W911WN23Q3005.pdf

SEE ADDENDUM

(No Collect Calls)

W911WN23Q3005 10-Feb-2023

b. TELEPHONE NUMBER

412-395-7478

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 28 Feb 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911WN9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

EMMA N COBLE

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

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-RC-P

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W911WN 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

OPERATIONS SUPPORT BRANCH

SEE BLOCK 18B

US ARMY CORPS OF ENGINEER

WM S MOORHEAD FED BLDG

1000 LIBERTY AVENUE

PITTSBURGH PA 15222-4186

TEL: FAX:

412-395-7110FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$14,000,000

NAICS:

621111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF127

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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911WN23Q3005

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 12 Months Recordkeeping

FFP

In accordance with the Performance Work Statement (PWS).

FOB: Destination

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 320 Each Physical Exam

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 10 Each Fit for Duty Exam

FFP

In accordance with the Performance Work Statement (PWS).

PSC CD: S222

UNIT UNIT PRICE ESTIMATED AMOUNT

0004 35 Each Lock Operator/Maintenance Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

0005 16 Each Dive Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

0006 40 Each Crane Operator Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

0007 5 Each Commercial Driver's License Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

Asbestos Exposure Exam

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0008AA 2 Each Asbestos Exposure - As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0008AB 5 Each Asbestos Exam Every 5 Years

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Noise Exposure Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

0009AA 110 Each Noise Exposure Exam Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0009AB 5 Each Noise Exposure Exam Annual

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0009AC 2 Each Noise Exposure Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Respirator User Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

0010AA 110 Each Respirator User Exam Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0010AB 5 Each Respirator Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Bloodborne Pathogens

UNIT UNIT PRICE ESTIMATED AMOUNT

0011AA 250 Each Bloodborne Pathogens Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0011AB 2 Each Bloodborne Pathogens As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0012 2 Each Lead Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

0013 2 Each Chromium VI Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

0014 2 Each Chemical Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

0015 5 Each Arbovirus Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 12 Months Recordkeeping

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 155 Each Physical Exam

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 10 Each Fit for Duty Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

1004 10 Each Lock Operator/Maintenance Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

1005 16 Each Dive Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

1006 40 Each Crane Operators Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

1007 5 Each Commercial Driver's License Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

Asbestos Exposure Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

1008AA 2 Each Asbestos Exams As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Noise Exposure Exam FY24

UNIT UNIT PRICE ESTIMATED AMOUNT

1009AA 15 Each Noise Exposure Exam Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1009AB 5 Each Noise Exposure Annual

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1009AC 2 Each Noise Exposure As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Respirator User Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

1010AA 15 Each Respirator Exam Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1010AB 5 Each Respirator Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Bloodborne Pathogens

UNIT UNIT PRICE ESTIMATED AMOUNT

1011AA 250 Each Bloodborne Pathogens Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1011AB 2 Each Bloodborne Pathogens As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1012 2 Each Lead Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

1013 2 Each Chromium VI Exposure Exam

FFP

As Requested- Exposure identified

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1014 2 Each Chemical Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

1015 5 Each Arbovirus Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

2001 12 Months Recordkeeping

FFP

2002 145 Each Physical Exam

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 10 Each Fit for Duty Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

2004 25 Each Lock Operator/Maintenance Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

2005 16 Each Dive Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

2006 5 Each Crane Operator Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

2007 5 Each Commercial Driver's License Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

Asbestos Exposure Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

2008AA 2 Each Asbestos Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Noise Exposure Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

2009AA 15 Each Noise Exposure Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2009AB 5 Each Noise Exposure Annual

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2009AC 2 Each Noise Exposure Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Respirator User Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

2010AA 15 Each Respirator Exam Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2010AB 5 Each Respirator Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Bloodborne Pathogens

UNIT UNIT PRICE ESTIMATED AMOUNT

2011AA 15 Each Bloodborne Pathogens Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2011AB 2 Each Bloodborne Pathogens As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2012 2 Each Lead Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

2013 2 Each Chromium VI Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

2014 2 Each Chemical Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

2015 5 Each Arbovirus Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

3001 12 Months Recordkeeping

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3002 125 Each Physical Exam

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3003 10 Each Fit for Duty Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

3004 55 Each Lock Operator/Maintenance Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

3005 16 Each Dive Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

3006 40 Each Crane Operator Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

3007 5 Each Commercial Driver's License Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

Asbestos Exposure Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

3008AA 2 Each Asbestos Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Noise Exposure Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

3009AA 15 Each Noise Exposure Exam Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3009AB 5 Each Noise Exposure Exam Annual

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3009AC 2 Each Noise Exposure Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Respirator User Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

3010AA 15 Each Respirator User Initial Exam

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3010AB 5 Each Respirator User Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Bloodborne Pathogens

UNIT UNIT PRICE ESTIMATED AMOUNT

3011AA 15 Each Bloodborne Pathogens Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3011AB 2 Each Bloodborne Pathogens As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3012 2 Each Lead Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

3013 2 Each Chromium VI Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

3014 2 Each Chemical Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

3015 5 Each Arbovirus Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

4001 12 Months Recordkeeping

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4002 125 Each Physical Exam

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4003 10 Each Fit for Duty Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

4004 80 Each Lock Operator/Maintenance Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

4005 16 Each Dive Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

4006 40 Each Crane Operator Physical

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

4007 5 Each Commercial Driver's License Phys

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

Asbestos Exposure Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

4008AA 2 Each Asbestos Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Noise Exposure Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

4009AA 15 Each Noise Exposure Exam Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4009AB 5 Each Noise Exposure Annual

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4009AC 2 Each Noise Exposure Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Respirator User Exam

UNIT UNIT PRICE ESTIMATED AMOUNT

4010AA 15 Each Respirator User Exam Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4010AB 5 Each Respirator User Exam As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

Bloodborne Pathogens

UNIT UNIT PRICE ESTIMATED AMOUNT

4011AA 15 Each Bloodborne Pathogens Initial

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4011AB 2 Each Bloodborne Pathogens As Requested

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4012 2 Each Lead Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

4013 2 Each Chromium VI Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

4014 2 Each Chemical Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

UNIT UNIT PRICE ESTIMATED AMOUNT

4015 5 Each Arbovirus Exposure Exam

FFP

In accordance with the Performance Work Statement (PWS).

PRICE SCHEDULE

Base Period (Line Items 0001-0015) $

Period of Performance for Base Year: Effective Date of Award through 31 March 2024

Option Year 1 (Line Items 1001-1015) $

Period of Performance for Option Year 1: 01 April 2024 through 31 March 2025

Option Year 2 (Line Items 2001-2015) $

Period of Performance for Option Year 2: 01 April 2025 through 31 March 2026

Option Year 3 (Line Items 3001-3015) $

Period of Performance for Option Year 3: 01 April 2026 through 31 March 2027

Option Year 4 (Line Items 4001-4015) $

Period of Performance for Option Year 4: 01 April 2027 through 29 March 2028

TOTAL (Line Items 0001 – 4015) $ Base and 4 Option Years

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

ADDENDUM TO FAR 52.212-4

The following clauses are hereby included as an addendum for FAR 52.212-4, Contract Terms and Conditions- Commercial Items:

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7022 Expediting Contract Closeout MAY 2021 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

DEC 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

DEC 2022

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Items DEC 2022 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

(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"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", 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.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

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

(3) 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--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

___ 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, 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.

(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 to the Equal Opportunity clause of this solicitation, and

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

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

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR 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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

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

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

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

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

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

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

Other Foreign End Products:

Exceeds 55% domestic content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No.

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

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

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

Israeli End Products:

Line Item No.

(3) 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:

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

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

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

Other End Products:

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

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

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

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

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

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2)for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial 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. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms.