Solicitation_W15QKN-16-T-1052_2016_Lodging-Ft._Jackson _SC.docx

W15QKN-16-T-1052

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTION TO OFFERORS

INSTRUCTION TO OFFERORS

1. The purpose of this Solicitation is to fulfill the Governments need for Battle Assembly Lodging once a month in support of the 2/108TH BN(MP), 102TH DIV (MS), 80th Training Command, Bldg D-627, Boyden Arbor Rd., Ft Jackson, SC 29207. This requirement is a 100% small business set aside under NAICS Code 721110 and has business size standard of $32.5 Million. The projected date of award is to be January 6, 2016 for a period of one (1) base year. Further requirement details are listed in the Performance Work Statement (PWS).

2. Vendors must be registered in the System for Award Management (SAM) in order to be awarded a Department of Defense (DoD) contract. To obtain registration in SAM, please do so using the following link: https://www.sam.gov/sam.

3. Vendor quotes must also include their Tax ID Number, Dun & Bradstreet (DUNS) Number, CAGE Code, and business size with all quotes. In addition, the contractor must submit the Federal Emergency Management Agency (FEMA) Certification of the proposed facility in which lodging services will take place.

4. The proposed hotel shall be within 20 miles from Bldg D-627, Boyden Arbor Rd., Ft Jackson, SC 29207. The distance will be calculated by estimating the total driving distance to the physical hotel address.

5. Vendors must submit pricing information by utilizing the CLIN Structure found later in this solicitation. All fields of the CLIN structure must be completed, which include (Quantity x Price Per Unit = Net Amount). Pricing shall be inclusive of all costs.

6. Vendors must submit all payment agreements, teaming arrangements and or subcontracting agreements with their quote. Note: This is only required if the quoting vendor is different from the proposed hotel.

7. The physical hotel address shall be provided in each Vendor’s quote. The Vendor must provide a Point of Contact (POC) that will be physically present at the hotel from commencement to conclusion of the lodging services. The name of the POC, Telephone number and E-mail address must be provided below:

POC: _____________________________

Telephone Number: __________________ Email Address: _____________________

DEADLINE

Responses to this Solicitation must be signed, dated, and received via electronic mail to Contract Specialist, Nancy Zeng at nancy.m.zeng.civ@mail.mil, phone number (609)-562-5165, no later than (NLT) time and date stated in block 8 of SF 1449. Responses should be marked with the Solicitation Number; W15QKN-16-T-1052. This and all other correspondence may be directed to the above POC.

BASIS FOR AWARD:

The evaluation of quotes will be based off of the following factors:

1. Technical: Facility Assessment consisting of cleanliness, security, amenities. These technical factors, the distance to the physical hotel address and all other technical factors will be assessed in conformance with the terms and conditions stated in the PWS.

1. Price

In accordance with FAR 52.212-2, the Government intends to make an award to the Contractor who submits the lowest price, technically acceptable quote, and is deemed responsive and responsible by the Contracting Officer. The anticipated award will be a Firm Fixed-Price contract. Offerors must submit quotes on the full quantity identified. Failure to submit all information requested in the instruction to offerors could be cause for rejection of the entire quote. The Contracting Officer reserves the right to make no award under this procedure.

Section SF 1449 - CONTINUATION SHEET

5 Double Occupancy Rooms-January 2016

FFP

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 2 nights = 10 room nights) JAN 9-10 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010735201

NET AMT

5 Double Occupancy Rooms-February 2016

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 2 nights = 10 room nights) FEB 6-7 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

NET AMT

5 Double Occupancy Rooms-March 2016

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 2 nights = 10 room nights) MAR 12-13 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

NET AMT

5 Double Occupancy Rooms-April 2016

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 4 nights = 20 room nights) APR 7-10 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

NET AMT

5 Double Occupancy Rooms-May 2016

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 2 nights = 10 room nights) MAY 14-15 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

NET AMT

5 Double Occupancy Rooms-June 2016

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 2 nights = 10 room nights) JUN 11-12 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

NET AMT

5 Double Occupancy Rooms-August 2016

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 2 nights = 10 room nights) AUG 6-7 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

NET AMT

5 Double Occupancy Rooms-September 2016

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 2 nights = 10 room nights) SEP 10-11 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

NET AMT

5 Double Occupancy Rooms-October 2016

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 2 nights = 10 room nights) OCT 15-16 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

NET AMT

5 Double Occupancy Rooms-November 2016

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 2 nights = 10 room nights) NOV 12-13 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

NET AMT

5 Double Occupancy Rooms-December 2016

Contractor to provide five (5) double occupancy non-smoking rooms for two (2) nights (5 rooms X 2 nights = 10 room nights) DEC 10-11 2016 to support soldiers during Battle Assemblies at their duty station.

