Offer Submission Package SP0600-09-R-0067.pdf

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Fuel System Icing Inhibitor (FSII)- CONUS Federal contract opportunity
Solicitation number
SP0600-09-R-0067
Issued by
Defense Logistics Agency Energy

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UPDATED OFFER SUBMISSION PACKAGE - USE THIS ONE

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OFFER SUBMISSION

PACKAGE

SOLICITATION: SP0600-09-R-0067

PROGRAM: 4.7

THE ENCLOSED SOLICITATION COVERS THE PERIOD: JANUARY 1, 2010

THROUGH: DECEMBER 31, 2010

To be timely, offers must be received at the Defense Energy Support Center by: JUL 22, 2009 @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 Section B (Schedule)

X Offer Information Sheet

_______X______ All Applicable Fill-In Clauses

_______X________Signature Sheet for Bulk Ports (Attachment 2)

_______X________Standardized Format For Use in the Preparation of Product Test Reports (FSII) (Attachment 3)

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.

SP0600-09-R-0067

OSP- i

OFFEROR SUBMISSION PACKAGE

INDEX OF CLAUSES

CLAUSE NUMBER CLAUSE TITLE PAGE

SECTION B

B1 SUPPLIES TO BE FURNISHED (BULK) (DESC MAR 2009) OSP-2

SECTION E

E33.07 MANUFACTURING AND FILLING POINTS (LUBES) (DESC MAR 2006) OSP-16

SECTION F

F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND OSP-17

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

F29.02 CONTRACTOR ORDERING AGENTS (LUBES) (DESC APR 1968) OSP-17

SECTION G

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – CORPORATE TRADE OSP-18

EXCHANGE (DESC MAR 2003)

SECTION I

I238.02 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL OSP-20

BUSINESS CONCERNS (JUL 2005)

SECTION J

SIGNATURE SHEET FOR BULK PORTS ATTACHMENT 2 TO OSP

STANDARDIZED FORMAT FOR USE IN THE PREPARATION OF ATTACHMENT 3 TO OSP

PRODUCT TEST REPORTS (FUEL SYSTEM ICING INHIBITOR)

DESC FORM 19.3 SMALL BUSINESS SUCONTRACTING PLAN ATTACHMENT 4 TO OSP

OSP- ii

SECTION K

K1.01.10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL OSP-22

ITEMS (ALTERNATES I/II) (FEB 2009/APR 2002/OCT 2000)

K5 USE OF ELECTRONIC DATA INTERCHANGE (DESC JUL 2007) OSP-32

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) OSP-33

K45.01 FACSIMILE OR ELECTRONIC INVOICING (DESC JAN 1998) OSP-33

K93 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA OSP-34

(AUG 1992)

K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DESC DEC 2008) OSP-34

OSP-3

UNIT

LINE

ITEM

ACTIVITY/

(DODAAC)

RECEIPT

MODE

QUANTITY

GALLONS

PRICE/

GALLON

TOTAL

AMOUNT

0004 DFSP BALTIMORE, MD TT 147,000 $ ________ $ ____________

(UY7300)

NuStar Energy LP, 1800 Frankfurst Ave.

Baltimore, MD 21226

TEL: 410-354-5439

DELIVERY HRS: M-F, 0900-1600

MIN/MAX PARCEL: 5,000/10,000 USG

REQUIRED ON TRUCK: Side discharge pump and hose REQUIRED FOR DRIVER: The following personal protective equipment (PPE):

1. Safety hat (hard hat)

2. Safety glasses

3. Flame-retardant (FR) coveralls, FR uniform (shirt and pants), or FR lab coat

4. Safety shoes (steel toe leather shoes or boots)

0005 COLONIAL P/L JAMESTOWN, VA TT 140,000 $ ________ $ ____________

(UCJAMC)

147 Blow Flates Road James City County, VA 23185

TEL: 804-304-0204/804-381-2261

DELIVERY HRS: M-F, 0900-NOON;

CALL IN ADVANCE

MIN/MAX PARCEL: 5,000/15,000 USG

REQUIRED FOR TRUCK: Discharge pump, hose 4 inches wide and 20 feet long & standard 4-inch Quick-Lock connections (Couplers)

0006 COLONIAL P/L PORTSMOUTH, VA TT 144,000 $ ________ $ ____________

(UCPRTS)

Craney Island Naval Depot Cedar Lane, Portsmouth, VA 23703

TEL: 757-537-5910/757-537-5913/757-537-5916

DELIVERY HRS ARE: M-F, 0800-1400;

CALL 24 HOURS IN ADVANCE

MIN/MAX PARCEL: 5,000/15,000 USG

REQUIRED: Discharge pump, hose 4" wide - 20' long & standard 4" Quick-Lock connections (Couplers) on TT.

