C-17 Fabric Shelter
Awarded Award Notice Posted
- Solicitation number
- F3QCCM8114A004
- Agency
- AFLCMC Robins AFB Lifecycle Management Center, Department of Defense
- Awarded
- to Signature Structures LLC
- Set-aside
- Total Small Business
Opportunity facts
- Contract number
- FA8571-18-P-0074 Federal contract award
- NAICS code
- 332311 Prefabricated Metal Building and Component Manufacturing
- PSC
- Not on record
- Place of performance
- Robins AFB, Georgia 31098, United States
Notice details come from SAM.gov. Updated .
Notice text
13 versions
Update #13 · Latest ·
Awarded Vendors: Signature Structures, LLC. Contract Award Dollar Amount: $1,257,913.00. Contract Award Date: 2018-09-20.
Update #12 ·
Solicitation F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCM8114A004. This solicitation will be solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A
REQUIREMENT:
The requirement is for the procurement and installation of a C-17 Tension Fabric Shelter. This shall be a turn-key effort to include: design, fabrication, materials, delivery and set-up of a stand-alone, pre-engineered fabric structure.
Please see attachments for more detailed information.
Added: Jul 09, 2018 7:36 am Modified: Aug 14, 2018 3:05 pmTrack Changes.
Update #11 ·
Added: Jun 05, 2018 10:09 am Modified: Aug 14, 2018 3:05 pmTrack Changes
SolicitationF3QCCM8114A004is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCM8114A004. This solicitation will be solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A
REQUIREMENT:
The requirement is for the procurement and installation of a C-17 Tension Fabric Shelter. This shall be a turn-key effort to include: design, fabrication, materials, delivery and set-up of a stand-alone, pre-engineered fabric structure.
Please see attachments for more detailed information.
Added: Jul 09, 2018 7:36 am Modified: Aug 14, 2018 3:05 pmTrack Changes
Update #10 ·
Solicitation is being cancelled due to a rework of documentation associated with this requirement. Robins AFB currently anticipates receiving the amended documentation at or around the end of July. Questions that have been sent in by interested vendors are being incorporated into requirements documents. Robins AFB currently anticipates re-soliciting this requirement at the end of July or beginning of August. The revised posting will be listed under the title "C-17_Fabric_Shelter" at the time that it is reposted..
Update #9 ·
Added: Jul 09, 2018 7:36 am Solicitation is being cancelled due to a rework of documentation associated with this requirement. Robins AFB currently anticipates receiving the amended documentation at or around the end of July. Questions that have been sent in by interested vendors are being incorporated into requirements documents. Robins AFB currently anticipates re-soliciting this requirement at the end of July or beginning of August. The revised posting will be listed under the title "C-17_Fabric_Shelter" at the time that it is reposted.
Update #8 ·
***For a formatted view of the information below, please see the "RFQ - F3QCCM8114A004" document in the attachments.***
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the
format in FAR subpart 12.6 as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a written
solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition
Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCM8114A004. This solicitation will be
solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase
Description dated 22 May 2018. This shall be a turn-key effort to include: design, fabrication,
materials, delivery and set-up of a stand-alone, pre-engineered modular structure. This shelter
shall be stressed or tensioned fabric and be complete with all accessories and adequately anchored
to the apron to withstand local design load requirements. There will be no requirement for a fire
suppression system, alarm system, emergency lighting system or any explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric membrane
structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated Lists
(NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O & M) Manual (NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB Inspection/Acceptance: Destination/Destination FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday, 20 July 2018, 1:00 pm EST.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January 2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contr ctor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations FAR
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013) FAR 52.212-4 Contract Terms and
Conditions - Commercial Items FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13
Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management FAR 52.232-39
Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.243-1
Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) FAR 52.249-8 Default
(Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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
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):
http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized
deviation is Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS 252.204-7002
Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS
252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS
252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS
252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil) AFFARS
5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless an agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal
violation under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as
follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible
offeror whose offer conforming to the solicitation will be most advantageous to the Government,
price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for
reasonableness and balance as discussed in the following paragraphs (i) and (ii). Offerors are
advised to review all data items and ensure that they are proposing to the specific data
requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a
determination of reasonableness. Price analysis techniques may be used to validate price
reasonableness. If adequate price competition is not obtained and/or if price reasonableness cannot
be determined using price analysis of Government obtained information, additional information may
be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more
contract line items is significantly overstated or understated as indicated by the application of
proposal analysis techniques. The Government will analyze the proposed prices to determine whether
there are unbalanced separately priced line items. Prices submitted will be compared and evaluated
to assure that a logical progression exists as related to price and quantity changes within each
offeror's response to the pricing structure in the Schedule. Offerors are cautioned against
submitting an offer that contains unbalanced pricing; offers that are determined to be unbalanced
may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for
all options to the total price for the basic requirement. The Government may determine that an
offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after
its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual
representations and certifications electronically, the Offeror shall complete only paragraphs (c)
through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can
be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or
that owns or controls one or more entities that control an immediate owner of the offeror. No
entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or
interlocking management, identity of interests among family members, shared facilities and
equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of
an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and
definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999,
except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or
otherwise made or processed from raw materials into the finished product that is to be provided to
the Government. If a product is disassembled and reassembled, the place of reassembly is not the
place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the
predecessor.
"Restricted business operations" means business operations in Sudan that include power production
activities, mineral extraction activities, oil-related activities, or the production of military
equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.
L. 110-174). Restricted business operations do not include business operations that the person (as
that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in
the Department of the Treasury, or are expressly exempted under Federal law from the requirement to
be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does
not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts,
and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this
solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business
concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying
out the affairs of the predecessor under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same company or a company that only
changes its name. The extent of the responsibility of the successor for the liabilities of the
predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more
women; or in the case of any publicly owned business, at least 51 percent of 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 SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the
SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database
information, the offeror verifies by submission of this offer that the 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
are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not
a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of
its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror
represented itself as a veteran-owned small business concern in paragraph (c)(2) of this
provision.] The offeror represents as part of its offer that it [_] is, [_] is not a
service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_]
is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_]
is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the
simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror
represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small businesses that
are participating in the joint venture: .] Each WOSB concern eligible under the WOSB
Program participating in the joint venture shall submit a separate signed copy of the WOSB
representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the
offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern
participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern and other small businesses that are participating in the joint venture:
.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50
percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its
offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material changes in ownership and control, principal office, or
HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part
126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter
the names of each of the HUBZone small business concerns participating in the HUBZone joint
venture: .] Each HUBZone small business concern participating in the HUBZone
joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered
components of unknown origin to have been mined, produced, or manufactured outside the United
States. The offeror shall list as foreign end products those end products manufactured in the
United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (2) of the definition of "domestic end product." The terms
"commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end
product," "foreign end product," and "United States" are defined in the clause of this solicitation
entitled "Buy American- Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the
clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in
this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or manufactured
outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product,"
"end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country
end product," "Israeli end product," and "United States" are defined in the clause of this
solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of
this provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains
unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or judicial
challenge. In the case of a judicial challenge to the liability, the liability is not finally
determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has
failed to pay the tax liability when full payment was due and required. A taxpayer is not
delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising
out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN). [_] TIN: . [_] TIN
has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and does
not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or
instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship; [_] Partnership;
[_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local); [_] Foreign government;
[_] International organization per 26 CFR 1.6049-4; [_] Other
.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent:
Name
TIN
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that
the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds
for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance
with the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions
relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as
provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see
OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not
apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to
be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror
has more than one immediate owner (such as a joint venture), then the Offeror shall respond to
paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint
venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following
information: Immediate owner CAGE code:
Immediate owner legal name:
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the
immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:
Highest level owner legal name:
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under
any Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless and agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16,
Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a
Federal contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following
information for all predecessors that held a Federal contract or grant within the last three years
(if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code (or mark "Unknown).
Predecessor legal name: . (Do not use a "doing business
as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations
that require offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received
less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web
site the results of a greenhouse gas inventory, performed in accordance with an accounting standard
with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol
Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a
specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-
party greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision,
respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas
emissions and/or reduction goals are reported: .
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent
appropriations acts (and as extended in continuing resolutions), Government agencies are not
permitted to use appropriated (or otherwise made available) funds for contracts with an entity that
requires employees or subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements
applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414
(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a
Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or subcontractors from lawfully
reporting waste, fraud, or abuse related to the performance of a Government contract to a
designated investigative or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the
simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --
Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or
partially terminated, the records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement. Records relating to appeals under the
disputes clause or to litigation or the settlement of claims arising under or relating to this
contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices,
and other data, regardless of type and regardless of form. This does not require the Contractor to
create or maintain any record that the Contractor does not maintain in the ordinary course of
business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not
required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract
for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as
required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in
all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required
in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity
(Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of
filing a protest with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business
systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used
instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance
location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only
to fill in applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC
Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code
Ship From Code Mark For Code
Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC
DCAA Auditor DoDAAC Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request
includes appropriate contract line item and subline item descriptions of the work performed or
supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up
documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment
request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the
"Send Additional Email Notifications" field of WAWF once a document is submitted in the system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all
contractor personnel who make frequent visits to or perform work on the Air Force installation(s)
cited in the contract. Contractor personnel are required to wear or prominently display
installation identification badges or contractor-furnished, contractor identification badges while
visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer
listing the following: contract number, location of work site, start and stop dates, and names of
employees and subcontractor employees needing access to the base. The letter will also specify the
individual(s) authorized to sign for a request for base identification credentials or vehicle
passes. The contracting officer will endorse the request and forward it to the issuing base pass
and registration office or Security Forces for processing. When reporting to the registration
office, the authorized contractor individual(s) should provide a valid driver's license, current
vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required
identification for newly assigned personnel and for prompt return of credentials and vehicle passes
for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the
contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security
Program Management citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the
prime contractor shall ensure that all base identification passes issued to employees and
subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES
DATE
Exhibit A CDRL A001: Contractor's Standard Operating Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3
30-APR-2018 Exhibit C CDRLs A003 - A006
2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2
16-MAY-2018
Attachment 1 Purchase Description 16
22-MAY-2018
Attachment 2 Appendix C
21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated Attachment 5
Drawing - Layout of N-27 1 Undated
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR
subpart 12.6 as supplemented with additional information included in this notice. This announcement
constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This
solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ)
No. F3QCCM8114A004. This solicitation will be solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A
REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase Description dated
22 May 2018. This shall be a turn-key effort to include: design, fabrication, materials, delivery and set-up of a
stand-alone, pre-engineered modular structure. This shelter shall be stressed or tensioned fabric and be
complete with all accessories and adequately anchored to the apron to withstand local design load requirements.
There will be no requirement for a fire suppression system, alarm system, emergency lighting system or any
explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric
membrane structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated
Lists (NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O & M) Manual
(NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB
Inspection/Acceptance: Destination/Destination
FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday, 19 June
2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award status prior to this
date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January
2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation
FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management
FAR 52.232-39 Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation
FAR 52.243-1 Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies
FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)
FAR 52.249-8 Default (Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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 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):
http://farsite.hill.af.mil/vmfara.htm
http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.204-7002 Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil)
AFFARS 5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations
acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of
the corporation and made a determination that this action is not necessary to protect the interests of the
Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;
and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal
law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the
solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for reasonableness
and balance as discussed in the following paragraphs (i) and (ii). Offerors are advised to review all data items
and ensure that they are proposing to the specific data requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a determination of
reasonableness. Price analysis techniques may be used to validate price reasonableness. If adequate price
competition is not obtained and/or if price reasonableness cannot be determined using price analysis of
Government obtained information, additional information may be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more contract line
items is significantly overstated or understated as indicated by the application of proposal analysis techniques.
The Government will analyze the proposed prices to determine whether there are unbalanced separately priced
line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related
to price and quantity changes within each offeror's response to the pricing structure in the Schedule. Offerors
are cautioned against submitting an offer that contains unbalanced pricing; offers that are determined to be
unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. The Government may determine that an offer is unacceptable if the
option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise
the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror
within the time for acceptance specified in the offer, shall result in a binding contract without further action by
either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received
before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located
at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns
or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises
control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of
employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise
made or processed from raw materials into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan
Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not
have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by
one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern
under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000
after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs
of the predecessor under a new name (often through acquisition or merger). The term "successor" does not
include new offices/divisions of the same company or a company that only changes its name. The extent of the
responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and
specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned
by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women;
or in the case of any publicly owned business, at least 51 percent of 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 SAM
website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM
website accessed through https://www.acquisition.gov. After reviewing the SAM database information,
the offeror verifies by submission of this offer that the 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 are incorporated in this offer by reference (see FAR 4.1201),
except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it
[_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented
itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror
represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business
concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a
women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified
acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents
that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse
decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small
businesses that are participating in the joint venture: _________.] Each WOSB concern eligible
under the WOSB Program participating in the joint venture shall submit a separate signed copy
of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if
the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB
concern participating in the joint venture. [The offeror shall enter the name or names of the
EDWOSB concern and other small businesses that are participating in the joint venture:
_____________.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors
may identify the labor surplus areas in which costs to be incurred on account of manufacturing or
production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material changes in ownership and control, principal
office, or HUBZone employee percentage have occurred since it was certified in accordance with
13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall
enter the names of each of the HUBZone small business concerns participating in the HUBZone
joint venture: __________.] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,
Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is
a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of "domestic end product." The terms "commercially
available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign
end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-
Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause
at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian,
or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component,"
"domestic end product," "end product," "foreign end product," "Free Trade Agreement country,"
"Free Trade Agreement country end product," "Israeli end product," and "United States" are
defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli
Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free
Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the
taxpayer has failed to pay the tax liability when full payment was due and required. A
taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting requirements
of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue
Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out
of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may
be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and
does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror
does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with
the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps
or any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.)
(see OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply
if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has
more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2)
and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:_____________________________________________
Immediate owner legal name:______________________________________________
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity:
[ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate
owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:_____________________________________________
Highest level owner legal name:______________________________________________
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has
considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal
contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information
for all predecessors that held a Federal contract or grant within the last three years (if more than one
predecessor, list in reverse chronological order):
Predecessor CAGE code ______(or mark "Unknown).
Predecessor legal name: _________________________.
