/State and/or Country, Account Number, and Account Name.
(d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER INFORMATION.
NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TITLE: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TELEPHONE NUMBER: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
SIGNATURE: ______________________________________________________________________
(e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this clause must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.
(f) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.
(g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check.
(h) NOTICE TO FOREIGN SUPPLIERS.
(1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable of receiving ACH transactions. The appropriate American Bankers Association nine-digit identifier must be supplied in order for payments to be processed through CTX.
(2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above.
(3) The Third Party information supplied in (c) above will be located in the first RMT segment of the CTX payment information sent to the receiving bank.
(i) Notwithstanding any other provision of the contract, the requirements of this clause shall control.
(DESC 52.232-9FJ1)
O-13
THIS CLAUSE APPLIES ONLY TO DESC-FUNDED ITEMS FOR FOREIGN SUPPLIERS WHO CHOOSE PAYMENT BY THE FEDERAL RESERVE WIRE TRANSFER SYSTEM, WHICH DOES NOT REQUIRE THE RECEIVING BANK TO BE
LOCATED IN THE UNITED STATES .
G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM
(DESC JAN 2007)
(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN.
(b) Any change by the Contractor in the designation of the bank account to receive electronic transfer of funds in accordance with this clause must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.
(c) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.
COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR PRINTING)
RECIPIENT’S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
ORIGINATOR ABA: ____044036205____ (DESC fill-in)
CONTRACT NUMBER: ______________________________________________ (DESC fill-in)
RECIPIENT’S CAGE CODE: __________________
[ ] CHECKING TYPE 22
[ ] SAVINGS TYPE 32
RECIPIENT’S DUNS NUMBER: ______________________________________
BENEFICIARY’S BANK NAME: | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 29 CHARACTERS)
BENEFICIARY’S BANK ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
(DO NOT EXCEED 25 CHARACTERS)
BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________
BENEFICIARY’S BANK SWIFT NUMBER: | | | | | | | | | | | |
(EITHER 8 OR 11 CHARACTERS ONLY)
IBAN NUMBER: ______________________________________
BENEFICIARY’S BANK SORT CODE: | | | | | | | (FOR BANKS IN THE UNITED KINGDOM ONLY)
(6 CHARACTERS ONLY)
O-14
G9.07-5 CONT’D
(d) CONTRACTOR’S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER INFORMATION.
NAME | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TITLE | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TELEPHONE NUMBER | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
SIGNATURE _______________________________________________________
(e) Notwithstanding any other provision of the contract, the requirements of this clause shall control.
(DESC 52.232-9FJ2)
G9.09-1 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR
REGISTRATION (MAY 1999)
(a) METHOD OF PAYMENT.
(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term EFT refers to the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).
(b) MANDATORY SUBMISSION OF CONTRACTOR’S EFT INFORMATION.
(1) The Contractor is required to provide the Government with the information required to make contract payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information no later than 5 days after award. If not otherwise designated in the contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated payment office(s).
(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.
(c) MECHANISMS FOR EFT PAYMENT. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal Payments through the ACH are contained in 31 CFR Part 210.
(d) SUSPENSION OF PAYMENT.
(1) The Government is not required to make any payment until after receipt, by the designated office, of the correct EFT information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of any delays in accrual of interest penalties apply.
(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than the 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the changed EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor’s request for suspension shall extend the due date for payment by the number of days of the suspension.
O-15
G9.09-1 CONT’D
(e) LIABILITY FOR UNCOMPLETED OR ERRONEOUS TRANSFERS.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for--
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--
(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously direct funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provision of paragraph (d) shall apply.
(f) EFT AND PROMPT PAYMENT. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.
(g) EFT AND ASSIGNMENT OF CLAIMS. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.
(h) LIABILITY FOR CHANGE OF EFT INFORMATION BY FINANCIAL AGENT. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor’s financial agent.
(i) PAYMENT INFORMATION. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.
(j) EFT INFORMATION. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause.
(1) The contract number (or other procurement identification number).
(2) The Contractor’s name and remittance address, as stated in the contract(s).
(3) The signature (manual or electric, as appropriate), title, and telephone number of the Contractor official authorized to provide this information.
(4) The name, address, and 9-digit Routing Transit Number of the Contractor’s financial agent.
contract, and account number at the Contractor’s financial agent.
(5) The Contractor’s account number and the type of account (checking, savings, or lockbox).
(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent.
(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor’s financial agent is not directly on-line to the Fedwire Transfer System and, therefore, not the receiver of the wire transfer payment.
(FAR 52.232-34)
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G9.11 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER
INFORMATION (MAY 1999)
(a) As provided in paragraph (b) of the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information , in lieu of the payment office of this contract.
(b) The Contractor shall send all EFT information and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).
(c) DESIGNATED OFFICE.
Name: Defense Energy Support Center
Mailing Address: Attn: DESC-BFB, Room 2954
8725 John J. Kingman Road, Suite 4950
Fort Belvoir, VA 22060-6222
Telephone Number(s): (703) 767-9311
Person(s) to Contact: Glenn Rowinski
Electronic Address: Glenn.Rowinski@dla.mil
(FAR 52.232-35)
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SECTION J
LIST OF DOCUMENTS, EXHIBITS, & OTHER ATTACHMENTS
ATTACHMENT 1 STANDARDIZED FORMAT FOR USE IN THE PREPARATION OF PRODUCT TEST REPORTS
(FEB 2007)
ATTACHMENT 2 SIGNATURE SHEET FOR BULK PORTS
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SECTION K
K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (ALTERNATES I/II)
(NOV 2007/APR 2002/OCT 2000)
An offeror shall complete only paragraph (l) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (k) of this provision.
(a) DEFINITIONS. As used in this provision-- Emerging small business means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.
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 of penalties.
Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
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 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.
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 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 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.
(b) TAXPAYER IDENTIFICATION NUMBER (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
http://orca.bpn.gov/
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K1.01-10 CONT’D
(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.
(3) TAXPAYER IDENTIFICATION NUMBER (TIN).
[ ] TIN: ____________________
[ ] TIN has been applied for.
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of a Federal government;
(4) TYPE OF ORGANIZATION.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other: ________________________________________.
(5) COMMON PARENT.
[ ] Offeror is not owned or controlled by a common parent.
[ ] Name and TIN of common parent:
Name _________________________________________
TIN ______________________________
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) SMALL BUSINESS CONCERN. The offeror represents as part of its offer that it--
[ ] is [ ] is not a small business concern.
(2) VETERAN-OWNED SMALL BUSINESS CONCERN. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it—
[ ] is [ ] is not a veteran-owned small business concern.
(3) SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS CONCERN. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it—
[ ] is [ ] is not a service-disabled veteran-owned small business concern.
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K1.01-10 CONT’D
(4) SMALL DISADVANTAGED BUSINESS CONCERN. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it--
[ ] is [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) WOMEN-OWNED SMALL BUSINESS CONCERN. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it--
[ ] is [ ] is not a woman-owned small business concern.
NOTE: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) 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.
(7) 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.
(8) SMALL BUSINESS SIZE FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM AND FOR THE TARGETED INDUSTRY CATEGORIES UNDER THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)
(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs)). The offeror represents as part of its offer that it--
[ ] is [ ] is not an emerging small business.
(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs)). The offeror represents as follows:
(A) The offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or
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K1.01-10 CONT’D
(B) The offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).
(Check one of the following:)
AVERAGE ANNUAL GROSS
NUMBER of EMPLOYEES REVENUES
[ ] 50 or fewer [ ] $1 million or less [ ] 51 - 100 [ ] $1,000,001 - $2 million [ ] 101 - 250 [ ] $2,000,001 - $3.5 million [ ] 251 - 500 [ ] $3,500,001 - $5 million [ ] 501 - 750 [ ] $5,000,001 - $10 million [ ] 751 - 1,000 [ ] $10,000,001 - $17 million [ ] Over 1,000 [ ] Over $17 million
(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS, or FAR 52.219-25, SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM - DISADVANTAGED STATUS AND REPORTING, and the offeror desires a benefit based on its disadvantaged status.)
(i) GENERAL. The offeror represents that either--
(A) It--
[ ] is [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It--
[ ] has [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) JOINT VENTURE UNDER THE PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:
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K1.01-10 CONT’D
(iii) ADDRESS. The offeror represents that its address—
[ ] is [ ] is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. Address, as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, address refers to the address of the small disadvantaged business concern that is participating in the joint venture.
(10) HUBZONE SMALL BUSINESS CONCERN. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that--
(i) It--
[ ] is [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns Maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and
(ii) It--
[ ] is [ ] is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:
Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) The offeror shall check the category in which its ownership falls:
[ ] Black American
[ ] Hispanic American
[ ] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
[ ] Asian-Pacific American (persons with origin from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
[ ] Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
[ ] Individual/concern, other than one of the preceding.
http://www.arnet.gov/References/sdbadjustments.htm
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(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 Subparts 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 $100,000). 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, OMG 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) TRADE AGREEMENTS CERTIFICATE (JAN 2005) (DFARS 252.225-7020). (Applies only if DFARS clause 252.225-7021, TRADE AGREEMENTS (NOV 2006), is incorporated by reference in this solicitation.) DFARS 252.225-7020 is hereby incorporated by reference in its entirety; only the certification portion is reproduced below.
(1) For all line items subject to the TRADE AGREEMENTS clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in subparagraph (2) below, is a U.S.-made qualifying country, or designated country end product.
(2) The following supplies are other nondesignated country end products:
(Line item no.) (Country of origin)
(g) BUY AMERICAN ACT – FREE TRADE AGREEMENTS – BALANCE OF PAYMENTS PROGRAM CERTIFICATE (OCT 2006) (DFARS 252.225-7035). (Applies only if DFARS clause 252.225-7036, BUY AMERICAN ACT – FREE TRADE AGREEMENTS – BALANCE OF PAYMENTS PROGRAM (OCT 2006) is incorporated by reference in this solicitation.) DFARS 252.225-7035 is hereby incorporated by reference in its entirety; only the certification portion is reproduced below.
(1) For all line items subject to the BUY AMERICAN ACT – FREE TRADE AGREEMENTS – BALANCE OF PAYMENTS PROGRAM clause of this solicitation, the offeror certifies that—
(i) Each end product, except the end products listed in subparagraph (2) below, is a domestic end product; and
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K1.01-10 CONT’D
(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
(2) The offeror shall identify all end products that are not domestic end products.
(i) The offeror certifies that the following supplies are qualifying country (except Australian and Canadian) end products:
(Line item number) (Country of origin)
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products or Moroccan end products:
(Line item number) (Country of origin)
(iii) The following supplies are other foreign end products including end products manufactured in…
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