Offer Submission Package_.pdf

OFFER SUBMISSION PACKAGE

Name: __________________________________

Title/Position: ___________________________________

Contact (Phone): _________________________

Contact (Email Address): ___________________________________

Cage Code: _______________

JCCS Registration Number: _________________________

NOTE: Highlighted areas are to ensure you see them.

By signing the Offer Submission Package, you are stating that you have read and answered all questions and fill ins.

Signature: ______________________________________

1. The Government contemplates award(s) of a Fixed Price Requirements Contract with Economic Price

Adjustment resulting from this combined solicitation/synopsis. The performance period for this requirement is November 1, 2024 to October 31, 2027. There is a six-month extension (option) which is not included in the performance period. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, and quality assurance capabilities.

2. Offerors must submit pricing in unit price (U.S. dollars) per U.S. gallon format: Example: ($0.000000/USG)

3. Price escalation: After award, the contract price for Contract Line Item (CLIN) 0001 will escalate/de-escalate monthly

4. Tax note: The U.S. Government is tax exempt. DO NOT include any taxes in offered prices for which the U.S. is tax exempt.

5. Exceptions: Any exceptions the offeror takes to the terms and conditions of this solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of this solicitation. Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected. Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

6. Evaluation: Award for this requirement will be made to the lowest-priced and technically acceptable offeror.

The Government will evaluate prices by multiplying the unit prices by the estimated quantities. The vendor with the lowest priced and technically acceptable offer will be awarded the contract.

a. Proposals must be received no later than 4:00 PM local time (Ft. Belvoir, VA) on August 14, 2024.

Please submit offers via email to Ashley.Koritzer@dla.mil and diana.knight@dla.mil When submitting offers, please note the RFP number SPE605-24-R-0209 in the subject line of the email. Offerors submitting emails over 10MB, may not be delivered because of server restriction on email size for delivery.

Please separate the email(s) into small units and number the emails like this: SPE605-24-R-0209 1of 2;

SPE605-24-R-0209 2 of 2 (however many emails that are required to submit the offer).

b. CLOSING DATE: This is an open continuous solicitation with successive closing dates for DLA Energy mailto:Ashley.Koritzer@dla.mil mailto:diana.knight@dla.mil

Posts, Camps and Station (PC&S) Purchase Program 1.6F, Israel requirements. The first closing date is August 14, 2024 at 4:00 P.M. local time (Ft. Belovoir, Va), and is for the one (1) CLIN contained in this first closing. Solicitation No. SPE605-24-R-0209 has an ordering period from November 1, 2024, through October 31, 2027. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers. (Ref: FAR 52.212-1).

The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation SPE605-24-R-0209 will remain open until October 31, 2026, for any new CLINs to be solicited. As new requirements are received, the Government will issue amendment(s) to the solicitation, with new closing dates for the new requirements, and afford all offerors an opportunity to compete for the new CLINs.

c. A confirmation of receipt will be sent to you once your offer has been received. If an offeror does not receive an email confirming receipt of proposal by DLA Energy, then the offeror must notify the contract specialist by email. Please note that the offeror assumes all risk for any delay in the transmission of their proposals.

d. Any offers received after the above deadline will not be considered: All offerors are further encouraged to submit their proposals early.

e. Discussions: DLA Energy reserves the right to conduct discussions prior to award. Any deviation from the terms, conditions, or requirements of this RFP shall result in offers being determined ineligible for award.

7. Please be sure to submit, sign, fill-in and complete the following:

• SF1449 (Must fill in the following blocks):

o Block 12 o Block 17 o Block 23 o Block 24 o Block 30

By signing the SF1449 and Offer Submission Package, you are stating that you have read and answered all questions and fill ins. Please ensure you provide the following and ensure your company is registered in SAM.gov and JCCS.gov.

• Offer Submission Package

• Subcontractor, Owner, and Employee Data Sheet

• Fuel Source Data Sheet

• Certificate of Analysis (COA) or Certificate of Quality (COQ)

• Letters of commitment

• Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS)

• Must be registered in SAM (www.sam.gov)

• Must be registered in JCCS (www.jccs.gov)

• Provide requested map and vehicle information (see numbers 14 and 15 below)

8. All prime contractors are required to register in the Joint Contingency Contracting System (JCCS), and are required to maintain current, accurate, and complete registration for the life of the contract.

A complete vendor submission (for the prime contractor) in JCCS includes, but may not be limited to, the following:

• Provide DUNS number or CAGE/NCAGE Code (UEI field also in JCCS)

• Articles of Association or Letter of Incorporation for the Company

• Host Nation Business License

• Host Nation Specialty License (if applicable)

• Tax Identification Certificate / Tax Clearance Letter

• Complete questionnaire for CENTCOM (Sign certification within 6-month period) http://www.sam.gov/ http://www.jccs.gov/

• Includes requirement for an Organizational Chart including names & titles of all Key Management Personnel (KMPs)

• Current and valid photo identification of all shareholders, directors, and KMPs (front and back)

• When a shareholder is another entity (company/bank/etc.), please ensure the vendor provides one of the following as the “identification” for that entity:

a) Articles of Association or Letter of Incorporation

b) Business License

c) Annual Report from the previous year

Financial Documents – Balance Sheet; Profit & Loss; Rental Agreement (if applicable); Bank

Statement (within last 6 months, 2024 Calendar Year)

The offeror is prompted to provide all these documents when completing the JCCS profile and questionnaires.

Instructions for both, account registration and training can be found at www.jccs.gov.

9. Offerors shall submit a copy of a Certificate of Analysis (COA) or Certificate of Quality (COQ) for all products offered from their supplier/refinery with their offer. In order for the offeror to demonstrate that they possess the technical capability to provide the fuel (all products in the schedule) which meets the required specification(s), the offeror must present either a current, full specification refinery Certificate of Quality (COQ) or a recertification Certificate of Analysis (COA) if sourcing from a location which blends several batches from more than one refinery source (terminal). All COQ/COAs should be presented in a format which resembles that of the one listed in ASTM D1655, figure X3.2 or the commercial laboratory sample provided. These certificates will be on refinery or commercial laboratory letterhead and signed and dated like the certificates of analysis listed below.

a. Certificates of Analysis will contain the source information (location, tank number, lot/ or batch number, etc.), specification tested to, along with the test methods used for testing.

b. To be acceptable for evaluation, the certificate shall also be signed and stamped by the laboratory manager and be within 30 days of submission from a batch out of the terminal storage tank(s) or refinery batch tank(s) to be used for actual supply.

c. If the supplier is purchasing products from a terminal that receives and blends several different refined products from multiple refineries/sources, a list of those refineries/sources as part of that batch blending shall be submitted for traceability purposes and shall be included on the Fuel Source Data Sheet, if room or on a separate attachment stating that these are refineries used in the blending of that product.

d. Partial quality certificates (with less than the required or listed characteristics tested, as listed in the specification) and manufacturer/product specification sheets will not be accepted. Test results must conform to the Quality Assurance Provision in section C for the fuel type. For line item 0001, diesel, that would be C.16.67-2.

e. All test certificates submitted shall be translated into English and shall be in the same format as required by the original. The original, non-English version will need to accompany the translated version and the offer must ensure that they are one in the same.

f. Translated version must be signed and stamped by the person who translated and the method of translation included.

10. Offerors shall submit letters of commitments from all sources of supplies, transportation sub-contractors, laboratories, and any other sub-contractors (storage, operations, drivers, etc.) from which they will require assistance to fulfill this contract and its requirements. Letters of commitment will be on sub-contractor and/or supplier letterhead.

11. All offerors and subcontractors must be registered in the System for Award Management (SAM).

http://www.jccs.gov/

Instructions for account registration and training can be found at www.sam.gov. FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items (MAY 2024) applies to this acquisition. Offerors shall complete this provision in the System for Award Management (SAM). SAM is an official U.S.

Government system, and all offerors are required to be registered in this system. There is NO fee to register at this site. Please provide your CAGE Code from SAM with your offer.

12. Please be sure to submit a Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) for the requested product(s).

13. Offerors shall provide name, title, and contact information of person(s) authorized to sign offer and negotiate with the Government in connection with this solicitation under K-00001 K33.01 AUTHORIZED

NEGOTIATORS (DLA ENERGY APR 2007).

14. The offeror shall provide a map showing the entire supply chain of the product, from source to final delivery.

15. Offeror shall provide a list of the tank trucks which will be utilized for this contract.

a. Tank Truck list shall include the make and model of the truck, capacities, the plate and registration/vehicle identification number (VIN) numbers, the model year, whether the tank is epoxy coated or not and if the trucks are dedicated to a specific grade of fuel and the grade of fuel it will carry.

b. Offerors shall provide lists of drivers and the vehicles they will be assigned to after award. List will need to have drivers’ full names, identification numbers, and trucks they will be assigned to.

Offeror may also have to provide further information to the Government and/or customer locations to allow entrance and do background checks.

c. For offeror owned assets, the list of assets with the information required under section 9 a. above, is the only thing required, no letter of commitment.

16. Close coordination with site personnel and DLA Energy Middle East Office is required prior to each delivery. Contractor SHALL have all necessary equipment to facilitate downloading fuel into storage apparatus for the line item and a plan in place in case of breakdown to ensure delivery of fuel. If contractor is re-directed to another location, contractor SHALL contact the Contracting Officer immediately/ or within 24 hours for guidance.

17. Contractor SHALL provide the tank batch certificate of quality (COQs) represented for all fuel deliveries under the resultant contract/order to the DLA Energy Middle East Office at DLAEnergyCustomerOps@dla.mil for approval prior to any deliveries. In addition, provide certificate of quality (COQs) to the customer at the time of delivery. A DD250 shall be used as the bill of lading to which the following must be included for all products: temperature, density, corrected density, and corrected quantities (if required) on all shipment documents.

18. Any violation of the Iran Sanctions Act is strictly forbidden. Contractor SHALL not source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under Section 5 of the Iran Sanctions Act.

http://www.sam.gov/

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S)

(ALASKA/HAWAII) (DLA ENERGY JAN 2012)

(1) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract.

The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract provision.

(2) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours.

(3) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as N/A-year requirements.

SUPPLIES, DELIVERY POINTS, ESTIMATED

ITEMS AND METHOD OF DELIVERY QUANTITY OFFERED PRICE

0001 Diesel Fuel, 10 PPM Sulfur (SFD) 1,050,000 USG $

/USG

NSN: 9140-01-556-9156

Delivery Location Name: Mount Har Keren Delivery Street Address: Hwy 211, Exit 928 / 1039 Delivery City: Mount Har Keren Delivery Postal Code: 09343 Delivery Location Country: Israel

Weekday Delivery Hours: 08:00 HR Delivery Days: Local Delivery Services only available Monday through Thursday, not including local Holidays.

Local security has to vet any delivery personnel.

Estimated Annual Requirement: 350,000 U.S.

Gallons (USG) Unit of Measure: UG6 – US Gallons (USG) Estimated Monthly Requirement: 29,166 USG Estimaed Initial Delivery Quantity: 7,722 USG Delivery Frequency: Weekly Number of Deliveries: 144

Storage Capacity: 4 – 25,000 Above Ground Tank Method of Delivery: TTWP – Tank Truck w/ Pump & Meter Additional Delivery Comments:

A copy of the driver’s Israel Driver’s License (required); and a copy of the driver’s Passport (required). Both copies are required.

Local Security must vet any/ all delivery personnel.

F-0005 F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND

DETENTION RATES (PC&S) (DLA ENERGY AUG 2005)

(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 when the discharge hose is connected to the receiving line at the delivery point and will end when discharge is completed. The Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required.

(1) Free time for unloading a transport truck or truck and trailer (includes one hour minimum plus any additional time) .

(2) Rate for detention beyond free time: .

The above will not be considered in the evaluation of offers for award except that a free time of less than one hour may render an offer unacceptable. Notwithstanding the above, the Government is entitled to at least as much free time as is allowed by the common carrier or that the Contractor normally allows its regular commercial customers, whichever is greater. Free time only applies to single-drop deliveries (it is not applicable to multiple-drop tank truck/truck and trailer deliveries or any tank wagon deliveries).

(b) Notwithstanding the above, the Government will not pay more in detention rates than the actual rate charged by the common carrier or the rate the Contractor normally charges its regular commercial customers, whichever is lower. Detention costs will be the sole responsibility of the activity incurring them and are only allowable on single drop deliveries (they are not allowable on multiple drop tank truck/truck and trailer deliveries or any tank wagon deliveries.

Invoices for detention costs will be submitted by the Contractor directly to the activity receiving the product. These provisions are applicable to DLA-owned/capitalized as well as non-DLA-owned/noncapitalized products.

(c) UNLESS THE OFFEROR OTHERWISE INDICATES IN PARAGRAPHS (a)(1) AND (a)(2)

ABOVE, FREE TIME WILL BE CONSIDERED UNLIMITED AND DETENTION COSTS

WILL NOT BE CHARGEABLE.

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE

MAILED (DLA ENERGY JAN 2017)

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT or the

PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR

AWARD MANAGEMENT clause.)

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

G-0003 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS

– FEDERAL RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY

JAN 2012)

(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN.

(b) Any change by the Contractor in the designation of the bank account to receive electronic transfer of funds in accordance with this contract text must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

(c) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR PRINTING)

RECIPIENT’S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

ORIGINATOR ABA: ____044036205____ (DLA ENERGY fill-in)

CONTRACT NUMBER: ______________________________________________ (DLA ENERGY fill-in)

RECIPIENT’S CAGE CODE: __________________

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT’S DUNS NUMBER: ______________________________________

BENEFICIARY’S BANK NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

BENEFICIARY’S BANK ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(DO NOT EXCEED 25 CHARACTERS)

BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________

BENEFICIARY’S BANK SWIFT NUMBER: | | | | | | | | | | | |

(EITHER 8 OR 11 CHARACTERS ONLY)

IBAN NUMBER: ______________________________________

BENEFICIARY’S BANK SORT CODE: | | | | | | | (FOR BANKS IN THE UNITED

KINGDOM ONLY)

(6 CHARACTERS ONLY)

(d) CONTRACTOR’S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS

TRANSFER INFORMATION.

NAME | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TITLE | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TELEPHONE NUMBER | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

SIGNATURE _______________________________________________________

(e) Notwithstanding any other provision of the contract, the requirements of this contract text shall control.

FAR 52.203-2 – CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR

1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the dis-closure.

FAR 52.223-3 – HAZARDOUS MATERIAL IDENTIFICATION AND

MATERIAL SAFETY DATA (FEB 2021)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to

Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows: (1)To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

FAR 52.229-11 – TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND

REPRESENTATION (JUN 2020)

(a) Definitions. As used in this provision— Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C- 1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7).

The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [_] is [_] is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

FAR 52.204-17 – OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: ____________

Immediate owner legal name: ____________

(Do not use a "doing business as" name)

Is the immediate owner owned or controlled by another entity?: □ Yes or □ No.

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ____________

Highest-level owner legal name: ____________

(Do not use a "doing business as" name) https://www.irs.gov/help/tax-law-questions

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code:____________ (or mark "Unknown").

Predecessor legal name: ____________.

(Do not use a "doing business as" name).

FAR 52.204-20 – PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization

(NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a

Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: .

(Do not use a "doing business as" name).

FAR 52.204-24 - REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

FAR 52.204-26 – COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

FAR 52.209-2 – PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS-REPRESENTATION (NOV 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

https://www.acquisition.gov/content/9108-2-prohibition#i1116407 https://www.acquisition.gov/content/9108-4-waiver#i1116422

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

FAR 52.209-11 – REPRESENTATION BY CORPORATIONS

REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted…