Amendment_0001_12_15_2014.pdf

AEM Supplemental

SPE600-15-R-0700

Amendment 0001

This amendment is hereby issued to increase the quantity of F76 and JP5. This amendment also hereby adds a new escalator, revise clauses, provisions, responds to questions that have been submitted, and extends the solicitation period

1. The solicitation period is hereby extended until Monday, January 5, 2015, 1:00 P.M. local Ft. Belvoir time.

2. The total quantity of F76 is increased by 6,500,000 USG, from 105,180,000 USG to 111,680,000 USG.

FOR AMENDMENT ITEM 2, PLEASE REFER TO AEM SOLICITATION (EBS) PACKAGE

3. Line Item 0001 is revised as follows:

Item: 0001 Quantity: 34,400,000 UG6

Period of Performance: 04/01/2015-06/30/2016 NSN Product Code Delivery Identification

9140-002732377 F76 AUGUSTA – DFSP AUGUSTA

DISTILLATE, NAVAL

Region Requirement SPLC

AE 931001270

Delivery Address: CAP 96011 AUGUSTA SIRACUSA SICILY 0

Delivery DODAAC Billing DODAAC Ordering Office DODAAC

SE6P08 SJ0601

FSII SDA CI

N N N

Mode Receipt% Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK: TANKER 100 1,470,000 N N N

BULK: PIPE 100 N N N

4. JP5 is hereby added to solicitation SPE600-15-R-0700.

5. The total quantity of JP5 is as follows:

EPA REGION QUANTITY ESCALATOR ID BASE REFERENCE PRICE BASE REFERENCE DATE

AE 47,340,000USG CIFNWEJET 2.513397 10/29/2014

Item: T0001 Quantity: 26,640,000 UG6

Period of Performance: 04/01/2014-06/30/2016 NSN Product Code Delivery Identification

9130-002732379 JP5 SOUDA BAY – DFSP SOUDA BAY

TURBINE FUEL, AVIATION

Region Throughput SPLC Requirement SPLC

AE 911001270 911001270

Delivery Address: DLA ENERGY – DFSP SOUDA BAY CRETE FPO AE 09865

Delivery DODAAC Billing DODAAC Ordering Office DODAAC

SE6P07 SJ0601

FSII SDA CI

Y N Y

Mode Receipt% Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK TANKER 100 Y N Y

Item: 0005 Quantity: 26,640,000 UG6

Period of Performance: 04/01/2014-06/30/2016 NSN Product Code Delivery Identification

9130-002732379 JP5 SOUDA BAY –NAS SOUDA BAY

TURBINE FUEL, AVIATION

Region Requirement SPLC

AE 911001270

Delivery Address: MOUZOURAS ROAD, CRETE, GREECE

Delivery DODAAC Billing DODAAC Ordering Office DODAAC

SE6N00 SJ0601

FSII SDA CI

Y N Y

Mode Receipt% Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK PIPE 100 Y N Y

Note: Product may be supplied to NAS Souda Bay though Item T0001

Item: T0002 Quantity: 20,700,000 UG6

Period of Performance: 04/01/2014-06/30/2016 NSN Product Code Delivery Identification

9130-002732379 JP5 AUGUSTA – DFSP AUGUSTA

TURBINE FUEL, AVIATION

Region Throughput SPLC Requirement SPLC

AE 931001270 931001270

Delivery Address: CAP 96011 AUGUSTA SIRACUSA SICILY 0

Delivery DODAAC Billing DODAAC Ordering Office DODAAC

SE6P08 SJ0601

FSII SDA CI

Y N Y

Mode Receipt% Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK TANKER 100 Y N Y

Item: 0006 Quantity: 14,000,000 UG6

Period of Performance: 04/01/2014-06/30/2016 NSN Product Code Delivery Identification

9130-002732379 JP5 SIGONELLA – U.S. NAVAL AIR STATION

TURBINE FUEL, AVIATION

Region Throughput SPLC Requirement SPLC

AE 931001270 931005290

Delivery Address: PAYING OFFICE NAS FPO 09523

Delivery DODAAC Billing DODAAC Ordering Office DODAAC

SE6N03 SJ0601

FSII SDA CI

Y N Y

Mode Receipt% Max Parcel Min Parcel FOB Restriction FSII SDA CI

Note: Product may be supplied to NAS Sigonella though Item T0002

Item: 0007 Quantity: 6,700,000 UG6

Period of Performance: 04/01/2014-06/30/2016 NSN Product Code Delivery Identification

9130-002732379 JP5 AUGUSTA – DFSP AUGUSTA

TURBINE FUEL, AVIATION

Region Throughput SPLC Requirement SPLC

AE 931001270 931001270

Delivery Address: CAP 96011 AUGUSTA SIRACUSA SICILY 0

Delivery DODAAC Billing DODAAC Ordering Office DODAAC

SE6P08 SJ0601

FSII SDA CI

Y N Y

Mode Receipt% Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK TANKER 100 Y N Y

FOR AMENDMENT ITEMS 5 - 6, PLEASE REFER TO THE ADDENDUM PACKAGE PART B

6. B-0002/B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY 2012) is hereby deleted and replaced as follows:

B-0002/B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in this offer and/or contract do not include allowances for any portion of the contingency covered by this contract provision; and

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with these escalation provisions.

(b) DEFINITIONS. As used throughout this contract provision, the term--

(1) Base unit price means the unit price set forth opposite the item in the Schedule.

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the base unit price is to fluctuate. NOTE: The term market price indicator will be referred to hereafter as “reference price” in this contract provision.

(3) Date of delivery is defined as follows:

(i) FOR TANKER OR BARGE DELIVERIES.

(A) F.O.B. ORIGIN. The date and time vessel commences loading.

(B) F.O.B. DESTINATION. The date and time vessel commences discharging.

(ii) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point.

(iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

(c) ADJUSTMENTS.

(1) The Contractor shall give written notice to the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any delivery and associated change in the reference price within 15 working days from the date thereof.

Contractor failure to timely notify the Contracting Officer of any delivery and associated change in the reference price may result in late or incorrect payment of the relevant invoice.

(2) Subject to the conditions of this contract provision, the prices payable under this contract shall be the base unit price increased or decreased by the same number of cents, or fraction thereof, that the reference price shall have increased or decreased.

(3) An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on and after the effective date of the price change as stated in the publication.

(4) The Contracting Officer will issue a modification to this contract to reflect any change pursuant to this provision.

However, no increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published reference price has been verified by the Contracting Officer.

(5) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 375 percent of the award price, except as provided hereafter.

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(7) REVISION OF REFERENCE PRICE INDICATOR. In the event--

(i) Any applicable reference price is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions--the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(8) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS provision, apply unless otherwise specified in the Schedule.

(d) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the conditions of this contract provision.

(e) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision.

(f) TABLE.

REFERENCE PRICE TABULATION

ITEM

NO.

(LISTED

ITEMS)

NAME OF

PUBLICATION

HEADING UNDER WHICH

REFERENCE PRICE IS

PUBLISHED AND

NAME OF PRODUCT

LOCATION WHERE

REFERENCE PRICE

IS APPLICABLE

REFERENCE PRICE AS OF

OCTOBER 29, 2014

(EXCLUDES ALL TAXES)

See Below Platt's Oilgram Price Report

(U.S. Edition)

Product Price Assessments (European Bulk)

See Below See Notes Below

NOTE: Buyer shall include a note or notes in the Table that will identify the specific publication(s), method(s), and time period(s) for calculating the reference price(s).

***FOR AEM***

PRODUCT REFERENCE PRODUCT (LOCATION) REFERENCE PRICE/USG EFFECTIVE

OCTOBER 29, 2014

F76 Gasoil 0.1 (100% Cargoes CIF NWE Basis ARA) $2.377418

F76 Gasoil 0.1%S (100% FOB Med Basis Italy) $2.319220

F76 Gasoil .05%S (Asia/Singapore Subheading) $2.344000

F76 Gasoil (Arab Gulf, FOB) $2.268476

F76 ULSD 10ppmS (FOB Med Cargo) $2.392166

JP5 Jet Kerosene 100% Cargoes CIF NWE Basis ARA $2.513397

NOTES:

A. For Platt's Oilgram: NOTE: The Reference prices are calculated by averaging the respective low prices and averaging the respective high prices for the two days preceding the date of delivery, the date of delivery, and the two days subsequent to the date of delivery published effective days' prices. Both the low and high averages are then averaged to determine the new Reference Price. This average price is averaged to two (2) decimal places, regardless of whether the price is stated in dollars per barrel, dollars per metric ton, or cents per USG. This average will be converted to dollars per USG using the conversion factors cited in Paragraphs C and D, if applicable, and rounded to six (6) decimal places.

In order to calculate the price, first determine the date of delivery price. If the actual date of delivery falls on Saturday or Sunday, the date of delivery for pricing purposes will be Friday. If the actual date of delivery falls on a holiday, then the date of delivery for pricing purposes will become the previous business day.

If Platt’s fails to publish the price for a particular product on the date of delivery, then the date of delivery will become the previous business day in which a price is published.

Once the date of delivery price is determined, then obtain the published effective days prices for the two business days immediately preceding the date of delivery and the two business days immediately subsequent to the date of delivery.

B. Any product offer must specify on which escalator it is based. Offers for F76, may use any or all of the stated escalators for that product.

C. The conversion factor 328.42 USG/Metric Ton will be used to calculate JP5 escalator under Jet Kerosene, 100% Cargoes CIF NWE, Basis ARA.

D. The conversion Factor 315.30 USG/Metric Ton will be used to calculate F76 escalators Gasoil 0.1%, 100% Cargoes CIF

NWE, Basis ARA, and Gasoil 0.1%, 100 % FOB Med, Basis Italy.

E. Adjustment Factors. For evaluation purposes only, the following Adjustment Factors will be used when a product and the specified Base Price are identified in an offer:

PLATTS HEADING PRODUCT REFERENCE PRODUCT

(LOCATION)

ADJUSTMENT FACTORS –

EVALUATION ONLY $/USG

100% Cargoes CIF NWE Basis ARA F76 Gasoil 0.1 None 100% FOB Med Basis Italy F76 Gasoil 0.1 0.016956 Asia/Singapore Cargo, FOB F76 Gasoil .05%S 0.040383

Arab Gulf, FOB F76 Gasoil 0.053392 FOB Med Cargo F76 ULSD 10ppmS 0.000356

100% Cargoes CIF NWE Basis ARA JP5 Jet Kerosene None

F. On January 2, 2013, offers using Platts Gasoil .05%S (500ppm) FOB Spore Cargo will begin using Platts Gasoil FOB Spore Cargo due to the discontinuation of Gasoil .05%S (500ppm) FOB Spore Cargo. Since Platts Gasoil FOB Arab Gulf Cargo is assessed on a netback basis from the benchmark Platts Gasoil FOB Spore Cargo assessment, offers using Platts Gasoil .05% (500ppm) FOB Arab Gulf Cargo will begin using Platts Gasoil FOB Arab Gulf Cargo on January 2, 2013. As of January 2, 2013, Gasoil FOB Spore Cargo and Gasoil FOB Arab Gulf Cargo will reflect a .05% sulfur gasoil product.

7. The following Contract Provision is hereby added to solicitation SPE600-15-R-0700:

C-0004/C16.01 TURBINE FUEL, AVIATION (JP5) (BULK) (DLA ENERGY August 2014)

(a) Product shall meet MIL-DTL-5624V, Turbine Fuel, Aviation, Grade JP5, dated July 11, 2013.

(b) SPECIFICATION MODIFICATION: The requirements of Table II in the specification are modified as follows:

(1) FILTRATION TIME TESTING. Round upwards when reporting the filtration time, in minutes. For example, a filtration time of 4 minutes, 22 seconds, would be reported as 5 minutes.

(2) HYDROGEN CONTENT. ASTM D5291 is an acceptable test method in addition to D3701 and D7171.

(3) FLASH POINT TESTING. The referee procedure for performing flash point testing of JP5 shall be the manual version of ASTM D93 as opposed to the automated version of ASTM D93.

(4) FLASH POINT.

(i) All batches of JP5 that are presented for Government acceptance at origin and for shipment through a multiproduct pipeline, shall meet a minimum flash point requirement of 62.5°C.

(ii) For deliveries in the states of California, Oregon, and Washington in the U.S., all JP-5 shall have a minimum Flash Point of 62.5 oC.

(5) MICRO-SEPAROMETER (MSEP) REQUIREMENTS.

(i) Prior to initial production under this contract, the Contractor shall elect, on a one-time basis, which MSEP limit will be met for the balance of the contract. If the Contractor introduces Fuel System Icing Inhibitor (FSII) and/or Corrosion Inhibitor/Lubricity Improver (CI/LI) after verification of product conformance with the MSEP requirement, the product is not required to meet a fixed limit on subsequent MSEP tests.

(ii) If the Contractor elects to verify conformance with the MSEP requirement on a sample of product that does not contain FSII and CI/LI, an additional MSEP test shall be performed on a handblend containing jet fuel, FSII, CI/LI, and Antioxidant (only if required). The MSEP result on this handblend is a REPORT ONLY requirement and shall be recorded corresponding to item 750X, both on the Standardized Test Report Form (see Attachment 1) and on the DD Form 250-1. This result shall be recorded with an asterisk next to it, and with a footnote below, stating, “MSEP result is a ‘Report Only’ requirement. Original result of _____________ (fill in actual result) on product containing the following additives:

_________________________ (fill in combination of additives).”

(c) ADDITIVES.