Services shall be in accordance with the Performance Work Statement. Hotel location shall be within a 20-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207.

Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

10-JAN-2016

CATHERINE WYZGA

2/108TH BN 2ND BDE

FORT JACKSON SC 29207

W31BLG

07-FEB-2016

W31BLG

13-MAR-2016

W31BLG

10-APR-2016

W31BLG

15-MAY-2016

W31BLG

12-JUN-2016

W31BLG

07-AUG-2016

W31BLG

11-SEP-2016

W31BLG

16-OCT-2016

W31BLG

13-NOV-2016

W31BLG

11-DEC-2016

W31BLG

PERFORMANCE WORK STATEMENT

Performance Work Statement Lodging Support for 2/108th BN (MP) D-627 Boyden Arbor Road, FT Jackson, SC 29207

1. GENERAL:

2. This is a non-personal services contract to provide lodging services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

3. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide lodging services as defined in this Performance Work Statement. The Contractor shall perform to the standards in this contract. The period of performance is 1 January 2016 through 31 December 2016.

4. DESCRIPTION:

Housing is needed to support our Soldiers during Battle Assemblies at their duty location.

5. The Army Standards for Housing for the unit’s monthly battle assembly is two (2) Soldiers per room. The facility should support the requested amount of double rooms during any 2-3 day weekend per month, at the same facility or in the same radius (20 miles) of the unit. The lodging facility should be within a 20 mile radius in order for Soldiers to acquire the adequate amount of training time and not lose time commuting.

6. The hotel must be able to provide accommodations for approximately 15 soldiers each month.

7. All rooms are to be located at the same facility.

8. Double occupancy room shall contain adequate net living and sleeping areas. No more than two people shall be assigned to a double occupancy room and no more than one person shall be assigned to a single room.

9. Rooms shall be constructed and finished to provide good light and sound attenuation. Access to individual rooms should have interior access.

10. Sufficient electrical outlets shall be available and in good working condition.

11. All entrance doors to rooms shall have interior security locks, either deadbolt or double locking locks. Each room occupant shall be provided with a room key. Access to sleeping rooms shall be via interior corridors.

12. Bathrooms must be in a sanitary condition. Bathrooms must contain a shower and/or tub combination with a wash basin, a properly functioning toilet, and a mirror. Additionally, bathrooms should have adequate lighting and grounded electrical outlets for use of electrical razors, hair dryers etc. The shower or shower/tub combination shall have shower doors or curtains.

13. Rooms shall have adequate heating and cooling capabilities.

14. Each room must contain at a minimum; television with cable access, internet access, Iron and iron board, and alarm clock. A refrigerator and a microwave are also preferred but not required.

15. Vendor’s location must have accessible parking area and be a low crime area, free of drugs and prostitution. Health and Fitness Center, Recreation Area (Pool), and Business Services Center at no cost to the soldiers is preferred but not required.

16. All rooms will be non-smoking, and free of bed bugs, lice, rodents or anything that will make the living conditions unsafe and/or unhealthy.

17. Daily custodial services shall include, but is not limited to, room cleaning, bed making, linen change (as required), adequate quantities of soap, bath towels, hand towels, sanitized drinking glasses, facial tissues, and a cloth bath mat.

18. Hotel location shall be within a 20-mile radius of D-627 Boyden Arbor Road, Fort Jackson, SC 29207.

19. A complete berthing list will be forwarded to the hotel NLT 30 days from date of use by the unit’s LIK coordinator. Dates are subject to change. Vendor will be notified by LIK Coordinator 30 days in advance of any date changes.

REMINDER:

1. ALL DATES ARE TENTATIVE.

1. ALL DATES ARE SUBJECT TO CHANGE.

1. VENDOR WILL BE NOTIFIED 30 DAYS IN ADVANCE OF ANY UPDATED DATE CHANGES.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

1. Technical: Facility Assessment consisting of cleanliness, security, amenities. These technical factors, the distance to the physical hotel address and all other technical factors will be assessed in conformance with the terms and conditions stated in the PWS.

1. Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

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

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

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

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] 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) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

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

(f) Buy American 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:

(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:

[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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

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

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

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

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

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

(4) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

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

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

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

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

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

(1) Listed end products.

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

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

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

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

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

(2) ( ___ ) Outside the United States.

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

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

(2) ( ___ ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

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

(i) The items of equipment to be…