09R0061 OSP.pdf

OFFER SUBMISSION

PACKAGE

SOLICITATION: SP0600-09-R-0061

PROGRAM: 2.2A, 2.2C, 2.5A

THE ENCLOSED SOLICITATION COVERS THE PERIOD: APRIL 1, 2009

THROUGH: MARCH 31, 2010

To be timely, offers must be received at the Defense Energy Support Center by: OCT 31, 2008 @ 3:00 P.M. LOCAL TIME.

INSTRUCTIONS:

1. One copy of this Offer Submission Package must be returned to the Defense Energy Support Center as your offer. All documents to be completed and returned are contained in this Offer Submission Package:

X Standard Form 1449

X Origin Offer Cards

X Destination Offer Cards

X Offer Information Sheet

X All Applicable Fill-In Clauses

_______X______Small Business Subcontracting Plan

_______X_____ Standardized Format For Use in the Preparation of Product Test Reports

_______X_____ Signature Sheet for Bulk Ports

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, please limit your facsimile transmission to the contents of this Offer 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.

ATTACHMENT #1

SP0600-09-R-0061

OSP- i

OFFEROR SUBMISSION PACKAGE

INDEX OF CLAUSES

CLAUSE NUMBER CLAUSE TITLE PAGE

OFFEROR SUBMISSION PACKAGE INDEX OF CLAUSES OSP-i

SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OSP-1

ORIGIN OFFER CARD OSP-2

DESTINATION OFFER CARD OSP-3

OFFER INFORMATION SHEET OSP-4

SECTION F

F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND OSP-10

DETENTION RATES (BULK/LUBES) (DESC JUN 1996)

F92.02 SCHEDULE OF CONTRACTOR’S REFINERY SHUTDOWNS FOR TURNAROUNDS OSP-10

(DOMESTIC BULK) (DESC JUN 2005)

SECTION G

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – CORPORATE TRADE OSP-11

EXCHANGE (DESC MAR 2003)

G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE OSP-13

TRANSFER SYSTEM (DESC JAN 2007)

SECTION J

STANDARDIZED FORMAT FOR USE IN THE PREPARATION OF ATTACHMENT 2 TO OSP

PRODUCT TEST REPORTS

SIGNATURE SHEET FOR BULK PORTS ATTACHMENT 3 TO OSP

DESC FORM 19.3– SMALL BUSINESS SUBCONTRACTING PLAN ATTACHMENT 4 TO OSP

OSP- ii

SECTION K

K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL OSP-16

ITEMS (CONT’D) (DESC FEB 1999)

K1.01.10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL OSP-16

ITEMS (ALTERNATES I/II) (JUN 2008/APR 2002/OCT 2000)

K5 USE OF ELECTRONIC DATA INTERCHANGE (DESC JUL 2007) OSP-26

K28 REFINERY INFORMATION (BULK) (DESC JUN 1986) OSP-28

K28.01 NOTIFICATION OF VESSEL EXPECTED TIME OF ARRIVAL (ETA) OSP-28

(DESC MAR 1992) (REV)

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) OSP-28

K45.01 FACSIMILE OR ELECTRONIC INVOICING (DESC JAN 1998) OSP-29

K86 FOREIGN TAXES (DESC JUN 1987) OSP-29

K93 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA OSP-30

(AUG 1992)

K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (MAY 2008) OSP-30

SECTION L

L65.10 REQUIREMENTS FOR INFORMATION OTHER THAN COST OR PRICING DATA OSP-32

(DESC AUG 2003)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

SP0600-08-0146/0147/0148

2. CONTRACT NO.

3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE

DATE OCT 6 , 2008

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MATTHEW SHUSTER – DESC-BCB

REGINA GRIFFIN – DESC-BCA

b. TELEPHONE NUMBER (no collect calls)

(703) 767-9250

(703) 767-9261

8. OFFER DUE DATE/

OCT 31 , 2008 @ 3:00 PM

LOCAL TIME

9. ISSUED BY CODE SP0600 10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB

12. DISCOUNT TERMS

ATTN: DESC BCA RM 2954

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J KINGMAN RD SUITE 4950

[ ] UNRESTRICTED

[ X] SET ASIDE 46.22% FOR

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

FORT BELVOIR VA 22060-6222 13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

[ X ] SMALL BUSINESS

[ ] HUBZONE SMALL

BUSINESS

8(A) 13b. RATING

P.P.: 2.2A, 2.2C, 2.5A NAICS: 324110 MFR/424720 DLR 14. METHOD OF SOLICITATION

SIZE STANDARD: SEE CLAUSE

L2.05-2

[ ] RFQ [ ] IFB [ X ] 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

DEFENSE FINANCE AND ACCOUNTING SERVICE – COLUMBUS CENTER

STOCK FUND DIRECTORATE

FUELS ACCOUNTING AND PAYMENTS DIVISION

ATTN: DFAS-JAQBAD/CC

P.O. BOX 182317

COLUMBUS OH 43218-6250 FAX: (614) 692-2630

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 B14.03 (SCHEDULE)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

ESTIMATED

[ X ] 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.

[ X ] 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: REFERENCE 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)

RONALD O. BRANCH

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 NUMBER 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)

PB-1

PB-1

Prescribed by GSA FAR (48 CPR) 53.212

OSP-2

ORIGIN OFFER CARD

GRADE OF PRODUCT_________________

SHIPPING POINT_________________________ MAXIMUM QTY___________________

ORIGIN PRICE PER GALLON (SPECIFY WITH OR WITHOUT FSII and/or SDA)

TANKER OR BARGE PIPELINE TANK CAR TRANSPORT

VESSEL (TK) (B) (P) (TC) TRUCK (TT)

FUEL SYSTEM ICING INHIBITOR FACTOR $

STATIC DISSIPATOR ADDITIVE FACTOR $

ORIGIN PRICE PER GALLON (SPECIFY WITH OR WITHOUT FSII and/or SDA)

TANKER OR

VESSEL (TK)

BARGE

(B)

PIPELINE

(P)

TANK CAR

(TC)

TRANSPORT

TRUCK (TT)

STATIC DISSIPATORADDITIVE FACTOR $

ORIGIN PRICE PER GALLON (SPECIFY WITH OR WITHOUT FSII and/or SDA

TANKER OR BARGE PIPELINE TANK CAR TRANSPORT

VESSEL (TK) (B) (P) (TC) TRUCK (TT)

STATIC DISSAPATOR ADDITIVE FACTOR $

OSP-3

DESTINATION OFFER CARD

GRADE OF PRODUCT MAX. VOLUME OFFERED

(FOR THIS ACTIVITY/LOCATION ONLY)*

ACTIVITY/LOCATION MIN. VOLUME OFFERED

(FOR THIS ACTIVITY LOCATION ONLY)*

SOLICITATION LINE ITEM NO. DESTINATION PRICE

OFFEROR’S SHIPPING POINT FREIGHT RATE INCLUDED IN PRICE_

MODE OF TRANSPORTATION_______________

INDICATE WHETHER PRICE IS WITH OR WITHOUT FUEL SYSTEM ICING INHIBITOR (FSII) AND/OR STATIC

DISSIPATOR ADDITIVE (SDA)

FSII COST FACTOR: SDA COST FACTOR:_________________

*An overall maximum or minimum volume for the entire offer may be provided on the OFFER INFORMATION SHEET.

DESTINATION OFFER CARD

GRADE OF PRODUCT MAX. VOLUME OFFERED

ACTIVITY/LOCATION MIN. VOLUME OFFERED

SOLICITATION LINE ITEM NO. DESTINATION PRICE

OFFEROR’S SHIPPING POINT FREIGHT RATE INCLUDED IN PRICE_

MODE OF TRANSPORTATION_______________

INDICATE WHETHER PRICE IS WITH OR WITHOUT FUEL SYSTEM ICING INHIBITOR (FSII) AND/OR STATIC

DISSIPATOR ADDITIVE (SDA)

FSII COST FACTOR: SDA COST FACTOR:_________________

*An overall maximum or minimum volume for the entire offer may be provided on the OFFER INFORMATION SHEET.

OSP-4

OFFER INFORMATION SHEET

1. State the overall quantity of each product available for award for the entire offer.

PRODUCT

MAXIMUM QUANTITY

AVAILABLE FOR AWARD

(ENTIRE OFFER)

2. State the overall quantity of each product available for award at each shipping point:

SHIPPING POINT

MAXIMUM QUANTITY

AVAILABLE FOR AWARD

(SHIPPING POINT)

3. State the minimum/maximum quantities for award by product and by shipping point for each method of delivery:

MODE

MINIMUM

QUANTITY

(U.S. GALLONS)

MAXIMUM

QUANTITY

(U.S. GALLONS)

4. Would the quantity awarded out of any shipping point affect the quantity available for award out of any other shipping point (

) YES ( ) NO. If yes, please give details:

OSP-5

5. State the monthly production capacity for each source of supply and identify the shipping points supported by the source.

SOURCE OF SUPPLY

SHIPPING POINTS

SUPPORTED

MONTHLY

PRODUCTION

CAPACITY (USG)

COMPLETE THE FOLLOWING ITEMS (6 through 15) FOR TANKER AND BARGE OFFERS ONLY

6. For Tanker and Barge Offers: State the minimum/maximum quantities (parcel size) for each individual lift at each shipping point for each method of delivery by product:

QUANTITY

(U.S. BARRELS)

MAXIMUM

(U.S. BARRELS)

7. For Tanker and Barge Offers: For each product state the minimum number of days between lifts for each method of delivery and shipping point (please state if there is no interval required between lifts):

NUMBER OF DAYS

BETWEEN LIFTS

NOTE: SEE CLAUSE M33, QUANTITIES TO BE EVALUATED FOR TANKER AND BARGE OFFERS (DESC

AUG 2003), FOR RESTRICTIONS IN EVALUATION OF TANKER AND BARGE OFFERS.

OSP-6

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:

SHIPPING POINT MODE LOA

Minimum LOA of 715 feet for TANKER lifts and 396 feet for barge is required in order to accommodate vessels employed by the Government for FOB origin requirements specified in this solicitation.

9. State the maximum tanker/barge size that your facility can handle:

CARGO CAPACITY

(BBLS)

BEAM

10. Specify operating hours for berthing and loading at each shipping point:

BERTHING HOURS LOADING HOURS

11. Identify the Mean Low Water (MLW) depth at the shipping point and the channel approach leading to the dock.

(Identify the most restrictive point).

SHIPPING POINT DRAFT (IN FEET)

Any water depth at MLW of less than 38 feet (36 feet from Clause F52 plus 2 feet for safety allowance) for TANKER and 24 feet (22.5 feet plus 1.5 feet for safety allowance) for barge will receive a penalty.

12. Specify maximum ballast receiving capability for each shipping point:

SHIPPING PONT BALAST CAPACITY

OSP-7

13. For each shipping point, specify the maximum loading rate (pump rate) in BARRELS PER HOUR.

MAX LOADING

RATE

(PUMP RATE)

(BPH)

14. Please provide the map coordinates for your shipping point/refinery point.

SHIPPING POINT MAP COORDIANTES

15. Please provide any vessel vetting criteria and 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; requirements for inert gas systems; vapor control hook-ups; closed loading; and vessel inspections; daylight berthing only; etc.):

OSP-8

COMPLETE THE FOLLOWING ITEMS (16 and 17) FOR PIPELINE OFFERS ONLY

16. For Pipeline Offers: For each shipping point state the pipeline(s) that the product can move through and state the minimum/maximum quantities (parcel size) for each individual delivery.

SHIPPING POINT and

PIPELINE

MINIMUM

QUANTITY

(U.S. BARRELS)

MAXIMUM

(U.S. BARRELS)

17. For Pipeline Offers: For each shipping point, state the minimum number of days between lifts for delivery into each pipeline through which product can be moved (please state if there is no interval required between lifts):

PIPELINE

NUMBER OF DAYS

BETWEEN LIFTS

NOTE: Unless you define otherwise, lift interval is the time between completion of loading (when the cargo completes passing the custody transfer point) until the Scheduled Delivery Date of the next lifting for a specific product. Lift intervals are based on delivery of maximum parcel size for each shipping point. If a quantity less than the maximum parcel size is shipped, the lift interval shall be reduced on a pro-rata basis.

COMPLETE THE FOLLOWING ITEMS (18 through 20) FOR RAILCAR AND TANK TRUCK OFFERS ONLY

18. For Railcar and Tank Truck Offers: State the minimum/maximum quantities available for delivery each day.

DAILY

QUANTITY

(USG)

MAXIMUM

DAILY

(USG)

OSP-9

19. For each Railcar and Tank Truck shipping points, state the total number of loading racks available and the maximum number of trucks that can be loaded in an 8, 16, and 24 hour period.

RAIL CAR AND TRUCKS ONLY MAX LOADS PER PERIOD

NUMBER

OF

LOADING

RACKS

8 HRS

16 HRS

24 HRS

20. On items calling for delivery F.O.B. transport truck at origin, the contractor shall, without additional cost to the government, operate its loading terminal during hours which will allow transport trucks to receive shipments, proceed to using activity and arrive no earlier or later than the scheduled arrival times (assuming normal truck lading rate and commercial transit time between terminal and using activity).

OFFERORS ARE REQUESTED TO INDICATE THE NUMBER OF DAYS PER WEEK I WHICH THE TRUCK LOADING

TERMINAL WILL BE OPEN AND THE HOURS OF OPERATION DURING THE DAY AND NIGHT.

AVAILABLE DAYS PER

WEEK FOR TERMINAL

OPERATIONS

HOURS PER DAY

TERMINAL IS OPEN

21. Remarks:

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.

(DESC 52.215-9FD5)

OSP-10

SECTION F

F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES

(BULK/LUBES) (DESC JUN 1996)

(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. Free time will commence at the time the discharge hose is connected to fill pipe at the delivery point specified and will end when discharge is completed. For items involving multiple drops, time between drops will not be included in free time. Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required. Rate for detention shall be comparable to regulated tariffs governing the local area of receiving activity.

(1) Free time for unloading transport truck or truck and trailer:

(2) Rate for detention beyond the free time: ____________________________________.

(b) The above will not be considered in the evaluation of offers for award, except that free time of less than one hour or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive.

UNLESS OFFEROR INDICATES OTHERWISE, FREE TIME WILL BE CONSIDERED UNLIMITED.

(c) DETENTION COSTS. Any invoices for detention costs will be forwarded directly to the Contracting Officer.

(DESC 52.247-9FA5)

F92.02 SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS (DOMESTIC 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;

(3) Impact of shutdown period on supply availability; and

(4) Alternate source of supply for first month of delivery period.

(c) If the refinery identified as the source of supply under the offer will be scheduled for shutdown for turnaround during the first 30 days of the scheduled delivery period, the offeror will provide an alternate source of supply for delivery of fuel equal to pro-rata. This alternate supply will be identified prior to close of negotiations to ensure that appropriate evaluation factors for cost can be calculated and applied to the evaluation process.

(DESC 52.211-9F47)

OSP-11

SECTION G

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:

(DO NOT EXCEED 153 CHARACTERS)

OR

OSP-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.

(DO NOT EXCEED 153 CHARACTERS)

(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)

OSP-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)

OSP-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)

OSP-15

SECTION J

OFFER SUBMISSION PACKAGE ATTACHMENT 1

STANDARIZED FORMAT FOR USE IN THE PREPARATION OF PRODUCT ATTACHMENT 2 TO OSP

TEST REPORTS

SIGNATURE SHEET FOR BULK PORTS ATTACHMENT 3 TO OSP

DESC FORM 19.3 SMALL BUSINESS SUBCONTRACTING PLAN ATTACHMENT 4 TO OSP

OSP-16

SECTION K

K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (CONT’D)

(DESC FEB 1999)

SMALL BUSINESS CONCERN REPRESENTATION - OFFEROR’S MANUFACTURING SOURCE.

(a) The representation in (c) below concerning the offeror’s manufacturing source applies to Small Business Set-Aside (SBSA) line items, Small Disadvantaged Business Price Evaluation Adjustment (SDB PEA) line items, and HUBZone Small Business (HSB) line items only.

(1) To be eligible for either the SBSA or SDB PEA, the representation in (c)(1) below must state that all end items will be manufactured or produced by a small business concern in the United States, its territories and possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(2) To be eligible for the HSB preference, the representation in (c)(2) below must state that all end items will be manufactured or produced by a HUBZone small business concern in the United States, its territories and possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(b) Failure to complete (c) below and failure to submit same with the offer may render the offer ineligible for award in any of these programs.

(c) (1) SBSA/SDB PEA REPRESENTATION. The small business concern represents as part of its offer that--

[ ] all

[ ] not all end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(2) HSB REPRESENTATIONS. The small business concern represents as part of its offer that—

[ ] all

[ ] not all end items to be furnished will be manufactured or produced by a HUBZone small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(DESC 52.212-9F35)

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (ALTERNATES I/II)

(JUN 2008/APR 2002/OCT 2000)

An offeror shall complete only paragraph (b) 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 (c) through (m) 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.

http://orca.bpn.gov/

OSP-17

K1.01-10 (CONT’D)

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.

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 conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern—

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

(ii) The management and daily business operations 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) (1) ANNUAL REPRESENTATIONS AND CERTIFICATIONS. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

OSP-18

K1.01.10 (CONT’D)

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _________________. [Offeror to identify the applicable paragraphs at (c) through (m) 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 on ORCA.]

(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.

(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.

http://orca.bpn.gov/

OSP-19

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

(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

OSP-20

(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: _____________________________________________________________.

(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 http://www.arnet.gov/References/sdbadjustments.htm

OSP-21

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.

(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.

OSP-22

(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 (MAR 2007), 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 (MAR 2007) 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

(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)

OSP-23

(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 the United States that do not qualify as domestic end products:

(Line item number) (Country of origin (if known))

(h) CERTIFICATION REGARDING RESPONSIBILITY MATTERS (EXECUTIVE ORDER 12549).

The offeror certifies, to the best of its knowledge and belief, that--

(1) The offeror and/or any of its principals

[ ] are [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency, and

(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 provision; and

(4) [ ] have [ ] have not

Within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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.

OSP-24

(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. Sec. 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 underling 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. Sec. 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) List End Product.

(Insert end product) (Insert country 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 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.

(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 is had 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.