SWHARC15Q0030_-_Final_6_24_2015.pdf

SWHARC15Q0030

This is a combined synopsis/solicitation prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested by this notice alone, and a written solicitation will not be issued.

1. DESCRIPTION

1.1. The U.S. Department of State, International Narcotics and Law Enforcement (INL), has a requirement for the purchase of an X-Ray cargo inspection system and related services described below, to be donated to the government of Mexico for INL program purposes.

1.2. The NAICS code applicable to this acquisition is 334517. This acquisition is unrestricted.

2. REQUIRED ITEMS:

Refer to Appendix A for a complete description of required equipment and services.

Item Qty Unit Price Extended Price 1 X-Ray Cargo Inspection System 1 EA 2 Installation in Mexico 1 Job 3 Training in Mexico 1 Job 4 Warranty and Maintenance in Mexico 2 Years

TOTAL

3. DELIVERY INFORMATION

3.1. Delivery Terms: FOB Destination. The Contractor shall consolidate the entire shipment to prevent loss and misdirection. Partial shipments are not allowed. Any lost or damaged items during shipment shall be replaced by the contractor upon notification by the Contracting Officer.

When the order is ready for shipment, forward the shipment prepaid directly to:

U.S. Logistics Center 225 South Vermillion Avenue Brownsville, TX 78521

The items being acquired will be donated to the government of the ultimate destination: Mexico.

The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package, an additional copy of the packing list must be sent via email to (information to be provided at time of award) when it becomes available.

The Contractor shall provide/file all required shipping documentation (including but not limited to: Department. of Commerce Form 7525-V) prior to shipment to delivery address. Even through this equipment will be donated to the GoM, the aforementioned forms shall be submitted in advance declaring the value of goods/product entering the country. All shipping documents and other delivery information shall be submitted to Mr. Miguel Escamilla at Escamillajm@state.gov and Viviana Romero at RomeroV@state.gov.

INL will request the GoM the required paperwork for free entry permit which will be used by the Contractor to bring the product to the final destination. The Contractor shall be responsible for unloading.

3.2. Required Delivery Date: As detailed in Appendix A.

3.3. Marking Requirements:

US Department of State INL Mexico City Purchase Order No. (to be provided upon award) Box _ of _

NOTE: All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

4. INL SOURCE-NATIONALITY RESTRICTIONS

4.1. The source and nationality restrictions found in 22 CFR 228, as adopted by INL, apply to this RFQ. The contractor shall promptly notify the Contracting Officer and COR of any instance in which a waiver is required. The contractor shall identify the particular commodities or services needed, the country of source and nationality, the estimated dollar value, and provide documentation necessary to obtain a waiver under subpart D of 22 CFR 228.

4.2. For purposes of performance, the contractor shall assume that no source or nationality waiver will be provided. Failure of INL to provide a source or nationality waiver shall not discharge the contractor of its contractual responsibilities and shall not form the basis for any claim or request for contract adjustment.

5. EXPORT RESTRICTIONS

5.1. The Contractor shall comply with all U.S. export control laws and regulations, including but not limited to the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract.

5.2. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

mailto:Escamillajm@state.gov mailto:RomeroV@state.gov

5.3. The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the foreign person will have access to export-controlled technical data or software.

5.4. The Contractor shall be responsible for all regulatory recordkeeping requirements associated with the use of licenses and license exemptions/exceptions.

5.5. The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

5.6. Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations.

6. NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

7. CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

Any written commitment by the Contractor within the scope of this contract shall be binding upon the Contractor. For the purpose of this clause, a written commitment by the Contractor is limited to the proposal submitted by the Contractor, and to specific written modifications to the proposal. Written commitments by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to hardware or software performance; total systems performance; and other physical, design, or functional characteristics of equipment, software package or system, or installation date; (2) any warranty or representation made by the Contractor concerning the characteristics or items described in (1) above, made in any publications, drawings, or specifications accompanying or referred to in a proposal; and (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal amendment to the proposal.

8. WARRANTY NOTIFICATION

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies.

9. MAINTENANCE CERTIFICATION

By submission of an offer, the offeror certifies that the original equipment manufacturer (OEM) will agree to maintain the equipment offered (or the OEM certifies that the equipment is eligible for maintenance). The offeror does further guarantee that the terms and conditions of any such maintenance shall be equal to or better than the OEM's current General Services Administration (GSA) Authorized ADP Schedule, or, in the absence of a GSA Authorized ADP Schedule, the

OEM's current commercially available terms and conditions. The OEM certification shall be furnished by the offeror in writing if requested by the Government at any time.

10. RPSO FLORIDA INVOICE INSTRUCTIONS

Invoices must be submitted to DOSPayments@state.gov and RushLE@state.gov. Other methods of submission are not acceptable. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

(1) Name and Address of the Contractor

(2) Dun and Brad Street Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces.

Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions)

(12) For reimbursable CLINS provide supporting documentation required per contract/order terms and conditions.

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date. Include proof of delivery and itemized packing list.

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA) All payment to domestic claims will be disbursed by electronic funds transfer EFT.

Vendors who are registered in the System for Award Management (SAM) should verify and re-confirm their financial information in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned Contracting Officer for consideration at least 30 days prior to billing. For mailto:DOSPayments@state.gov mailto:RushLE@state.gov vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008

Telephone Numbers:

Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov Phone: 843-202-3881

11. INL MEXICO VALUE ADDED TAX (VAT) RECLAMATION PROCEDURES

All payments will be in U.S. dollars. The Contractor shall follow the invoices procedures established by the contracting officer and to allow the US Embassy Mexico to reclaim the IVA/VAT taxes charged. All purchases made in Mexico are subject to Value Added Tax (VAT) and shall be paid by the Contractor. VAT or “IVA” as it is known in Mexico shall be itemized in all invoices. Before the Contractor may impose and collect VAT on its “tax-relief invoices,” the Contractor is required to obtain a VAT Registration Identification Number from the Secretaria de Hacienda y Credito Publico (aka Hacienda).

The Contractor shall provide the necessary invoicing to enable the USG to obtain reimbursement for VAT. This tax relief benefit is extended only to the U.S. INL – not the Contractor – as a diplomatic privilege. The current tax-relief invoicing requirements are outlined in the paragraphs below. Notwithstanding any other provisions of this contract, in the event the Government of Mexico revises the requirements, the Contractor shall follow the new requirements as soon as the Contractor is notified in writing of the new requirements by the Contracting Officer.

The Contractor is responsible for providing the following list of items on every “tax-relief” invoice presented to the DOS for payments associated with the in-country purchases of goods, materials or services required to perform this contract. Every invoice the Contractor delivers to the DOS shall be an original. The failure of the Contractor to follow these procedures will result in the DOS inability to secure tax relief on this project, resulting in reimbursement being denied to the Contractor. Invoices for the in-country purchases described above shall not include other charges, such as “work completed” or design costs. Such invoices will list separately or collectively the pre-tax price of any supplies or services provided in country. As is required by local authorities, the Contractor will impose the appropriate tax rate against the pre-tax total of the purchases represented on the tax-relief invoice. The Contractor shall submit the invoices associated with such purchases as supporting documentation for its in-country payment request.

The DOS will only compensate the Contractor for the tax amount provided on such invoices.

Excluded from reimbursement: VAT on items such as Contractor personnel housing, personal vehicles, utilities, phone charges, per diem, etc.

The Contractor’s tax-relief invoices shall provide all of the following:

• Contractor’s name and address.

• Contractor’s Federal Tax Registry number (aka Certificate of Fiscal Identification).

• Photo image of Federal Tax Registry card (aka Certificate of Fiscal Identification) on the invoice.

• Invoice number and complete transaction date (month, day and year). The date and place of issue (lugar y fecha de expedicion) is also needed. The two dates shall be the same.

• Required Legal wording dealing with the illegal reproduction of the document. The printing company information shall exhibit the date of printing and official authorization number.

• Customer name = “U.S. Embassy Mexico City”

• Embassy address: Embajada de los Estados Unidos, Av. Paseo de la Reforma No.

305, Col. Cuauhtemoc, 06500 Mexico, D. F., U.S. Embassy R.F.C. number

EEU930201289.

• Quantity and description of acquired services or merchandise.

• All pricing/totals shall be listed in both Mexican Pesos and U.S. Dollars.

• (If applicable) The number and date of customs import documents associated with all sales of imported merchandise.

• Invoice shall say “FACTURA.” All invoices (“FACTURAS”) shall be presented to the Embassy/COR as an original. If the invoice in not complete, the final amount to be reimbursed will be reduced by Hacienda.

The tax-relief invoice shall be written in English and Spanish versions and all pricing shall be in both Mexican Pesos and US Dollars solely for the purpose of tax relief, even though the contract is priced and paid only in U.S. dollars. The requirements above apply to all supplies and services purchased in Mexico that are provided to the USG as part of this contract. All IVA documentation shall be submitted to the INL COR for approval and submission to Hacienda on a monthly basis.

12. EVALUATION OF QUOTATIONS

12.1. The Government intends to make an award based on the initial quotations. If further questions are required, the contracting officer may contact the offeror or offerors. Award will be made to the responsible offeror whose quotation conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and also provides the best value to the Government. Best value to the Government will be determined on a Lowest Price Technically Acceptable (LPTA) basis. While the Government will strive for maximum objectivity, the evaluation process, by its nature, is subjective; and therefore, professional judgment is implicit throughout the entire process.

12.1.1. Non-Price Factors

Factor 1 - Equipment: Equipment proposed by the contractor meets or exceeds minimum requirements identified in Appendix A. Contractor is authorized to distribute and service the proposed equipment in Mexico.

Factor 2 - Warranty: Contractor proposes warranty terms meeting the requirements of this solicitation. The Contractor’s quotation describes in detail how warranty services will be provided on-site (Mexico). The Contractor’s quotation details the process to be followed if warranty services are required.

