FormSF1449_Paducah_Janitorial.pdf
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- Janitorial Services Federal contract opportunity
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- WC-133W-16-RQ-0065
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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 47 WC-133W-16-RQ-0065
0001 BASE YEAR
PERIOD OF PERFORMANCE
01/01/2016 THROUGH 12/31/2016
PROVIDE JANITORIAL SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED IN PADUCAH, KY
IN ACCORANCE WITH THE STATEMENT OF WORK
AND THE DEPARTMENT OF LABOR SERVICE
CONTRACT ACT WAGE DETERMINATION WD
05-2495 (REV. -19).
HOURLY RATE FOR ADDITIONAL WORK OUTSIDE
THE STATEMENT OF WORK.
$___________PER HOUR
Period of Performance: 01/01/2016 to 12/31/2016
12.00 MO
OPT
0002 OPTION YEAR 1
PERIOD OF PERFORMANCE
01/01/2017 THROUGH 12/31/2017
PROVIDE JANITORIAL SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED IN PADUCAH, KY
IN ACCORANCE WITH THE STATEMENT OF WORK
AND THE APPLICABLE DEPARTMENT OF LABOR
SERVICE CONTRACT ACT WAGE DETERMINATION.
HOURLY RATE FOR ADDITIONAL WORK OUTSIDE
THE STATEMENT OF WORK.
$___________PER HOUR
Period of Performance: 01/01/2017 to 12/31/2017
12.00 MO
OPT
0003 OPTION YEAR 2
PERIOD OF PERFORMANCE
01/01/2018 THROUGH 12/31/2018
PROVIDE JANITORIAL SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED IN PADUCAH, KY
IN ACCORANCE WITH THE STATEMENT OF WORK
AND THE APPLICABLE DEPARTMENT OF LABOR
SERVICE CONTRACT ACT WAGE DETERMINATION.
HOURLY RATE FOR ADDITIONAL WORK OUTSIDE
THE STATEMENT OF WORK.
$___________PER HOUR
Period of Performance: 01/01/2018 to 12/31/2018
12.00 MO
OPT
0004 OPTION YEAR 3
PERIOD OF PERFORMANCE
01/01/2019 THROUGH 12/31/2019
PROVIDE JANITORIAL SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED IN PADUCAH, KY
12.00 MO
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
PAGE 4 OF 47 WC-133W-16-RQ-0065
IN ACCORANCE WITH THE STATEMENT OF WORK
AND THE APPLICABLE DEPARTMENT OF LABOR
SERVICE CONTRACT ACT WAGE DETERMINATION.
HOURLY RATE FOR ADDITIONAL WORK OUTSIDE
THE STATEMENT OF WORK.
$___________PER HOUR
Period of Performance: 01/01/2019 to 12/31/2019
OPT
0005 OPTION YEAR 4
PERIOD OF PERFORMANCE
01/01/2020 THROUGH 12/31/2020
PROVIDE JANITORIAL SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED IN PADUCAH, KY
IN ACCORANCE WITH THE STATEMENT OF WORK
AND THE APPLICABLE DEPARTMENT OF LABOR
SERVICE CONTRACT ACT WAGE DETERMINATION.
HOURLY RATE FOR ADDITIONAL WORK OUTSIDE
THE STATEMENT OF WORK.
