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Conversion of 2016 Ford Transit Van

Department of the Air Force, Air Force Materiel Command | Published November 30, 2017  -  Deadline December 15, 2017
cpvs

The Air Force Test Center, Logistics Readiness Squadron, Eglin AFB, Florida intends to solicit and award a firm-fixed price contract for a 2016 Ford Transit Cargo Van conversion, to be performed at Eglin AFB FL. This is a combined synopsis/solicitation for commercial items prepared under Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This announcement number is FA2823-18-Q-3001. The North American Industry Classification System (NAICS) code for this acquisition is 336360. This procurement is available for full and open competition. In accordance with FAR 13.106-1(a)(2) offerors are notified that the award will be made to the lowest priced offeror that meets the minimum technical requirements. Offeror will be evaluated in accordance with FAR 13.106-2(b). Offerors must submit quotations for all items listed.  Partial offers will not be considered for award. •1.      Requirement: See attachments Attachment A: Statement of Work (SOW)- Conversion of Ford Cargo Attachment B: Salient Characteristics Attachment C: Pricing Worksheet In accordance with, FAR 52.212-1(b)(4), offerors are reminded that as a minimum, offers must show a technical description of the items being offered insufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.  Quoted price should include FOB Destination. Requested delivery date is no later than 45 days ADC.The following provisions and clauses are incorporated in this notice and are those in effect through Federal Acquisition Circular 2005-96, Effective: 06 Nov 2017. The following provisions and clauses are applicable: CLAUSES INCORPORATED BY REFERENCE - FAR 52.204-7, System for Award Management- FAR 52.204-9, Personal Identity Verification of Contractor Personnel - FAR 52.212-1, Instructions to Offerors-Commercial Items - FAR 52.212-4, Contract Terms and Conditions--Commercial Items- FAR 52.222-62, Paid Sick Leave under Executive Order 13706- FAR 52.232-39, Unenforceability of Unauthorized Obligations- FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors- FAR 52.237-2, Protection of Government Buildings, Equipment and Vegetation- FAR 52.247-34, F.O.B. Destination- DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials- DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights- DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials- DFARS 252.204-7003, Control of Government Personnel Work Product- DFARS 252.204-7004 Alt A, System for Award Management Alternate A- DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls- DFARS 252.204-7011, Alternative Line Item Structure- DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting- DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors- DFARS 252.213-7000, Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations- DFARS 252.223-7008, Prohibition of Hexavalent Chromium- DFARS 252.225-7001, Buy American Act and Balance of Payment Program- DFARS 252.225-7002, Qualifying Country Sources as Subcontractors- DFARS 252.225-7048, Export Controlled Items- DFARS 252.232-7003, Electronic Submission of Payment Requests- DFARS 252.232-7010, Levies on Contract Payments- DFARS 252.232-7017, Notice of Supply Chain Risk- DFARS 252.239-7018, Supply Chain Risk- DFARS 252.243-7001, Pricing of Contract Modifications- DFARS 252.244-7000, Subcontract for Commercial Items- DFARS 252.247.7022, Representation of Extent of Transportation by Sea- DFARS 252.247-7023, Transportation of Supplies by Sea - AFFARS 5352.223-9001, Health and Safety on Government Installations- AFFARS 5352.242-9000, Contractor Access to Air Force Installations  CLAUSES INCORPORATED BY FULL TEXT  52.212-3     OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016) The Offeror shall complete only paragraph (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  https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.  (a) Definitions. As used in this provision --  "Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.  "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or  (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.  Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.  Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c)Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--   (1) PSC 5510, Lumber and Related Basic Wood Materials;    (2) Product or Service Group (PSG) 87, Agricultural Supplies;    (3) PSG 88, Live Animals;    (4) PSG 89, Subsistence;    (5) PSC 9410, Crude Grades of Plant Materials;    (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;    (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;    (8) PSC 9610, Ores;    (9) PSC 9620, Minerals, Natural and Synthetic; and    (10) PSC 9630, Additive Metal Materials.  Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.  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 stock of which 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 its stock is owned by one or more women; or  (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 electronically 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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs  ___  .  [Offeror to identify the applicable paragraphs at (c) through (r) 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 ORCA.]  (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.  (1) Small business concern. The offeror represents as part of its offer that it ( ___   ) is, ( ___   ) is not a small business concern.  (2) Veteran-owned small business concern. (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 to paragraphs (c)(8) and (9): 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) Certifications and representations required to implement provisions of Executive Order 11246--  (1) Previous Contracts and Compliance. The offeror represents that--  (i) It ( ___   ) has, ( ___   ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and  (ii) It ( ___    ) has, ( ___   ) has not, filed all required compliance reports.  (2) Affirmative Action Compliance. The offeror represents that-- (i) It ( ___   ) has developed and has on file, ( ___   ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It ( ___   ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.  (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.)

Portable Toilets Rental

Department of the Navy, Naval Sea Systems Command | Published November 30, 2017  -  Deadline December 7, 2017
cpvs

    (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)                              52.212-2     EVALUATION--COMMERCIAL ITEMS (OCT 2014)   The Government will conduct a lowest price technically acceptable source selection process using the policies and procedures of FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items.  This acquisition process will be used in the evaluation and award of the contract.     (a) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations:   •·   Technical Submission (Technical Capability Certifications Chart per Attachment 1) •·   Price   Award(s) will be made for the technically acceptable item or combination of technically acceptable items that result in the lowest aggregate price to the Government.   The quoted prices (including options and FAR 52.217-8 OPTION TO EXTEND SERVICES) of all technically acceptable items will be evaluated and the Contracting Officer shall assume, for the purpose f making multiple awards, that $500 would be the administrative cost to the Government for issuing and administering each contract award under this Request For Quotation.   Technical Acceptability:  Will be determined by reviewing the technical capability certifications chart (per Attachment 1) submitted for each item (or specification) to ensure that all of the technical requirements identified are met.  Technical acceptability will be defined as follows:   Technical Ratings  Rating Description Acceptable Quote meets all of the requirements identified. Unacceptable Quote does not meet all of the requirements identified.    Failure to meet any technical requirement for an item (or specification) will make the quotation unacceptable for that item (or that specification).   If an item (or specification) is technically unacceptable, its price will not be considered for award.   Price:    The estimated amount for each line item will be added together to determine the total estimated price which will become the evaluated price.   The estimated/evaluated price will include the option quantity of six (6) months under FAR Clause 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999).   The vendor's proposed price will be evaluated on the basis of price reasonableness.  All prices must be considered fair and reasonable as determined by the Government.  Price quote shall be held firm for sixty (60) days.                (End of provision)                     52.212-3     OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)   The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.   (a) Definitions. As used in this provision --   "Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.   "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or   (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.   Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.    Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.   Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).   Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--     (1) PSC 5510, Lumber and Related Basic Wood Materials;     (2) Product or Service Group (PSG) 87, Agricultural Supplies;     (3) PSG 88, Live Animals;     (4) PSG 89, Subsistence;     (5) PSC 9410, Crude Grades of Plant Materials;     (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;     (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;     (8) PSC 9610, Ores;     (9) PSC 9620, Minerals, Natural and Synthetic; and     (10) PSC 9630, Additive Metal Materials.   Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.   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 stock of which 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 its stock is owned by one or more women; or   (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 electronically 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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs  ___  .   [Offeror to identify the applicable paragraphs at (c) through (r) 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 ORCA.]   (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.   (1) Small business concern. The offeror represents as part of its offer that it ( ___   ) is, ( ___   ) is not a small business concern.   (2) Veteran-owned small business concern. (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 to paragraphs (c)(8) and (9): 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.

Portable Toilets Rental

Department of the Navy, Naval Sea Systems Command | Published November 30, 2017  -  Deadline December 4, 2017
cpvs

    (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)                              52.212-2     EVALUATION--COMMERCIAL ITEMS (OCT 2014)   The Government will conduct a lowest price technically acceptable source selection process using the policies and procedures of FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items.  This acquisition process will be used in the evaluation and award of the contract.     (a) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations:   •·   Technical Submission (Technical Capability Certifications Chart per Attachment 1) •·   Price   Award(s) will be made for the technically acceptable item or combination of technically acceptable items that result in the lowest aggregate price to the Government.   The quoted prices (including options and FAR 52.217-8 OPTION TO EXTEND SERVICES) of all technically acceptable items will be evaluated and the Contracting Officer shall assume, for the purpose f making multiple awards, that $500 would be the administrative cost to the Government for issuing and administering each contract award under this Request For Quotation.   Technical Acceptability:  Will be determined by reviewing the technical capability certifications chart (per Attachment 1) submitted for each item (or specification) to ensure that all of the technical requirements identified are met.  Technical acceptability will be defined as follows:   Technical Ratings  Rating Description Acceptable Quote meets all of the requirements identified. Unacceptable Quote does not meet all of the requirements identified.    Failure to meet any technical requirement for an item (or specification) will make the quotation unacceptable for that item (or that specification).   If an item (or specification) is technically unacceptable, its price will not be considered for award.   Price:    The estimated amount for each line item will be added together to determine the total estimated price which will become the evaluated price.   The estimated/evaluated price will include the option quantity of six (6) months under FAR Clause 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999).   The vendor's proposed price will be evaluated on the basis of price reasonableness.  All prices must be considered fair and reasonable as determined by the Government.  Price quote shall be held firm for sixty (60) days.               (End of provision)                     52.212-3     OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)   The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.   (a) Definitions. As used in this provision --   "Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.   "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or   (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.   Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.    Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.   Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).   Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--     (1) PSC 5510, Lumber and Related Basic Wood Materials;     (2) Product or Service Group (PSG) 87, Agricultural Supplies;     (3) PSG 88, Live Animals;     (4) PSG 89, Subsistence;     (5) PSC 9410, Crude Grades of Plant Materials;     (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;     (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;     (8) PSC 9610, Ores;     (9) PSC 9620, Minerals, Natural and Synthetic; and     (10) PSC 9630, Additive Metal Materials.   Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.   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 stock of which 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 its stock is owned by one or more women; or   (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 electronically 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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs  ___  .   [Offeror to identify the applicable paragraphs at (c) through (r) 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 ORCA.]   (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.   (1) Small business concern. The offeror represents as part of its offer that it ( ___   ) is, ( ___   ) is not a small business concern.   (2) Veteran-owned small business concern. (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 to paragraphs (c)(8) and (9): 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.

Corrosion Control - Paint Booth Maintenance

Department of the Air Force, Air Force Materiel Command | Published November 30, 2017  -  Deadline December 14, 2017
cpvs

Qty: 1 Lot CLIN 1005: FFP - 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 24 months; first change is May 2019. Period of Performance 01 January 2019 - 31 December 2019. Qty: 1 Lot CLIN 2001: FFP- PREVENTATIVE MAINTENANCE PROGRAM - Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 30 November 2017. Period of Performance 01 January 2020 - 31 December 2020. Qty: 12 months CLIN 2002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN - Additional/Miscellaneous IAW PWS dated 30 November 2017. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year. Period of Performance 01 January 2020 - 31 December 2020. Qty: 1 Lot CLIN 2003: FFP - 1st STAGE FILTERS - Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 9 months; first change is January 2020. Second change is October 2020. Period of Performance 01 January 2020 - 31 December 2020. Qty: 1 Lot CLIN 2004: FFP - 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 18 months. First change is February 2020. Period of Performance 01 January 2020 - 31 December 2020. Qty: 1 Lot CLIN 2005: FFP - 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 24 months. Period of Performance 01 January 2020 - 31 December 2020. Qty: 1 Lot CLIN 3001: FFP- PREVENTATIVE MAINTENANCE PROGRAM - Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 30 November 2017. Period of Performance 01 January 2021 - 31 December 2021. Qty: 12 months CLIN 3002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN - Additional/Miscellaneous IAW PWS dated 30 November 2017. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year. Period of Performance 01 January 2021 - 31 December 2021. Qty: 1 Lot CLIN 3003: FFP - 1st STAGE FILTERS - Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 9 months; first change is July 2021. Period of Performance 01 January 2021 - 31 December 2021. Qty: 1 Lot CLIN 3004: FFP - 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 18 months; first change is August 2021. Period of Performance 01 January 2021 - 31 December 2021. Qty: 1 Lot CLIN 3005: FFP - 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 24 months; first change is May 2021. Period of Performance 01 January 2021 - 31 December 2021. Qty: 1 Lot CLIN 4001: FFP- PREVENTATIVE MAINTENANCE PROGRAM - Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 30 November 2017. Period of Performance 01 January 2022 - 31 December 2022. Qty: 12 months CLIN 4002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN - Additional/Miscellaneous IAW PWS dated 30 November 2017. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year. Period of Performance 01 January 2022 - 31 December 2022. Qty: 1 Lot CLIN 4003: FFP - 1st STAGE FILTERS - Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 9 months; first change is April 2022. Period of Performance 01 January 2022 - 31 December 2022. Qty: 1 Lot CLIN 4004: FFP - 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 18 months. Period of Performance 01 January 2022 - 31 December 2022. Qty: 1 Lot CLIN 4005: FFP - 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 30 November 2017. Replace every 24 months. Period of Performance 01 January 2022 - 31 December 2022. Qty: 1 Lot The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96 effective 06 November 2017, DFAR DPN 20161222 effective 22 December 2016, and AFFAR AFAC 2017-1003 effective 03 October 2017. The North American Industry Classification System code (NAICS) is 811310, Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance, with a size standard of $7.5M. A firm fixed price contract will be awarded. The government will not accept refurbished/used equipment. There will be no advance payments. Offer Submission: Offerors are to complete the required representations listed in the provisions below, as well as the provision DFARS 252.209-7999 in Attachment 5 of the RFQ and return with their offer. Offeror shall submit their offers utilizing the pricing worksheet labeled Attachment 4. Offerors shall provide any necessary literature in order to determine technical acceptability in accordance with the Performance Work Statement and is limited to 5 pages. For the purposes of this RFQ a page is defined as one side. Offers shall provide information regarding recent and relevant past performance and are limited to 5 pages. Offer Evaluation: Evaluation of proposals will occur using the Lowest Price Technically Acceptable (LPTA) approach with Past Performance. See FAR 52.212-2 Evaluation -- Commercial Items for evaluation process. Specific Instructions:a. All offerors are required to complete and submit Attachment #5 of this solicitation IAW 252.209- 7999, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law. BASIS FOR AWARD: 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. The following factors shall be used to evaluate offers: Lowest Priced Technically Acceptable (LPTA) approach. DELIVERY ADDRESS: Eglin AFB, FL 32542 PROVISIONS/CLAUSES: Provisions and clauses may be obtained via the internet through the following websites: http://farsite.hill.af.mil, http://www.arnet.gov/far/, or http://safaq.hq.af.mil/contracting. The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by reference:- FAR 52.203-3, Gratuities- FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions- FAR 52.203-16, Preventing Personal Conflicts of Interest- FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights- FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper- FAR 52.204-7, System for Award Management- FAR 52.204-9, Personal Identity Verification of Contractor Personnel- FAR 52.212-1, Instructions to Offerors-Commercial Items - FAR 52.212-4, Contract Terms and Conditions--Commercial Items- FAR 52.228-5, Insurance Work on a Government Installation- FAR 52.232-39, Unenforceability of Unauthorized Obligations- FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors- FAR 52.233-3, Protest After Award- FAR 52.237-2, Protection of Government Building, Equipment and Vegetation- FAR 52.246-4, Inspection of Services - - Fixed Price- FAR 52.247-34, F.O.B. DestinationThe following Defense Federal Acquisition Regulation (DFAR) provisions and clauses apply to this solicitation and are incorporated by reference: - DFARS 252.201-7000, Contracting Officer's Representative- DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials- DFARS 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies- DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights- DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials- DFARS 252.204-7003, Control of Government Personnel Work Product- DFARS 252.204-7004 Alt A, System for Award Management Alternate A- DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls- DFARS 252.204-7011, Alternative Line Item Structure- DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting- DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors- DFARS 252.213-7000, Notification to Prospective Suppliers on the Use of Past Performance Information Retrieval System - Statistical Reporting in Past Performance Evaluations- DFARS 252.215-7008, Only One Offer- DFARS 252.223-7008, Prohibition of Hexavalent Chromium- DFARS 252.225-7048, Export Controlled Items- DFARS 252.232-7003, Electronic Submission of Payment Requests- DFARS 252.232-7010, Levies on Contract Payments- DFARS 252.243-7001, Pricing of Contract Modifications- DFARS 252.243-7002, Request for Equitable Adjustment- DFARS 252.244-7000, Subcontract for Commercial Items- DFARS 252.247-7023, Transportation of Supplies by Sea The following Air Force Federal Acquisition Regulation Supplement (AFFARS) provisions and clauses apply to this solicitation and are incorporated by reference: - AFFARS 5352.223-9001, Health and Safety on Government Installations- AFFARS 5352.242-9000, Contractor Access to Air Force Installations The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by full text: 52.212-2 - 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: Technical: Acceptable/UnacceptablePast Performance: Acceptable/UnacceptablePrice Price: Price will be reviewed and evaluated based on the CLINs shown above under "Description of Requirement". The Offeror's Price quote will be evaluated on a Total Evaluated Price (TEP) basis to include all option years. The Offeror must submit 5 coefficients for each year in order to be considered acceptable. Technical Evaluation: In accordance with, FAR 52.212-1(b)(4), offerors are reminded that as a minimum, offers must show a technical description of the items being offered insufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.Table A-1. Technical Acceptable/Unacceptable RatingsRating DescriptionAcceptable Quote clearly meets the minimum requirements of the solicitation.Unacceptable Quote does not clearly meet the minimum requirements of the solicitation. Past Performance Evaluation: The past performance evaluation is an assessment of the offeror's probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror's record of relevant and recent past performance information that pertain to the services outlined in the Performance Work Statement. Recency is defined as projects performed within the last three (3) years of the issue month of the solicitation. All references for work not performed within three (3) years of the issue month of the solicitation will not be evaluated. Relevancy is defined as contracts involving type of services and work elements described in the attached Performance Work Statement dated 30 November 2017. Table A-2. Past Performance Acceptable/Unacceptable RatingsRating DescriptionAcceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown.Unacceptable Based on the offeror's performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort. No Recent/Relevant Past Performance: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable." Sources of Past Performance: Offerors shall provide their past performance submission and are limited to 5 pages. Past performance information may be obtained from established systems such as the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; and may be obtained from other sources available to the Government. Technical and past performance, when combined, are approximately equal to price. Initially, all offers will be ranked according to Price from lowest to highest. The lowest priced offeror will be evaluated for technical acceptability. If this offeror is acceptable then their past performance will be evaluated for acceptability. If the lowest priced offeror is technically acceptable and has acceptable past performance then evaluation will stop and award will be made to the lowest priced offeror. If the lowest priced offeror is not found to be technically acceptable or have acceptable past performance then the evaluation will continue with the next highest offer and continue until an acceptable offeror is found. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-3 Offeror Representations and Certifications -- Commercial Items (Jan 2017) Alternate IThe 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--"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B in the DOL Guidance."Civil judgment" means--(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces."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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--(1) Department of Labor Wage and Hour Division (WHD) for--(i) The Fair Labor Standards Act;(ii) The Migrant and Seasonal Agricultural Worker Protection Act;(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;(vi) The Family and Medical Leave Act; and(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--(i) The Occupational Safety and Health Act of 1970; and(ii) OSHA-approved State Plans;(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--(i) Section 503 of the Rehabilitation Act of 1973;(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and(5) Equal Employment Opportunity Commission (EEOC) for--(i) Title VII of the Civil Rights Act of 1964;(ii) The Americans with Disabilities Act of 1990;(iii) The Age Discrimination in Employment Act of 1967; and(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act)."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)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:(1) The Fair Labor Standards Act.(2) The Occupational Safety and Health Act (OSHA) of 1970.(3) The Migrant and Seasonal Agricultural Worker Protection Act.(4) The National Labor Relations Act.(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).(8) Section 503 of the Rehabilitation Act of 1973.(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.(10) The Family and Medical Leave Act.(11) Title VII of the Civil Rights Act of 1964.(12) The Americans with Disabilities Act of 1990.(13) The Age Discrimination in Employment Act of 1967.(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and 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.(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)[The offeror shall check the category in which its ownership falls]:____ Black American.___ Hispanic American.___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).___ Individual/concern, other than one of the preceding.(d) 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 ProductsLine 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.

Bulwark Mounted Panama Choke

Department of the Navy, Military Sealift Command | Published November 29, 2017  -  Deadline December 1, 2017
cpvs

The following additional FAR clauses contained within FAR 52.212-5 are applicable to this acquisition: 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards52.209-6 Protecting the Government's Interest When Subcobntracting with Contractor's Debarrred Suspended, or Proposed for Debarment52.219-28 Post-Award Small Business Program Representation52.222-3 Convict Labor 52.222-19 Child Labor 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity52.222-36 Affirmative Action for Workers with Disabilities52.222-50 Combating Trafficking in Persons52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011)52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration (Jul 2013)52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) 13. N/A 14. This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating. 15. Quotes may be only hand delivered, mailed, or e-mailed directly to {E-mail address}, the sole designated E-mail address and inbox for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted. No other method of submission is acceptable. E-mail quotes shall be in either Adobe or Microsoft Office format. Quoters are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. 16. For additional information regarding this solicitation contact Melvin Frazier at melvin.frazier@navy.mil, 757-443-5906. 17. The following additional FAR and DFARS clauses are applicable to this acquisition:   52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements52.212-1 Instructions to Offerors -- Commercial Items 52.212-4 Contract Terms and Conditions-Commercial Items 52.232-18 Availability of Funds (Apr 1984)52.232-39 Unenforceability of Unauthorized Obligations52.232-40 Providing Accelerated Payments to Small Business Concerns 52.247-34 F.o.b. 252.203-7000 Requirements Relating to Compensation of Former DOD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7003 Control of Government Personnel Work Product (Apr 1992)252.204-7011 Alternative Line Item Structure252.204-7012 Safeguarding of Unclassified Controlled Technical Information 252.211-7003 Item Identification and Validation 252.223-7008 Prohibition of Hexavalent Chromium 252.225-7001 Buy American And Balance of Payments Program 252.225-7002 Qualifying Country Sources as Subcontractors 252.225-7013 Duty-Free Entry252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)252.244-7000 Subcontracts for Commercial 252.246-7003 Notification of Potential Safety Issues 252.247-7023 Transportation of Supplies by Sea 52.204-21 Basic Safeguarding of Covered Contractor Information   52.212-3 Offeror Representations and Certifications - Commercial Items (May 2014) Offeror Representations and Certifications -- Commercial Items (May 2014)An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.(a) Definitions. As used in this provision--"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program."Forced or indentured child labor" means all work or service-(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties."Inverted domestic corporation," as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874."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."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."Subsidiary" means an entity in which more than 50 percent of the entity is owned-(1) Directly by a parent corporation; or(2) Through another subsidiary of a parent corporation."Veteran-owned small business concern" means a small business concern-(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and(2) The management and daily business operations of which are controlled by one or more veterans."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern --(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women."Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) 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, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.(5) Women-owned small business concern. [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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.](i) General. The offeror represents that either-(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.](11) HUBZone small business concern. [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)(11)(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 ProductsLine 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 $3,000 for which the liability remains unsatisfied.(i) Taxes are considered delinquent if both of the following criteria apply:(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.(ii) Examples.(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial 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 ProductListed 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.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.](1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that-(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(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) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874.(2) Representation. By submission of its offer, the offeror represents that-(i) It is not an inverted domestic corporation; and(ii) It 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 $3,000 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.   252.209-7993 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law-Fiscal Year 2014 Appropriations (DEVIATION 2014 - OO0009) (Feb 2013) (a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; 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 the 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, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.       52.225-18 Place of Manufacture (Sep 2006) (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) o 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) o Outside the United States. (End of provision) 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 addresses: http://farsite.hill.af.mil/vffara.htmhttp://farsite.hill.af.mil/vfdfara.htm       52.252-2 Clauses Incorporated by Reference This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR (http://acquisition.gov/far)DFAR http://www.acq.ods.mil/dpap/dars/dfarspgi/current/) 52.252-6 Authorized Deviations in Clauses (Apr 1984)(full text) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (End of clause) 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 provision. 52.204-13 System for Award Management Maintenance (Jul 2013) (a) Definition. As used in this clause- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

development of Integrated Navigation System

Department of Health and Human Services, National Institutes of Health | Published November 29, 2017  -  Deadline December 8, 2017
cpvs

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General InformationDocument Type: Combined Solicitation/SynopsisSolicitation Number: HHSNCCOPC18-000011Posted Date: November 29, 2017Original Response Date: December 8, 2017Classification Code: 65-Medical, dental & veterinary equipment & suppliesSet Aside: No set-asidesNAICS Code: 541 -Professional, Technical and Technical Services/541990 -All other Professional, Scientific, and Technical ServicesContracting Office Address6707 Democracy Boulevard Suite 106 Bethesda, MD 20892DescriptionThis is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; being requested, and a written solicitation document will not be issued. This solicitation is a Request for Quotation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC 2005-96). The associated North American Industrial Classification System (NAICS) code for this procurement is 541990, with a small business size standard of $15.0 The Clinical Center/Radiology & Imaging Sciences has a requirement to develop and validate a cost effective, easy-to-use and fully integrated navigation system for needle placement during image guided cancer diagnosis and treatment. Applications include but are not limited to biopsy, various thermal ablations (e.g. radiofrequency, cryo-, microwave, and laser ablation), and brachytherapy. Accurate diagnostic and/or therapeutic intervention depends on accurate needle insertion, which may be extremely difficult in certain settings. In standard CT-guided needle placement procedures, translation from a pre-planned needle angle to the actual intra-procedural needle insertion is estimated only with the physician's visuospatial abilities and experience. The goal of this contract is to improve needle placement in clinical practice. Image-guided needle insertion is a promising method for fulfilling the project goal, but the system must be cost-effective, accurate, and ergonomic to be clinically feasible. The proposed system's hardware includes a compact guidance platform that tracks needle-based interventional instruments, and provides navigation information to the clinician during the procedure. The system will be designed to assist with cancer treatment planning and procedure execution. The technology will be a compact tracker design that can clip onto needles and provide Micro Electro Mechanical (MEM) inertial-based tracking. The hardware will also have fewer sterility requirements and it will be easier to calibrate compared to existing electromagnetic and optical tracking systems. The calibration step of the device only takes a few seconds, making it practically negligible. The wireless clip design allows the navigation device to be easily attached to and removed from any standard needles, which gives the physician the highly desired freedom to benefit from the navigation while minimizing its impact on the clinical workflow. Our device allows for visual guidance during procedures by providing real-time angulation tracking of needles, catheters, or interventional tools. Visual guidance will improve targeting accuracy, and reduce procedure time and side effects. Outcome: The product of this contract is a fully integrated needle-guidance system prototype that is ready for human clinical trials. The system will be prototyped and evaluated in a live animal/human study to quantify the targeting accuracy and workflow for CT, Cone Beam CT, and Ultrasound-guided procedures. Specifications:A2. Engineering Specifications: A2. Engineering Specifications: 1. Wireless needle tracker The Government seeks prototypes of wireless needle trackers to address the challenges in needle placement procedures by accurately tracking the needle angular and positional information. The needle tracker design should be compact, wireless, and can be clipped onto any needle instrument (Fig. 1a-d). The system will provide 6 degrees-of-freedom (DOF) sensing at up to 40 Hz. The tracker should be configured to wirelessly stream data via Bluetooth. The system should be ready for calibration and validation. Sensor FusionThe Government requires a method to combine the use of a gyroscopic sensing and the gravity vector to enhance needle tracking accuracy. A3. Specific Instrument Descriptions and Deliverables: The contract deliverables include the wireless tracker electronics, mechanical protection cases, calibration docking stations, tracker chargers, and software source code for streaming out the positional information from the tracker. • 3 prototype Micro Electro Mechanical (MEM) trackers for abdominal biopsy needles• 3 prototype MEM trackers for abdominal ablation catheters• 3 prototype MEM trackers for abdominal ultrasound probes• 3 prototype universal MEM tracking beacons for multiple-propose tracking • 3 prototype MEM trackers for Prototype MRI-guided prostate transperineal focal laser ablation • 3 needle holders integrated with MEM trackers and an MRI visible needle-guide for navigation and registration• 3 prototype 100mmX100mm MRI visible grid fiducial markers for prostate transperineal procedures• 3 prototype electromagnetic tracker needle clips for multiple-propose needle procedures• The tracker cases together with the tracker calibration docking station will be fabricated using 3D printing technology and are made deposable. D. Period of Performance: 2-year contract with the start date of award and end date of 24 months following Period of Performance : Base Period- One year (specific dates to be determined)Option Period One: One year( specific dates to be determined) Delivery Location, Schedule, and Instructions National Institutes of HealthClinical Center, Building 10 1C543Dr. Brad WoodBrad.Wood @nih.govRadiology & Imaging Sciences Security ProvisionsSee attached security clausesGovernment Furnished Equipment (GFE)There is no government furnished equipment requirements for this order. Inspection and Acceptance CriteriaN/AAward shall be made to the quotation which offers the best value to the government, considering technical capability, past performance, and price. The government will evaluate information based on the following evaluation criteria:   TECHNICAL EVALUATION ELEMENTS 1. Technical Approach (25)The Government will evaluate the offeror's technical approach to satisfy each element in the Statement of Work requirements.2. Experience(25)The offeror must demonstrate a minimum of two (2) years of experience providing maintenance support services similar to or equivalent to the system that is subject of this procurement. 3. Past Performance (25)The offeror must provide three references from previous customers where the offeror provided maintenance support with similar specifications and complexity. 4. PRICE (25)The price quoted will be evaluated for price reasonableness. A best value analysis will be performed taking into consideration the results of the technical evaluation, price evaluation, and the ability to complete the work within the Government's required schedule.             The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition FAR 52.212-1, "Instructions to Offerors-Commercial Items" 1. FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items" (April2016) Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items." If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: • FAR 52.212-4, "Contract Terms and Conditions-Commercial Items" (Jan 2017)• FAR 52.212-5, "Contract Terms and Conditions Required to Implement Statutes or Executive Orders" (Jan 2017)• FAR 52.217-9, " Option to extend Term of the Contract" (Mar 2000)• FAR 52.217-8 " Option to extend Services" (NOV1999) The following subparagraphs of FAR 52.212-5 are applicable: PROVISIONS AND CLAUSES CLAUSES INCORPORATED BY REFERENCE 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items JAN 201752.212-4 Contract Terms and Conditions-Commercial Items JAN 2017CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I OCT 1995 52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203.15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 JUN 201052.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 201652.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment OCT 201552.219-6 Notice of Total Small Business Set-Aside NOV 201152.219-14 Limitations On Subcontracting NOV 2011 52.219-28 Post-Award Small Business Program Re-representation JUL 201352.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JUL 2010 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEPT 201652.222-35 Equal Opportunity for Veterans OCT 201552.222-36 Affirmative Action For Workers With Disabilities JUL 201452.222-37 Employment Reports on Veterans FEB 201652.222-41 Service Contract Act of 1965 NOV 200752.222-50 Combating Trafficking in Persons Mar 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons JUN 201652.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-1 Buy American -Supplies MAY 201452.225-13 Restrictions on Certain Foreign Purchases JUL 2013 52.232-30 Installment Payments for Commercial Items OCT 199552.232-33 Payment by Electronic Funds Transfer-System for Award Management JUL 2013 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management JUL 201352.232-36 Payment by Third Party MAY 201452.239-1 Privacy or Security Safeguards AUG 199652.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.245-1 Government Property AUG 2010 52.245-9 Use And Charges AUG 2010 CLAUSES INCORPORATED BY FULL TEXT 52.212-3 Offeror Representations and Certifications -Commercial Items (Apr 2012)   52.212-3 Offeror Representations and Certifications-Commercial Items. Offeror Representations and Certifications-Commercial Items (Jan 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://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- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces'". The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces. "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. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are- (1) Department of Labor Wage and Hour Division (WHD) for- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) Equal Employment Opportunity Commission (EEOC) for- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "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). "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. "Labor laws" means the following labor laws and E.O.s: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws". "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. "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. "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. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (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 http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (t) 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 will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it □ is, a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse 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. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [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) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, 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; (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 appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [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 products.   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 it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) □ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (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.

Cartiva Metatarsophalangeal Implants

Department of the Army, U.S. Army Medical Command | Published November 28, 2017  -  Deadline December 1, 2017
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(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.(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).(xii) ___ (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 forMaintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter67.)(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts forCertain 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 millionfor solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at$500,000 for solicitations and resultant contracts issued after April 24, 2017).Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoinedindefinitely as of the date of the order. The enjoined paragraph will become effective immediately if thecourt terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the FederalRegister advising the public of the termination of the injunction.(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).(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 clause52.247-64.(2) While not required, the contractor may include in its subcontracts for commercial items a minimalnumber of additional clauses necessary to satisfy its contractual obligations. (End of clause) IRAPTInvoicing, Receipt, Acceptance and Property Transfer (iRAPT) - formerly known as WAWFiRAPT is the authorized method to electronically process vendor request for payment. This applicationallows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically.Contractor shall (i) register to use iRAPT at https://wawf.eb.mil and (ii) ensure an electronic businesspoint of contract (POC) is designated in the System for Award Management at https://www.sam.govwithin ten (10) calendar days after award of this contract/order. iRAPT Instructions: Questions concerning payments should be directed to the Defense Finance and Accounting Service(DFAS) 8899 E. 56TH STREET; INDIANAPOLIS, IN 46249-3800 (Block 18a of your purchaseorder/contract) at DFAS - INDY VP GFEBS (HQ0490) TEL: (801) 605-7095. Please have your purchaseorder/contract number ready when calling about payments. You can easily access payment and receiptinformation using the DFAS web site at http://www.dfas.mil/money/vendor . Your purchase order/contractnumber or invoice number will be required to inquire status of your payment.The following codes and information will be required to assure successful flow of iRAPT documents.Foreign Vendors will submit banking information in the Comments Tab of the iRAPT invoice. TYPE OF DOCUMENT [X the appropriate block]Invoice (Contractor Only)_X Invoice and Receiving Report (COMBO)Invoice as 2-in-1 (Services Only)Receiving Report (Government Only)CAGE CODE:ISSUE BY DODAAC: W81K00ADMIN BY DODAAC: W81K00INSPECT BY DODAAC: W81NWYACCEPT BY DODAAC: W81NWYSHIP TO DODAAC: W81NWYPAYMENT OFFICE FISCAL STATION CODE: 021001EMAIL POINTS OF CONTACT LISTINGINSPECTOR Primary:ACCEPTOR Primary:RECEIVING OFFICE POC: Primary:CONTRACT ADMINISTRATOR/ SPECIALIST:CONTRACTING OFFICER:Any modification requests must be in writing and submitted to:ADMIN DODAAC. (End) CLAUSES INCORPORATED BY REFERENCE 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017) ADDENDUM TO 52.212-1 (m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein areincorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision52.252-1 herein for locations where full text can be found. (End of provision) CLAUSES INCORPORATED BY REFERENCE 52.204-16 Commercial and Government Entity Code Reporting JUL 201652.211-6 Brand Name or Equal AUG 199952.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. OCT 2015 CLAUSES INCORPORATED BY FULL TEXT 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015) (a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contractentitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contractswith either an inverted domestic corporation, or a subsidiary of an inverted domesticcorporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with theprocedures at 9.108-4.(c) Representation. The Offeror represents that--(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation. (End of provision) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR AFELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing AppropriationsAct, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Governmentwill 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 remedieshave been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with theauthority 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 thatsuspension 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 theawarding agency is aware of the conviction, unless an agency has considered suspension or debarment of thecorporation 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, forwhich all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in atimely 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 lawwithin the preceding 24 months.(End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as ifthey were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror iscautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with itsquotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision byparagraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of asolicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of provision) 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with anauthorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.(b) The use in this solicitation of any DOD Far Supplement (48 CFR Chapter 2) provision with an authorizeddeviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV2011) (a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating toCompensation of Former DoD Officials.(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoDofficials employed by or otherwise receiving compensation from the offeror, and who are expected to undertakeactivities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employmentrestrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including FederalAcquisition Regulation 3.104-2. (End of provision) 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS(OCT 2016) (a) Definitions. As used in this provision--Controlled technical information, covered contractor information system, covered defense information, cyberincident, information system, and technical information are defined in clause 252.204-7012, Safeguarding CoveredDefense Information and Cyber Incident Reporting.(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covereddefense information on all covered contractor information systems that support the performance of this contract.(c) For covered contractor information systems that are not part of an information technology service or systemoperated on behalf of the Government (see 252.204-7012(b)(2))--(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified byNational Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting ControlledUnclassified Information in Nonfederal Information Systems and Organizations'' (seehttp://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized bythe contracting officer not later than December 31, 2017.(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are ineffect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shallsubmit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a writtenexplanation of-(A) Why a particular security requirement is not applicable; or(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy aparticular requirement and achieve equivalent protection.(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporatedinto the resulting contract. (End of provision) 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) See Addendum 52.212-2(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offerorwithin the time for acceptance specified in the offer, shall result in a binding contract without further action by eitherparty. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whetheror not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) ADDENDUM TO 52.212-2 Award will be made using the lowest price technically acceptable (LPTA) source selection process. Awardwill be made to the responsible offeror on the basis of the lowest evaluated price of proposals meeting orexceeding the acceptability standards for non-cost factors. Award maybe made without discussions withofferors (except communications conducted for the purpose of minor clarification). Therefore, each initialoffer should contain the offeror's best terms from a technical and price standpoint. However, theGovernment reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary. Paragraph (a) is hereby replaced with the following: The Government will award a contract resulting from this solicitation to the responsible offeror whose offerconforming to the solicitation is Lowest Price, Technically Acceptable (LPTA). Award will be made on all or nothing basis. The following evaluation factors shall be used to evaluate offers: Technically Acceptability and Price 1. Technical Acceptability: If providing an "equal" item(s), comply with FAR Provision 52.211-6, Brand Name or Equal. Explain how your company will meet the salient characteristics of the items as listed in thesolicitation. Offeror will be found technically acceptable if the offer meets the salient characteristics listedbelow. MTP Implant must:* Must be FDA, AATB and TAA compliant.* Must be able to provide various synthetic implant sizes (8mm and 10mm) available for surgery.*May provide safe biocompatible, durable, organic polymer synthetics implant that functions similarly tonatural cartilage.*Must provide no risk of viral or bacterial transmission associated with human or animal derivedmaterials.* Shall also provide clinical solutions to treat painful arthritis in the joint of the big toe.*Must provide Low coefficient of friction aids joint articulation, mobility and improve patient's full weightbearing and range of motion after surgery.*The CARTIVA implant must stays in place without the use of cement or glue and must be able to last alifetime.2. PriceContractors must submit their proposals to the following address:Regional Health Contracting Office - CentralMCAA-S Attn: Mr. Gerry Coleman3551 Roger Brooke Drive, Room L31-9V Fort Sam Houston, TX 78234-6200Proposals must be submitted on time to the mailing address above, or by fax to (210)221-3446 Attn: Mr.Gerry Coleman or e-mail to Gerry.D.Coleman.civ@mail.milEvaluation Process: All quotes will be evaluated on their price and technical acceptability. The awarddecision will be based on the lowest priced technically acceptable quote. (End of provision) CLAUSES INCORPORATED BY FULL TEXT 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annualrepresentations and certification electronically via the System for Award Management (SAM) Web site located athttps://www.sam.gov/portal. If the Offeror has not completed the annual representations and certificationselectronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.(a) Definitions. As used in this provision --"Administrative merits determination" means certain notices or findings of labor law violations issued by anenforcement agency following an investigation. An administrative merits determination maybe final or be subject to appeal or further review. To determine whether a particular notice or finding is covered bythis definition, it is necessary to consult section II.B. in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violationoccurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or issubject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from privateor confidential proceedings. To determine whether a particular award or decision is covered by this definition, it isnecessary to consult section II.B. in the DOL Guidance."Civil judgment" means-(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competentjurisdiction.(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which thecourt determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes ajudgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order iscovered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673,`Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained fromwww.dol.gov/fairpayandsafeworkplaces."Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concernthat is at least 51 percent directly and unconditionally owned by, and the management and dailybusiness operations of which are controlled by, one or more women who are citizens of the United States and whoare economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-ownedsmall business eligible under the WOSB Program."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes theenforcement components of DOL (Wage and Hour Division, Office of Federal Contract CompliancePrograms, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission,the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means aState agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency isacting in its capacity as administrator of such plan. It does not include other Federal agencies which, in theircapacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agenciesassociated with each labor law under E.O. 13673are--(1) Department of Labor Wage and Hour Division (WHD) for--(i) The Fair Labor Standards Act;(ii) The Migrant and Seasonal Agricultural Worker Protection Act;(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;(v) The Family and Medical Leave Act; and(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--(i) The Occupational Safety and Health Act of 1970; and(ii) OSHA-approved State Plans;(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--(i) Section 503 of the Rehabilitation Act of 1973;(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' ReadjustmentAssistance Act of 1974; and(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and(5) Equal Employment Opportunity Commission (EEOC) for--(i) Title VII of the Civil Rights Act of 1964;(ii) The Americans with Disabilities Act of 1990;(iii) The Age Discrimination in Employment Act of 1967; and(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act)."Forced or indentured child labor" means all work or service-(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and forwhich the worker does not offer himself voluntarily; or(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can beaccomplished by process or penalties."Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns orcontrols one or more entities that control an immediate owner of the offeror. No entityowns 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 ofcontrol 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 inverteddomestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and anenforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues toincrease compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:(1) The Fair Labor Standards Act.(2) The Occupational Safety and Health Act (OSHA) of 1970.(3) The Migrant and Seasonal Agricultural Worker Protection Act.(4) The National Labor Relations Act.(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).(8) Section 503 of the Rehabilitation Act of 1973.(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' ReadjustmentAssistance Act of 1974.(10) The Family and Medical Leave Act.(11) Title VII of the Civil Rights Act of 1964.(12) The Americans with Disabilities Act of 1990.(13) The Age Discrimination in Employment Act of 1967.(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in theFAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment,which resulted from a violation of one or more of the laws listed in the definition of``labor laws''."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 madeor processed from raw materials into the finished product that is to be provided to the Government. If a product isdisassembled 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 aredefined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operationsdo not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountabilityand 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 ofthe Treasury, or are expressly exempted under Federal law from the requirement to be conducted under suchauthorization;(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 humanitarianorganization;(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 usedspecifically--(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 theauthority 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 anypublicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabledveterans; and(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiverof such veteran.(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is serviceconnected,as defined in 38 U.S.C. 101(16)."Small business concern" means a concern, including its affiliates, that is independently owned and operated, notdominant in the field of operation in which it is bidding on Government contracts, and qualified as a small businessunder 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 underthe 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 definedat 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 intoaccount 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) byindividuals, 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 ofthe 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 Statelaw 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 thecase of any publicly owned business, not less than 51 percent of the stock of which is owned by one or moreveterans; 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; orin the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or morewomen; 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 least51 percent of its stock is owned by one or more women; or(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 CFRpart 127)", means a small business concern that is at least 51 percent directly and unconditionally owned by, and themanagement and daily business operations of which are controlled by, one or more women who are citizens of theUnited States.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a)are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award ordecision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor complianceagreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately ifthe court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the FederalRegister advising the public of the termination of the injunction.(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of thisprovision do not automatically change the representations and certifications posted electronically on the SAMwebsite.(2) The offeror has completed the annual representations and certifications electronically via the SAM websiteaccessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifiesby submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12months, are current, accurate, complete, and applicable to this solicitation (including the business size standardapplicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in thisoffer 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 forthe purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are alsoincorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes providedby the offeror are applicable to this solicitation only, and do not result in an update to the representations andcertifications posted electronically on SAM.](c) Offerors must complete the following representations when the resulting contract will be performed in the UnitedStates 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 smallbusiness concern.(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small businessconcern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) isnot a veteran-owned small business concern.(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as aveteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of itsoffer 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 businessconcern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a smalldisadvantaged 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 businessconcern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a womenownedsmall business concern.(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a womenownedsmall 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 requireddocuments to the WOSB Repository, and no change in circumstances or adverse decisions havebeen 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 therepresentation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSBProgram participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligibleunder the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSBconcern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy ofthe WOSB representation.(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offerorrepresented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offerorrepresents that--(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSBRepository, 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 therepresentation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in thejoint venture. [The offeror shall enter the name or names of the EDWOSB concern andother small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating inthe joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisitionthreshold.(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a womenownedbusiness concern and did not represent itself as a small business concern in paragraph (c)(1) of thisprovision.) 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 mayidentify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeroror 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 concernin 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 theList of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and nomaterial changes in ownership and control, principal office, or HUBZone employee percentage have occurred sinceit 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 concernparticipating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone smallbusiness concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concernparticipating in the HUBZone joint venture shall submit a separatesigned copy of the HUBZone representation.(d) Certifications and representations required to implement provisions of Executive Order 11246--(1) Previous Contracts and Compliance. The offeror represents that--(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the EqualOpportunity clause of this solicitation, the 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 eachestablishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFRSubparts 60-1 and 60-2), or(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of therules and regulations of the Secretary of Labor.(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if thecontract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledgeand belief that no Federal appropriated funds have been paid or will be paid to any person for influencing orattempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee ofCongress or an employee of a Member of Congress on his or her behalf in connection with the award of anyresultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact onbehalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMBStandard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need notreport regularly employed officers or employees of the offeror to whom payments of reasonable compensation weremade.(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, BuyAmerican --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 domesticend product and that for other than COTS items, the offeror has considered components of unknown origin to havebeen mined, produced, or manufactured outside the United States. The offeror shall list as foreign end productsthose end products manufactured in the United States that do not qualify as domestic end products, i.e., an endproduct 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," "domesticend product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitationentitled "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 FAR52.225-3, 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 thisprovision, is a domestic end product and that for other than COTS items, the offeror has considered components ofunknown 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 clauseof 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 thanBahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in theclause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':W81K00-18-T-0039Page 37 of 47Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or PeruvianEnd Products) or Israeli End Products:Line Item No. Country of Origin___ ______ ______ ___[List as necessary](iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii)of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-IsraeliTrade Act." The offeror shall list as other foreign end products those end products manufactured in the United Statesthat do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet thecomponent test in paragraph (2) of the definition of "domestic end product."Other Foreign End Products:Line Item No. Country of Origin___ ______ ______ ___[List as necessary](iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I tothe 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 thissolicitation 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 (Jan 2004). If Alternate II tothe 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 asdefined 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 clauseat FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii)of the basic provision:(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (otherthan Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products asdefined 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, orPeruvian 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 inthis 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 endproducts.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 lineitems covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designatedcountry end products without regard to the restrictions of the Buy American statute. The Government will considerfor award only offers of U.S.-made or designated country end products unless the ContractingOfficer determines that there are no offers for such products or that the offers for such products are insufficient tofulfill the requirements of the solicitation.(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value isexpected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge andbelief, that the offeror and/or any of its principals--(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible forthe 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 civiljudgment 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 Federalor 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 taxlaws, or receiving stolen property; and(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Governmententity 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 delinquentFederal 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 notfinally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to theliability, the liability is not finally determined until all judicial appeal rights have been exhausted.

Dust (Silica) Cleanup on Test Equipment

Department of the Air Force, Air Force Materiel Command | Published November 27, 2017  -  Deadline December 12, 2017
cpvs

This is a combined synopsis/solicitation for commercial services and/or supplies 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 is a Request for Quote (RFQ) and the solicitation number for this requirement is FA2823-18-Q-0011. The Contracting Squadron at Eglin, AFB, Florida, requires Dust Cleanup on Test Equipment. This procurement is a Total Small Business set-aside. DESCRIPTION OF REQUIREMENT: 0001: Dust removal on test equipment located at the McKinley Labs test chamber at Eglin AFB, FL in accordance with (IAW) the Performance Work Statement (PWS) dated 21 November 2017. The requirement is for the service provider to provide all labor and materials to clean the test equipment, perform dust test sampling, and dispose of waste IAW all applicable Federal, State and Local regulations. Period of Performance: 4 daysThe solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 effective 19 January 2017, DFAR DPN 20161222, and AFFAR AFAC 2017-1003. The North American Industry Classification System code (NAICS) is 562910, Remediation Services, with a size standard of $20.5M. A firm fixed price contract will be awarded. In accordance with, FAR 52.212-1(b)(4), offerors are reminded that as a minimum, offers must show a technical description of the services being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.Technical Acceptable/Unacceptable Ratings:Acceptable Quote - clearly meets the minimum requirements of the solicitation.Unacceptable Quote - does not clearly meet the minimum requirements of the solicitation.Specific Instructions:a. All offerors are required to complete and submit Attachment #4 of this solicitation IAW 252.209- 7999, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law. BASIS FOR AWARD: 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. The following factors shall be used to evaluate offers: Lowest Priced Technically Acceptable (LPTA) approach. DELIVERY ADDRESS: Eglin AFB, FL 32542 PROVISIONS/CLAUSES: Provisions and clauses may be obtained via the internet through the following websites: http://farsite.hill.af.mil, http://www.arnet.gov/far/, or http://safaq.hq.af.mil/contracting. The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by reference: - FAR 52.204-7, System for Award Management- FAR 52.212-1, Instructions to Offerors-Commercial Items - FAR 52.212-4, Contract Terms and Conditions--Commercial Items- FAR 52.219-1, Small Business Program Representations- FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications- FAR 52.232-39, Unenforceability of Unauthorized Obligations- FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors- FAR 52.237-2, Protection of Government Building, Equipment and Vegetation- FAR 52.247-34, F.O.B. DestinationThe following Defense Federal Acquisition Regulation (DFAR) provisions and clauses apply to this solicitation and are incorporated by reference: - DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials- DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights- DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials- DFARS 252.204-7003, Control of Government Personnel Work Product- DFARS 252.204-7004 Alt A, System for Award Management Alternate A- DFARS 252.204-7011, Alternative Line Item Structure- DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting- DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors- DFARS 252.223-7008, Prohibition of Hexavalent Chromium- DFARS 252.225-7001, Buy American Act and Balance of Payment Program- DFARS 252.225-7002, Qualifying Country Sources as Subcontractors- DFARS 252.225-7048, Export Controlled Items- DFARS 252.232-7003, Electronic Submission of Payment Requests- DFARS 252.232-7010, Levies on Contract Payments- DFARS 252.243-7001, Pricing of Contract Modifications- DFARS 252.244-7000, Subcontract for Commercial Items- DFARS 252.247-7023, Transportation of Supplies by Sea The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by full text:52.212-3 Offeror Representations and Certifications -- Commercial Items (Jan 2017) Alternate IThe 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--"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B in the DOL Guidance."Civil judgment" means--(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces."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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--(1) Department of Labor Wage and Hour Division (WHD) for--(i) The Fair Labor Standards Act;(ii) The Migrant and Seasonal Agricultural Worker Protection Act;(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;(vi) The Family and Medical Leave Act; and(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--(i) The Occupational Safety and Health Act of 1970; and(ii) OSHA-approved State Plans;(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--(i) Section 503 of the Rehabilitation Act of 1973;(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and(5) Equal Employment Opportunity Commission (EEOC) for--(i) Title VII of the Civil Rights Act of 1964;(ii) The Americans with Disabilities Act of 1990;(iii) The Age Discrimination in Employment Act of 1967; and(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act)."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)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:(1) The Fair Labor Standards Act.(2) The Occupational Safety and Health Act (OSHA) of 1970.(3) The Migrant and Seasonal Agricultural Worker Protection Act.(4) The National Labor Relations Act.(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).(8) Section 503 of the Rehabilitation Act of 1973.(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.(10) The Family and Medical Leave Act.(11) Title VII of the Civil Rights Act of 1964.(12) The Americans with Disabilities Act of 1990.(13) The Age Discrimination in Employment Act of 1967.(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and 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.(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)[The offeror shall check the category in which its ownership falls]:____ Black American.___ Hispanic American.___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).___ Individual/concern, other than one of the preceding.(d) 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 ProductsLine 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 ProductListed 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.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.](1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that-(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(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.

Small Square Straw Bale IDIQ Contract - FY18

Department of Agriculture, Animal and Plant Health Inspection Service | Published November 27, 2017  -  Deadline December 14, 2017
cpvs

Bales that are ragged, bales shorter than 36" or longer than 48", and bales having wires or twine of unequal tension, which makes it difficult to handle, will not be acceptable. ROUND BALES WILL NOT BE ACCEPTABLE. Bales should weigh between 50# and 65# each. DELIVERIESDelivery shall be direct from fields or barns via clean vehicles not used for transportation of livestock. Shipment by rail is not acceptable. Deliveries shall be made to: USDA, ARS, MWA, NADC, 1920 Dayton Avenue, Building 13, Ames, Iowa 50010. Deliveries shall be made during normal business hours of 7:30 a.m. through 2:30 p.m. (CST) Monday through Friday, excluding Federal holidays. The Contractor shall make deliveries within five (5) working days after receipt of a telephone or written order from an authorized Government employee. Partial deliveries of a minimum quantity may be requested. It will be requested that contractor call (515) 337-7248 PRIOR to delivery.It is required by the ICC that both the empty and loaded weight must be obtained from the same weighing station. The Contractor shall provide the Government with a certified copy of the loaded weight ticket at the time of each delivery, which must be obtained at an Official Weighing Station with the firm's name inscribed on the weigh ticket.A DELIVERY TICKET must accompany the weigh ticket also, allowing for a signature of a person making the delivery and a signature of government personnel receiving the straw. The delivery ticket must list the number of bales per load.The Contractor shall be responsible for unloading and stacking the straw in an area designated by the Government. Preferred: If the bales are banded in bundles of not less than 16 bales/bundle or not more than 21 bales/bundle, the government will mechanically unload and stack the straw in the designated storage area at no expense to the contractor. STORAGEThe successful quoter shall store the straw at no additional cost to the Government until such time as all deliveries have been made and the contract has been completed.INSPECTIONThe Government reserves the right to inspect the premises and origin of straw before, and at any time after the contract is consummated to assure that the straw is not being contaminated with dangerous pathogens. The Government reserves the right to make inspection of fields, barns where the straw is being stored, and the bales to determine quality and freedom from animal contaminations and also to assure that the quoter's operations will meet conditions required.Final inspection will be made at time of delivery to the National Animal Disease Center, and the straw must meet specifications & requirements as specified herein or it will not be accepted. It will be required that the straw not be unloaded until inspected and approved by Government personnel.Award will be based upon technical acceptability, best value and ability to deliver ARO. FAR 52.232-18, Availability of Funds (APR 1984) in included in this solicitation and any resulting contract. Funds obligation is contingent upon the approval of a FY18 Budget. No contract performance is to take place without notification from the Contracting Officer. NOTE: Guidance in this solicitation for actions within SAM are now conducted through the Single Award Management system found at www.sam.gov. Vendors MUST have a record showing "Active" at the time of quote submittal to be considered for award. 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014)(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-(1) The solicitation number;(2) The time specified in the solicitation for receipt of offers;(3) The name, address, and telephone number of the offeror;(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;(5) Terms of any express warranty;(6) Price and any discount terms;(7) "Remit to" address, if different than mailing address;(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);(9) Acknowledgment of Solicitation Amendments;(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.(f) Late submissions, modifications, revisions, and withdrawals of offers.(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or(C) If this solicitation is a request for proposals, it was the only proposal received.(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.(i) Availability of requirements documents cited in the solicitation.(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978.(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:(i) ASSIST (https://assist.dla.mil/online/start/);(ii) Quick Search (http://quicksearch.dla.mil/);(iii) ASSISTdocs.com (http://assistdocs.com).(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.(4) A summary of the rationale for award;(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)The provision at 52.212-2 Evaluation - Commercial Items applies to this solicitation. Award will be made to the responsible offeror whose offer conforming to this combined synopsis/solicitation will be most advantageous to the Government, price and other factors considered. 52.212-2 Evaluation-Commercial Items. (Oct 2014) Evaluations will be conducted in accordance with Simplified Acquisition Procedures (FAR Part 13.106‐2). 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:1. Product technical acceptability_______________________________. 2. Ability to deliver product in time frame required.__ 3. Cost/Price _________________________Technical and ability to deliver in time frame, when combined, are approximately equal to cost or price. The following factors shall be used to evaluate offers: Price, technical capability, and past performance. To be considered for award, interested vendors shall submit: 1) a Quote on company or formal letterhead containing the offeror's DUNS number, address, and socio-economic status, and detailing the item description, variance from the posted required specifications, acceptable payment method (credit card, ACH/EFT, or either), unit price per item and total price; 2) Completed Small Square Straw Bale IDIQ Schedule spreadsheet (see ATTACHMENT 2). The provision 52.212-3 Offeror Representations and Certifications -Commercial Items applies to this solicitation. The contractor shall complete the on-line Offeror Representations and Certifications www.SAM.gov or return a completed copy of the Offeror Representations and Certifications with their quotation. SAM registration is required. 52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JAN 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.Definitions. As used in this provision‐‐"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Civil judgment" means‐‐In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces."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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA‐approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are‐‐Department of Labor Wage and Hour Division (WHD) for‐‐The Fair Labor Standards Act;The Migrant and Seasonal Agricultural Worker Protection Act;40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act;41 U.S.C. chapter 67, formerly known as the Service Contract Act; The Family and Medical Leave Act; andE.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);Department of Labor Occupational Safety and Health Administration (OSHA) for‐‐The Occupational Safety and Health Act of 1970; andOSHA‐approved State Plans;Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for‐‐Section 503 of the Rehabilitation Act of 1973;The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; andE.O. 11246 of September 24, 1965 (Equal Employment Opportunity);National Labor Relations Board (NLRB) for the National Labor Relations Act; andEqual Employment Opportunity Commission (EEOC) for‐‐Title VII of the Civil Rights Act of 1964;The Americans with Disabilities Act of 1990;The Age Discrimination in Employment Act of 1967; andSection 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service-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; orPerformed 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)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:The Fair Labor Standards Act.The Occupational Safety and Health Act (OSHA) of 1970.The Migrant and Seasonal Agricultural Worker Protection Act.The National Labor Relations Act.40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act.41 U.S.C. chapter 67, formerly known as the Service Contract Act.E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).Section 503 of the Rehabilitation Act of 1973.The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.The Family and Medical Leave Act.Title VII of the Civil Rights Act of 1964.The Americans with Disabilities Act of 1990.The Age Discrimination in Employment Act of 1967.E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA‐approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."Manufactured end product" means any end product in product and service codes (PSCs) 1000‐9999, except-PSC 5510, Lumber and Related Basic Wood Materials;Product or Service Group (PSG) 87, Agricultural Supplies;PSG 88, Live Animals;PSG 89, Subsistence;PSC 9410, Crude Grades of Plant Materials;PSC 9430, Miscellaneous Crude Animal Products, Inedible;PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;PSC 9610, Ores;PSC 9620, Minerals, Natural and Synthetic; andPSC 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-Are conducted under contract directly and exclusively with the regional government of southern Sudan;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;Consist of providing goods or services to marginalized populations of Sudan;Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;Consist of providing goods or services that are used only to promote health or education; orHave been voluntarily suspended. Sensitive technology-Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-To restrict the free flow of unbiased information in Iran; orTo disrupt, monitor, or otherwise restrict speech of the people of Iran; andDoes 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"-Means a small business concern-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 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.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‐‐Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by‐‐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; andEach 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); andThe 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-Directly by a parent corporation; or 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-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; andThe 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 ‐‐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; andWhose 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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(b)Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.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.]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.Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.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.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.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.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.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-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; andIt [_] 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.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-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; andIt [_] 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.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.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: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‐‐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; andIt [_] 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.Representations required to implement provisions of Executive Order 11246 ‐‐Previous contracts and compliance. The offeror represents that ‐‐It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; andIt [_] has, [_] has not, filed all required compliance reports.Affirmative Action Compliance. The offeror represents that ‐‐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), orIt [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.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.Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225‐1, Buy American - Supplies, is included in this solicitation.)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."Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary]The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.(g)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.)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."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]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: [List as necessary]The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.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]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]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]Trade Agreements Certificate. (Applies only if the clause at FAR 52.225‐5, Trade Agreements, is included in this solicitation.)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."The offeror shall list as other end products those end products that are not U.S.‐ made or designated country end products.Other End ProductsLine Item No.: Country of Origin: [List as necessary]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.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‐‐[_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;[_] 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[_] 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[_] 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.Taxes are considered delinquent if both of the following criteria apply: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.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.Examples.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.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.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.

HVAC VFD replacement

Department of the Navy, Military Sealift Command | Published November 27, 2017  -  Deadline November 29, 2017
cpvs

Military Sealift Command Combined Synopsis and Solicitation Notice Information 1. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 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. 2. Solicitation number is N32205-18-Q-0093 and is being issued as a Request for Quotes (RFQ).  3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94, effective 19 Jan 2017. 4. The associated NAICS code is 333612 this procurement: 1 is not being set-aside for small businesses. 0 is being set-aside for small businesses.  The small business size standard is. 5. Military Sealift Command (MSC), Norfolk, VA is requesting a quote in support of the service requirement for SO 18-015 original equipment manufacturer (OEM) representative to repair failed VFD system on #5 AC unit. Original equipment manufacturer (OEM) parts and authorized services reps are required. Original Manufacturer is ABB. Any offer for other than OEM parts and service reps will not be considered. The Period of Performance is 4 Dec 2017 - 17 Dec 2017 and the location of the service is Norfolk, VA.                                SERVICE  1.0 ABSTRACT:1.1 This item describes the requirement for original equipment manufacturer (OEM) representative to repair failed VFD system on #5 AC unit.2.0 REFERENCES:2.1 Technical Manual T9516-A8-MMC-010, Refrigeration Plant, Cargo. 2.2 T9516-A8-MMC-01C; Technical Manual for Refrigeration Plant, Cargo for USNS AKE 1 Class3.0 ITEM LOCATION/DESCRIPTION:3.1 Location/Quantity:3.1.1 Location:  AMR (5-58-01). 3.1.2 Quantity: One (1) each Air Condition Refrigeration Plants, York Marine AB VSM89, Capacity-210 KW Nominal, #5.3.1.3 HVAC Support Equipment described at Various Locations. 3.1.4 CFM: One (1) Module (ACS800-104-0460-5+C126+E205+V991)4.0 GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/SERVICES: None.5.0 NOTES:5.1 Period of Performance: 4-17 December 2017.5.2 Performance Location: Naval Base Norfolk, Va. 5.3 Port Engineer Contact: George Kipp (757) 544-1886  george.h.kipp@navy.mil5.4 Performance Location and Period of Performance dates provided are best known locations and dates at time of submission of these requirements and are subject to change.  A Condition Report shall be submitted to the Port Engineer and Contracting Officer requesting modification of the contract due to travel costs.5.5 Provide an access list of all personnel boarding the ship.  The list shall include the following: Persons full name SSN, or passport #, or naturalization # Place of birth Date of birth   5.6The Contractor shall be responsible for proper and timely submital of all access requirements to include, but not limited to, EPIC, DBIS and base/port access.5.7THIS SHIP CONTAINS HIGH VOLTAGE (HV) ELECTRICAL SYSTEMS. OBEY ALL POSTED AND VERBAL INSTRUCTIONS REGARDING SAFETY AND EXCLUSION FROM HIGH VOLTAGE AREAS. AT NO TIME APPROACH, WORK ON, OR ENTER A HIGH VOLTAGE AREA WITHOUT PROPER AUTHORIZATION.5.8THE T-AKE CLASS ELECTRICAL COLOR CODING DOES NOT FOLLOW CONSISTENT COLOR SCHEME. THE SHIP IS KNOWN TO HAVE CURRENT CARRYING CONDUCTORS COLORED GREEN, BLUE, BLACK, AND WHITE. ASSUME ALL ELECTRICAL CABLES ARE ENERGIZED UNTIL TESTED AND PROVEN OTHERWISE. TEST ALL ELECTICAL CABLES TO ENSURE THEY ARE DE-ENERGIZED PRIOR TO WORKING ON THE ITEM.6.0QUALITY ASSURANCE REQUIREMENTS: None additional.7.0STATEMENT OF WORK REQUIRED:7.1Provide original equipment manufacturer (OEM) Technical Representative, and using ship's crew assistance, references 2.0 for guidance, replace module (ACS800-104-0460-5+C126+E205+V991)7.2Perform pre-operational inspections and operational tests. 7.3Perform Operational test of the start-up and shutdown cycles.7.3.1Verify all preset values prior to system operational test and record.7.4Inspect A/C No. 5 VSD intermittent communication errors. Check parameters and recalibrate if necessary. 7.5Provide a service report that includes:7.5.1The "as found" condition of cargo refrigeration and air conditioning plants.7.5.2Details of all maintenance and repairs that were accomplished. 7.6Manufacturer's Representative:Casey JonesSenior Engineercasey.jones@jokell.com757-523-29008.0GENERAL REQUIREMENTS: None additional.   7. The required delivery and acceptance date is listed below. N/A 8. The provision at FAR 52.212-1, Instructions to Offerors - Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows: 52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS a. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate. b. The term "offeror" or "offer" as used in FAR 52.212-1 shall be understood to mean "quoter" and "quote," respectively. Further, the term "award" shall be understood to describe the Government's issuance of an order. c. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable. 9.Provision 52.212-2 Evaluation-Commercial Items (Oct 2014) applies to this acquisition. (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;(ii) price;(iii) past performance (see FAR 15.304);Award shall be made to the lowest priced technically acceptable offeror.(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)10. All offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications - Commercial Items with its offer. 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Jan 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--"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Civil judgment" means--(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, 'Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces."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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--(1) Department of Labor Wage and Hour Division (WHD) for--(i) The Fair Labor Standards Act;(ii) The Migrant and Seasonal Agricultural Worker Protection Act;(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;(vi) The Family and Medical Leave Act; and(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--(i) The Occupational Safety and Health Act of 1970; and(ii) OSHA-approved State Plans;(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--(i) Section 503 of the Rehabilitation Act of 1973;(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);(5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and(6) Equal Employment Opportunity Commission (EEOC) for--(i) Title VII of the Civil Rights Act of 1964;(ii) The Americans with Disabilities Act of 1990;(iii) The Age Discrimination in Employment Act of 1967; and(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act)."Forced or indentured child labor" means all work or service-(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties."Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner."Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:(1) The Fair Labor Standards Act.(2) The Occupational Safety and Health Act (OSHA) of 1970.(3) The Migrant and Seasonal Agricultural Worker Protection Act.(4) The National Labor Relations Act.(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).(8) Section 503 of the Rehabilitation Act of 1973.(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.(10) The Family and Medical Leave Act.(11) Title VII of the Civil Rights Act of 1964.(12) The Americans with Disabilities Act of 1990.(13) The Age Discrimination in Employment Act of 1967.(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and 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 ProductsLine 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 ProductListed 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.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.](1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that-(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(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.)

MathType License Renewal

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published November 27, 2017  -  Deadline November 30, 2017
cpvs

(I) 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 and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NRMJ2000-18-00259CM2. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96 (Deviation 2017-01). (IV) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 541519. The small business size standard is $27.5M. (V) This combined solicitation/synopsis is for the purchase of the following commercial item(s): CLIN 0001: BASE YEAR- SERVICES NON-PERSONAL TO PROVIDE ALL LABOR, EQUIPMENT AND MATERIALS (UNLESS OTHERWISE PROVIDED HEREIN) NECESSARY FOR renewal of a corporate subscription, site license, non-reseller, English language version, for up to 170 users, for the "MathType" Microsoft Word add-in software from Design Science. CLIN 1001: OPTION YEAR 1- SERVICES NON-PERSONAL TO PROVIDE ALL LABOR, EQUIPMENT AND MATERIALS (UNLESS OTHERWISE PROVIDED HEREIN) NECESSARY FOR renewal of a corporate subscription, site license, non-reseller, English language version, for up to 170 users, for the "MathType" Microsoft Word add-in software from Design Science. CLIN 2001: OPTION YEAR 2- SERVICES NON-PERSONAL TO PROVIDE ALL LABOR, EQUIPMENT AND MATERIALS (UNLESS OTHERWISE PROVIDED HEREIN) NECESSARY FOR renewal of a corporate subscription, site license, non-reseller, English language version, for up to 170 users, for the "MathType" Microsoft Word add-in software from Design Science. CLIN 3001: OPTION YEAR 3- SERVICES NON-PERSONAL TO PROVIDE ALL LABOR, EQUIPMENT AND MATERIALS (UNLESS OTHERWISE PROVIDED HEREIN) NECESSARY FOR renewal of a corporate subscription, site license, non-reseller, English language version, for up to 170 users, for the "MathType" Microsoft Word add-in software from Design Science. CLIN 4001: OPTION YEAR 4- SERVICES NON-PERSONAL TO PROVIDE ALL LABOR, EQUIPMENT AND MATERIALS (UNLESS OTHERWISE PROVIDED HEREIN) NECESSARY FOR renewal of a corporate subscription, site license, non-reseller, English language version, for up to 170 users, for the "MathType" Microsoft Word add-in software from Design Science. (VI) Description of requirements is as follows: This statement of work is for renewal of a divisional license to the MathType program, an add-on to Microsoft Word for the typesetting of complex mathematical equations. Place of Performance:ESRL Physical Sciences Division,325 Broadway, R/PSDBoulder, CO 80305 This is a brand-name requisition. The American Meteorological Society (AMS) is specific in their request that the MathType program be used in submissions to their journals. As an organization whose mission includes conducting research in climate and weather processing, Earth System Research Laboratory (ESRL) Physical Science Division (PSD) scientists often publish in the journals and conferences of the AMS. The AMS requests members submit their manuscripts in MS Word using the MathType add-on to typeset equations, as it is more compatible with their electronic typesetting system. No other license/software will be accepted.(VII) Period of Performance:Base Year: 30 December 2017 - 29 December 2018Option Year 1: 30 December 2018 - 29 December 2019Option Year 2: 30 December 2019 - 29 December 2020Option Year 3: 30 December 2020 - 29 December 2021Option Year 4: 30 December 2021 - 29 December 2022 (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (JAN 2017), applies to this acquisition. This is a Best Value Acquisition. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.Enter specific Instructions below1. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable and can be sent to casey.mclean@noaa.gov.2. Contractor shall have an active registration in the System for Award Management (SAM found at www.SAM.gov in order to be eligible for award.3. Provide all evaluation criteria in accordance with FAR 52.212-2 in this package. "THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT". CAM 1352.215-72 Inquiries (APR 2010)OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING TO CASEY.MCLEAN@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO LATER THAN 12:00 P.M. MDT/MST, 11/28/2017. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause) (IX) FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (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. All factors have the same value.Paragraph (a) is hereby completed as follows: Evaluation will be based on 1) Authorized resellers of Design Science's software Mathtype only, please provide letter of authorization from Design Science. Quotes from non-authorized vendors will not be accepted.2) Price.The Government intends to award a best value, firm fixed-price purchase order on an all or none basis with payment terms of Net 30. (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) (X) FAR 52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2017)The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://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."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."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."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."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women."Women-owned small business concern" means a small business concern.(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women."Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications.Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.[Offeror to identify the applicable paragraphs at (c) through (t) 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 will be performed in the United States or its outlying areas. Check all that apply.(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that.(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse 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.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.(8) Women-owned business concern (other than small business concern). [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) of this provision) as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements.Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, 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;(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 appeal rights.(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [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 .](1) Listed end products.Listed End ProductListed 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 it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly.(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or(2) □ Outside the United States.(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]□ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that.(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(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 e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.(2) Representation and Certifications. 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 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.(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 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(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 website 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 website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.(iii) A publicly accessible website includes the Offeror's own website 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 website(s) where greenhouse gas emissions and/or reduction goals are reported:_________________.

