14Q0080.doc

Section SF 1449 - CONTINUATION SHEET

N4215840875143

FFP

LOWBOY TRAILER, OVER-WIDE SEMI-TRAILER. SINGLE DROP (I.E. MAIN DECK AND REAR DECK SHALL BE SAME HEIGHT) , 50 TON PAYLOAD CAPACITY, 12FT X 40 FT LONG, SMOOTH STEEL PLATE FLOORING WELDED TO THE MAIN/REAR DECK.

SEE ATTACHED SCOPE FOR DETAILS ON SPECIFICATIONs

FOB: Destination

MILSTRIP: N4215840875143

PURCHASE REQUEST NUMBER: N4215840875143

PROJECT: NN1

NET AMT

SCOPE

1. SCOPE

This specification describes the minimum performance and detail requirements for the manufacture and delivery of quantity two (2) new over-wide Lowbed (aka. lowboy or drop deck) semi-trailers to be used for transport of 7000 gallon capacity tank units. Single drop (i.e. main deck and rear deck shall be same height), 50 ton payload capacity, 12 feet wide by 40 feet long (max), smooth steel plate flooring welded to the main/rear deck.

2. APPLICABLE DOCUMENTS

2.1. General. Documents listed in this section are specified in sections 3 and 4 of this specification. This section does not include documents cited in other sections of this specification or recommended for additional information or as examples. While every effort has been made to ensure the completeness of this list, document users are cautioned that they must meet all specified requirements of documents cited in sections 3 and 4 of this specification, whether or not they are listed.

2.2. Government Publications. The following documents form a part of this document to the extent specified herein. Unless otherwise specified, the issues of these documents are those cited in the solicitation or contract.

COMBINED FEDERAL REGULATIONS

49 CFR 393

Parts and Accessories Necessary for Safe Operation

49 CFR 565

Vehicle Identification Number (VIN) Requirements

49 CFR 567

Certification

49 CFR 571

Federal Motor Vehicle Safety Standards

(Copies available online at http://www.gpo.gov/fdsys)

2.3. Order of Precedence. Unless otherwise noted herein or in the contract, in the event of a conflict between the text of this document and the references cited herein, the text of this document takes precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained.

3. REQUIREMENTS

3.1. General.

3.1.1. General Description and Intended Use. The equipment will be used to transport items up to 50 tons with a high center of gravity (approximately 55 inches above the main deck).

3.1.2. Material Safety Data Sheets (MSDS). In accordance with Federal Acquisition Regulation (FAR) subpart 23.3, offerors and Suppliers shall be required to submit Material Safety Data Sheets (MSDSs) whenever the equipment being acquired or equipment used during performance are identified as hazardous materials. Hazardous Materials shall include any material which, by virtue of its potentially dangerous nature including toxic, flammable, corrosive, oxidizing, irritating, sensitizing, and reactive, requires controls in its use, packaging, handling, storage, or stowage, to assure adequate safety to life and property. This definition is intended to apply to proprietary industrial, commercial, or locally prepared blends, mixtures, formulations, or compounds of gases, liquids, and solids intended for use at the job site. Any other material that has been designated by a Government technical representative as potentially hazardous and requiring safety controls shall also be supplied with a MSDS. To allow NNSY to remove paint during any post-delivery modifications, the Supplier shall provide all Material Safety Data Sheets (MSDS) for all paint used on the item.

3.1.3. Restricted Colors. The Shipyard uses the colors magenta, yellow, red, and blue to identify specially controlled materials. The Supplier is specifically prohibited from using magenta, yellow, red, or blue colored plastic wrapping materials, bags, tape, or other covering materials.

3.1.4. Ferrous Parts. Exposed ferrous parts such as screws, bolts, nuts, and washers shall resist corrosion in a salt-laden, moist, variable temperature atmosphere. Protection such as cadmium or chrome plating, galvanizing or other electrical/chemical process, or stainless steel is acceptable.

3.2. Essential System Characteristics.

3.2.1. Payload Capacity: 50 ton (100,000 pounds) loaded capacity with a concentrated load capacity of 100,000 pounds in any 16 feet of length or better.

3.2.2. Trailer Parameters:

a. DECK WIDTH (upper, main and rear deck) = 144 inches (12 feet)

b. MAIN AND REAR DECK COMBINED LENGTH = 28 minimum, 29 feet maximum

c. MAIN AND REAR DECK HEIGHT = Not to exceed 44 inches to top of deck when fully loaded.

d. UPPER DECK/GOOSENECK LENGTH = Not to exceed 11 feet

e. OVERALL TRAILER LENGTH = Not to exceed 40 feet

f. SWING CLEARANCE = 84 inches

g. KINGPIN SETTING = 16 inches

h. KINGPIN DIAMETER = 2 inches

i. FIFTH WHEEL TRAILER PLATE HEIGHT (PLATE TO GROUND) = 45 to 48 inches

j. GROSS VEHICLE WEIGHT RATING (GVWR) = Not to exceed 150,000 lbs.

k. GROSS AXLE WEIGHT RATING (GAWR) = 25,000 pounds minimum per axle

l. ALLOWABLE SPEED WITH LOAD = 60 miles per hour minimum.

3.2.3. General Specifications:

a. Trailer shall comply with applicable sections of 49CFR (Code of Federal Regulations) part 393, Parts and Accessories Necessary for Safe Operation as well as applicable sections that appear in 49CFR parts 565 and 571, Federal Motor Vehicle Safety standards in addition to any requirements included in this document.

b. All welding shall meet American Welding Society D1.1 (or equivalent).

c. Trailer frame and deck shall be of all steel construction. Structural members shall be properly sized and utilize the proper grade of steel to handle the imposed loads and stresses. Bolted or pinned structural members are not allowed.

3.2.4. Upper Deck/Gooseneck Assembly:

a. Fifth wheel plate shall be minimum ¼ inch thick steel.

b. Kingpin setting shall be 16 inches and 48 to 51 inches in height. Kingpin shall be per SAE standards SAE J133, SAE J700 and SAE J2228.

c. Swing clearance shall be 84 inches.

d. Tractor mating glad hands shall be centered on front of trailer.

e. Gooseneck connection to main deck shall be no wider than 57 inches (see figure 1a). Alternately, upper deck connection to main deck must have openings as shown in figure 1b.

3.2.5. Main and Rear Deck:

a. Main deck and rear deck (area over the axles) shall be the same height and shall be covered with 3/16 inch thick minimum smooth and level steel plate. Deck stiffeners and spacers shall be installed as needed to meet the trailer load capacity and provide a level deck. Stiffeners/spacers shall be welded in place. Difference in height due to camber of the main trailer beams shall be no more than 1 inch front to back. Deck shall be level side to side.

b. Main and rear deck steel deck plate shall be secured by welding, no bolts or other fasteners should be used. Decking plate seams shall be 100% welded and ground flush. Penetrations in the smooth steel decking should be avoided. There are to be no protrusions from the deck.

3.2.6. Trailer Frame:

a. Trailer shall use center frame construction with suitably sized, continuous length I beams. Web stiffeners shall be installed at high load points. No splicing of web material is allowed.

b. Cross members shall be suitably sized I-beam or structural tubing with a maximum 24 inches on center spacing.

c. Side rails shall be mill channel with knee braces installed a maximum of 48 inches on center.

d. Wheel areas shall have sufficient stiffeners added at critical suspension locations.

e. D-rings shall be installed on the sides and end of the trailer, 4 evenly spaced on each side, two on the end. Minimum breaking strength of 46,000 lbs.

