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ARMY CONTRACTING COMMAND - ROCK ISLAND
PINE BLUFF ARSENAL CONTRACTING OFFICE
10-020 KABRICH CIRCLE
ATTN: CCRC-ISP
PINE BLUFF AR 71602-9500
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
X
DO-C9
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
W911RP-13-T-0004 29-Oct-2012
b. TELEPHONE NUMBER
870-540-3024
8. OFFER DUE DATE/LOCAL TIME
12:00 AM 05 Nov 2012
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
W911RP
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE W41G26 16. ADMINISTERED BY
TRANS OFC M F PROPERTY OFC (W911RP)
RECEIVING SECTION RSI BRCH
BLDG 53-990
PINE BLUFF ARSENAL
PINE BLUFF AR 71602-9500
TEL: FAX:
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
RICHARD E. MAXWELL
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
423420
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: 100 % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
SEE SCHEDULE
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
TEL: EMAIL:
2 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
X
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
W911RP-13-T-0004
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 13 Each
COPIER REPLACEMENTS
FFP
CAC ENABLED COPIERS. SEE DESCRIPTION AND SPECIFICATIONS ON
CONTINUATION PAGE.
END USER: DOIM X3424
FOB: Destination
NSN: 7435015802526
PURCHASE REQUEST NUMBER: W41G26213701KV
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Lot
SERVICE, PRINT RELEASE FEE
FFP
ONE TIME SECURE PRINT RELEASE FEE.
1 LOT = 13 EACH
END USER: DOIM X3424
FOB: Destination
NSN: AASSVC213701KY
PURCHASE REQUEST NUMBER: W41G26213701KY
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government
DESCRIPTION AND SPECIFICATION
Device Specifications:
Device Type Fax / copier / printer / scanner
Copier Type Digital Fax Type Plain paper
Printing Technology Laser - Monochrome Monthly Duty Cycle (max) 275000 impressions
Recommended Monthly Volume 5000 - 30000 pages Display Diagonal Size 9"
Display Features Touch screen Width 21.6 in
Depth 24.1 in Height 29.7 in
Weight 100.1 lbs
Memory
Standard Memory 256 MB Max Supported Memory 1280 MB
Copying
Max Copying Speed up to 55 ppm Max Document Enlargement 400 %
Max Document Reduction 25 % Automatic Duplexing Yes
Copying Features ID Card Copy
Printing
Max Printing Resolution up to 1200 x 1200 dpi Max Printing Speed up to 55 ppm
Printer Drivers / Emulations PDF 1.6, XPS, PCL 5e, PCL 6, PostScript 3, PPDS
Image Enhancement Technology 1200 IQ, 2400 IQ
Automatic Duplexing Yes First Print Out Time B/W 9.5 sec
Scanning
Automatic Duplexing Yes Optical Resolution 600 x 600 dpi
Fax Machine
Compatibility Super G3 Max Transmission Speed 33.6 Kbps
Document & Media Handling
Max Original Size Legal (8.5 in x 14 in) Original Type Sheets
Document Feeder Capacity 75 sheets Max Copy Size Legal (8.5 in x 14 in)/A4 (8.25 in x 11.7 in)
Supported Media Type Envelopes, Transparencies, Plain paper, Labels, Cards
Supported Media Sizes Statement (5.5 in x 8.5 in), Folio (8.5 in x 13 in), JIS B5 (7.17 in x 10.12 in), Letter A Size (8.5 in x 11 in), Legal (8.5 in x 14 in), A6 (4.13 in x 5.83 in), A5 (5.83 in x 8.25 in), Executive (7.25 in x 10.5 in), A4 (8.25 in x 11.7 in)
Supported Envelope Sizes US No 9 (98.6 x 225.6 mm), Monarch (98.4 x 190.5 mm), International DL (110 x 220 mm), US No 10 (104.7 x 241.3 mm)
Standard Media Capacity 650 sheets
Max Media Capacity 3200 sheets Bypass Feeder Capacity 100 sheets
Output Trays Capacity 550 sheets Document & Media Handling Details 2-Input trays - 550 sheets, Bypass tray - 100 sheets, Output tray - 550 sheets, Automatic Document Feeder - 75 sheets
Internal Staple/Finisher Cabinet, Base or Stand for Freestanding Installation
Speed Details Printing : up to 32 ppm ( Letter A ) - B/W, Printing : ( Letter A ) - B/W duplex, Copying : up to 32 ppm ( Letter A ) - B/W, Copying : up to 32 ppm ( A4 ) - B/W, Printing : ( A4 ) - B/W duplex, Scanning : ( A4 ) - B/W, Scanning : ( Letter A ) - B/W
PC Connectivity
PC Connection Availability Yes PC Connection USB host, Ethernet 10 Base-T/100 Base-TX, Hi-Speed USB
Network Protocols HTTP, HTTPS, SNMP, IPv4, BOOTP, RARP, DHCP, Bonjour, FTP, AppleTalk, IPP, LPR/LPD, RAW IP (Port 9100), IPX/SPX, TCP/IP
Security Protocols & Features 802.1x, IPsec, TLS, LEAP, SSL
Operating System Support SunSoft Solaris x86 10, MS Windows Server 2008 x64 Edition, MS Windows XP, MS Windows 2000, Novell NetWare 5.x, MS Windows 7, Novell NetWare 6.x, MS Windows Server 2008, MS Windows Vista (64-bit versions), MS Windows Server 2003 x64 Edition, MS Windows Vista, MS Windows Server 2003
Power
Power AC 120 V
Miscellaneous
First Copy Out Time B/W 7.5 sec Consumables Included 1 x Cartridge ( Black ) - up to 18000 pages
Microsoft Certifications Compatible with Windows 7 Compliant Standards FDA, ANATEL, FCC Class A certified, BSMI Class A, IEC 60320-1, VCCI Class A ITE, FCC CFR47 Part 68, NOM, JATE, CAN/CSA C22.2 No. 60950-1-03, CS-03, UL 60950-1, ICES-003 Class A
Pricing Type Government GSA
Environmental Standards
ENERGY STAR Qualified Yes Blue Angel Compliant Yes
Manufacturer Warranty
Manufacturer Warranty 1 year warranty Service & Support Details Limited warranty - 1 year - On-site
CAC Authentication
‐ Supports dual authentication using CAC and/or manual login for authorized personnel without CAC cards.
‐ Supports email address global catalog searches by User’s PKI credentials for access. (No Service Accounts)
‐ Scanning to “home folder” using attributes defined in Active Directory.
‐ Scanning to network folder shares using user’s CAC credentials for access.
‐ Dynamic User Authentication in an Active Directory Forest environment. Multiple domain users authenticating globally on any device.
MFD Security
‐ DISA SPAN STIG and MFD Checklist Compliant ‐ NIAP Common Criteria Validated (NIAP approved US CONUS Lab) utilizing IEEE
2600.1 Protection Profile for MFDs.
‐ Display DoD Consent Banner and User Agreement (DTM 08-060) on devices.
‐ Device Menu protection both locally and remotely by user authentication authorization controls.
Supplies
‐ Supplies must be brand new, non-third party and direct from the manufacturer
Secure Print Release MFPs must support secure release for print jobs. User-initiated print jobs must be held in a print queue; user must be able to authenticate at any MFP on the network with their CAC card and view, release or delete their own print jobs. Print queue should be configured to (1) delete unclaimed print jobs and (2) provide reports on deleted jobs (by user or print queue) to demonstrate cost savings.
Print jobs are captured in a central print queue and released from any MFP on the network.
Solution will provide a maximum uptime environment for users since they can use any MFP in case their designated MFP is down. Holding print jobs on the MFP hard disk or memory as a solution is not allowed as it is limited (not a scalable solution) and does not meet DOD security standards.
Secure Print Release solution must have an Army Certificate of Networthiness (CON) to ensure Army network security is not compromised.
CLAUSES INCORPORATED BY REFERENCE
52.212-1 Instructions to Offerors--Commercial Items FEB 2012
NOTICE TO OFFERORS
Notice to Offerors
(a) In compliance with Class Deviation 2012-O0015, the following do not apply to this solicitation/contract:
(1) 52.212-1, paragraph (k).
(2) 52.212-4, paragraph (t).
(3) 52.212-3, introductory paragraph and paragraph (b).
(b) Offerors are required to complete 52.212-3 paragraphs (c) through (o).
(c) Deviation clause 52.204-99, System for Award Management Registration, is required and is added/included by addendum.
52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012
ADDENDUM TO FAR 52.212-4
ADDENDUM TO 52.212-4
52.204-0099 SYSTEM FOR AWARD MANGEMENT REGISTRATION
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION
252.203-7002 REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
252.232-7010 LEVIES ON CONTRACT PAYMENTS
252.243-7001 PRICING OF CONTRACT MODIFICATIONS
52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION
52.000-4955 WIDE AREA WORKFLOW INFORMATION INSTRUCTIONS
52.219-1 ALT 1 SMALL BUSINESS PROGRAM REPRESENTATIONS
52.246-2 INSPECTION OF SUPPLIES, FIXED PRICE
252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX
LIABILITY OR FELONY
252.211-7003 ITEM IDENTIFICATION AND VALUATION
AMCAC 52.211-1 M TIME OF DELIVERY (AUGUST 1999)
AMCAC 52.233-4052 AMC-LEVEL PROTEST PROGRAM
AMCAC 52.0247-4001 COMMERCIAL PACKAGING (AUGUST 1999)
AMCAC 52.242-4001 INSTRUCTIONS TO PAYING OFFICE (Feb 2008)
PB 52.000-4302 PACKAGING (PRESERVATION/PACKING/MARKING) (PADDS DS6200)
PB 52.000-4306 I INSPECTION AND ACCEPTANCE (PBA) (AUG 90) (4306I)
D1. MARKING OF SUPPLIES
PB 52.000-4315 II SHIPPING INSTRUCTION (PBA) (AUG 90) (4315II)
52.219-1 Small Business Program Representations APR 2012 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
AMCAC 52.0247-4001 COMMERCIAL PACKAGING (AUG 1999)
Packaging of CLIN(s) 0001 - 0002 shall be in accordance with standard commercial practices, which are necessary to prevent deterioration and damage due to hazards of shipping, handling and storage.
(End of clause)
AMCAC 52.211-1 M TIME OF DELIVERY (AUG 1999)
a. Delivery is DESIRED to be made in accordance with the following schedule:
ITEM NO. QUANTITY TIME
(WITHIN THE NUMBER OF DAYS STATED
BELOW AFTER DATE OF CONTRACT)
0001 13 ea 30 days after award date 0002 1 LOT 30 days after award date
When an offeror offers an earlier delivery schedule than that called for above, the Government reserves the right to award either in accordance with the DESIRED schedule or in accordance with the schedule offered. If no other delivery schedule is offered, the delivery schedule stated above shall apply. In the event the desired delivery schedule cannot be satisfied, the offeror shall specify below the best possible delivery schedule, which he is able to meet.
OFFEROR’S PROPOSED DELIVERY SCHEDULE
ITEM NO. QUANTITY TIME
(WITHIN THE NUMBER OF DAYS STATED
BELOW AFTER DATE OF CONTRACT)
b. Any award hereunder, or a preliminary notice thereof, will be mailed or otherwise furnished to the offeror the day the award is dated. Therefore, in computing the time available for performance, the offeror should take into consideration the time required for the Notice of Award to arrive through the ordinary mails. However, a proposal offering delivery based on Contractor’s date of receipt of the contract or Notice of Award (rather than the contract date) will be evaluated by adding five calendar days for delivery of the award through the ordinary mails, or one working day if the solicitation states that the contract or notice of award will be transmitted electronically.
AMCAC 52.242-4001 INSTRUCTIONS TO PAYING OFFICE AND ADMINISTRATIVE CONTRACTING
OFFICE
(AUG 1999) (Revised Feb 2008)
a. The Contracting Office representative is:
Name: RICHARD MAXWELL
Organization Code: CCRD-ISP
Telephone Area Code and Number : 870-540-3024
FAX: _870-540-4090
Email: richard.e.maxwell6.civ@mail.mil
b. Payment to the contractor shall be made IAW FAR Subpart 32.11, Electronic Funds Transfer.
c. Paying Office information:
Telephone Inquiries: 800-756-4571 (Select Option 2, then Select Option 5)
FAX: 877-426-4270
52.000-4955 WIDE AREA WORKFLOW INFORMATION INSTRUCTIONS
PINE BLUFF ARSENAL CONTRACTING OFFICE ADMINISTERED (MAR 2008)
(USE FOR SUPPLIES ONLY)
To implement DFARS 252.232-7003, “ELECTRONIC SUBMISSION OF PAYMENT REQUESTS”, Pine Bluff Arsenal Contracting Office use Wide Area Work Flow – Receipt and Acceptance (WAWF-RA) to electronically process vendor requests for payment. This application allows DoD vendors to submit and track invoices and receipt/acceptance documents electronically.
The contractor is required to use WAWF-RA when processing invoices and receiving reports under this order.
Submission of hard copy DD250/invoices will no longer be accepted for payment.
The contractor shall register to use WAWF-RA at https://wawf.eb.mil. There is no charge to use WAWF. All questions relating to system setup and vendor training can be directed to the help desk at Ogden, UT. Their number is 1-866-618-5988. Web-based training for WAWF is also available at http://www.wawftraining.com/
IMPORTANT INFORMATION:
Please submit your invoice/receiving report in WAWF when you ship your items. We have nothing to receive your shipment against if the information has not been submitted in WAWF when your delivery arrives.
Include the Purchase Request Number in the Line Item Description. You will find it under the Line Item Description on this order.
THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES THROUGH WAWF.
[ xx] Invoice and Receiving Report (Combo)
Vendor Cage Code: ________
Pay DoDAAC: HQ0303
Issue Office DoDAAC: W911RP
Admin DoDAAC: W911RP
Ship To DoDAAC: W41G26
WAWF will prompt asking for “additional e-mail submission” after clicking “SIGNATURE”. Enter the following e-mail addresses to expedite the routing process of the invoice.
(KO,COR, POC, anyone who should be tracking progress of the invoice)
Contract Specialist: richard.e.maxwell6.civ@mail.mil
KO's : brenda.l.henry14.civ@mail.mil Other supplies: david.b.hughes,civ@mail.mil and scott.w.byers.civ@mail.mil ;
The paying office DoDAAC and mailing address will be located on the front of your award. You can track your payment information on the DFAS website at http://www.dod.mil/dfas/contractorpay/myinvoice.html. Your purchase order/contract number or invoice will be required to inquire about status of your payment.
Questions concerning payment should be directed to the payment office identified in the contract. Please have your Contract number and invoice ready when calling about payment status.
FAR 52.204-99 (DEVIATION)
System for Award Management Registration (August 2012)(DEVIATION)
(a) Definitions. As used in this clause—
“Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government.
“Commercial and Government Entity (CAGE) code” means—
(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”
“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
“Registered in the SAM database” means that—
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;
(2) The Contractor’s CAGE code is in the SAM database; and
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.
“System for Award Management (SAM)” means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes—
(1) Data collected from prospective federal awardees required for the conduct of business with the Government;
(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and
(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.
(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.
(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of
SAM.
(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) A contractor may obtain a DUNS number—
(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States;
or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The Contractor should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) Reserved.
(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day’s written notification of its intention to—
(A) Change the name in the SAM database;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334- 206-7828 for international calls.
(End of Clause)
52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
The award will be made to the lowest price technically which will involve technical capability, delivery, past performance and 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)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2012)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111- 5).
_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).
____ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).
____ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L.
111-8, and section 745 of Division D of Pub. L. 110-161).
____ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (11) [Reserved]
_X__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
_X__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
____ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (Jul 2010) of 52.219-9.
____ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
____ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
____ (ii) Alternate I (June 2003) of 52.219-23.
____ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
____ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
__X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).
____ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).
____ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).
_X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (MAR 2012) (E.O. 3126).
_X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
____ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
____ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
____ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
____ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
____ (ii) Alternate I (Dec 2007) of 52.223-16.
_X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
____ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
____(40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (MAY 2012) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).
____ (ii) Alternate I (Mar 2012) of 52.225-3.
____ (iii) Alternate II (Mar 2012) of 52.225-3.
____ (iv) Alternate III (Mar 2012) of 52.225-3.
____ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X___ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
____ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
_X___ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).
____ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
_X___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
____ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.
351, et seq.).
_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C.
206 and 41 U.S.C. 351, et seq.).
_____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).
_____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services— Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
_____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
_____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) Reserved.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012) - ALTERNATE I (APR 2011)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ( 423420 ) (insert NAICS code).
(2) The small business size standard is (423420) (100).
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer 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 (b)(4)(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.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--
(i) It ( ) is, ( ) is not an EDWOSB 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 (b)(5)(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.
(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(9) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls:
____ Black American.
____ Hispanic American.
____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
____ Individual/concern, other than one of the preceding.
(c) Definitions. As used in this provision--
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 the size standard in paragraph (a) of this provision.
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 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; or
(2) Whose management and daily business operations are controlled by one or more women.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELIQUENT
TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-
O0004) (JAN 2012)
(a) In accordance with sections 8124 and 8125 of Division A of the
Consolidated Appropriation Act, 2012 (Pub. L. 112‐74) none of the funds made available by that Act may be used to enter into a contract with any corporation that –
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interest of the Government.
(b) The Offeror represents that –
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal Law within the preceding 24 months.
252.211-7003 ITEM IDENTIFICATION AND VALUATION ︵JAN 2004 ︶
︵a ︶ Definitions. As used in this clause ︱
“Automatic identification device ” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
“Commonly accepted commercial marks ” means any system of marking products for identification that is in use generally throughout…
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