(1) Additives are required for deliveries of JP5, per MIL-DTL-5624V, unless addition is excluded by specific solicitation line item, applicable contract clause, or other contractual requirement. FSII included in jet fuel shall conform to MIL-DTL-85470B, Inhibitor, Icing, Fuel System, High Flash, Notice 1 dated March 24, 2004.

(2) The DD Form 250-1 for marine shipments shall cite the type, name, and amount (in milligrams per liter) of additives added to the fuel at the production or loading facility.

(3) The CI/LI additive(s) used shall confirm to MIL-PRF-25017, Inhibitor, Corrosion/Lubricity Improver, Fuel Soluble, w/Amendment 1, dated August 4, 2011 and be of the type and concentration cited in the Qualified Products Database (QPD). To locate this information: (1) Go to the Acquisition Streamlining and Standardization Information System (ASSIST) QuickSearch website (URL http://quicksearch.dla.mil/), (2) type "QPL-25017" in the Document ID field, press the submit button, (3) click the QPL-25017 search result under Document ID, and (4) click the "Qualification" link located in the upper right side of the webpage to be directed to QPL-25017.

Only the following CI/LI additives are approved for shipment to North Atlantic Treaty Organization (NATO) countries:

CI/LI CONCENTRATION,

GRAMS/CUBIC METER

Innospec Fuel Specialties, LLC DCI-4A 9 – 24

Innospec Fuel Specialties, LLC DCI-6A 9 – 15

Afton Chemical Corp., Hitec 580 15 – 22.5

Nalco Co, Nalco 5403 12 – 22.5

Nalco Co, Nalco 5405 11 – 11

Baker Petrolite Corp., Tolad 4410 9 – 22.5

Baker Petrolite Corp., Tolad 351 9 – 24

Dorf Ketal Chemicals, Unicor J 9 – 22.5

GE Betz Inc., Spec-Aid 8Q22 9 – 24

(4) Line injection of additives (FSII and CI/LI) from shipping tank to delivery conveyance or other Free Onboard (f.o.b.) point is permitted under the following conditions:

(i) Additives must be proportionately injected throughout the entire loading process to ensure the additive is homogeneously blended into the jet fuel. The Contractor shall maintain records evidencing the homogeneous blending of all line injected additives. Such methods may include meter or tank gauge readings or test results taken at intervals to provide confidence in the injection process.

(ii) When FSII is required, additive concentration must be verified based on a representative shipment sample(s).

(iii) Conformance to specification requirements at the custody transfer point is required, however, prior to shipment, a laboratory handblend of jet fuel with all additives required by this contract shall be tested to verify compliance with the required specification (except for MSEP). MSEP analysis shall be performed per the Contractor’s election in MIL-DTL-5624V, dated July 11, 2013.

http://quicksearch.dla.mil/

(d) REPORTS. Refer to the MATERIAL INSPECTION AND RECEIVING REPORT contract provision for reporting requirements.

(e) ADDITIONAL REQUIREMENT APPLICABLE TO DEEP FREEZE PROGRAM ONLY. The Deep Freeze Program is for Antarctic operation for Department of Defense and other federal agencies. JP5 sulfur content shall not exceed 0.0015 mass% (15 ppm).

FOR AMENDMENT ITEMS 7 – 9, PLEASE REFER TO THE AEM OFFEROR SUBMISSION PACKAGE

8. The following information is to be included in the Offer Schedule:

ADDITIVE PRICE (FOR JP5 OFFERS)

Please provide the cost of Fuel System Icing Inhibitor (FSII): $ at a concentration of 0.10 – 0.15, volume, percent.

Does the unit price contain the price of FSII: Yes No

The price of Corrosion Inhibitor (CI): .

Does the unit price contain the cost of CI: Yes No

The price of Static Dissipator Additive (SDA): .

Does the unit price contain the cost of SDA: Yes No

JP5 will be evaluated with or without FSII and CI as applicable.

9. 52.212-3 Offeror Representations and Certifications -- Commercial Items (May 2014) is hereby deleted and replaced as follows:

Offeror Representations and Certifications -- Commercial Items (Nov 2014)

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

(a) Definitions. As used in this provision--

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

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

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

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

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

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

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“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 (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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

(p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract 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 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 women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

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

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

and

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

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

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

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

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

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

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

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

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

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

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

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

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

The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,”

“foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American— Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements- -Israeli Trade Act.”

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products

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

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

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

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

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

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

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed.

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

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

(ii) Examples.

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

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

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

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

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

(1) Listed End Product

Listed End Product Listed Countries of Origin

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

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

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

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

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

(2) [_] Outside the United States.

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

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that—

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