3.2.7. Axles/Suspensions:

a. Suspensions shall be suitably sized heavy duty multi-spring leafs of sufficient capacity to support the trailer and the required payload capacity while maintaining the required deck height.

b. Trailer shall be equipped with three (3) axles installed on approximately 49 to 50 inch axle centers. Axles shall have a minimum load rating of 25,000 pounds per axle. The minimum track length of each axle shall be 120 inches (10 ft).

c. Axles shall be equipped with dual wheels and oil bath hub seals for a total of 12 wheels. Wheels shall be suitably sized and of sufficient load capacity to meet the required GAWR and maintain the required deck height.

d. Axle/Suspension stops shall be installed as recommended by the suspension manufacturer to prevent excessive axle articulation on grade approaches that may cause the tires to strike the underside of the trailer deck.

e. Tires shall be pneumatic tubeless type suitably sized and of sufficient load capacity to meet the required GAWR and maintain the required deck height.

f. Brakes shall be minimum 16-1/2 inch X 7 inch air brakes with automatic slack adjusters and anti-lock braking system (ABS). Brake system shall be designed for automatic application of brakes in case of break-away or severing of trailer air connections.

g. Trailer shall be equipped with front landing gear consisting of two (2) vertical legs, one on each side. Landing gear (combined) shall be capable of supporting at least half the GVWR of the trailer. Landing gear shall be hand crank two-speed type designed for one man operation. Hand crank shall be located on curbside of the trailer. Legs shall be located outside 84 inch swing radius. Landing gear shoes shall be minimum 10 inch by 10 inch pivoting shoes.

3.2.8. Electrical System:

a. Electrical system shall be standard 12 Volt with negative ground. Electrical wiring shall be installed in a sealed harness or conduit. Wiring shall be properly sized to provide adequate voltage to lights.

b. Lights shall be shock proof, rubber mounted and seated.

3.2.9. Painting/Preservation:

a. Entire trailer is to be cleaned and prepared to accept a complete coat of primer in accordance with the paint manufacturers written instructions. All mill scale and weld slag shall be removed prior to priming.

b. All metal parts which are not stainless steel, chrome or aluminum shall be painted with a durable coating suitable for use in a coastal marine environment. Paint shall be applied using at least one coat of corrosion resistant primer and at least two topcoats. Paint color maybe any shade of white, gray or silver. Paint and paint primers shall be free of Lead, Cadmium and Chromium.

3.2.10. Miscellaneous:

a. An identification plate in accordance with 49 CFR part 567 shall be installed in the location specified by the code. In addition to the information required per 49 CFR part 567, the following information is to be on the label plate:

(1) Manufacturer’s serial number

(2) Contract number

(3) Maximum allowable speed loaded/unloaded

b. Main/rear deck paint identification information, including MSDS’s for the paint and primer used to coat the main/rear deck 3/16 inch plate is to be provided in writing by the vendor.

c. Lubrication Chart or Plate. A lubrication plate or chart shall be securely attached to each trailer. If a chart is furnished, it shall be placed in a transparent plastic folder or laminated between permanently sealed clear plastic sheets. The following information shall be furnished on the chart or plate:

(1) Points of application

(2) Service interval

(3) Type of lubricant

(4) Viscosity

(5) Federal or military specification number (if available)

d. Commercial Technical Data. A paper copy of technical data shall be furnished with the trailers. In addition a copy is to be provided on CD in pdf format. The contents of a complete set of technical data shall include, as a minimum, the following:

(1) Operating instructions including rated capacity and corresponding resulting wheel loads.

(2) Maintenance, preventative maintenance, service, and overhaul instructions

(3) Parts list, illustrated

e. Manual/Technical Data Packaging. The manual(s) shall be bound or otherwise securely enclosed in an oil and moisture resistant binder(s). Each binder cover shall indicate in bold type the manufacturer's name, contract number, and model number.

3.2.11. Operational Environment. The system shall operate in an outdoor marine environment with ambient temperature ranging from 15 to 104 degrees Fahrenheit. The equipment is not intended be submerged or partially submerged in salt water; although, salt water spray shall be tolerated.

3.2.12. Receiving Activity Point of Contact. The Government’s receiving activity will designate a Point of Contact who will be responsible for appropriate surveillance and coordination of all services to be performed under this contract. The Point of Contact shall serve as the Supplier’s primary contact for all interaction with other Shipyard and Government activities. The Supplier's Field Supervisor will be notified of any change in personnel performing this duty.

4. Quality assurance

4.1. Welder Qualification. Welders shall be qualified to AWS D1.1 (or equivalent). Vendor shall submit to the government documentation of welder qualification.

4.2. Inspection at Origin. Supplier shall be responsible for the performance of all inspection requirements to determine conformance with the requirements of this specification. The Government reserves the right to perform any inspections set forth in the specification where such inspections are deemed necessary to ensure the equipment meets the specifications.

5. SCHEDULE

5.1. Within 180 days of contract award, the Vendor shall deliver the quantity required in Section 1.

5.2. Within 72 hours of delivery date, the Vendor shall inform Norfolk Naval Shipyard of the delivery date. POC: TO BE PROVIDED AT TIME OF AWARD

6. NOTES

6.1. Warranty. Equipment specified herein shall be covered with a standard manufacturers’ minimum one year warranty. Any product or part thereof covered by this specific order which, under normal operating conditions, proves defective in material or workmanship or fails to perform in accordance with the Specifications within twelve (12) months from the date of acceptance or eighteen (18) months from the date of shipment, whichever is earlier, will be repaired or replaced without delay by Seller free of charge. The warranty period is extended for the period the equipment is defective or fails to perform in accordance with Specifications. This warranty is in lieu of all other warranties expressed or implied including merchantability and fitness for a particular purpose. In no event shall seller have any liability for loss of use or for any indirect, incidental or consequential damages. All Original Equipment Manufacturer warranties which are passed through Suppliers are applicable.

6.2. Shipping and Delivery.

6.2.1. Delivery. The equipment shall be prepared for shipment in accordance with the provisions identified herein. The Supplier shall notify the receiving activity of the scheduled arrival date of the equipment and any special handling requirements. Notification shall be made not less than 72 hours prior to the delivery date. This notification is necessary to ensure off-loading services are arranged. If proper notification is not given, the Government will not be responsible for any delays caused by the inability to off-load the equipment upon delivery. Delivery shall be made to the following address:

Norfolk Naval Shipyard

Bldg. 276 – Receiving, 757-396-7703/5815

Beatty Street

Portsmouth, VA 23709

Attn: TO BE PROVIDED AT TIME OF AWARD

6.2.2. Condition. Vendor shall ensure that, upon delivery, the trailer has been serviced and adjusted for operational use including at least the following: proper adjustment of the brake system, proper inflation of all tires, complete lubrication of chassis and ensuring that all lights are operating correctly.

6.2.3. Inspection and Acceptance. Inspection and acceptance of the trailer shall be made by the receiving activity at destination. Inspection shall consist of inspection for damage during transit, verification of quantities and dimensions as well as any other inspections deemed necessary by the receiving activity to ensure that trailer conforms to the requirements of the contract. Acceptance shall be made upon satisfactory completion of all inspections.

6.3. Submittals:

6.3.1. Prior to or at the time of delivery, vendor shall provide the following:

a. Completed trailer drawings or sketches as well as component manufacturers’ literature, including: parts lists, exploded assembly views, part/model numbers and maintenance information for the axles, brakes and antilock braking system, suspension, wheels, landing gear and lighting components.

b. Design load and ultimate load on any D-rings and other holddown devices present.

c. Main/rear deck 3/16 inch plate material specification (ASTM or other) and grade/class/type is to be provided in writing by the vendor.

d. Main/rear deck paint identification information, including MSDS’s for the paint and primer used to coat the main/rear deck 3/16 inch plate is to be provided in writing by the vendor

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

RECEIVING OFFICER

BLDG 276

PORTSMOUTH VA 23709-5000

FOB: Destination N42158

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price and technical capability of the item offered to meet the Government requirement

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.

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.

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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

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

(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 electronically on the SAM website.

(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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) 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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): 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 [ ___ ballot] is, [ ___ ballot] 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 [ ___ ballot] is, [ ___ ballot] 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 [ ___ ballot] is, [ ___ ballot] 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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ___ ) is, ( ___ ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ___ ) has, ( ___ ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --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 Act--Supplies.”

(2) Foreign End Products:

(List as necessary)

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

(g)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--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 Act--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 Act--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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-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 Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 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 Act--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 Act. 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 --

(1) The offeror and/or any of its principals ( ___ ) are, ( ___ ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(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. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the 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. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

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

(1) Listed end products.

(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 it 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…