0007 DFSP SELMA, NC TT 108,000 $ ________ $ ____________

(UY7265)

Transmontaigne Terminaling Incorporated 2427 West Oak St., Selma, NC 27576

TEL: 919-965-9027/919-965-9442

DELIVERY HRS: M-F, 0700-1600

TRUCK ARRIVAL NLT 1430

MIN/MAX PARCEL: 5,000/10,500 USG

REQUIRED ON TRUCK: Discharge pump & hose with 3-inch female fittings. 30 to 90 foot hose required.

NOTE: Truck rack clearance is 12 feet, 4 inches

OSP-4

ITEM

ACTIVITY/

(DODAAC)

RECEIPT

MODE

QUANTITY

GALLONS

PRICE/

GALLON

0008 DFSP BREMEN, GA TT 25,000 $ ________ $ ____________

(UY7246)

NuStar Energy LP 870 Alabama Ave., Bremen, GA 30110

TEL: 770-537-4437

DELIVERY HRS: M-F, 1200-1600

CALL IN ADVANCE

MIN/MAX PARCEL: 5,000/8,000 USG

REQUIRED ON TRUCK: Discharge pump and 60 feet of hose REQUIRED FOR DRIVER: The following personal protective equipment (PPE):

1. Safety hat (hard hat)

2. Safety glasses

3. Flame-retardant (FR) coveralls, FR uniform (shirt and pants), or FR lab coat

0009 DFSP MACON, GA TT 35,000 $ ________ $ ____________

(UY7066)

NuStar Energy LP 6225 Hawkinsville Rd., Macon, GA 31216

TEL: 478-788-1877

DELIVERY HRS: M-F, 0800-1400

CALL IN ADVANCE

MIN/MAX PARCEL: 5,000/10,000 USG

REQUIRED ON TRUCK: Discharge pump and 60 feet of hose REQUIRED FOR DRIVER: The following personal protective equipment (PPE):

1. Safety hat (hard hat)

2. Safety glasses

3. Flame-retardant (FR) coveralls, FR uniform (shirt and pants), or FR lab coat

0010 ITAPCO P/L, GA TT 10,000 $ ________ $ ____________

(UY7221)

ITAPCO P/L, Columbus Transportation Co.

5225 Miller Road, Columbus, GA 31909

TEL: 706-561-0160

DELIVERY HRS: M-F, 0800-1500

CALL IN ADVANCE

MIN/MAX PARCEL: 5,000/6,000 USG

REQUIRED ON TRUCK: Discharge pump and 60 feet of hose

OSP-5

ITEM

ACTIVITY/

(DODAAC)

RECEIPT

MODE

QUANTITY

GALLONS

PRICE/

GALLON

0011 KEY WEST P/L CO, FL TT 5,000 $ ________ $ ____________

(UY7083)

DFSP Key West P/L c/o Key West P/L CO.

Key West, FL, 33040-2276

TEL: 305-294-4812

DELIVERY HRS: M-F, 0700-1500

MIN/MAX PARCEL: 5,000/6,000 USG

REQUIRED ON TRUCK: Discharge pump and 60 feet of hose

0012 DFSP MONTGOMERY, AL TT 25,000 $ ________ $ ____________

(UY7060)

NuStar Energy LP, 520 Hunter Loop Road Montgomery, AL 36108-1825

TEL: 334-269-2972

DELIVERY HRS: M-F, 0800-1400

CALL IN ADVANCE

MIN/MAX PARCEL: 5,000/6,000 USG

REQUIRED ON TRUCK: Discharge pump and 60 feet of hose REQUIRED FOR DRIVER: The following personal protective equipment (PPE):

1. Safety hat (hard hat)

2. Safety glasses

3. Flame-retardant (FR) coveralls, FR uniform (shirt and pants), or FR lab coat

0013 DFSP MOUNDVILLE, AL TT 25,000 $ ________ $ ____________

(UY7184)

NuStar Energy LP 872 2nd Ave. Moundville, AL 35474-0068

TEL: 205-371-2250

DELIVERY HRS: M-F, 0800-1400

CALL IN ADVANCE

MIN/MAX PARCEL: 5,000/6,000 USG

REQUIRED ON TRUCK: Discharge pump and 50 feet of 2-inch hose REQUIRED FOR DRIVER: The following personal protective equipment (PPE):

1. Safety hat (hard hat)

2. Safety glasses

3. Flame-retardant (FR) coveralls, FR uniform (shirt and pants), or FR lab coat

OSP-6

ITEM

ACTIVITY/

(DODAAC)

RECEIPT

MODE

QUANTITY

GALLONS

PRICE/

GALLON

0014 McCAIN P/L CO, MARION, MS TT 10,000 $ ________ $ ____________

(UY7082)

P.O. Box 430, Marion, MS 39342-1003

TEL: 601-632-1118

DELIVERY HRS: M-F, 0800-1400

CALL IN ADVANCE

MIN/MAX PARCEL: 5,000/5,000 USG

REQUIRED ON TRUCK: Discharge pump and 60 feet of hose

0016 DFSP INDIANAPOLIS, IN TT 55,000 $ ________ $ ____________

(UY7311)

Transmontaigne Terminaling Inc.

10700 County Road 300 N.

Indianapolis, IN 46234

TEL: 317-297-9489

DELIVERY HRS: M-F, 0800-1400

CALL 24 HOURS IN ADVANCE

MIN/MAX PARCEL: 5,000/6,000 USG

REQUIRED ON TRUCK: Discharge pump and 25 feet of hose adaptable to 2-inch female CamLock connection

0016 DFSP LEBANON, OH TT 25,000 $ ________ $ ____________

(UY7307)

TE Products Pipeline, 2700 Hart Road Lebanon, OH 45036-9619

TEL: 513-932-7972

DELIVERY HRS: M-F, 0800-1700

CALL 24 HOURS IN ADVANCE

MIN/MAX PARCEL: 5,000/6,000 USG

REQUIRED ON TRUCK: Clean pump and 40 feet of hose adaptable to 3-inch female coupling

0017 DFSP NOVI, MI TT 15,000 $ ________ $ ____________

(UY7308)

Delta Fuels of Michigan Inc.

40600 Grand River, Novi, MI 48375 TEL: 248-478-3651x127

DELIVERY HRS: M-F, 0700-1400

CALL 24 HOURS IN ADVANCE

MIN/MAX PARCEL: 5,000/6,000 USG

REQUIRED ON TRUCK: Discharge pump and 40 feet of hose adaptable to 2-inch female CamLock fitting

OSP-8

ITEM

ACTIVITY/

(DODAAC)

RECEIPT

MODE

QUANTITY

GALLONS

PRICE/

GALLON

0022 WILLIAMS P/L CO, OMAHA, NE TT 50,000 $ ________ $ ____________

(UY7170)

Magellan Midstream Partners 13029 S. 13th St., Bellevue, NE 68123-2075

TEL: 402-292-2824

DELIVERY HRS: M-F, 0800-1200

CALL 24 HOURS IN ADVANCE

MIN/MAX PARCEL: 5,000/6,000 USG

REQUIRED ON TRUCK: Clean pump and 40 feet of CLEAN hose adaptable to 3-inch female coupling

0023 ELS JET RAPID CITY, SD TT 25,000 $ ________ $ ____________

(UY7306)

ELL Jet Terminal, 2945 Elgin Rapid City, SD 57709-0032 TEL: 605-342-1374 or 605-390-4126/2401

DELIVERY HRS: M-F, 0700-1400

CALL IN ADVANCE FOR DIRECTIONS

MIN/MAX PARCEL: 2,000/4,000 USG

REQUIRED ON TRUCK: Discharge pump and 40 feet of hose adaptable to 2-inch male coupling

0024 DFSP ALAMOGORDO, NM TT 35,000 $ ________ $ ____________

(UY7204)

Standard Transpipe, 6026 S. Hwy 54 P.O. Box 109, Alamogordo, NM 88311

TEL: 505-437-7500

DELIVERY HRS: M-F, 0800-1600

MIN/MAX PARCEL: 5,000/6,000 USG

REQUIRED ON TRUCK: Discharge pump and 4 sections of 2-inch hose (15 feet each) with ends wrapped in plastic & 2 fittings REQUIRED FOR DRIVER: The following personal protective equipment (PPE):

1. Safety hat (hard hat)

2. Safety glasses

3. Flame-retardant (FR) coveralls, FR uniform (shirt and pants), or FR lab coat

4. Safety shoes (steel toe leather shoes or boots)

0025 HOLLY CORP, ID TT 38,000 $ ________ $ ____________

(UY7053)

North Canyon Creek Road Mountain Home, ID 83647

TEL: 208-587-3880 FAX: 208-587-5299

DELIVERY HRS: M-F, 0800-1600

MIN/MAX PARCEL: 5,000/6,000 USG

REQUIRED ON TRUCK: Discharge pump and hose

OSP-14

ALL OFFERORS MUST PROVIDE THE FOLLOWING INFORMATION IN THE EMPTY BOXES AND SUBMIT WITH INITIAL

OFFERS

OFFER INFORMATION SHEET

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

PRODUCT

MAXIMUM QUANTITY

AVAILABLE FOR AWARD

(ENTIRE OFFER)

B. State the overall quantity of each product available for award at each refinery.:

SHIPPING POINT

MAXIMUM QUANTITY

AVAILABLE FOR AWARD

(PER REFINERY)

C. State the monthly production capacity for each source of supply:

SOURCE OF SUPPLY

MONTHLY

PRODUCTION

CAPACITY

(USG)

OSP-15

D. For Tank Truck offerors: State the minimum/maximum quantities available for delivery each day.

MODE

SHIPPING POINT

MINIMUM

DAILY

QUANTITIES

(U.S. GLS)

MAXIMUM

DAILY

QUANTITIES

(U.S. GLS)

E. For each Tank Truck shipping point, state the total number of loading racks available and the maximum number of trucks that can be loaded in an 8 hour day.

SHIPPING

POINT

NUMBER OF LOADING

RACKS

MAX LOADS PER 8

HOUR DAY

OSP-16

SECTION E

E33.07 MANUFACTURING AND FILLING POINTS (DESC MAR 2006)

The name, complete addresses and telephone number of the manufacturing and filling points for each product to be furnished hereunder are as follows:

NAME, COMPLETE ADDRESS

AND TELEPHONE NUMBER OF

PRODUCT MANUFACTURING POINT/FILLING POINT

(DESC 52.246-9F50)

OSP-17

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)

F29.02 CONTRACTOR ORDERING AGENTS (LUBES) (DESC APR 1968)

In the event the name and address of the office to which orders should be forwarded are not furnished below or in writing within two working days from the offer opening date, all orders issued hereunder shall be forwarded to the Contractor's office from which the offer was submitted. The Contractor shall be responsible for seeing that orders are forwarded to any regional or area offices from which product is to be shipped in such time as to accomplish delivery within the permissible delivery lead time set forth under the ORDERS/DELIVERY TIME clause.

For this purpose, date of receipt of the order as specified under the ORDERS/DELIVERY TIME clause shall be the date on which the order is received by the office to which it is addressed.

ITEM NUMBER CONTRACTOR AGENT'S NAME AND ADDRESS

(DESC 52.216-9F90)

OSP-18

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)

OSP-19

G9.07 (CONT’D)

OR

(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-20

SECTION I

I238.02 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS

(JUL 2005)

(a) DEFINITION. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) EVALUATION PREFERENCE.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) WAIVER OF EVALUATION PREFERENCE. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

[ ] Offeror elects to waive the evaluation preference.

(d) AGREEMENT. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for--

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants;

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(FAR 52.219-4)

OSP-21

SECTION J

SIGNATURE SHEET FOR BULK PORTS ATTACHMENT 2 TO OSP

STANDARIZED FORMAT FOR USE IN THE PREPARATION OF PRODUCT TEST REPORTS ATTACHMENT 3 TO OSP

(FUEL SYSTEM ICING INHIBITOR)

DESC FORM 19.3 SMALL BUSINESS SUBCONTRACTING PLAN ATTACHMENT 4 TO OSP

OSP-22

SECTION K

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

(FEB 2009/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.

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.

http://orca.bpn.gov/

OSP-23

K1.01-10 (CONT’D)

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.

(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.

http://orca.bpn.gov/

OSP-24

(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

(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).

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(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: _____________________________________________________________.

(iii) ADDRESS. The offeror represents that its address—

[ ] is [ ] is not

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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

OSP-27

(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 (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)

OSP-28

(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)

(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

OSP-29

(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.

(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)

OSP-30

(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. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

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

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

(2) [ ] Outside the United States.

(k) CERTIFICATES REGARDING EXEMPTIONS FROM THE APPLICATION OF THE SERVICE CONTRACT ACT.

(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ The Contracting Officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

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

[ ] does [ ] does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) [ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror

[ ] does [ ] does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for those employees and equivalent employees servicing commercial customers.

OSP-31

(3) If paragraph (k)(1) or (k)(2) of this provision applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) 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).

(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…

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