(Do not use a "doing business as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible
Web site the results of a greenhouse gas inventory, performed in accordance with an accounting
standard with publicly available and consistently applied criteria, such as the Greenhouse Gas
Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by
a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, thirdparty
greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the
Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:_____.
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions), Government agencies are not permitted to use
appropriated (or otherwise made available) funds for contracts with an entity that requires employees or
subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive
Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,
fraud, or abuse related to the performance of a Government contract to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information
(e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this
paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required
to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial
items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78
and E.O. 13627).
____ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of
receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest
with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide
Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management
at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an
"Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following
inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below
only to fill in applicable fields in WAWF when creating payment requests and receiving reports
in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment
request includes appropriate contract line item and subline item descriptions of the work
performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant
back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each
payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in
the "Send Additional Email Notifications" field of WAWF once a document is submitted in the
system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil
Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel
who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor
personnel are required to wear or prominently display installation identification badges or contractor-furnished,
contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the
following: contract number, location of work site, start and stop dates, and names of employees and
subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to
sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the
request and forward it to the issuing base pass and registration office or Security Forces for processing. When
reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's
license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification
for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no
longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor
shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management
citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime
contractor shall ensure that all base identification passes issued to employees and subcontractor employees are
returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES DATE
Exhibit A CDRL A001: Contractor's Standard Operating
Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3 30-APR-2018
Exhibit C CDRLs A003 - A006 2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2 16-MAY-2018
Attachment 1 Purchase Description 16 22-MAY-2018
Attachment 2 Appendix C 21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated
Attachment 5 Drawing - Layout of N-27 1 Undated.
Update #7 ·
Added: Jun 05, 2018 10:09 am
Modified: Jul 02, 2018 9:36 amTrack Changes
***For a formatted view of the information below, please see the "RFQ - F3QCCM8114A004" document in the attachments.***
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the
format in FAR subpart 12.6 as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a written
solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition
Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCM8114A004. This solicitation will be
solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase
Description dated 22 May 2018. This shall be a turn-key effort to include: design, fabrication,
materials, delivery and set-up of a stand-alone, pre-engineered modular structure. This shelter
shall be stressed or tensioned fabric and be complete with all accessories and adequately anchored
to the apron to withstand local design load requirements. There will be no requirement for a fire
suppression system, alarm system, emergency lighting system or any explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric membrane
structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated Lists
(NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O&M) Manual (NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB Inspection/Acceptance: Destination/Destination FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday, 20 July 2018, 1:00 pm EST.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January 2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contr ctor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations FAR
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013) FAR 52.212-4 Contract Terms and
Conditions - Commercial Items FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13
Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management FAR 52.232-39
Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.243-1
Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) FAR 52.249-8 Default
(Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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
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):
http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized
deviation is Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS 252.204-7002
Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS
252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS
252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS
252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil) AFFARS
5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless an agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal
violation under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as
follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible
offeror whose offer conforming to the solicitation will be most advantageous to the Government,
price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for
reasonableness and balance as discussed in the following paragraphs (i) and (ii). Offerors are
advised to review all data items and ensure that they are proposing to the specific data
requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a
determination of reasonableness. Price analysis techniques may be used to validate price
reasonableness. If adequate price competition is not obtained and/or if price reasonableness cannot
be determined using price analysis of Government obtained information, additional information may
be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more
contract line items is significantly overstated or understated as indicated by the application of
proposal analysis techniques. The Government will analyze the proposed prices to determine whether
there are unbalanced separately priced line items. Prices submitted will be compared and evaluated
to assure that a logical progression exists as related to price and quantity changes within each
offeror's response to the pricing structure in the Schedule. Offerors are cautioned against
submitting an offer that contains unbalanced pricing; offers that are determined to be unbalanced
may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for
all options to the total price for the basic requirement. The Government may determine that an
offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after
its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual
representations and certifications electronically, the Offeror shall complete only paragraphs (c)
through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can
be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or
that owns or controls one or more entities that control an immediate owner of the offeror. No
entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or
interlocking management, identity of interests among family members, shared facilities and
equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of
an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and
definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999,
except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or
otherwise made or processed from raw materials into the finished product that is to be provided to
the Government. If a product is disassembled and reassembled, the place of reassembly is not the
place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the
predecessor.
"Restricted business operations" means business operations in Sudan that include power production
activities, mineral extraction activities, oil-related activities, or the production of military
equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.
L. 110-174). Restricted business operations do not include business operations that the person (as
that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in
the Department of the Treasury, or are expressly exempted under Federal law from the requirement to
be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does
not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts,
and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this
solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business
concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying
out the affairs of the predecessor under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same company or a company that only
changes its name. The extent of the responsibility of the successor for the liabilities of the
predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more
women; or in the case of any publicly owned business, at least 51 percent of 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 SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the
SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database
information, the offeror verifies by submission of this offer that the 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
are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not
a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of
its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror
represented itself as a veteran-owned small business concern in paragraph (c)(2) of this
provision.] The offeror represents as part of its offer that it [_] is, [_] is not a
service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_]
is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_]
is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the
simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror
represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small businesses that
are participating in the joint venture: .] Each WOSB concern eligible under the WOSB
Program participating in the joint venture shall submit a separate signed copy of the WOSB
representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the
offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern
participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern and other small businesses that are participating in the joint venture:
.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50
percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its
offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material changes in ownership and control, principal office, or
HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part
126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter
the names of each of the HUBZone small business concerns participating in the HUBZone joint
venture: .] Each HUBZone small business concern participating in the HUBZone
joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered
components of unknown origin to have been mined, produced, or manufactured outside the United
States. The offeror shall list as foreign end products those end products manufactured in the
United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (2) of the definition of "domestic end product." The terms
"commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end
product," "foreign end product," and "United States" are defined in the clause of this solicitation
entitled "Buy American- Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the
clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in
this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or manufactured
outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product,"
"end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country
end product," "Israeli end product," and "United States" are defined in the clause of this
solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of
this provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains
unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or judicial
challenge. In the case of a judicial challenge to the liability, the liability is not finally
determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has
failed to pay the tax liability when full payment was due and required. A taxpayer is not
delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising
out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN). [_] TIN: . [_] TIN
has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and does
not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or
instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship; [_] Partnership;
[_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local); [_] Foreign government;
[_] International organization per 26 CFR 1.6049-4; [_] Other
.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent:
Name
TIN
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that
the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds
for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance
with the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions
relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as
provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see
OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not
apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to
be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror
has more than one immediate owner (such as a joint venture), then the Offeror shall respond to
paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint
venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following
information: Immediate owner CAGE code:
Immediate owner legal name:
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the
immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:
Highest level owner legal name:
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under
any Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless and agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16,
Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a
Federal contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following
information for all predecessors that held a Federal contract or grant within the last three years
(if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code (or mark "Unknown).
Predecessor legal name: . (Do not use a "doing business
as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations
that require offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received
less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web
site the results of a greenhouse gas inventory, performed in accordance with an accounting standard
with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol
Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a
specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-
party greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision,
respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas
emissions and/or reduction goals are reported: .
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent
appropriations acts (and as extended in continuing resolutions), Government agencies are not
permitted to use appropriated (or otherwise made available) funds for contracts with an entity that
requires employees or subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements
applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414
(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a
Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or subcontractors from lawfully
reporting waste, fraud, or abuse related to the performance of a Government contract to a
designated investigative or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the
simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --
Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or
partially terminated, the records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement. Records relating to appeals under the
disputes clause or to litigation or the settlement of claims arising under or relating to this
contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices,
and other data, regardless of type and regardless of form. This does not require the Contractor to
create or maintain any record that the Contractor does not maintain in the ordinary course of
business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not
required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract
for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as
required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in
all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required
in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity
(Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of
filing a protest with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business
systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used
instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance
location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only
to fill in applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC
Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code
Ship From Code Mark For Code
Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC
DCAA Auditor DoDAAC Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request
includes appropriate contract line item and subline item descriptions of the work performed or
supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up
documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment
request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the
"Send Additional Email Notifications" field of WAWF once a document is submitted in the system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all
contractor personnel who make frequent visits to or perform work on the Air Force installation(s)
cited in the contract. Contractor personnel are required to wear or prominently display
installation identification badges or contractor-furnished, contractor identification badges while
visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer
listing the following: contract number, location of work site, start and stop dates, and names of
employees and subcontractor employees needing access to the base. The letter will also specify the
individual(s) authorized to sign for a request for base identification credentials or vehicle
passes. The contracting officer will endorse the request and forward it to the issuing base pass
and registration office or Security Forces for processing. When reporting to the registration
office, the authorized contractor individual(s) should provide a valid driver's license, current
vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required
identification for newly assigned personnel and for prompt return of credentials and vehicle passes
for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the
contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security
Program Management citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the
prime contractor shall ensure that all base identification passes issued to employees and
subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES
DATE
Exhibit A CDRL A001: Contractor's Standard Operating Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3
30-APR-2018 Exhibit C CDRLs A003 - A006
2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2
16-MAY-2018
Attachment 1 Purchase Description 16
22-MAY-2018
Attachment 2 Appendix C
21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated Attachment 5
Drawing - Layout of N-27 1 Undated
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR
subpart 12.6 as supplemented with additional information included in this notice. This announcement
constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This
solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ)
No. F3QCCM8114A004. This solicitation will be solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A
REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase Description dated
22 May 2018. This shall be a turn-key effort to include: design, fabrication, materials, delivery and set-up of a
stand-alone, pre-engineered modular structure. This shelter shall be stressed or tensioned fabric and be
complete with all accessories and adequately anchored to the apron to withstand local design load requirements.
There will be no requirement for a fire suppression system, alarm system, emergency lighting system or any
explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric
membrane structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated
Lists (NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O&M) Manual
(NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB
Inspection/Acceptance: Destination/Destination
FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday, 19 June
2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award status prior to this
date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January
2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation
FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management
FAR 52.232-39 Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation
FAR 52.243-1 Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies
FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)
FAR 52.249-8 Default (Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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 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):
http://farsite.hill.af.mil/vmfara.htm
http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.204-7002 Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil)
AFFARS 5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations
acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of
the corporation and made a determination that this action is not necessary to protect the interests of the
Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;
and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal
law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the
solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for reasonableness
and balance as discussed in the following paragraphs (i) and (ii). Offerors are advised to review all data items
and ensure that they are proposing to the specific data requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a determination of
reasonableness. Price analysis techniques may be used to validate price reasonableness. If adequate price
competition is not obtained and/or if price reasonableness cannot be determined using price analysis of
Government obtained information, additional information may be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more contract line
items is significantly overstated or understated as indicated by the application of proposal analysis techniques.
The Government will analyze the proposed prices to determine whether there are unbalanced separately priced
line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related
to price and quantity changes within each offeror's response to the pricing structure in the Schedule. Offerors
are cautioned against submitting an offer that contains unbalanced pricing; offers that are determined to be
unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. The Government may determine that an offer is unacceptable if the
option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise
the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror
within the time for acceptance specified in the offer, shall result in a binding contract without further action by
either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received
before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located
at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns
or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises
control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of
employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise
made or processed from raw materials into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan
Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not
have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by
one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern
under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000
after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs
of the predecessor under a new name (often through acquisition or merger). The term "successor" does not
include new offices/divisions of the same company or a company that only changes its name. The extent of the
responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and
specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned
by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women;
or in the case of any publicly owned business, at least 51 percent of 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 SAM
website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM
website accessed through https://www.acquisition.gov. After reviewing the SAM database information,
the offeror verifies by submission of this offer that the 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 are incorporated in this offer by reference (see FAR 4.1201),
except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it
[_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented
itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror
represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business
concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a
women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified
acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents
that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse
decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small
businesses that are participating in the joint venture: _________.] Each WOSB concern eligible
under the WOSB Program participating in the joint venture shall submit a separate signed copy
of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if
the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB
concern participating in the joint venture. [The offeror shall enter the name or names of the
EDWOSB concern and other small businesses that are participating in the joint venture:
_____________.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors
may identify the labor surplus areas in which costs to be incurred on account of manufacturing or
production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material changes in ownership and control, principal
office, or HUBZone employee percentage have occurred since it was certified in accordance with
13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall
enter the names of each of the HUBZone small business concerns participating in the HUBZone
joint venture: __________.] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,
Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is
a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of "domestic end product." The terms "commercially
available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign
end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-
Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause
at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian,
or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component,"
"domestic end product," "end product," "foreign end product," "Free Trade Agreement country,"
"Free Trade Agreement country end product," "Israeli end product," and "United States" are
defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli
Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free
Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the
taxpayer has failed to pay the tax liability when full payment was due and required. A
taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting requirements
of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue
Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out
of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may
be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and
does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror
does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with
the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps
or any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.)
(see OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply
if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has
more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2)
and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:_____________________________________________
Immediate owner legal name:______________________________________________
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity:
[ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate
owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:_____________________________________________
Highest level owner legal name:______________________________________________
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has
considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal
contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information
for all predecessors that held a Federal contract or grant within the last three years (if more than one
predecessor, list in reverse chronological order):
Predecessor CAGE code ______(or mark "Unknown).
Predecessor legal name: _________________________.
(Do not use a "doing business as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible
Web site the results of a greenhouse gas inventory, performed in accordance with an accounting
standard with publicly available and consistently applied criteria, such as the Greenhouse Gas
Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by
a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, thirdparty
greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the
Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:_____.
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions), Government agencies are not permitted to use
appropriated (or otherwise made available) funds for contracts with an entity that requires employees or
subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive
Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,
fraud, or abuse related to the performance of a Government contract to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information
(e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this
paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required
to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial
items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78
and E.O. 13627).
____ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of
receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest
with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide
Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management
at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an
"Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following
inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below
only to fill in applicable fields in WAWF when creating payment requests and receiving reports
in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment
request includes appropriate contract line item and subline item descriptions of the work
performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant
back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each
payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in
the "Send Additional Email Notifications" field of WAWF once a document is submitted in the
system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil
Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel
who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor
personnel are required to wear or prominently display installation identification badges or contractor-furnished,
contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the
following: contract number, location of work site, start and stop dates, and names of employees and
subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to
sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the
request and forward it to the issuing base pass and registration office or Security Forces for processing. When
reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's
license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification
for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no
longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor
shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management
citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime
contractor shall ensure that all base identification passes issued to employees and subcontractor employees are
returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES DATE
Exhibit A CDRL A001: Contractor's Standard Operating
Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3 30-APR-2018
Exhibit C CDRLs A003 - A006 2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2 16-MAY-2018
Attachment 1 Purchase Description 16 22-MAY-2018
Attachment 2 Appendix C 21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated
Attachment 5 Drawing - Layout of N-27 1 Undated
Update #6 ·
***For a formatted view of the information below, please see the "RFQ - F3QCCM8114A004" document in the attachments.***
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the
format in FAR subpart 12.6 as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a written
solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition
Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCM8114A004. This solicitation will be
solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase
Description dated 22 May 2018. This shall be a turn-key effort to include: design, fabrication,
materials, delivery and set-up of a stand-alone, pre-engineered modular structure. This shelter
shall be stressed or tensioned fabric and be complete with all accessories and adequately anchored
to the apron to withstand local design load requirements. There will be no requirement for a fire
suppression system, alarm system, emergency lighting system or any explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric membrane
structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated Lists
(NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O & M) Manual (NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB Inspection/Acceptance: Destination/Destination FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Tuesday, 3 July 2018, 1:00 pm EST.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January 2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contr ctor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations FAR
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013) FAR 52.212-4 Contract Terms and
Conditions - Commercial Items FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13
Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management FAR 52.232-39
Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.243-1
Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) FAR 52.249-8 Default
(Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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
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):
http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized
deviation is Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS 252.204-7002
Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS
252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS
252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS
252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil) AFFARS
5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless an agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal
violation under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as
follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible
offeror whose offer conforming to the solicitation will be most advantageous to the Government,
price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for
reasonableness and balance as discussed in the following paragraphs (i) and (ii). Offerors are
advised to review all data items and ensure that they are proposing to the specific data
requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a
determination of reasonableness. Price analysis techniques may be used to validate price
reasonableness. If adequate price competition is not obtained and/or if price reasonableness cannot
be determined using price analysis of Government obtained information, additional information may
be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more
contract line items is significantly overstated or understated as indicated by the application of
proposal analysis techniques. The Government will analyze the proposed prices to determine whether
there are unbalanced separately priced line items. Prices submitted will be compared and evaluated
to assure that a logical progression exists as related to price and quantity changes within each
offeror's response to the pricing structure in the Schedule. Offerors are cautioned against
submitting an offer that contains unbalanced pricing; offers that are determined to be unbalanced
may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for
all options to the total price for the basic requirement. The Government may determine that an
offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after
its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual
representations and certifications electronically, the Offeror shall complete only paragraphs (c)
through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can
be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or
that owns or controls one or more entities that control an immediate owner of the offeror. No
entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or
interlocking management, identity of interests among family members, shared facilities and
equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of
an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and
definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999,
except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or
otherwise made or processed from raw materials into the finished product that is to be provided to
the Government. If a product is disassembled and reassembled, the place of reassembly is not the
place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the
predecessor.
"Restricted business operations" means business operations in Sudan that include power production
activities, mineral extraction activities, oil-related activities, or the production of military
equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.
L. 110-174). Restricted business operations do not include business operations that the person (as
that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in
the Department of the Treasury, or are expressly exempted under Federal law from the requirement to
be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does
not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts,
and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this
solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business
concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying
out the affairs of the predecessor under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same company or a company that only
changes its name. The extent of the responsibility of the successor for the liabilities of the
predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more
women; or in the case of any publicly owned business, at least 51 percent of 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 SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the
SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database
information, the offeror verifies by submission of this offer that the 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
are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not
a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of
its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror
represented itself as a veteran-owned small business concern in paragraph (c)(2) of this
provision.] The offeror represents as part of its offer that it [_] is, [_] is not a
service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_]
is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_]
is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the
simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror
represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small businesses that
are participating in the joint venture: .] Each WOSB concern eligible under the WOSB
Program participating in the joint venture shall submit a separate signed copy of the WOSB
representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the
offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern
participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern and other small businesses that are participating in the joint venture:
.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50
percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its
offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material changes in ownership and control, principal office, or
HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part
126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter
the names of each of the HUBZone small business concerns participating in the HUBZone joint
venture: .] Each HUBZone small business concern participating in the HUBZone
joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered
components of unknown origin to have been mined, produced, or manufactured outside the United
States. The offeror shall list as foreign end products those end products manufactured in the
United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (2) of the definition of "domestic end product." The terms
"commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end
product," "foreign end product," and "United States" are defined in the clause of this solicitation
entitled "Buy American- Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the
clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in
this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or manufactured
outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product,"
"end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country
end product," "Israeli end product," and "United States" are defined in the clause of this
solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of
this provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains
unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or judicial
challenge. In the case of a judicial challenge to the liability, the liability is not finally
determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has
failed to pay the tax liability when full payment was due and required. A taxpayer is not
delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising
out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN). [_] TIN: . [_] TIN
has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and does
not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or
instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship; [_] Partnership;
[_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local); [_] Foreign government;
[_] International organization per 26 CFR 1.6049-4; [_] Other
.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent:
Name
TIN
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that
the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds
for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance
with the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions
relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as
provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see
OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not
apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to
be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror
has more than one immediate owner (such as a joint venture), then the Offeror shall respond to
paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint
venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following
information: Immediate owner CAGE code:
Immediate owner legal name:
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the
immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:
Highest level owner legal name:
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under
any Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless and agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16,
Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a
Federal contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following
information for all predecessors that held a Federal contract or grant within the last three years
(if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code (or mark "Unknown).
Predecessor legal name: . (Do not use a "doing business
as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations
that require offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received
less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web
site the results of a greenhouse gas inventory, performed in accordance with an accounting standard
with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol
Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a
specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-
party greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision,
respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas
emissions and/or reduction goals are reported: .
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent
appropriations acts (and as extended in continuing resolutions), Government agencies are not
permitted to use appropriated (or otherwise made available) funds for contracts with an entity that
requires employees or subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements
applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414
(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a
Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or subcontractors from lawfully
reporting waste, fraud, or abuse related to the performance of a Government contract to a
designated investigative or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the
simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --
Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or
partially terminated, the records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement. Records relating to appeals under the
disputes clause or to litigation or the settlement of claims arising under or relating to this
contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices,
and other data, regardless of type and regardless of form. This does not require the Contractor to
create or maintain any record that the Contractor does not maintain in the ordinary course of
business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not
required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract
for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as
required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in
all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required
in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity
(Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of
filing a protest with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business
systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used
instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance
location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only
to fill in applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC
Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code
Ship From Code Mark For Code
Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC
DCAA Auditor DoDAAC Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request
includes appropriate contract line item and subline item descriptions of the work performed or
supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up
documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment
request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the
"Send Additional Email Notifications" field of WAWF once a document is submitted in the system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all
contractor personnel who make frequent visits to or perform work on the Air Force installation(s)
cited in the contract. Contractor personnel are required to wear or prominently display
installation identification badges or contractor-furnished, contractor identification badges while
visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer
listing the following: contract number, location of work site, start and stop dates, and names of
employees and subcontractor employees needing access to the base. The letter will also specify the
individual(s) authorized to sign for a request for base identification credentials or vehicle
passes. The contracting officer will endorse the request and forward it to the issuing base pass
and registration office or Security Forces for processing. When reporting to the registration
office, the authorized contractor individual(s) should provide a valid driver's license, current
vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required
identification for newly assigned personnel and for prompt return of credentials and vehicle passes
for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the
contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security
Program Management citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the
prime contractor shall ensure that all base identification passes issued to employees and
subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES
DATE
Exhibit A CDRL A001: Contractor's Standard Operating Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3
30-APR-2018 Exhibit C CDRLs A003 - A006
2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2
16-MAY-2018
Attachment 1 Purchase Description 16
22-MAY-2018
Attachment 2 Appendix C
21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated Attachment 5
Drawing - Layout of N-27 1 Undated
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR
subpart 12.6 as supplemented with additional information included in this notice. This announcement
constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This
solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ)
No. F3QCCM8114A004. This solicitation will be solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A
REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase Description dated
22 May 2018. This shall be a turn-key effort to include: design, fabrication, materials, delivery and set-up of a
stand-alone, pre-engineered modular structure. This shelter shall be stressed or tensioned fabric and be
complete with all accessories and adequately anchored to the apron to withstand local design load requirements.
There will be no requirement for a fire suppression system, alarm system, emergency lighting system or any
explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric
membrane structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated
Lists (NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O & M) Manual
(NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB
Inspection/Acceptance: Destination/Destination
FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday, 19 June
2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award status prior to this
date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January
2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation
FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management
FAR 52.232-39 Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation
FAR 52.243-1 Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies
FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)
FAR 52.249-8 Default (Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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 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):
http://farsite.hill.af.mil/vmfara.htm
http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.204-7002 Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil)
AFFARS 5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations
acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of
the corporation and made a determination that this action is not necessary to protect the interests of the
Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;
and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal
law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the
solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for reasonableness
and balance as discussed in the following paragraphs (i) and (ii). Offerors are advised to review all data items
and ensure that they are proposing to the specific data requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a determination of
reasonableness. Price analysis techniques may be used to validate price reasonableness. If adequate price
competition is not obtained and/or if price reasonableness cannot be determined using price analysis of
Government obtained information, additional information may be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more contract line
items is significantly overstated or understated as indicated by the application of proposal analysis techniques.
The Government will analyze the proposed prices to determine whether there are unbalanced separately priced
line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related
to price and quantity changes within each offeror's response to the pricing structure in the Schedule. Offerors
are cautioned against submitting an offer that contains unbalanced pricing; offers that are determined to be
unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. The Government may determine that an offer is unacceptable if the
option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise
the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror
within the time for acceptance specified in the offer, shall result in a binding contract without further action by
either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received
before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located
at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns
or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises
control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of
employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise
made or processed from raw materials into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan
Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not
have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by
one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern
under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000
after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs
of the predecessor under a new name (often through acquisition or merger). The term "successor" does not
include new offices/divisions of the same company or a company that only changes its name. The extent of the
responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and
specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned
by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women;
or in the case of any publicly owned business, at least 51 percent of 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 SAM
website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM
website accessed through https://www.acquisition.gov. After reviewing the SAM database information,
the offeror verifies by submission of this offer that the 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 are incorporated in this offer by reference (see FAR 4.1201),
except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it
[_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented
itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror
represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business
concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a
women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified
acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents
that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse
decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small
businesses that are participating in the joint venture: _________.] Each WOSB concern eligible
under the WOSB Program participating in the joint venture shall submit a separate signed copy
of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if
the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB
concern participating in the joint venture. [The offeror shall enter the name or names of the
EDWOSB concern and other small businesses that are participating in the joint venture:
_____________.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors
may identify the labor surplus areas in which costs to be incurred on account of manufacturing or
production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material changes in ownership and control, principal
office, or HUBZone employee percentage have occurred since it was certified in accordance with
13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall
enter the names of each of the HUBZone small business concerns participating in the HUBZone
joint venture: __________.] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,
Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is
a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of "domestic end product." The terms "commercially
available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign
end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-
Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause
at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian,
or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component,"
"domestic end product," "end product," "foreign end product," "Free Trade Agreement country,"
"Free Trade Agreement country end product," "Israeli end product," and "United States" are
defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli
Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free
Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the
taxpayer has failed to pay the tax liability when full payment was due and required. A
taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting requirements
of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue
Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out
of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may
be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and
does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror
does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with
the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps
or any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.)
(see OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply
if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has
more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2)
and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:_____________________________________________
Immediate owner legal name:______________________________________________
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity:
[ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate
owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:_____________________________________________
Highest level owner legal name:______________________________________________
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has
considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal
contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information
for all predecessors that held a Federal contract or grant within the last three years (if more than one
predecessor, list in reverse chronological order):
Predecessor CAGE code ______(or mark "Unknown).
Predecessor legal name: _________________________.
(Do not use a "doing business as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible
Web site the results of a greenhouse gas inventory, performed in accordance with an accounting
standard with publicly available and consistently applied criteria, such as the Greenhouse Gas
Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by
a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, thirdparty
greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the
Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:_____.
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions), Government agencies are not permitted to use
appropriated (or otherwise made available) funds for contracts with an entity that requires employees or
subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive
Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,
fraud, or abuse related to the performance of a Government contract to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information
(e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this
paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required
to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial
items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78
and E.O. 13627).
____ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of
receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest
with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide
Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management
at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an
"Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following
inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below
only to fill in applicable fields in WAWF when creating payment requests and receiving reports
in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment
request includes appropriate contract line item and subline item descriptions of the work
performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant
back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each
payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in
the "Send Additional Email Notifications" field of WAWF once a document is submitted in the
system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil
Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel
who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor
personnel are required to wear or prominently display installation identification badges or contractor-furnished,
contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the
following: contract number, location of work site, start and stop dates, and names of employees and
subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to
sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the
request and forward it to the issuing base pass and registration office or Security Forces for processing. When
reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's
license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification
for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no
longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor
shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management
citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime
contractor shall ensure that all base identification passes issued to employees and subcontractor employees are
returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES DATE
Exhibit A CDRL A001: Contractor's Standard Operating
Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3 30-APR-2018
Exhibit C CDRLs A003 - A006 2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2 16-MAY-2018
Attachment 1 Purchase Description 16 22-MAY-2018
Attachment 2 Appendix C 21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated
Attachment 5 Drawing - Layout of N-27 1 Undated.