The Government will evaluate for acceptability, but will not rank the quotations by the non-price factors. The Government will evaluate the quotations on an acceptable or unacceptable basis, assigning one of the ratings described below.

Acceptable Quotation clearly meets the minimum requirements of the solicitation

Unacceptable Quotation does not clearly meet the minimum requirements of the solicitation

Any factor evaluated as “Unacceptable” will render the entire quotation unacceptable and, therefore, unawardable. Only those quotations determined to be technically acceptable will be considered for award.

12.1.2. Price

Price will be determined based on the pricing template contained in Section 2. An evaluation factor may also be applied in accordance with FAR 52.219-4.

The offeror’s proposed price will be evaluated to ensure it is fair and reasonable.

12.2. To be considered for award, the contractor must be determined to be responsible in accordance with the standards described in FAR 9.104-1.

12.3. To be considered for award, the contractor must be registered in SAM (www.sam.gov).

Exceptions to this requirement are enumerated in FAR 4.1102.

12.4. Award will be on an “all or none” basis.

13. QUOTATION MUST INCLUDE THE FOLLOWING

13.1. PRICE: Contractor shall provide unit and extended prices, inclusive of delivery charges, in the format included in section 2 of the current solicitation. The item descriptions in the pricing template in Section 2 must be updated to reflect actual products being proposed. The proposed price shall include all required travel and DBA insurance.

13.2. DELIVERY DATE: Quotation shall clearly describe the proposed delivery terms and date.

12.3. EQUIPMENT DESCRIPTION: Provide manufacturer name and part number(s). Address all minimum equipment requirements found in Appendix A.

13.4. WARRANTY TERMS: Quotation must include a complete description of warranty terms and address how warranty will be provided in-country.

If warranty will be provided through an in-country partner, the quotation must also include a letter from the local partner identifying:

• All products (manufacturer, part number, description, and quantity) for which warranty will be provided through them;

• Applicable warranty terms and duration;

• 24/7 local number and email to contact in case warranty services are required; and

• Description of the facilities and personnel to be used in providing warranty.

The letter must be submitted in official letterhead and be signed by an official authorized to bind the company.

13.5. INSTALLATION AND TRAINING: Describe in detail proposed installation and training services to be provided on-site (Mexico). Include qualifications of proposed personnel.

13.6. COMPANY INFORMATION: Provide company name, address, website (if available), telephone number, and POC information of Contractor and all partners. Provide Contractor DUNS number and statement that the company is registered in SAM. If available, provide local partner’s DUNS number.

13.7. CERTIFICATIONS: Complete FAR 52.212-3, DOSAR 652.209-79, and DOSAR 652.228- 70.

http://www.sam.gov/

14. ADDITIONAL INFORMATION AND REQUIREMENTS

14.1. All responsible sources may submit a quotation which shall be considered by the Department. This solicitation number SWHARC15Q0030 is issued as an RFQ under subpart

12.6 and 13.5 of the Federal Acquisition Regulation (FAR). This is a solicitation document incorporating FAR clauses and provisions that are in effect through Federal Acquisition Circular 2005-82.

14.2. This RFQ incorporates one or more clauses and provisions by reference, with the same force and effect as if they were given in full text. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause or provision may be accessed electronically at these addresses:

FAR and DOSAR clauses/provisions may be accessed at: https://www.acquisition.gov/

14.2.1. The following FAR clauses and provisions are incorporated by reference.

52.203-3, Gratuities

52.203-12, Limitation on Payments to Influence Certain Federal Transactions

52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

52.212-1, Instructions to Offerors – Commercial Items

52.212-4, Contract Terms and Conditions – Commercial Items

52.214-34, Submission of Offers in the English Language

52.227-14, Rights in Data – General

52.227-19, Commercial Computer Software License

52.228-3, Workers’ Compensation Insurance (Defense Base Act)

52.229-4, Workers Compensation and War-Hazard Insurance Overseas

52.229-6, Taxes -- Foreign Fixed-Price Contracts

52.232-40, Providing Accelerated Payments to Small Business Subcontractors https://www.acquisition.gov/

14.2.2. The following DOSAR clauses and provisions are incorporated by reference.

652.206-70, Competition Advocate/Ombudsman (DEVIATION)

652.225-70, Arab League Boycott of Israel

652.225-71, Section 8(a) of the Export Administration Act of 1979, as Amended

652.228-71, Worker’s Compensation Insurance (Defense Base Act) - Services

652.229-70, Excise Tax Exemption Statement for Contractors within the United States

652.242-70 Contracting Officer’s Representative

652.242-73, Authorization and Performance

652.243-70, Notices

14.2.3. Clauses and provisions provided in full text.

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Mar 2015)

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

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

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

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

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

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

http://www.acquisition.gov/

“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.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed throughhttps://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

https://www.acquisition.gov/

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

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

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

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

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

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

and

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

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

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

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

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

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

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

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

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

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

__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

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

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

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

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

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

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

Other End Products

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

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

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

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

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

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

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

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

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

(ii) Examples.

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

§362 (the Bankruptcy Code).

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

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

Electronics China

(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…