Amendment 0001 for SPRDL1-25-Q-0096.pdf
PDF 83 KB Posted
- Attached to
- Axle Assembly, Autom Federal contract opportunity
- Solicitation number
- SPRDL1-25-Q-0096
About this file
Amendment 0001 for Solicitation SPRDL1-25-Q-0096 extends the closing date for a procurement of axle assemblies from May 5, 2025, to June 6, 2025, at 1:00 PM EST. The solicitation is for 12 axle assemblies (NSN: 2520-01-572-2686) to be delivered to the DLA Distribution New Cumberland Facility in Pennsylvania. The contract is a firm fixed-price supply contract, and the manufacturer's part number is 3824087 with a CAGE code of 75Q65.
The amendment also incorporates changes related to two Defense Pricing, Contracting, and Acquisition Policy (DPCAP) Class Deviations: 2025-O0003 on Restoring Merit-Based Opportunity in Federal Contracts and 2025-O0004 on Revocation of Executive Order on Sustainability. Specific provisions and clauses have been updated, including modifications to representations and certifications for commercial products and services, and adjustments to contract terms related to sustainability and small business utilization.
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of
2. Amendment/Modification No.
3. Effective Date
4. Requisition/Purchase Req No.
5. Project No. (If applicable)
6. Issued By Code 7. Administered By (If other than Item 6) Code
8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)
9A. Amendment Of Solicitation No.
9B. Dated (See Item 11)
10A. Modification Of Contract/Order No.
10B. Dated (See Item 13) Code Facility Code
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting And Appropriation Data (If required)
13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS
It Modifies The Contract/Order No. As Described In Item 14.
A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In
The Contract/Order No. In Item 10A.
B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set
Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).
C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:
D. Other (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.
14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. Name And Title Of Signer (Type or print)
16A. Name And Title Of Contracting Officer (Type or print)
15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed
By (Signature of person authorized to sign) (Signature of Contracting Officer)
NSN 7540-01-152-8070
PREVIOUS EDITIONS UNUSABLE
30-105-02 STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA FAR (48 CFR) 53.243
SEE SCHEDULE
X
Firm Fixed Price
SPRDL1
DLA LAND WARREN
WARREN, MI 48397-5000
STACY JOHNSON
EMAIL: STACY.M.JOHNSON@DLA.MIL
SPRDL1-25-Q-0096
2025APR03
X
X 2025JUN06 01:00pm
2 signed
SEE SECOND PAGE FOR DESCRIPTION
1 20
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: STACY JOHNSON
Buyer Office Symbol/Telephone Number: ZGBB/(586)747-4511
Type of Contract 1: Firm Fixed Price
Kind of Contract: Supply Contracts and Priced Orders
*** End of Narrative A0000 ***
Amendment 0001 to Solicitation SPRDL1-25-Q-0096 is to make the following changes:
\ Extend the closing date from 2025MAY05 (1300 EST) to 2025JUN06 (1300 EST).
\ri5400Remove provisions and clauses in accordance with
Defense Pricing, Contracting, and Acquisition Policy
(DPCAP) Class Deviation 2025-O0003, Restoring Merit-
Based Opportunity in Federal Contracts, incorporate the deviated clauses listed in Attachment 1 of DPCAP Class
Deviation 2025-O0003, and remove clauses in accordance with DPCAP Class Deviation 2025-O0004, Revocation of
Executive Order on Sustainability, and incorporate the deviated provisions and clauses listed in Attachment 1 and Attachment 2 of DPCAP Class Deviation 2025-O0004.
\ri5400The following provision and/or clause deviations are revised with this amendment:
.212-3 - Offeror Representations and Certifications-
Commercial Products
52.212-5 - Contract Terms and Conditions Required to
Implement Statues or Executive Orders- Commercial
Products
52.223-23 - Sustainable Products and Services
\ All other terms and conditions will remain the same.
*** END OF NARRATIVE A0002 ***
2 20
SPRDL1-25-Q-0096
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SUPPLIES OR SERVICES AND PRICES/COSTS
0001 PRODUCTION QUANTITY 12 EA $ $ ___________________ ______________ __________________
NSN: 2520-01-572-2686
COMMODITY NAME: AXLE ASSEMBLY,AUTOM
CLIN CONTRACT TYPE:
Firm Fixed Price
Mfr CAGE: 75Q65
Mfr Part Number: 3824087
(End of narrative A001)
PRON: EH5C0300EH PRON AMD: 01
AMS CD: SM2B1100000
Description/Specs./Work Statement _________________________________
TOP DRAWING NR: NO TDP
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
SEE PACKAGING REQUIREMENTS CLAUSE
INTERMEDIATE PACK: 001
LEVEL PRESERVATION: Military
LEVEL PACKING: A
Inspection and Acceptance _________________________
INSPECTION: Origin ACCEPTANCE: Origin
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
001 W56HZV5056021V W25G1U J 2
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 12 0390
FOB POINT: Destination
SHIP TO:
(W25G1U) SR W1A8 DLA DISTRIBUTION
DDSP NEW CUMBERLAND FACILITY
2083 NORMANDY DRIVE DOOR 113 TO 134
NEW CUMBERLAND,PA,17070-5002
3 20
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
4 20
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT CLAUSES
Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________
1 CHANGED 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR MAR/2025
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR
2025) (DEVIATION 2025-O00003) and (DEVIATION 2025-O00004)
\ (a)The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
\ (1)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements(Jan 2017)(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered
Entities(Dec 2023)(Section 1634 of Pub. L. 115-91).
(3)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.(Nov 2021)(Section
889(a)(1)(A) of Pub. L. 115-232).
(4)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations(Nov 2015).
(5)52.232-40, Providing Accelerated Payments to Small Business Subcontractors(Mar 2023)(31 U.S.C. 3903and10 U.S.C. 3801).
(6)52.233-3, Protest After Award(Aug 1996)(313553).
(7)52.233-4, Applicable Law for Breach of Contract Claim(Oct 2004)(Public Laws 108-77 and 108-78 ( 19
\ (b)Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
\ __52.203-6, Restrictions on Subcontractor Sales to the Government(Jun 2020),withAlternate I(Nov 2021)(41and10 U.S.C. 4655).
__52.203-13, Contractor Code of Business Ethics and Conduct(Nov 2021)(41
__52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009(Jun 2010)(Section 1553 of Pub. L. 111-
5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__52.203-17, Contractor Employee Whistleblower Rights(Nov 2023)(41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence communitysee FAR3.900(a).
X52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards(Jun 2020)(Pub. L. 109-282) (31).
__52.204-14 ulnone, Service Contract Reporting Requirements(Oct 2016)(Pub. L. 111-117, section 743 of Div. C).
__52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts(Oct 2016)(Pub. L. 111-117, section 743 of Div.
C).
X52.204-27, Prohibition on a ByteDance Covered Application(Jun 2023)(Section 102 of Division R of Pub. L. 117-328).
__52.204-28, Federal Acquisition Supply Chain Security Act OrdersFederal Supply Schedules, Governmentwide Acquisition Contracts, and
Multi-Agency Contracts.(Dec 2023)(Pub. L. 115390, title II).
X
\ (i)52.204-30, Federal Acquisition Supply Chain Security Act OrdersProhibition.(Dec 2023)(Pub. L. 115390, title II).
__I(Dec 2023)of52.204-30.
\ X52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or
Voluntarily Excluded. (Jan2025) (31).
__52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters(Oct 2018)(41).
__52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15).
__52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15
\ (i)52.219-6, Notice of Total Small Business Set-Aside(Nov 2020)(15
__I(Mar 2020)of52.219-6.
\ (i)52.219-7, Notice of Partial Small Business Set-Aside(Nov 2020)(15
__I(Mar 2020)of52.219-7.
\ X52.219-8, Utilization of Small Business ConcernsJan 2025)(15(d)(2) and (3)).
\ (i)52.219-9, Small Business Subcontracting PlanJan 2025)15(d)(4)).
__I(Nov 2016)of52.219-9.
__II(Nov 2016)of52.219-9.
__III(Jun 2020)of52.219-9.
__IVJan 2025)52.219-9.
5 20
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
\ (i)52.219-13, Notice of Set-Aside of Orders(Mar 2020)(15
__I(Mar 2020)of52.219-13.
\ __52.219-14, Limitations on Subcontracting (Oct 2022) (15
__52.219-16, Liquidated DamagesSubcontracting Plan(Sep 2021)(15
__52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible
Under the SDVOSB Program (Feb 2024) (15
X
\ (i)52.219-28,PostawardBusiness Program RerepresentationJan 2025)
__I(Mar 2020)of52.219-28.
\ __52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct
2022) (15
__52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small
Business Program (Oct 2022) (15
__52.219-32, Orders Issued Directly Under Small Business Reserves(Mar 2020)(15(r)).
__52.219-33, Nonmanufacturer Rule(Sep 2021)(15 U.S.C. 637(a)(17)).
X52.222-3, Convict Labor(Jun 2003)(E.O.11755).
X52.222-19, Child LaborCooperation with Authorities and Remedies(Jan 2025)(E.O. 13126).
X[Reserved]
X[Reserved]
X
\ (i)52.222-35, Equal Opportunity for Veterans(Jun 2020)(38).
__I(Jul 2014)of52.222-35.
\ X
\ (i)52.222-36, Equal Opportunity for Workers with Disabilities(Jun 2020)(29).
__I(Jul 2014)of52.222-36.
\ X52.222-37, Employment Reports on Veterans (Jun 2020) (38).
__52.222-40, Notification of Employee Rights Under the National Labor Relations Act(Dec 2010)(E.O. 13496).
X
\ (i)52.222-50, Combating Trafficking in Persons(Nov 2021)(22and E.O. 13627).
__I(Mar 2015)of52.222-50(22U.S.C.and E.O. 13627).
\ __52.222-54, Employment Eligibility Verification(Jan 2025)(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR22.1803.)
\ (i)52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated Items (May 2008) ( 42(Not applicable to the acquisition of commercially available off-the-shelf items.)
__I(May 2008)of52.223-9(42U.S.C.(Not applicable to the acquisition of commercially available off-the-shelf items.)
\ X52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons(May 2024)(42 U.S.C. 7671,et seq.).
__52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners(May 2024)(42 U.S.C. 7671,et seq.).
__52.223-20, Aerosols(May 2024)(42 U.S.C. 7671,et seq.).
__52.223-21, Foams(May 2024)(42 U.S.C. 7671,et seq.).
X(46)52.223-23, Sustainable Products and Services(MAR 2025)(E.O. 14057,7 U.S.C. 8102,42 U.S.C. 6962,42 U.S.C. 8259b, and42 U.S.C.
7671l)(DEVIATION 2025-O0004).
\ (i)52.224-3Privacy Training(Jan 2017)(5 U.S.C. 552a).
__I(Jan 2017)of52.224-3.
\ (i)52.225-1, Buy American-Supplies(Oct 2022)(41
__I(Oct 2022)of52.225-1.
\ (i)52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act(NOV 2023)(19 U.S.C. 3301 note,19 U.S.C. 2112 note,19 U.S.C. 3805 note,19 U.S.C. 4001 note,19 U.S.C. chapter 29(sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-
169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__I [Reserved].
__II(Jan 2025)of52.225-3.
__III(Feb 2024)of52.225-3.
__IV (Oct 2022) of52.225-3.
\ __52.225-5, Trade Agreements(NOV 2023)(19,et seq.,19note).
X52.225-13, Restrictions on Certain Foreign Purchases(Feb 2021)(E.O.s, proclamations, and statutes administered by the Office of Foreign
Assets Control of the Department of the Treasury).
__52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the
National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42
__52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area(Nov 2007)(42
X52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving(May 2024)(E.O. 13513).
6 20
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
__52.229-12, Tax on Certain Foreign Procurements(Feb 2021).
__52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services(Nov 2021)(4110 U.S.C. 3805).
__52.232-30, Installment Payments for Commercial Products and Commercial Services(Nov 2021)(4110 U.S.C. 3805).
X52.232-33, Payment by Electronic Funds Transfer-System for Award Management(Oct2018)(31).
__52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31
__52.232-36, Payment by Third Party(May 2014)(313332).
__52.239-1, Privacy or Security Safeguards(Aug 1996)(5).
__52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign
Entities(Nov 2024)(Sections 1821-1826, Pub. L. 118-31,41 U.S.C. 3901note prec.).
__52.242-5, Payments to Small Business Subcontractors(Jan 2017)(15
\ (i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels(Nov 2021)(46 U.S.C. 55305and 10
__I(Apr 2003)of52.247-64.
__II(Nov 2021)of52.247-64.
\ (c)The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
\ __52.222-41, Service Contract Labor Standards(Aug 2018)(41
__52.222-42, Statement of Equivalent Rates for Federal Hires(May 2014)(29and 41
__52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)(Aug
2018)(29and 41
__52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206and 41
__52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment-Requirements (May 2014) (41
__52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements(May
2014)(41
__52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026(Jan 2022).
__52.222-62, Paid Sick Leave Under Executive Order 13706(Jan 2022)(E.O. 13706).
__52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42
__52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking(Jan 2025)(49 U.S.C.
40118(g)).
\ (d)Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR2.101, on the date of award of this contract, and does not contain the clause at52.215-2, Audit and Records-Negotiation.
\ (1)The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractors directly pertinent records involving transactions related to this contract.
(2)Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3)As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
\ (e)
\ (1)Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
\ (i)52.203-13, Contractor Code of Business Ethics and Conduct(Nov 2021)(41
(ii)52.203-17, Contractor Employee Whistleblower Rights(Nov 2023)(41 U.S.C. 4712).
(iii)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division
E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered
Entities(Dec 2023)(Section 1634 of Pub. L. 115-91).
(v)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.(Nov 2021)(Section
889(a)(1)(A) of Pub. L. 115-232).
(vi)52.204-27, Prohibition on a ByteDance Covered Application(Jun 2023)(Section 102 of Division R of Pub. L. 117-328).
(vii)
\ (A)30, Federal Acquisition Supply Chain Security Act OrdersProhibition.(Dec 2023)(Pub. L. 115390, title II).
(B)I(Dec 2023)of 52.20430.
\ (viii)52.219-8, Utilization of Small Business ConcernsJan 2025)15and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in
7 20
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
FAR19.702(a) on the date of subcontract award, the subcontractor must include52.219-8in lower tier subcontracts that offer subcontracting opportunities.
(ix)[Reserved]
(x)[Reserved]
(xi)52.222-35, Equal Opportunity for Veterans(Jun 2020)(38U.S.C.
(xii)52.222-36, Equal Opportunity for Workers with Disabilities(Jun 2020)(29
(xiii)52.222-37, Employment Reports on Veterans(Jun 2020)(38U.S.C.
(xiv)52.222-40, Notification of Employee Rights Under the National Labor Relations Act(Dec 2010)(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause52.222-40.
(xv)52.222-41, Service Contract Labor Standards(Aug 2018)(41).
(xvi)
\ (A)52.222-50, Combating Trafficking in Persons(Nov 2021)(22and E.O 13627).
(B)I(Mar 2015)of52.222-50(22
\ (xvii)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment-Requirements (May 2014) (41
(xviii)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements(May
2014)(41
(xix)52.222-54, Employment Eligibility Verification(Jan 2025)(E.O. 12989).
(xx)52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026(Jan 2022).
(xxi)52.222-62, Paid Sick Leave Under Executive Order 13706(Jan 2022)(E.O. 13706).
(xxii)
\ (A)52.224-3, Privacy Training (Jan 2017) (5).
(B)I(Jan 2017)of52.224-3.
\ (xxiii)52.225-26, Contractors Performing Private Security Functions Outside the United States(Oct 2016)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations(Jun 2020)(42Flow down required in accordance with paragraph
(e) of FAR clause52.226-6.
(xxv)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903and10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of52.232-40.
(xxvi)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign
Entities(Nov 2024)(Sections 1821-1826, Pub. L. 118-31,41 U.S.C. 3901note prec.).
(xxvii)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels(Nov 2021)(46 U.S.C. 55305and 10Flow down required in accordance with paragraph (d) of FAR clause52.247-64.
\ (2)While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
8 20
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
2 CHANGED 52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND MAR/2025
COMMERCIAL SERVICES (MAR 2025) (DEVIATION 2025-O00003) and (DEVIATION
2025-O00004)--ALTERNATE I (FEB 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for
Certain Telecommunications and Video Surveillance Services or Equipment.
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6
U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 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.
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Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment.
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"
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 (SDVOSB) concern means a small business concern
(1) (i) Not less than 51 percent of which is owned and controlled 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; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator
Subsystem, or successor system that is maintained by the Department of Veterans Affairs Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration
(SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before
December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
Small business concern
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
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(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.
SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by
(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation
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.
Veteran-owned small business concern means a small business concern
(1) Not less than 51 percent of which is owned and controlled 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women
Women-owned small business concern means a small business concern
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(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 in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov
. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
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These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with
19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that
(i) It __ is, __ is not a small business concern; or
(ii) It __ is, __ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and
(b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
(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) SDVOSB 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 that it __ is, __ is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it __ is, ___ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.] The offeror represents that it __ is, __ is not a small disadvantaged business concern as defined in 13 CFR
124.1001.
(6) 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.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it __ is, __ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it __ is, __ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) 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.
(10) 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:____________
(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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of
HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It __ is, __ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
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(d) [Reserved]
(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB
Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)
(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the
Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items.
If the percentage of the domestic content is unknown, select no.
(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR
25.105).
(iv) The terms commercially available off-the-shelf (COTS) item, critical component, domestic end product, "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)
[List as necessary]
(3) Domestic end products containing a critical component:
Line Item No. ___
[List as necessary]
(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free
Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.
(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item,"
"critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade
Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy
American-Free Trade Agreements-Israeli Trade Act."
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy
American-Free Trade Agreements-Israeli Trade Act."
Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End
Products:
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Line Item No. Country of Origin
[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-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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the
Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items.
If the percentage of the domestic content is unknown, select no.
Other Foreign End Products:
Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)
[List as necessary]
(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
Line Item No. ___
[List as necessary]
(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled Buy AmericanFree Trade AgreementsIsraeli Trade Act:
Israeli End Products:
Line Item No.
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)(B) and
(g)(1)(ii) of the basic provision:
(g)(1)(i)(B) The terms Korean end product, commercially available off-the-shelf (COTS) item, critical 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 AmericanFree Trade AgreementsIsraeli Trade Act.
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(g)(1)(ii) The Offeror certifies that the following supplies are Korean end products or Israeli end products as defined in the clause of this solicitation entitled Buy AmericanFree Trade AgreementsIsraeli Trade Act:
Korean End Products or Israeli End Products:
Line Item No. Country of Origin
[List as necessary]
(4) 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)(4)(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:
Line Item No. Country of Origin
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the
WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the
Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the
Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals
(1) __ Are, __ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any
Federal agency;
(2) __ Have, --? have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(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 the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.
(i) Taxes…
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