Update #5 ·
Added: Jun 05, 2018 10:09 am
Modified: Jun 19, 2018 8:47 amTrack Changes
***For a formatted view of the information below, please see the "RFQ - F3QCCM8114A004" document in the attachments.***
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the
format in FAR subpart 12.6 as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a written
solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition
Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCM8114A004. This solicitation will be
solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase
Description dated 22 May 2018. This shall be a turn-key effort to include: design, fabrication,
materials, delivery and set-up of a stand-alone, pre-engineered modular structure. This shelter
shall be stressed or tensioned fabric and be complete with all accessories and adequately anchored
to the apron to withstand local design load requirements. There will be no requirement for a fire
suppression system, alarm system, emergency lighting system or any explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric membrane
structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated Lists
(NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O&M) Manual (NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB Inspection/Acceptance: Destination/Destination FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Tuesday, 3 July 2018, 1:00 pm EST.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January 2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contr ctor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations FAR
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013) FAR 52.212-4 Contract Terms and
Conditions - Commercial Items FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13
Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management FAR 52.232-39
Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.243-1
Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) FAR 52.249-8 Default
(Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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
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):
http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized
deviation is Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS 252.204-7002
Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS
252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS
252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS
252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil) AFFARS
5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless an agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal
violation under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as
follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible
offeror whose offer conforming to the solicitation will be most advantageous to the Government,
price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for
reasonableness and balance as discussed in the following paragraphs (i) and (ii). Offerors are
advised to review all data items and ensure that they are proposing to the specific data
requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a
determination of reasonableness. Price analysis techniques may be used to validate price
reasonableness. If adequate price competition is not obtained and/or if price reasonableness cannot
be determined using price analysis of Government obtained information, additional information may
be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more
contract line items is significantly overstated or understated as indicated by the application of
proposal analysis techniques. The Government will analyze the proposed prices to determine whether
there are unbalanced separately priced line items. Prices submitted will be compared and evaluated
to assure that a logical progression exists as related to price and quantity changes within each
offeror's response to the pricing structure in the Schedule. Offerors are cautioned against
submitting an offer that contains unbalanced pricing; offers that are determined to be unbalanced
may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for
all options to the total price for the basic requirement. The Government may determine that an
offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after
its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual
representations and certifications electronically, the Offeror shall complete only paragraphs (c)
through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can
be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or
that owns or controls one or more entities that control an immediate owner of the offeror. No
entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or
interlocking management, identity of interests among family members, shared facilities and
equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of
an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and
definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999,
except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or
otherwise made or processed from raw materials into the finished product that is to be provided to
the Government. If a product is disassembled and reassembled, the place of reassembly is not the
place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the
predecessor.
"Restricted business operations" means business operations in Sudan that include power production
activities, mineral extraction activities, oil-related activities, or the production of military
equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.
L. 110-174). Restricted business operations do not include business operations that the person (as
that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in
the Department of the Treasury, or are expressly exempted under Federal law from the requirement to
be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does
not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts,
and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this
solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business
concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying
out the affairs of the predecessor under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same company or a company that only
changes its name. The extent of the responsibility of the successor for the liabilities of the
predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more
women; or in the case of any publicly owned business, at least 51 percent of 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 SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the
SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database
information, the offeror verifies by submission of this offer that the 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
are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not
a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of
its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror
represented itself as a veteran-owned small business concern in paragraph (c)(2) of this
provision.] The offeror represents as part of its offer that it [_] is, [_] is not a
service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_]
is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_]
is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the
simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror
represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small businesses that
are participating in the joint venture: .] Each WOSB concern eligible under the WOSB
Program participating in the joint venture shall submit a separate signed copy of the WOSB
representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the
offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern
participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern and other small businesses that are participating in the joint venture:
.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50
percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its
offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material changes in ownership and control, principal office, or
HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part
126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter
the names of each of the HUBZone small business concerns participating in the HUBZone joint
venture: .] Each HUBZone small business concern participating in the HUBZone
joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered
components of unknown origin to have been mined, produced, or manufactured outside the United
States. The offeror shall list as foreign end products those end products manufactured in the
United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (2) of the definition of "domestic end product." The terms
"commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end
product," "foreign end product," and "United States" are defined in the clause of this solicitation
entitled "Buy American- Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the
clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in
this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or manufactured
outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product,"
"end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country
end product," "Israeli end product," and "United States" are defined in the clause of this
solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of
this provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains
unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or judicial
challenge. In the case of a judicial challenge to the liability, the liability is not finally
determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has
failed to pay the tax liability when full payment was due and required. A taxpayer is not
delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising
out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN). [_] TIN: . [_] TIN
has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and does
not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or
instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship; [_] Partnership;
[_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local); [_] Foreign government;
[_] International organization per 26 CFR 1.6049-4; [_] Other
.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent:
Name
TIN
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that
the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds
for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance
with the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions
relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as
provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see
OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not
apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to
be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror
has more than one immediate owner (such as a joint venture), then the Offeror shall respond to
paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint
venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following
information: Immediate owner CAGE code:
Immediate owner legal name:
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the
immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:
Highest level owner legal name:
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under
any Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless and agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16,
Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a
Federal contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following
information for all predecessors that held a Federal contract or grant within the last three years
(if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code (or mark "Unknown).
Predecessor legal name: . (Do not use a "doing business
as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations
that require offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received
less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web
site the results of a greenhouse gas inventory, performed in accordance with an accounting standard
with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol
Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a
specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-
party greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision,
respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas
emissions and/or reduction goals are reported: .
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent
appropriations acts (and as extended in continuing resolutions), Government agencies are not
permitted to use appropriated (or otherwise made available) funds for contracts with an entity that
requires employees or subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements
applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414
(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a
Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or subcontractors from lawfully
reporting waste, fraud, or abuse related to the performance of a Government contract to a
designated investigative or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the
simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --
Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or
partially terminated, the records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement. Records relating to appeals under the
disputes clause or to litigation or the settlement of claims arising under or relating to this
contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices,
and other data, regardless of type and regardless of form. This does not require the Contractor to
create or maintain any record that the Contractor does not maintain in the ordinary course of
business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not
required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract
for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as
required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in
all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required
in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity
(Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of
filing a protest with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business
systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used
instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance
location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only
to fill in applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC
Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code
Ship From Code Mark For Code
Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC
DCAA Auditor DoDAAC Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request
includes appropriate contract line item and subline item descriptions of the work performed or
supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up
documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment
request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the
"Send Additional Email Notifications" field of WAWF once a document is submitted in the system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all
contractor personnel who make frequent visits to or perform work on the Air Force installation(s)
cited in the contract. Contractor personnel are required to wear or prominently display
installation identification badges or contractor-furnished, contractor identification badges while
visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer
listing the following: contract number, location of work site, start and stop dates, and names of
employees and subcontractor employees needing access to the base. The letter will also specify the
individual(s) authorized to sign for a request for base identification credentials or vehicle
passes. The contracting officer will endorse the request and forward it to the issuing base pass
and registration office or Security Forces for processing. When reporting to the registration
office, the authorized contractor individual(s) should provide a valid driver's license, current
vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required
identification for newly assigned personnel and for prompt return of credentials and vehicle passes
for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the
contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security
Program Management citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the
prime contractor shall ensure that all base identification passes issued to employees and
subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES
DATE
Exhibit A CDRL A001: Contractor's Standard Operating Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3
30-APR-2018 Exhibit C CDRLs A003 - A006
2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2
16-MAY-2018
Attachment 1 Purchase Description 16
22-MAY-2018
Attachment 2 Appendix C
21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated Attachment 5
Drawing - Layout of N-27 1 Undated
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR
subpart 12.6 as supplemented with additional information included in this notice. This announcement
constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This
solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ)
No. F3QCCM8114A004. This solicitation will be solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A
REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase Description dated
22 May 2018. This shall be a turn-key effort to include: design, fabrication, materials, delivery and set-up of a
stand-alone, pre-engineered modular structure. This shelter shall be stressed or tensioned fabric and be
complete with all accessories and adequately anchored to the apron to withstand local design load requirements.
There will be no requirement for a fire suppression system, alarm system, emergency lighting system or any
explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric
membrane structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated
Lists (NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O&M) Manual
(NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB
Inspection/Acceptance: Destination/Destination
FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday, 19 June
2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award status prior to this
date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January
2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation
FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management
FAR 52.232-39 Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation
FAR 52.243-1 Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies
FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)
FAR 52.249-8 Default (Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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 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):
http://farsite.hill.af.mil/vmfara.htm
http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.204-7002 Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil)
AFFARS 5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations
acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of
the corporation and made a determination that this action is not necessary to protect the interests of the
Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;
and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal
law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the
solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for reasonableness
and balance as discussed in the following paragraphs (i) and (ii). Offerors are advised to review all data items
and ensure that they are proposing to the specific data requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a determination of
reasonableness. Price analysis techniques may be used to validate price reasonableness. If adequate price
competition is not obtained and/or if price reasonableness cannot be determined using price analysis of
Government obtained information, additional information may be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more contract line
items is significantly overstated or understated as indicated by the application of proposal analysis techniques.
The Government will analyze the proposed prices to determine whether there are unbalanced separately priced
line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related
to price and quantity changes within each offeror's response to the pricing structure in the Schedule. Offerors
are cautioned against submitting an offer that contains unbalanced pricing; offers that are determined to be
unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. The Government may determine that an offer is unacceptable if the
option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise
the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror
within the time for acceptance specified in the offer, shall result in a binding contract without further action by
either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received
before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located
at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns
or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises
control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of
employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise
made or processed from raw materials into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan
Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not
have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by
one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern
under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000
after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs
of the predecessor under a new name (often through acquisition or merger). The term "successor" does not
include new offices/divisions of the same company or a company that only changes its name. The extent of the
responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and
specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned
by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women;
or in the case of any publicly owned business, at least 51 percent of 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 SAM
website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM
website accessed through https://www.acquisition.gov. After reviewing the SAM database information,
the offeror verifies by submission of this offer that the 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 are incorporated in this offer by reference (see FAR 4.1201),
except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it
[_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented
itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror
represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business
concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a
women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified
acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents
that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse
decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small
businesses that are participating in the joint venture: _________.] Each WOSB concern eligible
under the WOSB Program participating in the joint venture shall submit a separate signed copy
of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if
the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB
concern participating in the joint venture. [The offeror shall enter the name or names of the
EDWOSB concern and other small businesses that are participating in the joint venture:
_____________.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors
may identify the labor surplus areas in which costs to be incurred on account of manufacturing or
production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material changes in ownership and control, principal
office, or HUBZone employee percentage have occurred since it was certified in accordance with
13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall
enter the names of each of the HUBZone small business concerns participating in the HUBZone
joint venture: __________.] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,
Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is
a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of "domestic end product." The terms "commercially
available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign
end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-
Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause
at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian,
or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component,"
"domestic end product," "end product," "foreign end product," "Free Trade Agreement country,"
"Free Trade Agreement country end product," "Israeli end product," and "United States" are
defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli
Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free
Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the
taxpayer has failed to pay the tax liability when full payment was due and required. A
taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting requirements
of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue
Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out
of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may
be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and
does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror
does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with
the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps
or any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.)
(see OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply
if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has
more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2)
and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:_____________________________________________
Immediate owner legal name:______________________________________________
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity:
[ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate
owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:_____________________________________________
Highest level owner legal name:______________________________________________
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has
considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal
contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information
for all predecessors that held a Federal contract or grant within the last three years (if more than one
predecessor, list in reverse chronological order):
Predecessor CAGE code ______(or mark "Unknown).
Predecessor legal name: _________________________.
(Do not use a "doing business as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible
Web site the results of a greenhouse gas inventory, performed in accordance with an accounting
standard with publicly available and consistently applied criteria, such as the Greenhouse Gas
Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by
a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, thirdparty
greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the
Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:_____.
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions), Government agencies are not permitted to use
appropriated (or otherwise made available) funds for contracts with an entity that requires employees or
subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive
Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,
fraud, or abuse related to the performance of a Government contract to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information
(e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this
paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required
to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial
items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78
and E.O. 13627).
____ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of
receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest
with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide
Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management
at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an
"Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following
inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below
only to fill in applicable fields in WAWF when creating payment requests and receiving reports
in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment
request includes appropriate contract line item and subline item descriptions of the work
performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant
back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each
payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in
the "Send Additional Email Notifications" field of WAWF once a document is submitted in the
system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil
Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel
who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor
personnel are required to wear or prominently display installation identification badges or contractor-furnished,
contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the
following: contract number, location of work site, start and stop dates, and names of employees and
subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to
sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the
request and forward it to the issuing base pass and registration office or Security Forces for processing. When
reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's
license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification
for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no
longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor
shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management
citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime
contractor shall ensure that all base identification passes issued to employees and subcontractor employees are
returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES DATE
Exhibit A CDRL A001: Contractor's Standard Operating
Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3 30-APR-2018
Exhibit C CDRLs A003 - A006 2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2 16-MAY-2018
Attachment 1 Purchase Description 16 22-MAY-2018
Attachment 2 Appendix C 21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated
Attachment 5 Drawing - Layout of N-27 1 Undated
Update #4 ·
***For a formatted view of the information below, please see the "RFQ - F3QCCM8114A004" document in the attachments.***
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the
format in FAR subpart 12.6 as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a written
solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition
Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCM8114A004. This solicitation will be
solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase
Description dated 22 May 2018. This shall be a turn-key effort to include: design, fabrication,
materials, delivery and set-up of a stand-alone, pre-engineered modular structure. This shelter
shall be stressed or tensioned fabric and be complete with all accessories and adequately anchored
to the apron to withstand local design load requirements. There will be no requirement for a fire
suppression system, alarm system, emergency lighting system or any explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric membrane
structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated Lists
(NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O & M) Manual (NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB Inspection/Acceptance: Destination/Destination FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Tuesday,
19 June 2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award
status prior to this date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24
January 2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contr ctor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations FAR
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013) FAR 52.212-4 Contract Terms and
Conditions - Commercial Items FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13
Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management FAR 52.232-39
Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.243-1
Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) FAR 52.249-8 Default
(Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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
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):
http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized
deviation is Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS 252.204-7002
Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS
252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS
252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS
252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil) AFFARS
5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless an agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal
violation under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as
follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible
offeror whose offer conforming to the solicitation will be most advantageous to the Government,
price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for
reasonableness and balance as discussed in the following paragraphs (i) and (ii). Offerors are
advised to review all data items and ensure that they are proposing to the specific data
requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a
determination of reasonableness. Price analysis techniques may be used to validate price
reasonableness. If adequate price competition is not obtained and/or if price reasonableness cannot
be determined using price analysis of Government obtained information, additional information may
be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more
contract line items is significantly overstated or understated as indicated by the application of
proposal analysis techniques. The Government will analyze the proposed prices to determine whether
there are unbalanced separately priced line items. Prices submitted will be compared and evaluated
to assure that a logical progression exists as related to price and quantity changes within each
offeror's response to the pricing structure in the Schedule. Offerors are cautioned against
submitting an offer that contains unbalanced pricing; offers that are determined to be unbalanced
may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for
all options to the total price for the basic requirement. The Government may determine that an
offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after
its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual
representations and certifications electronically, the Offeror shall complete only paragraphs (c)
through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can
be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or
that owns or controls one or more entities that control an immediate owner of the offeror. No
entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or
interlocking management, identity of interests among family members, shared facilities and
equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of
an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and
definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999,
except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or
otherwise made or processed from raw materials into the finished product that is to be provided to
the Government. If a product is disassembled and reassembled, the place of reassembly is not the
place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the
predecessor.
"Restricted business operations" means business operations in Sudan that include power production
activities, mineral extraction activities, oil-related activities, or the production of military
equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.
L. 110-174). Restricted business operations do not include business operations that the person (as
that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in
the Department of the Treasury, or are expressly exempted under Federal law from the requirement to
be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does
not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts,
and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this
solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business
concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying
out the affairs of the predecessor under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same company or a company that only
changes its name. The extent of the responsibility of the successor for the liabilities of the
predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more
women; or in the case of any publicly owned business, at least 51 percent of 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 SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the
SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database
information, the offeror verifies by submission of this offer that the 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
are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not
a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of
its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror
represented itself as a veteran-owned small business concern in paragraph (c)(2) of this
provision.] The offeror represents as part of its offer that it [_] is, [_] is not a
service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_]
is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_]
is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the
simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror
represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small businesses that
are participating in the joint venture: .] Each WOSB concern eligible under the WOSB
Program participating in the joint venture shall submit a separate signed copy of the WOSB
representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the
offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern
participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern and other small businesses that are participating in the joint venture:
.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50
percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its
offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material changes in ownership and control, principal office, or
HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part
126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter
the names of each of the HUBZone small business concerns participating in the HUBZone joint
venture: .] Each HUBZone small business concern participating in the HUBZone
joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered
components of unknown origin to have been mined, produced, or manufactured outside the United
States. The offeror shall list as foreign end products those end products manufactured in the
United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (2) of the definition of "domestic end product." The terms
"commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end
product," "foreign end product," and "United States" are defined in the clause of this solicitation
entitled "Buy American- Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the
clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in
this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or manufactured
outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product,"
"end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country
end product," "Israeli end product," and "United States" are defined in the clause of this
solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of
this provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains
unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or judicial
challenge. In the case of a judicial challenge to the liability, the liability is not finally
determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has
failed to pay the tax liability when full payment was due and required. A taxpayer is not
delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising
out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN). [_] TIN: . [_] TIN
has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and does
not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or
instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship; [_] Partnership;
[_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local); [_] Foreign government;
[_] International organization per 26 CFR 1.6049-4; [_] Other
.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent:
Name
TIN
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that
the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds
for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance
with the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions
relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as
provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see
OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not
apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to
be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror
has more than one immediate owner (such as a joint venture), then the Offeror shall respond to
paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint
venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following
information: Immediate owner CAGE code:
Immediate owner legal name:
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the
immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:
Highest level owner legal name:
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under
any Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless and agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16,
Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a
Federal contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following
information for all predecessors that held a Federal contract or grant within the last three years
(if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code (or mark "Unknown).
Predecessor legal name: . (Do not use a "doing business
as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations
that require offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received
less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web
site the results of a greenhouse gas inventory, performed in accordance with an accounting standard
with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol
Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a
specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-
party greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision,
respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas
emissions and/or reduction goals are reported: .
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent
appropriations acts (and as extended in continuing resolutions), Government agencies are not
permitted to use appropriated (or otherwise made available) funds for contracts with an entity that
requires employees or subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements
applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414
(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a
Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or subcontractors from lawfully
reporting waste, fraud, or abuse related to the performance of a Government contract to a
designated investigative or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the
simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --
Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or
partially terminated, the records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement. Records relating to appeals under the
disputes clause or to litigation or the settlement of claims arising under or relating to this
contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices,
and other data, regardless of type and regardless of form. This does not require the Contractor to
create or maintain any record that the Contractor does not maintain in the ordinary course of
business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not
required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract
for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as
required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in
all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required
in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity
(Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of
filing a protest with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business
systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used
instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance
location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only
to fill in applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC
Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code
Ship From Code Mark For Code
Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC
DCAA Auditor DoDAAC Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request
includes appropriate contract line item and subline item descriptions of the work performed or
supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up
documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment
request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the
"Send Additional Email Notifications" field of WAWF once a document is submitted in the system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all
contractor personnel who make frequent visits to or perform work on the Air Force installation(s)
cited in the contract. Contractor personnel are required to wear or prominently display
installation identification badges or contractor-furnished, contractor identification badges while
visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer
listing the following: contract number, location of work site, start and stop dates, and names of
employees and subcontractor employees needing access to the base. The letter will also specify the
individual(s) authorized to sign for a request for base identification credentials or vehicle
passes. The contracting officer will endorse the request and forward it to the issuing base pass
and registration office or Security Forces for processing. When reporting to the registration
office, the authorized contractor individual(s) should provide a valid driver's license, current
vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required
identification for newly assigned personnel and for prompt return of credentials and vehicle passes
for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the
contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security
Program Management citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the
prime contractor shall ensure that all base identification passes issued to employees and
subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES
DATE
Exhibit A CDRL A001: Contractor's Standard Operating Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3
30-APR-2018 Exhibit C CDRLs A003 - A006
2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2
16-MAY-2018
Attachment 1 Purchase Description 16
22-MAY-2018
Attachment 2 Appendix C
21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated Attachment 5
Drawing - Layout of N-27 1 Undated
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR
subpart 12.6 as supplemented with additional information included in this notice. This announcement
constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This
solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ)
No. F3QCCM8114A004. This solicitation will be solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A
REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase Description dated
22 May 2018. This shall be a turn-key effort to include: design, fabrication, materials, delivery and set-up of a
stand-alone, pre-engineered modular structure. This shelter shall be stressed or tensioned fabric and be
complete with all accessories and adequately anchored to the apron to withstand local design load requirements.
There will be no requirement for a fire suppression system, alarm system, emergency lighting system or any
explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric
membrane structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated
Lists (NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O & M) Manual
(NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB
Inspection/Acceptance: Destination/Destination
FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday, 19 June
2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award status prior to this
date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January
2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation
FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management
FAR 52.232-39 Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation
FAR 52.243-1 Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies
FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)
FAR 52.249-8 Default (Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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 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):
http://farsite.hill.af.mil/vmfara.htm
http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.204-7002 Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil)
AFFARS 5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations
acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of
the corporation and made a determination that this action is not necessary to protect the interests of the
Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;
and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal
law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the
solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for reasonableness
and balance as discussed in the following paragraphs (i) and (ii). Offerors are advised to review all data items
and ensure that they are proposing to the specific data requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a determination of
reasonableness. Price analysis techniques may be used to validate price reasonableness. If adequate price
competition is not obtained and/or if price reasonableness cannot be determined using price analysis of
Government obtained information, additional information may be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more contract line
items is significantly overstated or understated as indicated by the application of proposal analysis techniques.
The Government will analyze the proposed prices to determine whether there are unbalanced separately priced
line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related
to price and quantity changes within each offeror's response to the pricing structure in the Schedule. Offerors
are cautioned against submitting an offer that contains unbalanced pricing; offers that are determined to be
unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. The Government may determine that an offer is unacceptable if the
option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise
the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror
within the time for acceptance specified in the offer, shall result in a binding contract without further action by
either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received
before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located
at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns
or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises
control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of
employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise
made or processed from raw materials into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan
Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not
have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by
one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern
under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000
after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs
of the predecessor under a new name (often through acquisition or merger). The term "successor" does not
include new offices/divisions of the same company or a company that only changes its name. The extent of the
responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and
specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned
by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women;
or in the case of any publicly owned business, at least 51 percent of 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 SAM
website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM
website accessed through https://www.acquisition.gov. After reviewing the SAM database information,
the offeror verifies by submission of this offer that the 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 are incorporated in this offer by reference (see FAR 4.1201),
except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it
[_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented
itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror
represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business
concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a
women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified
acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents
that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse
decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small
businesses that are participating in the joint venture: _________.] Each WOSB concern eligible
under the WOSB Program participating in the joint venture shall submit a separate signed copy
of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if
the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB
concern participating in the joint venture. [The offeror shall enter the name or names of the
EDWOSB concern and other small businesses that are participating in the joint venture:
_____________.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors
may identify the labor surplus areas in which costs to be incurred on account of manufacturing or
production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material changes in ownership and control, principal
office, or HUBZone employee percentage have occurred since it was certified in accordance with
13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall
enter the names of each of the HUBZone small business concerns participating in the HUBZone
joint venture: __________.] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,
Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is
a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of "domestic end product." The terms "commercially
available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign
end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-
Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause
at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian,
or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component,"
"domestic end product," "end product," "foreign end product," "Free Trade Agreement country,"
"Free Trade Agreement country end product," "Israeli end product," and "United States" are
defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli
Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free
Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the
taxpayer has failed to pay the tax liability when full payment was due and required. A
taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting requirements
of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue
Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out
of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may
be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and
does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror
does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with
the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps
or any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.)
(see OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply
if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has
more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2)
and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:_____________________________________________
Immediate owner legal name:______________________________________________
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity:
[ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate
owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:_____________________________________________
Highest level owner legal name:______________________________________________
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has
considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal
contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information
for all predecessors that held a Federal contract or grant within the last three years (if more than one
predecessor, list in reverse chronological order):
Predecessor CAGE code ______(or mark "Unknown).
Predecessor legal name: _________________________.
(Do not use a "doing business as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible
Web site the results of a greenhouse gas inventory, performed in accordance with an accounting
standard with publicly available and consistently applied criteria, such as the Greenhouse Gas
Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by
a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, thirdparty
greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the
Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:_____.
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions), Government agencies are not permitted to use
appropriated (or otherwise made available) funds for contracts with an entity that requires employees or
subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive
Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,
fraud, or abuse related to the performance of a Government contract to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information
(e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this
paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required
to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial
items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78
and E.O. 13627).
____ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of
receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest
with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide
Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management
at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an
"Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following
inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below
only to fill in applicable fields in WAWF when creating payment requests and receiving reports
in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment
request includes appropriate contract line item and subline item descriptions of the work
performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant
back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each
payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in
the "Send Additional Email Notifications" field of WAWF once a document is submitted in the
system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil
Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel
who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor
personnel are required to wear or prominently display installation identification badges or contractor-furnished,
contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the
following: contract number, location of work site, start and stop dates, and names of employees and
subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to
sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the
request and forward it to the issuing base pass and registration office or Security Forces for processing. When
reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's
license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification
for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no
longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor
shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management
citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime
contractor shall ensure that all base identification passes issued to employees and subcontractor employees are
returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES DATE
Exhibit A CDRL A001: Contractor's Standard Operating
Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3 30-APR-2018
Exhibit C CDRLs A003 - A006 2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2 16-MAY-2018
Attachment 1 Purchase Description 16 22-MAY-2018
Attachment 2 Appendix C 21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated
Attachment 5 Drawing - Layout of N-27 1 Undated.
Update #3 ·
Added: Jun 05, 2018 10:09 am
Modified: Jun 11, 2018 2:18 pmTrack Changes
***For a formatted view of the information below, please see the "RFQ - F3QCCM8114A004" document in the attachments.***
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the
format in FAR subpart 12.6 as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a written
solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition
Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCM8114A004. This solicitation will be
solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase
Description dated 22 May 2018. This shall be a turn-key effort to include: design, fabrication,
materials, delivery and set-up of a stand-alone, pre-engineered modular structure. This shelter
shall be stressed or tensioned fabric and be complete with all accessories and adequately anchored
to the apron to withstand local design load requirements. There will be no requirement for a fire
suppression system, alarm system, emergency lighting system or any explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric membrane
structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated Lists
(NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O&M) Manual (NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB Inspection/Acceptance: Destination/Destination FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Tuesday,
19 June 2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award
status prior to this date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24
January 2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contr ctor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations FAR
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013) FAR 52.212-4 Contract Terms and
Conditions - Commercial Items FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13
Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management FAR 52.232-39
Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.243-1
Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) FAR 52.249-8 Default
(Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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
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):
http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized
deviation is Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS 252.204-7002
Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS
252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS
252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS
252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil) AFFARS
5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless an agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal
violation under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as
follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible
offeror whose offer conforming to the solicitation will be most advantageous to the Government,
price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for
reasonableness and balance as discussed in the following paragraphs (i) and (ii). Offerors are
advised to review all data items and ensure that they are proposing to the specific data
requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a
determination of reasonableness. Price analysis techniques may be used to validate price
reasonableness. If adequate price competition is not obtained and/or if price reasonableness cannot
be determined using price analysis of Government obtained information, additional information may
be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more
contract line items is significantly overstated or understated as indicated by the application of
proposal analysis techniques. The Government will analyze the proposed prices to determine whether
there are unbalanced separately priced line items. Prices submitted will be compared and evaluated
to assure that a logical progression exists as related to price and quantity changes within each
offeror's response to the pricing structure in the Schedule. Offerors are cautioned against
submitting an offer that contains unbalanced pricing; offers that are determined to be unbalanced
may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for
all options to the total price for the basic requirement. The Government may determine that an
offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after
its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual
representations and certifications electronically, the Offeror shall complete only paragraphs (c)
through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can
be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or
that owns or controls one or more entities that control an immediate owner of the offeror. No
entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or
interlocking management, identity of interests among family members, shared facilities and
equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of
an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and
definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999,
except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or
otherwise made or processed from raw materials into the finished product that is to be provided to
the Government. If a product is disassembled and reassembled, the place of reassembly is not the
place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the
predecessor.
"Restricted business operations" means business operations in Sudan that include power production
activities, mineral extraction activities, oil-related activities, or the production of military
equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.
L. 110-174). Restricted business operations do not include business operations that the person (as
that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in
the Department of the Treasury, or are expressly exempted under Federal law from the requirement to
be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does
not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts,
and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this
solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business
concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying
out the affairs of the predecessor under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same company or a company that only
changes its name. The extent of the responsibility of the successor for the liabilities of the
predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more
women; or in the case of any publicly owned business, at least 51 percent of 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 SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the
SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database
information, the offeror verifies by submission of this offer that the 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
are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not
a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of
its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror
represented itself as a veteran-owned small business concern in paragraph (c)(2) of this
provision.] The offeror represents as part of its offer that it [_] is, [_] is not a
service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_]
is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_]
is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the
simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror
represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small businesses that
are participating in the joint venture: .] Each WOSB concern eligible under the WOSB
Program participating in the joint venture shall submit a separate signed copy of the WOSB
representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the
offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern
participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern and other small businesses that are participating in the joint venture:
.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50
percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its
offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material changes in ownership and control, principal office, or
HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part
126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter
the names of each of the HUBZone small business concerns participating in the HUBZone joint
venture: .] Each HUBZone small business concern participating in the HUBZone
joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered
components of unknown origin to have been mined, produced, or manufactured outside the United
States. The offeror shall list as foreign end products those end products manufactured in the
United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (2) of the definition of "domestic end product." The terms
"commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end
product," "foreign end product," and "United States" are defined in the clause of this solicitation
entitled "Buy American- Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the
clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in
this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or manufactured
outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product,"
"end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country
end product," "Israeli end product," and "United States" are defined in the clause of this
solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of
this provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains
unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or judicial
challenge. In the case of a judicial challenge to the liability, the liability is not finally
determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has
failed to pay the tax liability when full payment was due and required. A taxpayer is not
delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising
out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN). [_] TIN: . [_] TIN
has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and does
not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or
instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship; [_] Partnership;
[_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local); [_] Foreign government;
[_] International organization per 26 CFR 1.6049-4; [_] Other
.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent:
Name
TIN
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that
the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds
for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance
with the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions
relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as
provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see
OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not
apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to
be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror
has more than one immediate owner (such as a joint venture), then the Offeror shall respond to
paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint
venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following
information: Immediate owner CAGE code:
Immediate owner legal name:
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the
immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:
Highest level owner legal name:
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under
any Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless and agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16,
Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a
Federal contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following
information for all predecessors that held a Federal contract or grant within the last three years
(if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code (or mark "Unknown).
Predecessor legal name: . (Do not use a "doing business
as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations
that require offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received
less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web
site the results of a greenhouse gas inventory, performed in accordance with an accounting standard
with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol
Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a
specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-
party greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision,
respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas
emissions and/or reduction goals are reported: .
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent
appropriations acts (and as extended in continuing resolutions), Government agencies are not
permitted to use appropriated (or otherwise made available) funds for contracts with an entity that
requires employees or subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements
applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414
(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a
Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or subcontractors from lawfully
reporting waste, fraud, or abuse related to the performance of a Government contract to a
designated investigative or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the
simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --
Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or
partially terminated, the records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement. Records relating to appeals under the
disputes clause or to litigation or the settlement of claims arising under or relating to this
contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices,
and other data, regardless of type and regardless of form. This does not require the Contractor to
create or maintain any record that the Contractor does not maintain in the ordinary course of
business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not
required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract
for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as
required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in
all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required
in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity
(Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of
filing a protest with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business
systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used
instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance
location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only
to fill in applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC
Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code
Ship From Code Mark For Code
Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC
DCAA Auditor DoDAAC Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request
includes appropriate contract line item and subline item descriptions of the work performed or
supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up
documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment
request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the
"Send Additional Email Notifications" field of WAWF once a document is submitted in the system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all
contractor personnel who make frequent visits to or perform work on the Air Force installation(s)
cited in the contract. Contractor personnel are required to wear or prominently display
installation identification badges or contractor-furnished, contractor identification badges while
visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer
listing the following: contract number, location of work site, start and stop dates, and names of
employees and subcontractor employees needing access to the base. The letter will also specify the
individual(s) authorized to sign for a request for base identification credentials or vehicle
passes. The contracting officer will endorse the request and forward it to the issuing base pass
and registration office or Security Forces for processing. When reporting to the registration
office, the authorized contractor individual(s) should provide a valid driver's license, current
vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required
identification for newly assigned personnel and for prompt return of credentials and vehicle passes
for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the
contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security
Program Management citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the
prime contractor shall ensure that all base identification passes issued to employees and
subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES
DATE
Exhibit A CDRL A001: Contractor's Standard Operating Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3
30-APR-2018 Exhibit C CDRLs A003 - A006
2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2
16-MAY-2018
Attachment 1 Purchase Description 16
22-MAY-2018
Attachment 2 Appendix C
21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated Attachment 5
Drawing - Layout of N-27 1 Undated
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR
subpart 12.6 as supplemented with additional information included in this notice. This announcement
constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This
solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ)
No. F3QCCM8114A004. This solicitation will be solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A
REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase Description dated
22 May 2018. This shall be a turn-key effort to include: design, fabrication, materials, delivery and set-up of a
stand-alone, pre-engineered modular structure. This shelter shall be stressed or tensioned fabric and be
complete with all accessories and adequately anchored to the apron to withstand local design load requirements.
There will be no requirement for a fire suppression system, alarm system, emergency lighting system or any
explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric
membrane structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated
Lists (NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O&M) Manual
(NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB
Inspection/Acceptance: Destination/Destination
FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday, 19 June
2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award status prior to this
date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January
2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation
FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management
FAR 52.232-39 Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation
FAR 52.243-1 Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies
FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)
FAR 52.249-8 Default (Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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 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):
http://farsite.hill.af.mil/vmfara.htm
http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.204-7002 Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil)
AFFARS 5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations
acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of
the corporation and made a determination that this action is not necessary to protect the interests of the
Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;
and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal
law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the
solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for reasonableness
and balance as discussed in the following paragraphs (i) and (ii). Offerors are advised to review all data items
and ensure that they are proposing to the specific data requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a determination of
reasonableness. Price analysis techniques may be used to validate price reasonableness. If adequate price
competition is not obtained and/or if price reasonableness cannot be determined using price analysis of
Government obtained information, additional information may be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more contract line
items is significantly overstated or understated as indicated by the application of proposal analysis techniques.
The Government will analyze the proposed prices to determine whether there are unbalanced separately priced
line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related
to price and quantity changes within each offeror's response to the pricing structure in the Schedule. Offerors
are cautioned against submitting an offer that contains unbalanced pricing; offers that are determined to be
unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. The Government may determine that an offer is unacceptable if the
option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise
the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror
within the time for acceptance specified in the offer, shall result in a binding contract without further action by
either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received
before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located
at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns
or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises
control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of
employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise
made or processed from raw materials into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan
Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not
have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by
one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern
under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000
after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs
of the predecessor under a new name (often through acquisition or merger). The term "successor" does not
include new offices/divisions of the same company or a company that only changes its name. The extent of the
responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and
specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned
by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women;
or in the case of any publicly owned business, at least 51 percent of 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 SAM
website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM
website accessed through https://www.acquisition.gov. After reviewing the SAM database information,
the offeror verifies by submission of this offer that the 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 are incorporated in this offer by reference (see FAR 4.1201),
except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it
[_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented
itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror
represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business
concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a
women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified
acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents
that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse
decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small
businesses that are participating in the joint venture: _________.] Each WOSB concern eligible
under the WOSB Program participating in the joint venture shall submit a separate signed copy
of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if
the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB
concern participating in the joint venture. [The offeror shall enter the name or names of the
EDWOSB concern and other small businesses that are participating in the joint venture:
_____________.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors
may identify the labor surplus areas in which costs to be incurred on account of manufacturing or
production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material changes in ownership and control, principal
office, or HUBZone employee percentage have occurred since it was certified in accordance with
13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall
enter the names of each of the HUBZone small business concerns participating in the HUBZone
joint venture: __________.] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,
Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is
a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of "domestic end product." The terms "commercially
available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign
end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-
Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause
at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian,
or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component,"
"domestic end product," "end product," "foreign end product," "Free Trade Agreement country,"
"Free Trade Agreement country end product," "Israeli end product," and "United States" are
defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli
Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free
Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the
taxpayer has failed to pay the tax liability when full payment was due and required. A
taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting requirements
of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue
Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out
of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may
be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and
does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror
does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with
the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps
or any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.)
(see OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply
if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has
more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2)
and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:_____________________________________________
Immediate owner legal name:______________________________________________
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity:
[ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate
owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:_____________________________________________
Highest level owner legal name:______________________________________________
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has
considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal
contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information
for all predecessors that held a Federal contract or grant within the last three years (if more than one
predecessor, list in reverse chronological order):
Predecessor CAGE code ______(or mark "Unknown).
Predecessor legal name: _________________________.
(Do not use a "doing business as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible
Web site the results of a greenhouse gas inventory, performed in accordance with an accounting
standard with publicly available and consistently applied criteria, such as the Greenhouse Gas
Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by
a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, thirdparty
greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the
Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:_____.
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions), Government agencies are not permitted to use
appropriated (or otherwise made available) funds for contracts with an entity that requires employees or
subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive
Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,
fraud, or abuse related to the performance of a Government contract to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information
(e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this
paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required
to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial
items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78
and E.O. 13627).
____ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of
receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest
with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide
Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management
at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an
"Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following
inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below
only to fill in applicable fields in WAWF when creating payment requests and receiving reports
in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment
request includes appropriate contract line item and subline item descriptions of the work
performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant
back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each
payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in
the "Send Additional Email Notifications" field of WAWF once a document is submitted in the
system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil
Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel
who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor
personnel are required to wear or prominently display installation identification badges or contractor-furnished,
contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the
following: contract number, location of work site, start and stop dates, and names of employees and
subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to
sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the
request and forward it to the issuing base pass and registration office or Security Forces for processing. When
reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's
license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification
for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no
longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor
shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management
citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime
contractor shall ensure that all base identification passes issued to employees and subcontractor employees are
returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES DATE
Exhibit A CDRL A001: Contractor's Standard Operating
Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3 30-APR-2018
Exhibit C CDRLs A003 - A006 2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2 16-MAY-2018
Attachment 1 Purchase Description 16 22-MAY-2018
Attachment 2 Appendix C 21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated
Attachment 5 Drawing - Layout of N-27 1 Undated
Update #2 ·
***For a formatted view of the information below, please see the "RFQ - F3QCCM8114A004" document in the attachments.***
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the
format in FAR subpart 12.6 as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a written
solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition
Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCM8114A004. This solicitation will be
solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase
Description dated 22 May 2018. This shall be a turn-key effort to include: design, fabrication,
materials, delivery and set-up of a stand-alone, pre-engineered modular structure. This shelter
shall be stressed or tensioned fabric and be complete with all accessories and adequately anchored
to the apron to withstand local design load requirements. There will be no requirement for a fire
suppression system, alarm system, emergency lighting system or any explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric membrane
structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated Lists
(NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O & M) Manual (NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB Inspection/Acceptance: Destination/Destination FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday,
19 June 2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award
status prior to this date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24
January 2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contr ctor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations FAR
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013) FAR 52.212-4 Contract Terms and
Conditions - Commercial Items FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13
Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management FAR 52.232-39
Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.243-1
Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) FAR 52.249-8 Default
(Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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
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):
http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized
deviation is Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS 252.204-7002
Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS
252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS
252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS
252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil) AFFARS
5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless an agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal
violation under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as
follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible
offeror whose offer conforming to the solicitation will be most advantageous to the Government,
price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for
reasonableness and balance as discussed in the following paragraphs (i) and (ii). Offerors are
advised to review all data items and ensure that they are proposing to the specific data
requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a
determination of reasonableness. Price analysis techniques may be used to validate price
reasonableness. If adequate price competition is not obtained and/or if price reasonableness cannot
be determined using price analysis of Government obtained information, additional information may
be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more
contract line items is significantly overstated or understated as indicated by the application of
proposal analysis techniques. The Government will analyze the proposed prices to determine whether
there are unbalanced separately priced line items. Prices submitted will be compared and evaluated
to assure that a logical progression exists as related to price and quantity changes within each
offeror's response to the pricing structure in the Schedule. Offerors are cautioned against
submitting an offer that contains unbalanced pricing; offers that are determined to be unbalanced
may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for
all options to the total price for the basic requirement. The Government may determine that an
offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after
its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual
representations and certifications electronically, the Offeror shall complete only paragraphs (c)
through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can
be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or
that owns or controls one or more entities that control an immediate owner of the offeror. No
entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or
interlocking management, identity of interests among family members, shared facilities and
equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of
an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and
definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999,
except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or
otherwise made or processed from raw materials into the finished product that is to be provided to
the Government. If a product is disassembled and reassembled, the place of reassembly is not the
place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the
predecessor.
"Restricted business operations" means business operations in Sudan that include power production
activities, mineral extraction activities, oil-related activities, or the production of military
equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.
L. 110-174). Restricted business operations do not include business operations that the person (as
that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in
the Department of the Treasury, or are expressly exempted under Federal law from the requirement to
be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does
not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts,
and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this
solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business
concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying
out the affairs of the predecessor under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same company or a company that only
changes its name. The extent of the responsibility of the successor for the liabilities of the
predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more
women; or in the case of any publicly owned business, at least 51 percent of 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 SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the
SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database
information, the offeror verifies by submission of this offer that the 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
are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not
a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of
its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror
represented itself as a veteran-owned small business concern in paragraph (c)(2) of this
provision.] The offeror represents as part of its offer that it [_] is, [_] is not a
service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_]
is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_]
is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the
simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror
represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small businesses that
are participating in the joint venture: .] Each WOSB concern eligible under the WOSB
Program participating in the joint venture shall submit a separate signed copy of the WOSB
representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the
offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern
participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern and other small businesses that are participating in the joint venture:
.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50
percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its
offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material changes in ownership and control, principal office, or
HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part
126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter
the names of each of the HUBZone small business concerns participating in the HUBZone joint
venture: .] Each HUBZone small business concern participating in the HUBZone
joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered
components of unknown origin to have been mined, produced, or manufactured outside the United
States. The offeror shall list as foreign end products those end products manufactured in the
United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (2) of the definition of "domestic end product." The terms
"commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end
product," "foreign end product," and "United States" are defined in the clause of this solicitation
entitled "Buy American- Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the
clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in
this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or manufactured
outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product,"
"end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country
end product," "Israeli end product," and "United States" are defined in the clause of this
solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of
this provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains
unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or judicial
challenge. In the case of a judicial challenge to the liability, the liability is not finally
determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has
failed to pay the tax liability when full payment was due and required. A taxpayer is not
delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising
out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN). [_] TIN: . [_] TIN
has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and does
not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or
instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship; [_] Partnership;
[_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local); [_] Foreign government;
[_] International organization per 26 CFR 1.6049-4; [_] Other
.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent:
Name
TIN
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that
the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds
for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance
with the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions
relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as
provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see
OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not
apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to
be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror
has more than one immediate owner (such as a joint venture), then the Offeror shall respond to
paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint
venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following
information: Immediate owner CAGE code:
Immediate owner legal name:
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the
immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:
Highest level owner legal name:
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under
any Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless and agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16,
Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a
Federal contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following
information for all predecessors that held a Federal contract or grant within the last three years
(if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code (or mark "Unknown).
Predecessor legal name: . (Do not use a "doing business
as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations
that require offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received
less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web
site the results of a greenhouse gas inventory, performed in accordance with an accounting standard
with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol
Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a
specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-
party greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision,
respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas
emissions and/or reduction goals are reported: .
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent
appropriations acts (and as extended in continuing resolutions), Government agencies are not
permitted to use appropriated (or otherwise made available) funds for contracts with an entity that
requires employees or subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements
applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414
(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a
Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or subcontractors from lawfully
reporting waste, fraud, or abuse related to the performance of a Government contract to a
designated investigative or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the
simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --
Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or
partially terminated, the records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement. Records relating to appeals under the
disputes clause or to litigation or the settlement of claims arising under or relating to this
contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices,
and other data, regardless of type and regardless of form. This does not require the Contractor to
create or maintain any record that the Contractor does not maintain in the ordinary course of
business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not
required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract
for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as
required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in
all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required
in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity
(Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of
filing a protest with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business
systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used
instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance
location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only
to fill in applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC
Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code
Ship From Code Mark For Code
Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC
DCAA Auditor DoDAAC Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request
includes appropriate contract line item and subline item descriptions of the work performed or
supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up
documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment
request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the
"Send Additional Email Notifications" field of WAWF once a document is submitted in the system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all
contractor personnel who make frequent visits to or perform work on the Air Force installation(s)
cited in the contract. Contractor personnel are required to wear or prominently display
installation identification badges or contractor-furnished, contractor identification badges while
visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer
listing the following: contract number, location of work site, start and stop dates, and names of
employees and subcontractor employees needing access to the base. The letter will also specify the
individual(s) authorized to sign for a request for base identification credentials or vehicle
passes. The contracting officer will endorse the request and forward it to the issuing base pass
and registration office or Security Forces for processing. When reporting to the registration
office, the authorized contractor individual(s) should provide a valid driver's license, current
vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required
identification for newly assigned personnel and for prompt return of credentials and vehicle passes
for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the
contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security
Program Management citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the
prime contractor shall ensure that all base identification passes issued to employees and
subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES
DATE
Exhibit A CDRL A001: Contractor's Standard Operating Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3
30-APR-2018 Exhibit C CDRLs A003 - A006
2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2
16-MAY-2018
Attachment 1 Purchase Description 16
22-MAY-2018
Attachment 2 Appendix C
21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated Attachment 5
Drawing - Layout of N-27 1 Undated
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR
subpart 12.6 as supplemented with additional information included in this notice. This announcement
constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This
solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ)
No. F3QCCM8114A004. This solicitation will be solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A
REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase Description dated
22 May 2018. This shall be a turn-key effort to include: design, fabrication, materials, delivery and set-up of a
stand-alone, pre-engineered modular structure. This shelter shall be stressed or tensioned fabric and be
complete with all accessories and adequately anchored to the apron to withstand local design load requirements.
There will be no requirement for a fire suppression system, alarm system, emergency lighting system or any
explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric
membrane structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated
Lists (NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O & M) Manual
(NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB
Inspection/Acceptance: Destination/Destination
FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday, 19 June
2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award status prior to this
date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January
2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation
FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management
FAR 52.232-39 Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation
FAR 52.243-1 Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies
FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)
FAR 52.249-8 Default (Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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 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):
http://farsite.hill.af.mil/vmfara.htm
http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.204-7002 Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil)
AFFARS 5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations
acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of
the corporation and made a determination that this action is not necessary to protect the interests of the
Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;
and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal
law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the
solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for reasonableness
and balance as discussed in the following paragraphs (i) and (ii). Offerors are advised to review all data items
and ensure that they are proposing to the specific data requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a determination of
reasonableness. Price analysis techniques may be used to validate price reasonableness. If adequate price
competition is not obtained and/or if price reasonableness cannot be determined using price analysis of
Government obtained information, additional information may be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more contract line
items is significantly overstated or understated as indicated by the application of proposal analysis techniques.
The Government will analyze the proposed prices to determine whether there are unbalanced separately priced
line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related
to price and quantity changes within each offeror's response to the pricing structure in the Schedule. Offerors
are cautioned against submitting an offer that contains unbalanced pricing; offers that are determined to be
unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. The Government may determine that an offer is unacceptable if the
option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise
the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror
within the time for acceptance specified in the offer, shall result in a binding contract without further action by
either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received
before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located
at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns
or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises
control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of
employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise
made or processed from raw materials into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan
Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not
have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by
one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern
under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000
after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs
of the predecessor under a new name (often through acquisition or merger). The term "successor" does not
include new offices/divisions of the same company or a company that only changes its name. The extent of the
responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and
specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned
by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women;
or in the case of any publicly owned business, at least 51 percent of 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 SAM
website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM
website accessed through https://www.acquisition.gov. After reviewing the SAM database information,
the offeror verifies by submission of this offer that the 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 are incorporated in this offer by reference (see FAR 4.1201),
except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it
[_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented
itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror
represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business
concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a
women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified
acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents
that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse
decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small
businesses that are participating in the joint venture: _________.] Each WOSB concern eligible
under the WOSB Program participating in the joint venture shall submit a separate signed copy
of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if
the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB
concern participating in the joint venture. [The offeror shall enter the name or names of the
EDWOSB concern and other small businesses that are participating in the joint venture:
_____________.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors
may identify the labor surplus areas in which costs to be incurred on account of manufacturing or
production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material changes in ownership and control, principal
office, or HUBZone employee percentage have occurred since it was certified in accordance with
13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall
enter the names of each of the HUBZone small business concerns participating in the HUBZone
joint venture: __________.] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,
Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is
a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of "domestic end product." The terms "commercially
available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign
end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-
Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause
at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian,
or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component,"
"domestic end product," "end product," "foreign end product," "Free Trade Agreement country,"
"Free Trade Agreement country end product," "Israeli end product," and "United States" are
defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli
Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free
Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the
taxpayer has failed to pay the tax liability when full payment was due and required. A
taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting requirements
of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue
Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out
of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may
be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and
does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror
does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with
the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps
or any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.)
(see OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply
if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has
more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2)
and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:_____________________________________________
Immediate owner legal name:______________________________________________
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity:
[ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate
owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:_____________________________________________
Highest level owner legal name:______________________________________________
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has
considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal
contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information
for all predecessors that held a Federal contract or grant within the last three years (if more than one
predecessor, list in reverse chronological order):
Predecessor CAGE code ______(or mark "Unknown).
Predecessor legal name: _________________________.
(Do not use a "doing business as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible
Web site the results of a greenhouse gas inventory, performed in accordance with an accounting
standard with publicly available and consistently applied criteria, such as the Greenhouse Gas
Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by
a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, thirdparty
greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the
Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:_____.
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions), Government agencies are not permitted to use
appropriated (or otherwise made available) funds for contracts with an entity that requires employees or
subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive
Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,
fraud, or abuse related to the performance of a Government contract to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information
(e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this
paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required
to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial
items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78
and E.O. 13627).
____ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of
receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest
with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide
Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management
at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an
"Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following
inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below
only to fill in applicable fields in WAWF when creating payment requests and receiving reports
in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment
request includes appropriate contract line item and subline item descriptions of the work
performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant
back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each
payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in
the "Send Additional Email Notifications" field of WAWF once a document is submitted in the
system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil
Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel
who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor
personnel are required to wear or prominently display installation identification badges or contractor-furnished,
contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the
following: contract number, location of work site, start and stop dates, and names of employees and
subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to
sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the
request and forward it to the issuing base pass and registration office or Security Forces for processing. When
reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's
license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification
for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no
longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor
shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management
citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime
contractor shall ensure that all base identification passes issued to employees and subcontractor employees are
returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES DATE
Exhibit A CDRL A001: Contractor's Standard Operating
Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3 30-APR-2018
Exhibit C CDRLs A003 - A006 2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2 16-MAY-2018
Attachment 1 Purchase Description 16 22-MAY-2018
Attachment 2 Appendix C 21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated
Attachment 5 Drawing - Layout of N-27 1 Undated.
Update #1 ·
Added: Jun 05, 2018 10:09 am
***For a formatted view of the information below, please see the "RFQ - F3QCCM8114A004" document in the attachments.***
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the
format in FAR subpart 12.6 as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a written
solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition
Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCM8114A004. This solicitation will be
solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase
Description dated 22 May 2018. This shall be a turn-key effort to include: design, fabrication,
materials, delivery and set-up of a stand-alone, pre-engineered modular structure. This shelter
shall be stressed or tensioned fabric and be complete with all accessories and adequately anchored
to the apron to withstand local design load requirements. There will be no requirement for a fire
suppression system, alarm system, emergency lighting system or any explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric membrane
structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated Lists
(NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O&M) Manual (NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB Inspection/Acceptance: Destination/Destination FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday,
19 June 2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award
status prior to this date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24
January 2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contr ctor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations FAR
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013) FAR 52.212-4 Contract Terms and
Conditions - Commercial Items FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13
Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management FAR 52.232-39
Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.243-1
Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) FAR 52.249-8 Default
(Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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
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):
http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized
deviation is Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS 252.204-7002
Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS
252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS
252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS
252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil) AFFARS
5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless an agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal
violation under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as
follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible
offeror whose offer conforming to the solicitation will be most advantageous to the Government,
price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for
reasonableness and balance as discussed in the following paragraphs (i) and (ii). Offerors are
advised to review all data items and ensure that they are proposing to the specific data
requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a
determination of reasonableness. Price analysis techniques may be used to validate price
reasonableness. If adequate price competition is not obtained and/or if price reasonableness cannot
be determined using price analysis of Government obtained information, additional information may
be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more
contract line items is significantly overstated or understated as indicated by the application of
proposal analysis techniques. The Government will analyze the proposed prices to determine whether
there are unbalanced separately priced line items. Prices submitted will be compared and evaluated
to assure that a logical progression exists as related to price and quantity changes within each
offeror's response to the pricing structure in the Schedule. Offerors are cautioned against
submitting an offer that contains unbalanced pricing; offers that are determined to be unbalanced
may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for
all options to the total price for the basic requirement. The Government may determine that an
offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after
its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual
representations and certifications electronically, the Offeror shall complete only paragraphs (c)
through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can
be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or
that owns or controls one or more entities that control an immediate owner of the offeror. No
entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or
interlocking management, identity of interests among family members, shared facilities and
equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of
an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and
definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999,
except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or
otherwise made or processed from raw materials into the finished product that is to be provided to
the Government. If a product is disassembled and reassembled, the place of reassembly is not the
place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the
predecessor.
"Restricted business operations" means business operations in Sudan that include power production
activities, mineral extraction activities, oil-related activities, or the production of military
equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.
L. 110-174). Restricted business operations do not include business operations that the person (as
that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in
the Department of the Treasury, or are expressly exempted under Federal law from the requirement to
be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does
not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts,
and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this
solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business
concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying
out the affairs of the predecessor under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same company or a company that only
changes its name. The extent of the responsibility of the successor for the liabilities of the
predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more
women; or in the case of any publicly owned business, at least 51 percent of 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 SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the
SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database
information, the offeror verifies by submission of this offer that the 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
are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not
a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of
its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror
represented itself as a veteran-owned small business concern in paragraph (c)(2) of this
provision.] The offeror represents as part of its offer that it [_] is, [_] is not a
service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_]
is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_]
is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the
simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror
represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small businesses that
are participating in the joint venture: .] Each WOSB concern eligible under the WOSB
Program participating in the joint venture shall submit a separate signed copy of the WOSB
representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the
offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern
participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern and other small businesses that are participating in the joint venture:
.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50
percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its
offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material changes in ownership and control, principal office, or
HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part
126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter
the names of each of the HUBZone small business concerns participating in the HUBZone joint
venture: .] Each HUBZone small business concern participating in the HUBZone
joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered
components of unknown origin to have been mined, produced, or manufactured outside the United
States. The offeror shall list as foreign end products those end products manufactured in the
United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (2) of the definition of "domestic end product." The terms
"commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end
product," "foreign end product," and "United States" are defined in the clause of this solicitation
entitled "Buy American- Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the
clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in
this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or manufactured
outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product,"
"end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country
end product," "Israeli end product," and "United States" are defined in the clause of this
solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of
this provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains
unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or judicial
challenge. In the case of a judicial challenge to the liability, the liability is not finally
determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has
failed to pay the tax liability when full payment was due and required. A taxpayer is not
delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising
out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN). [_] TIN: . [_] TIN
has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and does
not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or
instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship; [_] Partnership;
[_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local); [_] Foreign government;
[_] International organization per 26 CFR 1.6049-4; [_] Other
.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent:
Name
TIN
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that
the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds
for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance
with the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions
relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as
provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see
OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not
apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to
be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror
has more than one immediate owner (such as a joint venture), then the Offeror shall respond to
paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint
venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following
information: Immediate owner CAGE code:
Immediate owner legal name:
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the
immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:
Highest level owner legal name:
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under
any Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax liability, unless and agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16,
Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a
Federal contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following
information for all predecessors that held a Federal contract or grant within the last three years
(if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code (or mark "Unknown).
Predecessor legal name: . (Do not use a "doing business
as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations
that require offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received
less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web
site the results of a greenhouse gas inventory, performed in accordance with an accounting standard
with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol
Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a
specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-
party greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision,
respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas
emissions and/or reduction goals are reported: .
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent
appropriations acts (and as extended in continuing resolutions), Government agencies are not
permitted to use appropriated (or otherwise made available) funds for contracts with an entity that
requires employees or subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements
applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414
(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a
Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or subcontractors from lawfully
reporting waste, fraud, or abuse related to the performance of a Government contract to a
designated investigative or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the
simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --
Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or
partially terminated, the records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement. Records relating to appeals under the
disputes clause or to litigation or the settlement of claims arising under or relating to this
contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices,
and other data, regardless of type and regardless of form. This does not require the Contractor to
create or maintain any record that the Contractor does not maintain in the ordinary course of
business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not
required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract
for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as
required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in
all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required
in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity
(Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of
filing a protest with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business
systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used
instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance
location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only
to fill in applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC
Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code
Ship From Code Mark For Code
Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC
DCAA Auditor DoDAAC Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request
includes appropriate contract line item and subline item descriptions of the work performed or
supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up
documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment
request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the
"Send Additional Email Notifications" field of WAWF once a document is submitted in the system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all
contractor personnel who make frequent visits to or perform work on the Air Force installation(s)
cited in the contract. Contractor personnel are required to wear or prominently display
installation identification badges or contractor-furnished, contractor identification badges while
visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer
listing the following: contract number, location of work site, start and stop dates, and names of
employees and subcontractor employees needing access to the base. The letter will also specify the
individual(s) authorized to sign for a request for base identification credentials or vehicle
passes. The contracting officer will endorse the request and forward it to the issuing base pass
and registration office or Security Forces for processing. When reporting to the registration
office, the authorized contractor individual(s) should provide a valid driver's license, current
vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required
identification for newly assigned personnel and for prompt return of credentials and vehicle passes
for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the
contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security
Program Management citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the
prime contractor shall ensure that all base identification passes issued to employees and
subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES
DATE
Exhibit A CDRL A001: Contractor's Standard Operating Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3
30-APR-2018 Exhibit C CDRLs A003 - A006
2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2
16-MAY-2018
Attachment 1 Purchase Description 16
22-MAY-2018
Attachment 2 Appendix C
21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated Attachment 5
Drawing - Layout of N-27 1 Undated
SOLICITATION F3QCCM8114A004 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR
subpart 12.6 as supplemented with additional information included in this notice. This announcement
constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This
solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ)
No. F3QCCM8114A004. This solicitation will be solicited under 100% small business set-aside.
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 332311
(b) No. of Employees: 750
(c) Dollars: N/A
REQUIREMENT:
The requirement is for the procurement of a C-17 Tension Fabric Shelter based on Purchase Description dated
22 May 2018. This shall be a turn-key effort to include: design, fabrication, materials, delivery and set-up of a
stand-alone, pre-engineered modular structure. This shelter shall be stressed or tensioned fabric and be
complete with all accessories and adequately anchored to the apron to withstand local design load requirements.
There will be no requirement for a fire suppression system, alarm system, emergency lighting system or any
explosion proof products.
CLIN 0001: One pre-engineered modular, standalone, portable-stressed or tension fabric
membrane structure for a C-17
CLIN 0002: Data CLIN for CDRL A001 - Contractor's Standard Operating Procedures (Not Separately
Priced (NSP))
CLIN 0003: Data CLIN for CDRL A002 - Accident/Incident Report (NSP)
CLIN 0004: Data CLIN for CDRL A003 - Developmental Design Drawings, Models and Associated
Lists (NSP)
CLIN 0005: Data CLIN for CDRL A004 - Letter of Grounding (NSP)
CLIN 0006: Data CLIN for CDRL A005 - Commercial Maintenance Inspection Manuals (NSP)
CLIN 0007: Data CLIN for CDRL A006 - Commercial Operations & Maintenance (O&M) Manual
(NSP)
CLIN 0008: Data CLIN for CDRL A007 - AISC Certification (NSP)
Delivery: 90 Days ARO (Delivery will be converted to a firm calendar date at time of award.)
Place of Performance: Robins AFB
Inspection/Acceptance: Destination/Destination
FOB: Destination
In addition, quote should include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Quentin Harris (quentin.harris.2@us.af.mil) no later than Friday, 19 June
2018, 1:00 pm EST. The anticipated award date is 27 June 2018. Please do not request award status prior to this
date.
The following clauses are applicable to subject solicitation (current through FAC 2005-97 dated 24 January
2018 and DFARS Change Notice DPN 20180514 dated 20 April 2018):
FAR 52.202-1 Definitions
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of
Whistleblower Rights
FAR 52.204-7 System for Award Management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors (DEVIATION 2018-O0013)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.219-6 Notice of Total Small Business Set-Aside
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran--Representations and Certifications
FAR 52.228-5 Insurance --Work on a Government Installation
FAR 52.232-1 Payments
FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management
FAR 52.232-39 Unenforceability of Unauthorized Obligations
FAR 52.233-1 Disputes
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation
FAR 52.243-1 Changes--Fixed Price
FAR 52.246-16 Responsibility for Supplies
FAR 52.247-34 FOB Destination
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)
FAR 52.249-8 Default (Fixed-Price Supply and Service)
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
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 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):
http://farsite.hill.af.mil/vmfara.htm
http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (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 regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.204-7002 Payment For Subline Items Not Separately Priced
DFARS 252.204-7004 Alternate A, System for Award Management.
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.211-7003 Item Unique Identification and Valuation
DFARS 252.211-7008 Use of Government-Assigned Serial
DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.225-7012 Preference for Certain Domestic Commodities
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.243-7002 Requests for Equitable Adjustment
AFFARS 5352.201-9101 Ombudsman - Ms. Michelle Ponsell (michelle.ponsell@us.af.mil)
AFFARS 5352.223-9001 Health and Safety on Government Installations
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations
acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of
the corporation and made a determination that this action is not necessary to protect the interests of the
Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;
and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal
law within the preceding 24 months.
(End of provision)
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer
conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
(i) Technical capability of the item offered to meet the Government requirement
Rating Definition
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the
solicitation.
(ii) Terms and conditions of the RFQ
(iii) Offers the lowest reasonable and balanced price
The Government will evaluate each offeror's proposed prices submitted in completed RFQ, for reasonableness
and balance as discussed in the following paragraphs (i) and (ii). Offerors are advised to review all data items
and ensure that they are proposing to the specific data requirements and level of effort involved.
(i) Reasonableness: The existence of adequate price competition is expected to support a determination of
reasonableness. Price analysis techniques may be used to validate price reasonableness. If adequate price
competition is not obtained and/or if price reasonableness cannot be determined using price analysis of
Government obtained information, additional information may be required to support the proposed price.
(ii) Balance: Unbalanced pricing exists when, despite an acceptable price, the price of one or more contract line
items is significantly overstated or understated as indicated by the application of proposal analysis techniques.
The Government will analyze the proposed prices to determine whether there are unbalanced separately priced
line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related
to price and quantity changes within each offeror's response to the pricing structure in the Schedule. Offerors
are cautioned against submitting an offer that contains unbalanced pricing; offers that are determined to be
unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. The Government may determine that an offer is unacceptable if the
option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise
the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror
within the time for acceptance specified in the offer, shall result in a binding contract without further action by
either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received
before award.
(End of Provision)
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)
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 located
at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (u) 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-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns
or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises
control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of
employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise
made or processed from raw materials into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan
Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not
have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by
one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern
under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000
after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs
of the predecessor under a new name (often through acquisition or merger). The term "successor" does not
include new offices/divisions of the same company or a company that only changes its name. The extent of the
responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and
specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned
by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women;
or in the case of any publicly owned business, at least 51 percent of 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 SAM
website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM
website accessed through https://www.acquisition.gov. After reviewing the SAM database information,
the offeror verifies by submission of this offer that the 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 are incorporated in this offer by reference (see FAR 4.1201),
except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) 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.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it
[_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented
itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror
represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business
concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a
women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified
acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents
that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse
decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small
businesses that are participating in the joint venture: _________.] Each WOSB concern eligible
under the WOSB Program participating in the joint venture shall submit a separate signed copy
of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if
the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB
concern participating in the joint venture. [The offeror shall enter the name or names of the
EDWOSB concern and other small businesses that are participating in the joint venture:
_____________.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors
may identify the labor surplus areas in which costs to be incurred on account of manufacturing or
production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material changes in ownership and control, principal
office, or HUBZone employee percentage have occurred since it was certified in accordance with
13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall
enter the names of each of the HUBZone small business concerns participating in the HUBZone
joint venture: __________.] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,
Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is
a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of "domestic end product." The terms "commercially
available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign
end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-
Supplies."
(2) Foreign End Products:
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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause
at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian,
or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component,"
"domestic end product," "end product," "foreign end product," "Free Trade Agreement country,"
"Free Trade Agreement country end product," "Israeli end product," and "United States" are
defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli
Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free
Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
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:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products
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
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the
taxpayer has failed to pay the tax liability when full payment was due and required. A
taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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
Listed End Product: Listed Countries of Origin:
(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.
(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.)
(1) [X_] 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-
(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
(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.
(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.)
(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. 7701(c) and 3325(d), reporting requirements
of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue
Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out
of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may
be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and
does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror
does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with
the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps
or any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.)
(see OFAC's Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply
if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has
more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2)
and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:_____________________________________________
Immediate owner legal name:______________________________________________
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity:
[ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate
owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:_____________________________________________
Highest level owner legal name:______________________________________________
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has
considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal
contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information
for all predecessors that held a Federal contract or grant within the last three years (if more than one
predecessor, list in reverse chronological order):
Predecessor CAGE code ______(or mark "Unknown).
Predecessor legal name: _________________________.
(Do not use a "doing business as" name).
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible
Web site the results of a greenhouse gas inventory, performed in accordance with an accounting
standard with publicly available and consistently applied criteria, such as the Greenhouse Gas
Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by
a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, thirdparty
greenhouse gas emissions reporting program.
(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the
Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:_____.
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions), Government agencies are not permitted to use
appropriated (or otherwise made available) funds for contracts with an entity that requires employees or
subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive
Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,
fraud, or abuse related to the performance of a Government contract to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information
(e.g., agency Office of the Inspector General).
(End of Provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this
paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required
to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial
items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78
and E.O. 13627).
____ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.225-18 - PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause-
"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.
"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.
(b) 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.
(End of provision)
52.233-2 - SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of
receipt from issuing office of solicitation.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest
with the GAO.
(End of Provision)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide
Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management
at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for
self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an
"Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following
inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
F3QCCM
(3) Document routing. The Contractor shall use the information in the Routing Data Table below
only to fill in applicable fields in WAWF when creating payment requests and receiving reports
in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment
request includes appropriate contract line item and subline item descriptions of the work
performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant
back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each
payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in
the "Send Additional Email Notifications" field of WAWF once a document is submitted in the
system.
quentin.harris.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
Primary: sonny.aquino@us.af.mil
Alternate: joyce.mock@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel
who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor
personnel are required to wear or prominently display installation identification badges or contractor-furnished,
contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the
following: contract number, location of work site, start and stop dates, and names of employees and
subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to
sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the
request and forward it to the issuing base pass and registration office or Security Forces for processing. When
reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's
license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification
for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no
longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor
shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management
citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime
contractor shall ensure that all base identification passes issued to employees and subcontractor employees are
returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Exhibit/Attachment Table of Contents:
DOCUMENT DESCRIPTION PAGES DATE
Exhibit A CDRL A001: Contractor's Standard Operating
Procedures
3 30-APR-2018
Exhibit B CDRL A002: Accident/Incident Report 3 30-APR-2018
Exhibit C CDRLs A003 - A006 2 16-MAY-2018
Exhibit D CDRL A007: AISC Certification 2 16-MAY-2018
Attachment 1 Purchase Description 16 22-MAY-2018
Attachment 2 Appendix C 21 22-MAR-2018
Attachment 3 Drawing - C-17 Dimensions 1 Undated
Attachment 4 Drawing - N-27 C-17 Shelter Hanger Frame 1 Undated
Attachment 5 Drawing - Layout of N-27 1 Undated
Attachments
| File | Type | Posted |
|---|---|---|
| CDRL_A002.pdf | ||
| Appendix_C_-_Industrial_Safety_and_Health_Requirements.pdf | ||
| CDRLs_A007_-_A009.pdf | ||
| CDRLs_A003_-_A006.pdf | ||
| Appendix_E_-_AF_2586_Unescorted_Entry_Authorization_Certificate.pdf | ||
| CDRL_A001.pdf | ||
| PD.pdf | ||
| Appendix_A_-_Concept_Floor_Plan.pdf | ||
| Appendix_D_-_RAFB_Access_Affidavit.pdf | ||
| Appendix_B_-_C-17_Aircraft_Dimensions.pdf | ||
| Appendix_F_-_Environmental_Requirements.pdf | ||
| RFQ_(Revised).pdf | ||
| RFQ_-_F3QCCM8114A004_(2nd_Revision).pdf | ||
| Appendix_C.pdf | ||
| PD.pdf | ||
| CDRL_A007_-_AISC_Certification.pdf | ||
| Drawing_-_C-17_Hanger_Frame_at_N-27.pdf | ||
| CDRLs_A003_-_A006.pdf | ||
| CDRL_A002_-_Accident_Incident_Report.pdf | ||
| CDRL_A001_-_Contractor's_SOP.pdf | ||
| RFQ_-_F3QCCM8114A004.pdf | ||
| Drawing_-_Layout_of_N-27.pdf | ||
| Drawing_-_C-17_Dimensions.pdf |
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