$___________PER HOUR
Period of Performance: 01/01/2020 to 12/31/2020
12.00 MO
Table of Contents
PAGE 5 OF 47 WC-133W-16-RQ-0065
SECTION
. 1 OFFEROR INSTRUCTIONS
. 2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
. 3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
. 4 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
. 5 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
. 6 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS - #REPRESENTATION (FEB 2015)
. 7 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS (FEB 2015)
. 8 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
. 9 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
. 10 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)
. 11 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2015)
. 12 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014)
. 13 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)
. 14 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2015)
. 15 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)
. 16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--
COMMERCIAL ITEMS (OCT 2015)
. 17 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
. 18 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
. 19 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)
. 20 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION
CONTRACTS (SEP 2013)
. 21 BIO-BASED REPORTING
. 22 52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)--
ALTERNATE I (JUL 1995)
. 23 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
. 24 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)
. 25 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION
CONTRACTS (MAY 2008)
. 26 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
. 27 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
. 28 52.237-1 SITE VISIT (APR 1984)
. 29 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)
. 30 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)
. 31 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
. 32 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
. 33 1352.213-70 EVALUATION UTILIZING SAP
. 34 1352.215-72 INQUIRIES (APR 2010)
. 35 1352.228-70 INSURANCE COVERAGE (APR 2010)
. 36 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)
. 37 1352.233-70 AGENCY PROTESTS (APR 2010)
. 38 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)
. 39 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)
. 40 1352.237-75 KEY PERSONNEL (APR 2010)
. 41 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
. 42 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)
. 43 STATEMENT OF WORK
. 44 DEPARTMENT OF LABOR WAGE DETERMINATION
Table of Contents
PAGE 6 OF 47 WC-133W-16-RQ-0065
. 45 UNPAID TAX LIABILITY
PAGE 7 OF 47 WC-133W-16-RQ-0065
SECTION
. 1 OFFEROR INSTRUCTIONS
OFFEROR INSTRUCTIONS
FAXED QUOTES WILL NOT BE ACCEPTED. QUOTES SHOULD BE E-MAILED TO
SHELLEY.SMITH@NOAA.GOV
OR
MAILED TO THE BELOW ADDRESS:
NOAA/AGO/ERAD
ATTN: SHELLEY SMITH
601 E 12TH STREET, ROOM 1734
KANSAS CITY MO 64106-2808
MAILED QUOTES MUST BE RECEIVED IN THIS OFFICE BY THE DUE DATE AND TIME TO
BE CONSIDERED WITHIN THE DEADLINE.
QUOTERS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION BY E-MAIL
WITHIN 5 DAYS OF THE ISSUANCE OF THIS SOLICITATION.
SITE VISIT
A SITE VISIT IS STRONGLY ENCOURAGED. QUOTERS ARE STRONGLY ENCOURAGED
TO INSPECT THE SITE WHERE SERVICES ARE TO BE PERFORMED AND TO SATISFY
THEMSELVES AS TO ALL GENERAL AND LOCAL CONDITIONS THAT MAY AFFECT THE
COST OF THE PERFORMANCE OF THE CONTRACT, TO THE EXTENT SUCH
INFORMATION IS REASONABLY OBTAINABLE. IN NO EVENT WILL A FAILURE TO
INSPECT THE SITE CONSTITUTE GROUNDS FOR A CLAIM AFTER AWARD OF THE
CONTRACT. PLEASE CONTACT DEBBIE HOOPER AT 270-744-6440 TO SCHEDULE A SITE
VISIT.
THE GOVERNMENT INTENDS TO MAKE AN 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).
CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT
TO BE AWARDED A PURCHASE ORDER. YOU MAY REGISTER AT
HTTPS://WWW.SAM.GOV/PORTAL/PUBLIC/SAM/. A DUNS NUMBER IS REQUIRED.
THERE IS NO CHARGE FOR REGISTERING IN SAM .
PAGE 8 OF 47 WC-133W-16-RQ-0065
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-N-S NUMBER. IF YOU DO NOT HAVE A DUNS
NUMBER, YOU MAY REQUEST ONE AT HTTP://FEDGOV.DNB.COM/WEBFORM. THERE IS
NO CHARGE FOR GETTING A DUNS NUMBER.
4) IF CONTRACTOR REPRESENTATIONS AND CERTIFICATIONS ARE NOT COMPLETED
IN THE SYSTEM FOR AWARD MANAGEMENT (WWW.SAM.GOV), COMPLETE AND
RETURN FAR CLAUSE 52.212-3. YOU MAY OR CERTIFY COMPLETION IN ORCA AT
HTTPS://WWW.SAM.GOV/PORTAL/PUBLIC/SAM/ ).
5) YOUR RESPONSE TO 1352.209-74(C), ORGANIZATIONAL CONFLICT OF INTEREST. YOU
MUST PROVIDE DOCUMENTATION THAT YOUR COMPANY DOES OR DOES NOT HAVE
A CONFLICT OF INTEREST.
6) 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 NON-COMPLIANT.
7) YOUR RESPONSE TO 1352-237-75, KEY PERSONNEL.
8) YOUR COMPLETED UNPAID TAX LIABILITY FORM
9) AN E-MAIL ADDRESS AND TELEPHONE NUMBER WHERE YOU CAN BE REACHED
FOR FUTURE CORRESPONDENCE.
. 2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will
PAGE 9 OF 47 WC-133W-16-RQ-0065
make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/?q=browsefar
(End of Provision)
. 3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/?q=browsefar
(End of Clause)
. 4 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any (48 CFR Chapter provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Provision)
. 5 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter
1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter
1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
. 6 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS - #REPRESENTATION (FEB 2015)
(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use
PAGE 10 OF 47 WC-133W-16-RQ-0065
funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(End of provision)
. 7 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS (FEB 2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.
(End of clause)
. 8 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
(Reference 52.204-7)
. 9 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(Reference 52.204-9)
. 10 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)
(Reference 52.204-16)
. 11 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2015)
(Reference 52.204-18)
PAGE 11 OF 47 WC-133W-16-RQ-0065
. 12 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014)
(Reference 52.208-9)
. 13 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)
(Reference 52.212-1)
. 14 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2015)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision-- ``Economically disadvantaged women-owned small business (EDWOSB) concern`` means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
``Forced or indentured child labor`` means all work or service
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
``Highest-level owner`` means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
``Immediate owner`` means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
``Inverted domestic corporation,`` means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
``Manufactured end product`` means any end product in product and service codes (PSCs) 1000-9999, except
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
``Place of manufacture`` means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
``Restricted business operations`` means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.
110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
PAGE 12 OF 47 WC-133W-16-RQ-0065
(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;
Sensitive technology
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
(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
(1) Means a small business concern
(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``
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
``Small business concern`` means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
``Small disadvantaged business concern, consistent with 13 CFR 124.1002,`` means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
``Subsidiary`` means an entity in which more than 50 percent of the entity is owned
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(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 ``Veteran-owned small business concern`` means a small business concern
(2) The management and daily business operations of which are controlled by one or more veterans.
``Women-owned business concern`` means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
``Women-owned small business concern`` means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
``Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),`` means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)
(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and
PAGE 13 OF 47 WC-133W-16-RQ-0065
are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________.
[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/ or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on
SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [_] is, [_] is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse de cisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(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 joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
PAGE 14 OF 47 WC-133W-16-RQ-0065
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:
__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [_] has, [_] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(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.)
(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.
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.
The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of ``domestic end product.`` The terms ``commercially available off-the-shelf (COTS) item,`` ``component,`` ``domestic end product,`` ``end product,`` ``foreign end product,`` and ``United States`` are defined in the clause of this solicitation entitled ``Buy American-Supplies.``
(2) Foreign End Products:
Line Item No. Country of Origin
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,`` ``commercially available off-the-shelf (COTS) item,`` ``component,`` ``domestic end product,`` ``end product,`` ``foreign end product,`` ``Free Trade Agreement country,`` ``Free Trade Agreement country end product,`` ``Israeli end product,`` and ``United States`` are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.``
(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.)
(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:
PAGE 15 OF 47 WC-133W-16-RQ-0065
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) or this provision) as defined in the clause of this solicitation entitled ``Buy American-Free Trade Agreements-Israeli Trade Act.`` The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of ``domestic end product.`` Other Foreign End Products:
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-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g) (1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled ``Buy American-Free Trade Agreements-Israeli Trade Act``:
Canadian End Products:
Line Item No.
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act``: Canadian or Israeli End Products:
Line Item No. Country of Origin
[List as necessary]
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g) (1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American-Free Trade Agreements-Israeli Trade Act``:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
(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
[List as necessary]
PAGE 16 OF 47 WC-133W-16-RQ-0065
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated count ry end product as defined in the clause of this solicitation entitled ``Trade Agreements.``
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 statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(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.
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed End Product
PAGE 17 OF 47 WC-133W-16-RQ-0065
Line item No. Listed Countries of Origin
[List as necessary]
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is 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.
(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
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards.
(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c) (1). The offeror [_] does [_] does not certify that-
(i) The items of equipment to be 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;
(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-
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies-
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C.
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