FormSF1449_New_Cold_Storage.pdf
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- Cold Storage Blanket Purchase Agreement Federal contract opportunity
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- WC133F-13-RQ-0479
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RFQ IFB RFP
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODEFACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF.
DATE . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
OFFER
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
17a CONTRACTOR/
OFFEROR.
CODE
8 (A)
SIZE STANDARD:
NAICS:
% FOR:SET ASIDE:UNRESTRICTED OR
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
10. THIS ACQUISITION IS
EDWOSB
SMALL BUSINESS PROGRAM
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
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
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
PAGE 3 OF 38 WC-133F-13-RQ-0479
FAXED QUOTES WILL NOT BE ACCEPTED.
QUOTES SHOULD BE E-MAILED TO
SHELLEY.SMITH@NOAA.GOV
OR
MAILED TO THE BELOW USPS ADDRESS:
NOAA/AGO/ERAD
ATTN: SHELLEY SMITH
601 E 12TH STREET, ROOM 1756
KANSAS CITY MO 64106-2808
OR
MAILED TO THE BELOW FEDEX/UPS PACKAGE
ADDRESS:
DOC / NOAA - EAD - KC
1500 E. BANNISTER ROAD
KANSAS CITY, MO 54131
MAILED QUOTES MUST BE RECEIVED IN THIS
OFFICE BY THE DUE DATE AND TIME TO BE
CONSIDERED WITHIN THE DEADLINE.
0001 BASE YEAR
PERIOD OF PERFORMANCE
7/1/2013 THROUGH 6/30/2014
BLANKET PURCHASE AGREEMENT TO PROVIDE
COLD STORAGE FACILITIES AND SERVICES IN
THE MIAMI, FL AREA IN ACCORDANCE WITH
THE STATEMENT OF WORK AND DEPARTMENT
OF LABOR SERVICE CONTRACT ACT WAGE
DETERMINATION WC 05-2111 (REV -13) FOR THE
SOUTHEAST ENFORCEMENT DIVISION IN ST.
PETERSBERG, FL.
VENDOR WILL BE PAID FOR ACTUAL WORK
PERFORMED
MONTHLY STORAGE OF LOTS PER 100 LBS CWT
GROSS
UNIFORM BOXES OR CONTAINERS (24 TO 29 LBS
PER CUBIC FOOT)
$__________ MONTHLY COST PER 100 LBS
HANDLING IN AND OUT FEE
$__________ MONTHLY COST PER 100 LBS
STORAGE FEE
MONTHLY STORAGE OF LOTS PER 100 LBS CWT
GROSS
BLOCK FROZEN SEAFOOD
$__________ MONTHLY COST PER 100 LBS
HANDLING IN AND OUT FEE
$__________ MONTHLY COST PER 100 LBS
STORAGE FEE
MONTHLY STORAGE OF LOTS PER 100 LBS CWT
GROSS
INDIVIDUALLY QUICK FROZEN
$__________ MONTHLY COST PER 100 LBS
HANDLING IN AND OUT FEE
$__________ MONTHLY COST PER 100 LBS
STORAGE FEE
FEES TO REMOVE AND RETURN INSPECTED
SEIZED SEAFOOD TO STORAGE
$__________ COST PER 100 LBS CWT GROSS
LOADING OR UNLOADING FEE
$__________ COST PER 100 LBS CWT GROSS
1.00 LO
PAGE 4 OF 38 WC-133F-13-RQ-0479
STRETCH WRAP SERVICES
$__________ COST PER PALLET
SORTING FEES
$__________ COST PER 100 LBS CWT GROSS
Period of Performance: 07/01/2013 to 06/30/2014
OPT
0002 OPTION YEAR 1
PERIOD OF PERFORMANCE
7/1/2014 THROUGH 6/30/2015
BLANKET PURCHASE AGREEMENT TO PROVIDE
COLD STORAGE FACILITIES AND SERVICES IN
THE MIAMI, FL AREA IN ACCORDANCE WITH
THE STATEMENT OF WORK AND DEPARTMENT
OF LABOR SERVICE CONTRACT ACT WAGE
DETERMINATION WC 05-2111 (REV -13) FOR THE
SOUTHEAST ENFORCEMENT DIVISION IN ST.
PETERSBERG, FL.
VENDOR WILL BE PAID FOR ACTUAL WORK
PERFORMED
MONTHLY STORAGE OF LOTS PER 100 LBS CWT
GROSS
UNIFORM BOXES OR CONTAINERS (24 TO 29 LBS
PER CUBIC FOOT)
$__________ MONTHLY COST PER 100 LBS
HANDLING IN AND OUT FEE
$__________ MONTHLY COST PER 100 LBS
STORAGE FEE
MONTHLY STORAGE OF LOTS PER 100 LBS CWT
GROSS
BLOCK FROZEN SEAFOOD
$__________ MONTHLY COST PER 100 LBS
HANDLING IN AND OUT FEE
$__________ MONTHLY COST PER 100 LBS
STORAGE FEE
MONTHLY STORAGE OF LOTS PER 100 LBS CWT
GROSS
INDIVIDUALLY QUICK FROZEN
$__________ MONTHLY COST PER 100 LBS
HANDLING IN AND OUT FEE
$__________ MONTHLY COST PER 100 LBS
STORAGE FEE
FEES TO REMOVE AND RETURN INSPECTED
SEIZED SEAFOOD TO STORAGE
$__________ COST PER 100 LBS CWT GROSS
LOADING OR UNLOADING FEE
$__________ COST PER 100 LBS CWT GROSS
STRETCH WRAP SERVICES
$__________ COST PER PALLET
SORTING FEES
$__________ COST PER 100 LBS CWT GROSS
Period of Performance: 07/01/2014 to 06/30/2015
PAGE 5 OF 38 WC-133F-13-RQ-0479
OPT
0003 OPTION YEAR 2
PERIOD OF PERFORMANCE
7/1/2015 THROUGH 6/30/2016
BLANKET PURCHASE AGREEMENT TO PROVIDE
COLD STORAGE FACILITIES AND SERVICES IN
THE MIAMI, FL AREA IN ACCORDANCE WITH
THE STATEMENT OF WORK AND DEPARTMENT
OF LABOR SERVICE CONTRACT ACT WAGE
DETERMINATION WC 05-2111 (REV -13) FOR THE
SOUTHEAST ENFORCEMENT DIVISION IN ST.
PETERSBERG, FL.
VENDOR WILL BE PAID FOR ACTUAL WORK
PERFORMED
MONTHLY STORAGE OF LOTS PER 100 LBS CWT
GROSS
UNIFORM BOXES OR CONTAINERS (24 TO 29 LBS
PER CUBIC FOOT)
$__________ MONTHLY COST PER 100 LBS
HANDLING IN AND OUT FEE
$__________ MONTHLY COST PER 100 LBS
STORAGE FEE
MONTHLY STORAGE OF LOTS PER 100 LBS CWT
GROSS
BLOCK FROZEN SEAFOOD
$__________ MONTHLY COST PER 100 LBS
HANDLING IN AND OUT FEE
$__________ MONTHLY COST PER 100 LBS
STORAGE FEE
MONTHLY STORAGE OF LOTS PER 100 LBS CWT
GROSS
INDIVIDUALLY QUICK FROZEN
$__________ MONTHLY COST PER 100 LBS
HANDLING IN AND OUT FEE
$__________ MONTHLY COST PER 100 LBS
STORAGE FEE
FEES TO REMOVE AND RETURN INSPECTED
SEIZED SEAFOOD TO STORAGE
$__________ COST PER 100 LBS CWT GROSS
LOADING OR UNLOADING FEE
$__________ COST PER 100 LBS CWT GROSS
STRETCH WRAP SERVICES
$__________ COST PER PALLET
SORTING FEES
$__________ COST PER 100 LBS CWT GROSS
THE FOLLOWING INFORMATION IS TO BE
RETURNED:
1) PAGE 1 (COMPLETE BLOCKS 17A, 30A, 30B, AND
30C).
2) PAGE 3 (FILL IN YOUR QUOTE/PRICES).
3) YOUR DUN & BRADSTREET (D&B) D-U-NS
PAGE 6 OF 38 WC-133F-13-RQ-0479
NUMBER. IF YOU DO NOT HAVE A DUNS
NUMBER, YOU MAY REQUEST ONE AT HTTP://
FEDGOV.DNB.WEBFORM. THERE IS NO CHARGE
FOR GETTING A DUNS NUMBER.
4) VERIFICATION OF REGISTRATION IN THE
CENTRAL CONTRACTING REGISTRY DATABASE.
YOU MAY REGISTER AT HTTPS://WWW.SAM.GOV/
PORTAL/PUBLIC/SAM/. A DUNS NUMBER
IS REQUIRED. THERE IS NO CHARGE FOR
REGISTERING IN SAM.
5) VENDOR REPRESENTATIONS AND
CERTIFICATIONS (COMPLETE FAR 52.212-3, OR
CERTIFY COMPLETION IN ORCA AT HTTPS://
WWW.SAM.GOV/PORTAL/PUBLIC/SAM/ ). THERE
IS NO CHARGE FOR COMPLETING YOUR
REPRESENTATIONS AND CERTIFICATIONS IN SAM.
6) YOUR RESPONSE TO 1352.209-74(C),
ORGANIZATIONAL CONFLICT OF INTEREST.
7) YOUR RESPONSE TO REPRESENTATION
BY CORPORATIONS REGARDING ANY UNPAID
DELINQUENT TAX LIABILITY OR FELONY
CONVICTION.
8) AS REQUESTED IN 1352.213-70, PROVIDE YOUR
RESPONSE TO THE FACTORS USED TO EVALUATE
QUOTES.
CONTRACTORS WHO DO NOT RESPOND TO EACH
EVALUATION FACTOR MAY BE CONSIDERED
NONCOMPLIANT.
9) AN E-MAIL ADDRESS WHERE YOU CAN BE
REACHED FOR FUTURE CORRESPONDENCE.
THE GOVERNMENT INTENDS TO AWARD UP TO
THREE BLANKET PURCHASE AGREEMENTS FROM
THIS SOLICITATION AND INTENDS TO
AWARD TO THE RESPONSIVE RESPONSIBLE
QUOTER(S) PROVIDING THE BEST VALUE TO THE
GOVERNMENT, PRICE AND NON-PRICE FACTORS
CONSIDERED. AWARD WILL BE MADE ON THE
BASIS OF THE LOWEST EVALUATED PRICE OF
PROPOSALS MEETING OR EXCEEDING THE
ACCEPTABILITY STANDARDS FOR NON-COST
FACTORS.
"BEST VALUE" MEANS THE EXPECTED OUTCOME
OF AN ACQUISITION THAT, IN THE GOVERNMENT'S
ESTIMATION, PROVIDES THE GREATEST OVERALL
BENEFIT IN RESPONSE TO THE REQUIREMENT.
THE GOVERNMENT RESERVES THE RIGHT TO
MAKE A COMPARATIVE EVALUATION OF QUOTES
IN DETERMINING BEST VALUE IN ACCORDANCE
WITH FAR 13.106-2(B)(3).
REQUIRED SERVICES WILL BE ROTATED THROUGH
THE AWARDED VENDORS UNLESS THE SEIZED
PRODUCT IS PREVIOUSLY LOCATED AT ONE OF
THE AWARDED COLD STORAGE FACILITIES.
PAGE 7 OF 38 WC-133F-13-RQ-0479
Period of Performance: 06/01/2015 to 05/31/2016
Table of Contents
PAGE 8 OF 38 WC-133F-13-RQ-0479
SECTION
. 1 52.204-7 CENTRAL CONTRACTOR REGISTRATION (DEC 2012)
. 2 52.204-13 CENTRAL CONTRACTOR REGISTRATION MAINTENANCE (DEC 2012)
. 3 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)
. 4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)
. 5 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
. 6 52.237-3 CONTINUITY OF SERVICES (JAN 1991)
. 7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)
. 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--
COMMERCIAL ITEMS (JAN 2013)
. 9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
. 10 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
. 11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
. 12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
. 13 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
. 14 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
. 15 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)
. 16 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
. 17 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
. 18 1352.215-72 INQUIRIES (APR 2010)
. 19 1352.233-70 AGENCY PROTESTS (APR 2010)
. 20 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)
. 21 ACCELERATED PAYMENTS TO SUBCONTRACTORS
. 22 WAGE DETERMINATION
. 23 SAP EVALUATION PROCEDURES
. 24 IT SECURITY INFORMATION
. 25 STATEMENT OF WORK
. 26 UNPAID TAX LIABILITY
PAGE 9 OF 38 WC-133F-13-RQ-0479
SECTION
. 1 52.204-7 CENTRAL CONTRACTOR REGISTRATION (DEC 2012)
(Reference 52.204-7)
. 2 52.204-13 CENTRAL CONTRACTOR REGISTRATION MAINTENANCE (DEC 2012)
(Reference 52.204-13)
. 3 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)
(Reference 52.212-1)
. 4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)
(Reference 52.212-4)
. 5 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
(Reference 52.232-18)
. 6 52.237-3 CONTINUITY OF SERVICES (JAN 1991)
(Reference 52.237-3)
. 7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service--
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except--
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
PAGE 10 OF 38 WC-133F-13-RQ-0479
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.
L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is serviceconnected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.
PAGE 11 OF 38 WC-133F-13-RQ-0479
(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________.
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it |_| is, |_| is not a small business concern.
(2) Veteran-owned small business concern. 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. The offeror represents as part of its offer that it |_| is, |_| is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. The offeror represents, for general statistical purposes, that it |_| is, |_| is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. The offeror represents that it |_| is, |_| is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. The offeror represents that--
(i) It |_| is, |_| is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It |_| is, |_| is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. The offeror represents that--
(i) It |_| is, |_| is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It |_| is, |_| is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). 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)
(i) General. The offeror represents that either--
(A) It |_| is, |_| is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It |_| has, |_| has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
PAGE 12 OF 38 WC-133F-13-RQ-0479
(ii) |_| Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.
(11) HUBZone small business concern. The offeror represents, as part of its offer, that--
(i) It |_| is, |_| is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126;
and
(ii) It |_| is, |_| is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(9)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:
__________. Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246--
(1) Previous contracts and compliance. The offeror represents that--
(i) It |_| has, |_| has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It |_| has, |_| has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It |_| has developed and has on file, |_| has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It |_| has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act?Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.
The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies."
(2) Foreign End Products:
Line Item No. Country of Origin [List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
PAGE 13 OF 38 WC-133F-13-RQ-0479
product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--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 Act--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:
Line Item No. Country of Origin [List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products:
Line Item No. Country of Origin [List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act?Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
[List as necessary]
(3) Buy American Act?Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements?Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of Origin [List as necessary] (4)Buy American Act--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 Act--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:
Line Item No. Country of Origin [List as necessary]
(5) Trade Agreements Certificate.
PAGE 14 OF 38 WC-133F-13-RQ-0479
(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:
Line Item No. Country of Origin [List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. 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 $3,000 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial 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. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).
(1) Listed end products.
Listed End Product Country of Origin
PAGE 15 OF 38 WC-133F-13-RQ-0479
(2) Certification.
|_| (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
|_| (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--
(1) |_| In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) |_| Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Act.
(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)
(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1).
The offeror |_| does |_| does not certify that--
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(2) Certain services as described in FAR 22.1003-4(d)(1). The offeror |_| does |_| does not certify that--
. 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--
COMMERCIAL ITEMS (JAN 2013)
(a) The The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is 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:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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)). (15 U.S.C. 657a).
(3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.
111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
XX (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).
XX (6) 52.209-6, Protecting the Government`s Interest When
PAGE 16 OF 38 WC-133F-13-RQ-0479
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).
XX (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] (12) XX (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011) of 52.219-6.
(iii) Alternate II (Nov 2011) of 52.219-6.
(13)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(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.
XX (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 (Dec 1996) (15 U.S.C.
637(a)(14)).
(18) 52.219-16, Liquidated Damages--Subcontracting 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 (Jun 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. 657 f).
XX (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)).
XX (26) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
(27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).
XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)
PAGE 17 OF 38 WC-133F-13-RQ-0479
(38 U.S.C. 4212).
XX (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)).
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.
6962(i)(2)(C)).
(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.
XX (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 (NOV 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 (Nov 2012) of 52.225-3.
(41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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)).
XX (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).
(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 1984) 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:
XX (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)
PAGE 18 OF 38 WC-133F-13-RQ-0479
(41 U.S.C. 351, et seq.).
XX (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.).
XX (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 U.S.C. 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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).
(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
(9) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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…
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