Non-Destructive Test Support

Department of the Air Force, Air Force Materiel Command | Published November 27, 2017  -  Deadline December 13, 2017
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This is a combined synopsis/solicitation for commercial services and/or supplies 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 is a Request for Quote (RFQ) and the solicitation number for this requirement is FA2823-18-Q-0012. The Contracting Squadron at Eglin, AFB, Florida, requires Non-Destructive Test Support. This procurement is unrestricted. DESCRIPTION OF REQUIREMENT: CLIN 0001: Non-Destructive Test support for D-RAPCON RADAR antenna located at the McKinley Laboratory on Eglin AFB, FL in accordance with (IAW) Performance Work Statement (PWS) dated 21 November 2017. Service provider will provide all required equipment, technicians and materials to perform all required NDT measurements listed in the PWS, as well as calibration and any site preparation necessary IAW the PWS.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-93 effective 1 January 2017, DFAR DPN 20161222, and AFFAR AFAC 2016-0603. The North American Industry Classification System code (NAICS) is 541380, Testing Laboratories, with a size standard of $15M. A firm fixed price contract will be awarded. In accordance with, FAR 52.212-1(b)(4), offerors are reminded that as a minimum, offers must show a technical description of the items being offered insufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.Rating Description:Acceptable - Quote clearly meets the minimum requirements of the solicitation.Unacceptable Quote - does not clearly meet the minimum requirements of the solicitation.Specific Instructions:a. All offerors are required to complete and submit Attachment #4 of this solicitation IAW 252.209- 7999, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law. BASIS FOR AWARD: 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. The following factors shall be used to evaluate offers: Lowest Priced Technically Acceptable (LPTA) approach. DELIVERY ADDRESS: Eglin AFB, FL 32542 PROVISIONS/CLAUSES: Provisions and clauses may be obtained via the internet through the following websites: http://farsite.hill.af.mil, http://www.arnet.gov/far/, or http://safaq.hq.af.mil/contracting. The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by reference: - FAR 52.204-7, System for Award Management- FAR 52.212-1, Instructions to Offerors-Commercial Items - FAR 52.212-4, Contract Terms and Conditions--Commercial Items- FAR 52.219-1, Small Business Program Representations- FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications- FAR 52.232-39, Unenforceability of Unauthorized Obligations- FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors- FAR 52.233-3 Protest After Award- FAR 52.237-2, Protection of Government Building, Equipment and Vegetation- FAR 52.247-34, F.O.B. DestinationThe following Defense Federal Acquisition Regulation (DFAR) provisions and clauses apply to this solicitation and are incorporated by reference: - DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials- DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights- DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials- DFARS 252.204-7003, Control of Government Personnel Work Product- DFARS 252.204-7004 Alt A, System for Award Management Alternate A- DFARS 252.204-7011, Alternative Line Item Structure- DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting- DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors- DFARS 252.223-7008, Prohibition of Hexavalent Chromium- DFARS 252.225-7048, Export Controlled Items- DFARS 252.232-7003, Electronic Submission of Payment Requests- DFARS 252.232-7010, Levies on Contract Payments- DFARS 252.243-7001, Pricing of Contract Modifications- DFARS 252.244-7000, Subcontract for Commercial Items- DFARS 252.247-7023, Transportation of Supplies by Sea The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by full text:52.212-3 Offeror Representations and Certifications -- Commercial Items (Jan 2017) Alternate IThe 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--"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B in the DOL Guidance."Civil judgment" means--(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces."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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--(1) Department of Labor Wage and Hour Division (WHD) for--(i) The Fair Labor Standards Act;(ii) The Migrant and Seasonal Agricultural Worker Protection Act;(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;(vi) The Family and Medical Leave Act; and(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--(i) The Occupational Safety and Health Act of 1970; and(ii) OSHA-approved State Plans;(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--(i) Section 503 of the Rehabilitation Act of 1973;(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and(5) Equal Employment Opportunity Commission (EEOC) for--(i) Title VII of the Civil Rights Act of 1964;(ii) The Americans with Disabilities Act of 1990;(iii) The Age Discrimination in Employment Act of 1967; and(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act)."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)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:(1) The Fair Labor Standards Act.(2) The Occupational Safety and Health Act (OSHA) of 1970.(3) The Migrant and Seasonal Agricultural Worker Protection Act.(4) The National Labor Relations Act.(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).(8) Section 503 of the Rehabilitation Act of 1973.(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.(10) The Family and Medical Leave Act.(11) Title VII of the Civil Rights Act of 1964.(12) The Americans with Disabilities Act of 1990.(13) The Age Discrimination in Employment Act of 1967.(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and 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.(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)[The offeror shall check the category in which its ownership falls]:____ Black American.___ Hispanic American.___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).___ Individual/concern, other than one of the preceding.(d) 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 ProductsLine 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 ProductListed 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.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.](1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that-(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(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.

Large Square Straw Bale IDIQ Contract - FY18

Department of Agriculture, Animal and Plant Health Inspection Service | Published November 27, 2017  -  Deadline December 14, 2017
cpvs

The straw must be from year 2017 or 2018 crop and meet the specifications listed below.No straw will be accepted that is moldy, weathered, and weedy, wet, or shows poor construction. . Straw shall not contain injurious foreign material.The straw shall be satisfactorily baled with rot-proof twine making a 3' X 3' X 8', 3' X 4' X 8', or a 4' X 4' X 8' bale. Bales that are ragged or bales having twine of unequal tension, which makes it difficult to handle, will not be acceptable. ROUND BALES WILL NOT BE ACCEPTABLEDELIVERIESIt will be requested that contractor call (515) 337-7248 prior to delivery.Delivery shall be direct from fields or barns via clean vehicles not used for transportation of livestock. Shipment by rail is not acceptable. Deliveries shall be made to: USDA, ARS, MWA, NADC, 1920 Dayton Avenue, Building 13, Ames, Iowa 50010. Deliveries shall be made during normal business hours of 7:30 a.m. through 2:30 p.m. (CST) Monday through Friday, excluding Federal holidays. It is required by the ICC that both the empty and loaded weight must be obtained from the same weighing station. The Contractor shall provide the Government with a certified copy of the loaded weight ticket at the time of each delivery, which must be obtained at an Official Weighing Station with the firm's name inscribed on the weigh ticket.A DELIVERY TICKET must accompany the weigh ticket also, allowing for a signature of a person making the delivery and a signature of government personnel receiving the straw. The delivery ticket must list the number of bales per load.The Government will be responsible for unloading the bales from the vendor's vehicle and stacking the bales in an area designated by the Government.STORAGEIf the straw is not delivered directly from the field the successful quoter shall store the straw at no additional cost to the Government until such time as all deliveries have been made and the contract has been completed.INSPECTIONThe Government reserves the right to inspect the premises and origin of straw before, and at any time after the contract is consummated to assure that the straw is not being contaminated with dangerous pathogens. The Government reserves the right to make inspection of fields, barns where the straw is being stored, and the bales to determine quality and freedom from animal contaminations and also to assure that the quoter's operations will meet conditions required.Final inspection will be made at time of delivery to the National Animal Disease Center, and the straw must meet specifications & requirements as specified herein or it will not be accepted. It will be required that the straw not be unloaded until inspected and approved by Government personnel.Award will be based upon technical acceptability, best value and ability to deliver ARO. FAR 52.232-18, Availability of Funds (APR 1984) in included in this solicitation and any resulting contract. Funds obligation is contingent upon the approval of a FY18 Budget. No contract performance is to take place without notification from the Contracting Officer. NOTE: Guidance in this solicitation for actions within SAM are now conducted through the Single Award Management system found at www.sam.gov. Vendors MUST have a record showing "Active" at the time of quote submittal to be considered for award. 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014)(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-(1) The solicitation number;(2) The time specified in the solicitation for receipt of offers;(3) The name, address, and telephone number of the offeror;(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;(5) Terms of any express warranty;(6) Price and any discount terms;(7) "Remit to" address, if different than mailing address;(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);(9) Acknowledgment of Solicitation Amendments;(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.(f) Late submissions, modifications, revisions, and withdrawals of offers.(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or(C) If this solicitation is a request for proposals, it was the only proposal received.(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.(i) Availability of requirements documents cited in the solicitation.(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978.(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:(i) ASSIST (https://assist.dla.mil/online/start/);(ii) Quick Search (http://quicksearch.dla.mil/);(iii) ASSISTdocs.com (http://assistdocs.com).(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.(4) A summary of the rationale for award;(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)The provision at 52.212-2 Evaluation - Commercial Items applies to this solicitation. Award will be made to the responsible offeror whose offer conforming to this combined synopsis/solicitation will be most advantageous to the Government, price and other factors considered. 52.212-2 Evaluation-Commercial Items. (Oct 2014) Evaluations will be conducted in accordance with Simplified Acquisition Procedures (FAR Part 13.106‐2). 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:1. Product technical acceptability_______________________________. 2. Ability to deliver product in time frame required.__ 3. Cost/Price _________________________Technical and ability to deliver in time frame, when combined, are approximately equal to cost or price. The following factors shall be used to evaluate offers: Price, technical capability, and past performance. To be considered for award, interested vendors shall submit: 1) a Quote on company or formal letterhead containing the offeror's DUNS number, address, and socio-economic status, and detailing the item description, variance from the posted required specifications, acceptable payment method (credit card, ACH/EFT, or either), unit price per item and total price; 2) Completed Large Square Straw Bale IDIQ Schedule spreadsheet (see ATTACHMENT 2). The provision 52.212-3 Offeror Representations and Certifications -Commercial Items applies to this solicitation. The contractor shall complete the on-line Offeror Representations and Certifications www.SAM.gov or return a completed copy of the Offeror Representations and Certifications with their quotation. SAM registration is required. 52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JAN 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.Definitions. As used in this provision‐‐"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Civil judgment" means‐‐In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces."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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA‐approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are‐‐Department of Labor Wage and Hour Division (WHD) for‐‐The Fair Labor Standards Act;The Migrant and Seasonal Agricultural Worker Protection Act;40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act;41 U.S.C. chapter 67, formerly known as the Service Contract Act; The Family and Medical Leave Act; andE.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);Department of Labor Occupational Safety and Health Administration (OSHA) for‐‐The Occupational Safety and Health Act of 1970; andOSHA‐approved State Plans;Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for‐‐Section 503 of the Rehabilitation Act of 1973;The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; andE.O. 11246 of September 24, 1965 (Equal Employment Opportunity);National Labor Relations Board (NLRB) for the National Labor Relations Act; andEqual Employment Opportunity Commission (EEOC) for‐‐Title VII of the Civil Rights Act of 1964;The Americans with Disabilities Act of 1990;The Age Discrimination in Employment Act of 1967; andSection 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service-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; orPerformed 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)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:The Fair Labor Standards Act.The Occupational Safety and Health Act (OSHA) of 1970.The Migrant and Seasonal Agricultural Worker Protection Act.The National Labor Relations Act.40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act.41 U.S.C. chapter 67, formerly known as the Service Contract Act.E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).Section 503 of the Rehabilitation Act of 1973.The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.The Family and Medical Leave Act.Title VII of the Civil Rights Act of 1964.The Americans with Disabilities Act of 1990.The Age Discrimination in Employment Act of 1967.E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA‐approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."Manufactured end product" means any end product in product and service codes (PSCs) 1000‐9999, except-PSC 5510, Lumber and Related Basic Wood Materials;Product or Service Group (PSG) 87, Agricultural Supplies;PSG 88, Live Animals;PSG 89, Subsistence;PSC 9410, Crude Grades of Plant Materials;PSC 9430, Miscellaneous Crude Animal Products, Inedible;PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;PSC 9610, Ores;PSC 9620, Minerals, Natural and Synthetic; andPSC 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-Are conducted under contract directly and exclusively with the regional government of southern Sudan;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;Consist of providing goods or services to marginalized populations of Sudan;Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;Consist of providing goods or services that are used only to promote health or education; orHave been voluntarily suspended. Sensitive technology-Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-To restrict the free flow of unbiased information in Iran; orTo disrupt, monitor, or otherwise restrict speech of the people of Iran; andDoes 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"-Means a small business concern-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 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.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‐‐Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by‐‐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; andEach 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); andThe 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-Directly by a parent corporation; or 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-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; andThe 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 ‐‐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; andWhose 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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(b)Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.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.]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.Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.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.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.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.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.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-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; andIt [_] 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.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-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; andIt [_] 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.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.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: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‐‐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; andIt [_] 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.Representations required to implement provisions of Executive Order 11246 ‐‐Previous contracts and compliance. The offeror represents that ‐‐It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; andIt [_] has, [_] has not, filed all required compliance reports.Affirmative Action Compliance. The offeror represents that ‐‐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), orIt [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.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.Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225‐1, Buy American - Supplies, is included in this solicitation.)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."Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary]The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.(g)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.)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."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]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: [List as necessary]The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.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]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]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]Trade Agreements Certificate. (Applies only if the clause at FAR 52.225‐5, Trade Agreements, is included in this solicitation.)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."The offeror shall list as other end products those end products that are not U.S.‐ made or designated country end products.Other End ProductsLine Item No.: Country of Origin: [List as necessary]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.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‐‐[_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;[_] 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[_] 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[_] 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.Taxes are considered delinquent if both of the following criteria apply: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.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.Examples.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.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.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.

COMPUTERS

Department of Health and Human Services, Indian Health Service | Published November 27, 2017  -  Deadline December 13, 2017
cpvs

SCOPE OF WORK:ALL QUESTIONS REGARDING THIS SOLICITAITON SHALL BE SUBMITTED VIA EMAIL TO donna.harjo@ihs.gov. No phone calls please. This procurement is being set aside for 100% Native American Owned Small Businesses: NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE SET-ASIDE - Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises (Subpart 1480.8) that are also small business concerns. INDIAN ECONOMIC ENTERPRISE REPRESENTATIONThe offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in 48 C.F.R. § 370.502(b). 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. The Indian Health Service (IHS), Nashville Area Office intends to award a firm-fixed price contract in response to this Request for Quote (RFQ). Evaluation will be based on lowest price technically acceptable. The solicitation number for this procurement is 285-18-RFQ-0003 and is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-96, Effective November 06, 2017. The associated North American Industry Classification System code (NAICS) is 334111 Electronic Computer Manufacturing, and the size standard is 1250 employees. The Indian Health Service, Nashville Area Office is requesting quotes for the items listed below. Desktop computers to be shipped for configuration to: Nashville Area OfficeAttn: Mitch Wright711 Stewarts Ferry PikeNashville, TN 37214Phone: 615-4647-1525 UNIT TOTALDESCRIPTION OF ITEMS QTY PRICE PRICE Processor - Intel® CoreTM i7-6700 (QC/8MB/8T/3.4GHz /65W); supports Windows 7/8.1/10 /LinuxOperating System(s) - Ubuntu Linux 16.04,FI,WWMicrosoft Application Software - No Productivity SoftwareChassis Options - OptiPlex 7050 SFF with 180W up to 85% efficient Power Supply (80Plus Bronze)Video Card - Intel Integrated GraphicsMemory - 16GB (2x8GB) 2400MHz DDR4 MemorySystems Management - No Out-of-Band SystemsManagementHard Drive - 500GB (5,400 Rpm) 2.5inch Solid State Hybrid Hard DriveAdditional Hard Drive - No Additional Hard DriveHard Drive Software - Intel ® Ready Mode TechnologyRAID Connectivity - NO RAIDCD ROM/DVD ROM - 8x DVD-ROM 9.5mm Optical Disk Drive Optical Software - CMS software not includedNetwork Card - No Bcom requiredWireless - No WirelessMedia Card Reader - No Media Card Reader SelectedExternal Storage and USB Keys - NoneKeyboard Dell - KB813 Smart Card Keyboard (US)Mouse - Dell MS116 Wired Mouse BlackDell Data Security Suites Encryption and Threat Pr - No Dell Data Protection | Endpoint Security Suite SoftwareDell Data Security Encryption - No DDPE Encryption SoftwareDell Data Security for Small and Medium Business - NoneFGA Module - No FGAOptiPlex 7050 SFF - OptiPlex 7050 SFF XCTOHard Drive Cables and Brackets - 1 2.5 Inch Hard Drive CaddyPower Cord - System Power Cord (English)Diagnostic CD / Diskette - No Diagnostic/Recovery CD mediaNon-Microsoft Application Software - Ubuntu Linux                  22 ea $_____ $ ______ 2. SHIPPING                                                                          1 ea $______ $______                                                                                       TOTAL $___________ PERIOD OF SERVICE The performance period proposed in this contracting action will be 30 days from the date of award. There will be no option years. REPORTING REQUIREMENTS A. The Contractor shall be required to provide an original and one copy of invoices to:a. Nashville Area Office, Indian Health ServicesFinancial ManagementAttn: Hayley Fleek 711 Stewarts Ferry Pike Nashville, Tennessee 37214 B. Each invoice shall include the following information:1. Contractor's name, tax identification number and Invoice Date; 2. Contract Number or other Authorization for delivery of services;3. Description, price, quantity, and address of services actually rendered;4. Payment terms; 5. Other substantiating documentation or information as required by the contract; and 6. Name, title, phone number, and complete mailing address of official to whom payment is to be sent. C. Invoices shall be submitted no later than ten (10) calendar days following last calendar day of the month. FEDERAL, STATE, AND LOCAL TAXES Contractor understands that the government does not pay any IRS requirements (taxes), insurance or any other benefits for the contractor under this contract. This is in accordance with (FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) and FAR 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (NON-COMPETITIVE CONTRACT [FEB 2013]). Clauses may be assessed electronically at https://www.acquisition.gov/far/index.html CLAUSES INCORPORATED BY FULL TEXT Full text of the Federal Acquisition Regulation (FAR) and Health and Human Services Acquisition Regulations (HHSAR) can be accessed on the Internet at:https://www.acquisition.gov/ http://www.hhs.gov/policies/hhsar/https://www.doi.gov/pam/programs/acquisition/pamareg 52.212-3 Offeror Representations and Certifications-Commercial Items. (NOV 2017)The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://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."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."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."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."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women."Women-owned small business concern" means a small business concern.(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women."Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications.Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (t) 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 will be performed in the United States or its outlying areas. Check all that apply.(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that.(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse 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. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [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) of this provision) as defined in the clause of this solicitation entitled "Buy American.Free Trade Agreements.Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, 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;(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 appeal rights.(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [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 .] (1) Listed end products. 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 it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly. (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or(2) □ Outside the United States.(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that. (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(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 e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. 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 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.(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 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(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 website 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 website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible website includes the Offeror's own website 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 website(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).

CASE Stress Test Equipment

General Services Administration, Federal Acquisition Service (FAS) | Published November 24, 2017  -  Deadline December 11, 2017
cpvs

SOLICITATION FOR COMMERCIAL ITEMS General InformationSolicitation Number: ID08170136Original Response Date: December 11, 2017Current Response Date: December 11, 2017Product or Service Code: 65 - Medical, Dental, and Veterinary Equipment and SuppliesNAICS Code: 334510 - Electromedical and Electrotherapeutic Apparatus ManufacturingContracting Office AddressGSA Region 08PO Box 25530Denver, CO 80225United StatesRequiring Agency and Office AddressDepartment of Veteran's Affairs2121 North AveGrand Junction, CO 81503DescriptionThis is a brand name solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items." The Government requires CASE version 6.7 Premium System with 12SL to include a compatible treadmill. This announcement constitutes the only solicitation. This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96. The associated North American Industrial Classification System (NAICS) code for this procurement is 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing, size standard 1,250 employees. This solicitation is a total small business set-aside with a preference for Service-Disabled-Veteran-Owned Small Business. The General Services Administration, Federal Acquisition Service, Rocky Mountain Region (08) is seeking to purchase cardio stress test equipment including monitoring software and related equipment, treadmill, and other accessories necessary to deliver a usable system. Supplies Price Table Line Item Description Quantity Unit Unit Price Total Price0001 GE Healthcare Cardio Stress Test Equipment CASE 6.7 Premium System with 12SL 1 NSP $_________ $___________0002 Treadmill 1 EA $_________ $___________ Delivery shall be provided within 90 calendar days after contract award. Delivery terms: FOB destination - The contractor shall deliver all materials and equipment to Susan Brett-Farnsworth, susan.brett-farnsworth@va.gov, 970-248-5590.Place of DeliveryAddress: GJVHS2121 North Ave, WarehouseGrand Junction, CO Postal Code: 80153Country: UNITED STATES Basis of Award Award shall be made to the Offeror representing the overall best value on the basis of technical acceptability and low price. Contract Clauses and Provisions The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition:1. FAR 52.212-1, "Instructions to Offerors-Commercial Items" (Jan 2017), applies to this acquisition.2. FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items" (JAN 2017) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items." If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. The following contract clauses apply to this acquisition: 1. FAR 52.212-4, "Contract Terms and Conditions-Commercial Items" (JAN 2017) 2. FAR 52.212-5, "Contract Terms and Conditions Required to Implement Statutes or Executive Orders" (JAN 2017) The following subparagraphs of FAR 52.212-5 are applicable: X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved].__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved].__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Jan 2011) of 52.219-4. __ (13) [Reserved]X__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011).__ (iii) Alternate II (Nov 2011).__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). __ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. __ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3.X__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). X__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. X__ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X__ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)). __ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (6) 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). __ (7) 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). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). ProvisionsVAAR 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.Deviation per Class Deviation-Veterans First Contracting Program (VFCP 2016), dated July 25, 2016, revises the clause at VAAR 852.215-70 to update the web address for the VIP database. This deviation is effective until incorporated into the VAAR or the VAAM or is otherwise rescinded.]As prescribed in 815.304-71(a), insert the following clause: SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016) (DEVIATION)(a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled Veteran-owned or Veteran-owned small business status and their proposed use of eligible service-disabled Veteran-owned small businesses and Veteran-owned small businesses as subcontractors.(b) Eligible service-disabled Veteran-owned offerors will receive full credit, and offerors qualifying as Veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database (https://www.vip.vetbiz.gov).(c) Non-Veteran offerors proposing to use service-disabled Veteran-owned small businesses or Veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database (https://www.vip.vetbiz.gov).(End of Clause) VAAR 852.215-71 Evaluation Factor Commitments.As prescribed in 815.304-71(b), insert the following clause: EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause) ITSS Registration The successful offeror will be contacted by GSA Federal Acquisition Services (FAS) and instructed to register on the IT Solutions Shop (ITSS) website. When registering on ITSS, the Contractor's address to be entered is the address associated with the DUNS Number the contractor used when registering on www.sam.gov. Award will not be made until the contractor is successfully registered in ITSS. Invoice Submission The Contractor is required to submit invoices electronically via the detailed instructions provided at: https://web.itss.gsa.gov/itss/v41_helpdocs.nsf/LUIndex/Elimination_of_Paper_InvoicingThe Contractor is required to upload a copy of its invoice, including all backup documentation into ITSS to facilitate prompt payment. ITSS is GSA FAS's business systems portal. The invoice and ITSS process/registration can be discussed in more detail at post-award meeting if requested. Invoice Requirements All invoices shall be submitted in accordance with the pricing schedule. All invoices shall identify the specific contract line item number (CLIN), description of related task as stated in the specifications, the unit rate and any applicable units executed. Invoices shall be submitted in a timely manner and MUST INCLUDE CONFIRMATION OF DELIVERY to include name, date, and time of person accepting receipt of items. Invoices that do not meet the minimum requirements shall be rejected.Invoices shall be submitted electronically only, unless otherwise specified, to the designated billing office specified in this order.In addition to the requirements for a proper invoice specified in the payment clause 52.212-4 of this order, the following information or documentation must be submitted with each invoice: Contract No.: To be provided at award ACT Number: To be provided at award ITSS Project No.: ID08170136 Project Title: Cardio Stress Test System Evaluation of Quotations 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 listed in descending order of importance: 1) Technical acceptability: A) Preference for Service Disabled Veteran Owned Small Business/Veteran Owned Small Business: Preference for award will be given to SDVOSB and VSOB sources as described in VAAR 815.215-71. B) FAR 52.225-18 Place of Manufacture (MAR 2015) (a) Definitions. As used in this clause- "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-(1) FPSC 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.(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) C) Buy American information including but not limited to pertinent certificates for the equipment/products listed in the Bill of Materials section of this RFQ. The Contractor shall identify a response for each provision listed marking a provision as "not applicable" as determined appropriate. __FAR 52.225-2 Buy American Act Certificate (May 2014) __FAR 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Jan 2016) __FAR 52.225-6 Trade Agreements Certificate (May 2014) __FAR 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification (Aug 2009) __FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications (Dec 2012) D) Delivery schedule must be stated on the quotation response documents. Delivery date: ¬¬¬¬¬¬¬¬¬¬¬¬¬_______________________ (may be stated as X days ARO). 2) Past performance: The government reserves the right to review past performance information either obtained by or provided to the Government including Contractor's proposal, personal knowledge, information contained in the Past Performance Information Retrieval System (PPIRS). 3) Terms and Conditions acceptability: This is a brand name request for quotations for products as defined herein. The government intends to award a contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."OR"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"Offeror shall list exception(s) and rationale for the exception(s). 4) Price information: 1 copy of completed price table "Supplies Price Table" and back up detail including a listing of all required components, including quantity and unit price information. Evaluation The Government intends to award a firm fixed price purchase order on the basis of the best value to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. A comparative evaluation of offers will be used; after preliminary consideration of all quotations that meet the criteria for technical acceptability, award will be made to Offeror determined technically acceptable, lowest fair and reasonable price. Offeror may include Past Performance, which the Government may verify in Past Performance Information Retrieval System (PPIRS) as well as any other discernible information the offeror would like considered as a best value, when compared and evaluated to other offerors. A price evaluation will be performed to determine the price is fair and reasonable. Reasonableness will be determined considering other competitive prices received, comparisons to the Independent Government Estimate, and/or any other information the Contracting Officer deems useful. The quotation shall be sent to the Contracting Officer by electronic mail to heidi.sawyer@gsa.gov. Submission shall be received not later than December 11, 2017, 5:00pm Mountain Time to GSA Region 08, P.O. Box 25530, Denver, CO 80225. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Email quotations will be accepted to heidi.sawyer@gsa.gov, fax quotations will not be accepted. Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contracting Officer, Heidi Sawyer, heidi.sawyer@gsa.gov. Point of ContactContracting Officer Heidi SawyerPhone: 303-236-5032Email: heidi.sawyer@gsa.gov

Grass Hay Large Square Bale IDIQ Contract - FY18

Department of Agriculture, Animal and Plant Health Inspection Service | Published November 22, 2017  -  Deadline December 7, 2017
cpvs

• The contractor shall assure that the material conforms to the specifications in the contract prior to delivery. DELIVERIESDelivery shall be direct from fields or barns via clean vehicles not used for transportation of livestock. Shipment by rail is not acceptable. Deliveries shall be made to: USDA, ARS, NADC, 1920 Dayton Avenue, Building 13, Ames, IA 50010. Deliveries shall be made during normal business hours of 7:30am through 2:30pm CST Monday through Friday, excluding Federal holidays. The Government requires delivery to be made, in the quantity within five (5) working days after receipt of telephone or written order from an authorized Government employee. Partial deliveries of a minimum quantity may be required. It will be requested that the contractor call 515-337-7248 prior to delivery.It is required by the ICC that both the empty and loaded weight must be obtained from the same weighing station. The Contractor shall provide the Government with a certified copy of the loaded weight ticket at the time of each delivery, which must be obtained at an Official Weighing Station with the firm's name inscribed on the weight ticket. A DELIVERY TICKET must accompany the weigh ticket also, allowing for a signature of a person making the delivery and a signature of government personnel receiving the hay. The delivery ticket must list the number of bales per load.The Government will be responsible for unloading the bales from the vendor's vehicle and stacking the bales in an area designated by the Government.STORAGEIf the hay is not delivered directly from the field, the successful quoter shall store the hay at no additional cost to the Government until such time as all deliveries have been made and the contract has been completed. INSPECTIONThe Government reserves the right to inspect the premises and origin of hay before, and at any time after the contract is consummated to assure that the hay is not being contaminated with dangerous pathogens. The Government reserves the right to make inspection of fields, barns where the hay is being stored, and the bales to determine quality and freedom from animal contaminations and also to assure that the quoter's operations will meet conditions required. Final inspection will be made at time of delivery to the National Animal Disease Center, and the hay must meet specifications & requirements as specified herein or it will not be accepted. It will be required that the hay not be unloaded until inspected and approved by Government personnel. Following delivery, each load of hay will be sampled for forage analysis at the government's expense. Based on the results of this testing, if the load do not meet the minimum specifications, it will be subject to rejection.Award will be based upon technical acceptability, best value and ability to deliver ARO. FAR 52.232-18, Availability of Funds (APR 1984) in included in this solicitation and any resulting contract. Funds obligation is contingent upon the approval of a FY18 Budget. No contract performance is to take place without notification from the Contracting Officer. NOTE: Guidance in this solicitation for actions within SAM are now conducted through the Single Award Management system found at www.sam.gov. Vendors MUST have a record showing "Active" at the time of quote submittal to be considered for award. 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014)(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-(1) The solicitation number;(2) The time specified in the solicitation for receipt of offers;(3) The name, address, and telephone number of the offeror;(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;(5) Terms of any express warranty;(6) Price and any discount terms;(7) "Remit to" address, if different than mailing address;(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);(9) Acknowledgment of Solicitation Amendments;(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.(f) Late submissions, modifications, revisions, and withdrawals of offers.(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or(C) If this solicitation is a request for proposals, it was the only proposal received.(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.(i) Availability of requirements documents cited in the solicitation.(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978.(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:(i) ASSIST (https://assist.dla.mil/online/start/);(ii) Quick Search (http://quicksearch.dla.mil/);(iii) ASSISTdocs.com (http://assistdocs.com).(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.(4) A summary of the rationale for award;(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)The provision at 52.212-2 Evaluation - Commercial Items applies to this solicitation. Award will be made to the responsible offeror whose offer conforming to this combined synopsis/solicitation will be most advantageous to the Government, price and other factors considered. 52.212-2 Evaluation-Commercial Items. (Oct 2014) Evaluations will be conducted in accordance with Simplified Acquisition Procedures (FAR Part 13.106‐2). 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:1. Product technical acceptability_______________________________. 2. Ability to deliver product in time frame required.__ 3. Cost/Price _________________________Technical and ability to deliver in time frame, when combined, are approximately equal to cost or price. The following factors shall be used to evaluate offers: Price, technical capability, and past performance. To be considered for award, interested vendors shall submit: 1) a Quote on company or formal letterhead containing the offeror's DUNS number, address, and socio-economic status, and detailing the item description, variance from the posted required specifications, acceptable payment method (credit card, ACH/EFT, or either), unit price per item and total price; 2) Completed Grass Hay Large Square Bale IDIQ Schedule spreadsheet (see ATTACHMENT 2). The provision 52.212-3 Offeror Representations and Certifications -Commercial Items applies to this solicitation. The contractor shall complete the on-line Offeror Representations and Certifications www.SAM.gov or return a completed copy of the Offeror Representations and Certifications with their quotation. SAM registration is required. 52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JAN 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.Definitions. As used in this provision‐‐"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Civil judgment" means‐‐In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces."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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA‐approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are‐‐Department of Labor Wage and Hour Division (WHD) for‐‐The Fair Labor Standards Act;The Migrant and Seasonal Agricultural Worker Protection Act;40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act;41 U.S.C. chapter 67, formerly known as the Service Contract Act; The Family and Medical Leave Act; andE.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);Department of Labor Occupational Safety and Health Administration (OSHA) for‐‐The Occupational Safety and Health Act of 1970; andOSHA‐approved State Plans;Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for‐‐Section 503 of the Rehabilitation Act of 1973;The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; andE.O. 11246 of September 24, 1965 (Equal Employment Opportunity);National Labor Relations Board (NLRB) for the National Labor Relations Act; andEqual Employment Opportunity Commission (EEOC) for‐‐Title VII of the Civil Rights Act of 1964;The Americans with Disabilities Act of 1990;The Age Discrimination in Employment Act of 1967; andSection 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service-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; orPerformed 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)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:The Fair Labor Standards Act.The Occupational Safety and Health Act (OSHA) of 1970.The Migrant and Seasonal Agricultural Worker Protection Act.The National Labor Relations Act.40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act.41 U.S.C. chapter 67, formerly known as the Service Contract Act.E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).Section 503 of the Rehabilitation Act of 1973.The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.The Family and Medical Leave Act.Title VII of the Civil Rights Act of 1964.The Americans with Disabilities Act of 1990.The Age Discrimination in Employment Act of 1967.E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA‐approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."Manufactured end product" means any end product in product and service codes (PSCs) 1000‐9999, except-PSC 5510, Lumber and Related Basic Wood Materials;Product or Service Group (PSG) 87, Agricultural Supplies;PSG 88, Live Animals;PSG 89, Subsistence;PSC 9410, Crude Grades of Plant Materials;PSC 9430, Miscellaneous Crude Animal Products, Inedible;PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;PSC 9610, Ores;PSC 9620, Minerals, Natural and Synthetic; andPSC 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-Are conducted under contract directly and exclusively with the regional government of southern Sudan;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;Consist of providing goods or services to marginalized populations of Sudan;Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;Consist of providing goods or services that are used only to promote health or education; orHave been voluntarily suspended. Sensitive technology-Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-To restrict the free flow of unbiased information in Iran; orTo disrupt, monitor, or otherwise restrict speech of the people of Iran; andDoes 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"-Means a small business concern-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 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.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‐‐Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by‐‐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; andEach 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); andThe 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-Directly by a parent corporation; or 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-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; andThe 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 ‐‐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; andWhose 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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(b)Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.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.]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.Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.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.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.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.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.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-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; andIt [_] 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.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-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; andIt [_] 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.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.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: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‐‐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; andIt [_] 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.Representations required to implement provisions of Executive Order 11246 ‐‐Previous contracts and compliance. The offeror represents that ‐‐It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; andIt [_] has, [_] has not, filed all required compliance reports.Affirmative Action Compliance. The offeror represents that ‐‐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), orIt [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.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.Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225‐1, Buy American - Supplies, is included in this solicitation.)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."Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary]The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.(g)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.)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."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]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: [List as necessary]The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.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]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]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]Trade Agreements Certificate. (Applies only if the clause at FAR 52.225‐5, Trade Agreements, is included in this solicitation.)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."The offeror shall list as other end products those end products that are not U.S.‐ made or designated country end products.Other End ProductsLine Item No.: Country of Origin: [List as necessary]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.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‐‐[_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;[_] 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[_] 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[_] 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.Taxes are considered delinquent if both of the following criteria apply: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.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.Examples.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.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.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.

Premium Grade Alfalfa Large Square Hay Bale IDIQ Contract - FY18

Department of Agriculture, Animal and Plant Health Inspection Service | Published November 22, 2017  -  Deadline December 7, 2017
cpvs

Bales that are ragged or bales having twine of unequal tension, which makes it difficult to handle, will not be acceptable. Hay shall not contain injurious foreign material. ROUND BALES WILL NOT BE ACCEPTABLE. DELIVERIESDelivery shall be direct from fields or barns via clean vehicles not used for transportation of livestock. Shipment by rail is not acceptable. Deliveries shall be made to: USDA, ARS, MWA, NADC, 1920 Dayton Avenue, Building 13, Ames, Iowa 50010. Deliveries shall be made within five (5) working days after receipt of a telephone or written order from an authorized Government employee. Deliveries shall be made during normal business hours of 7:30 a.m. through 2:30 p.m. (CST) Monday through Friday, excluding Federal holidays. It will be requested that contractor call (515) 337-7248 prior to delivery. It is required by the ICC that both the empty and loaded weight must be obtained from the same weighing station. The Contractor shall provide the Government with a certified copy of the loaded weight ticket at the time of each delivery, which must be obtained at an Official Weighing Station with the firm's name inscribed on the weigh ticket. A DELIVERY TICKET must accompany the weigh ticket also, allowing for a signature of a person making the delivery and a signature of government personnel receiving the hay. The delivery ticket must list the number of bales per load or lot. The Government will be responsible for unloading the bales from the vendor's vehicle and stacking the bales in an area designated by the Government. STORAGEIf the hay is not delivered directly from the field, the successful quoter shall store the hay at no additional cost to the Government until such time as all deliveries have been made and the contract has been completed. INSPECTIONThe Government reserves the right to inspect the premises and origin of hay before, and at any time after the contract is consummated to assure that the hay is not being contaminated with dangerous pathogens. The Government reserves the right to make inspection of fields, barns where the hay is being stored, and the bales to determine quality and freedom from animal contaminations and also to assure that the quoter's operations will meet conditions required. Final inspection will be made at time of delivery to the National Animal Disease Center, and the hay must meet specifications & requirements as specified herein or it will not be accepted. It will be required that the hay not be unloaded until inspected and approved by Government personnel. Following delivery, each load of hay will have a sample sent for forage analysis at the government's expense. Based on the results of this testing, if the load does not meet the minimum specifications, it will be subject to rejection. Award will be based upon technical acceptability, best value and ability to deliver ARO. FAR 52.232-18, Availability of Funds (APR 1984) in included in this solicitation and any resulting contract. Funds obligation is contingent upon the approval of a FY18 Budget. No contract performance is to take place without notification from the Contracting Officer. NOTE: Guidance in this solicitation for actions within SAM are now conducted through the Single Award Management system found at www.sam.gov. Vendors MUST have a record showing "Active" at the time of quote submittal to be considered for award. 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014)(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-(1) The solicitation number;(2) The time specified in the solicitation for receipt of offers;(3) The name, address, and telephone number of the offeror;(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;(5) Terms of any express warranty;(6) Price and any discount terms;(7) "Remit to" address, if different than mailing address;(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);(9) Acknowledgment of Solicitation Amendments;(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.(f) Late submissions, modifications, revisions, and withdrawals of offers.(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or(C) If this solicitation is a request for proposals, it was the only proposal received.(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.(i) Availability of requirements documents cited in the solicitation.(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978.(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:(i) ASSIST (https://assist.dla.mil/online/start/);(ii) Quick Search (http://quicksearch.dla.mil/);(iii) ASSISTdocs.com (http://assistdocs.com).(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.(4) A summary of the rationale for award;(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)The provision at 52.212-2 Evaluation - Commercial Items applies to this solicitation. Award will be made to the responsible offeror whose offer conforming to this combined synopsis/solicitation will be most advantageous to the Government, price and other factors considered. 52.212-2 Evaluation-Commercial Items. (Oct 2014) Evaluations will be conducted in accordance with Simplified Acquisition Procedures (FAR Part 13.106‐2). 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:1. Product technical acceptability_______________________________. 2. Ability to deliver product in time frame required.__ 3. Cost/Price _________________________Technical and ability to deliver in time frame, when combined, are approximately equal to cost or price. The following factors shall be used to evaluate offers: Price, technical capability, and past performance. To be considered for award, interested vendors shall submit: 1) a Quote on company or formal letterhead containing the offeror's DUNS number, address, and socio-economic status, and detailing the item description, variance from the posted required specifications, acceptable payment method (credit card, ACH/EFT, or either), unit price per item and total price; 2) Completed Premium Alfalfa Hay Large Square Bale IDIQ Schedule spreadsheet (see ATTACHMENT 2). The provision 52.212-3 Offeror Representations and Certifications -Commercial Items applies to this solicitation. The contractor shall complete the on-line Offeror Representations and Certifications www.SAM.gov or return a completed copy of the Offeror Representations and Certifications with their quotation. SAM registration is required. 52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JAN 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.Definitions. As used in this provision‐‐"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Civil judgment" means‐‐In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces."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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA‐approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are‐‐Department of Labor Wage and Hour Division (WHD) for‐‐The Fair Labor Standards Act;The Migrant and Seasonal Agricultural Worker Protection Act;40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act;41 U.S.C. chapter 67, formerly known as the Service Contract Act; The Family and Medical Leave Act; andE.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);Department of Labor Occupational Safety and Health Administration (OSHA) for‐‐The Occupational Safety and Health Act of 1970; andOSHA‐approved State Plans;Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for‐‐Section 503 of the Rehabilitation Act of 1973;The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; andE.O. 11246 of September 24, 1965 (Equal Employment Opportunity);National Labor Relations Board (NLRB) for the National Labor Relations Act; andEqual Employment Opportunity Commission (EEOC) for‐‐Title VII of the Civil Rights Act of 1964;The Americans with Disabilities Act of 1990;The Age Discrimination in Employment Act of 1967; andSection 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service-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; orPerformed 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)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:The Fair Labor Standards Act.The Occupational Safety and Health Act (OSHA) of 1970.The Migrant and Seasonal Agricultural Worker Protection Act.The National Labor Relations Act.40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act.41 U.S.C. chapter 67, formerly known as the Service Contract Act.E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).Section 503 of the Rehabilitation Act of 1973.The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.The Family and Medical Leave Act.Title VII of the Civil Rights Act of 1964.The Americans with Disabilities Act of 1990.The Age Discrimination in Employment Act of 1967.E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA‐approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."Manufactured end product" means any end product in product and service codes (PSCs) 1000‐9999, except-PSC 5510, Lumber and Related Basic Wood Materials;Product or Service Group (PSG) 87, Agricultural Supplies;PSG 88, Live Animals;PSG 89, Subsistence;PSC 9410, Crude Grades of Plant Materials;PSC 9430, Miscellaneous Crude Animal Products, Inedible;PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;PSC 9610, Ores;PSC 9620, Minerals, Natural and Synthetic; andPSC 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-Are conducted under contract directly and exclusively with the regional government of southern Sudan;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;Consist of providing goods or services to marginalized populations of Sudan;Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;Consist of providing goods or services that are used only to promote health or education; orHave been voluntarily suspended. Sensitive technology-Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-To restrict the free flow of unbiased information in Iran; orTo disrupt, monitor, or otherwise restrict speech of the people of Iran; andDoes 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"-Means a small business concern-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 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.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‐‐Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by‐‐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; andEach 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); andThe 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-Directly by a parent corporation; or 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-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; andThe 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 ‐‐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; andWhose 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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(b)Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.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.]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.Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.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.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.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.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.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-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; andIt [_] 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.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-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; andIt [_] 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.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.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: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‐‐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; andIt [_] 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.Representations required to implement provisions of Executive Order 11246 ‐‐Previous contracts and compliance. The offeror represents that ‐‐It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; andIt [_] has, [_] has not, filed all required compliance reports.Affirmative Action Compliance. The offeror represents that ‐‐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), orIt [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.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.Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225‐1, Buy American - Supplies, is included in this solicitation.)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."Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary]The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.(g)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.)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."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]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: [List as necessary]The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.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]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]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]Trade Agreements Certificate. (Applies only if the clause at FAR 52.225‐5, Trade Agreements, is included in this solicitation.)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."The offeror shall list as other end products those end products that are not U.S.‐ made or designated country end products.Other End ProductsLine Item No.: Country of Origin: [List as necessary]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.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‐‐[_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;[_] 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[_] 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[_] 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.Taxes are considered delinquent if both of the following criteria apply: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.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.Examples.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.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.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.

Grass Hay Small Square Bale IDIQ Contract - FY18

Department of Agriculture, Animal and Plant Health Inspection Service | Published November 22, 2017  -  Deadline December 7, 2017
cpvs

DELIVERIESDelivery shall be direct from fields or barns via clean vehicles not used for transportation of livestock. Shipment by rail is not acceptable. Deliveries shall be made to: USDA, ARS, MWA, NADC, 1920 Dayton Avenue, Building 13, Ames, Iowa 50010. Deliveries shall be made during normal business hours of 7:30 a.m. through 2:30 p.m. (CST) Monday through Friday, excluding Federal holidays. The Contractor shall make deliveries within five (5) working days after receipt of a telephone or written order from an authorized Government employee. Partial deliveries of a minimum quantity may be requested. It will be requested that contractor call 515-337-7248 prior to delivery. It is required by the ICC that both the empty and loaded weight must be obtained from the same weighing station. The Contractor shall provide the Government with a certified copy of the loaded weight ticket at the time of each delivery, which must be obtained at an Official Weighing Station with the firm's name inscribed on the weigh ticket. A DELIVERY TICKET must accompany the weigh ticket also, allowing for a signature of a person making the delivery and a signature of government personnel receiving the hay. The delivery ticket must list the number of bales per load. The Contractor shall be responsible for unloading and stacking the hay in an area designated by the Government. Preferred: If the bales are banded in bundles of not less than 16 bales/bundle and not more than 21 bales/bundle, the government will mechanically unload and stack the hay in the designated storage area at no expense to the contractor. STORAGEThe successful quoter shall store the hay at no additional cost to the Government until such time as all deliveries have been made and the contract has been completed. INSPECTIONThe Government reserves the right to inspect the premises and origin of hay before, and at any time after the contract is consummated to assure that the hay is not being contaminated with dangerous pathogens. The Government reserves the right to make inspection of fields, barns where the hay is being stored, and the bales to determine quality and freedom from animal contaminations and also to assure that the quoter's operations will meet conditions required. Final inspection will be made at time of delivery to the National Animal Disease Center, and the hay must meet specifications & requirements as specified herein or it will not be accepted. It will be required that the hay not be unloaded until inspected and approved by Government personnel. Following delivery, each load of hay will be sampled for forage analysis at the government's expense. Based on the results of this testing, if the load does not meet the minimum specifications, it will be subject to rejection. Award will be based upon technical acceptability, best value and ability to deliver ARO. FAR 52.232-18, Availability of Funds (APR 1984) in included in this solicitation and any resulting contract. Funds obligation is contingent upon the approval of a FY18 Budget. No contract performance is to take place without notification from the Contracting Officer. NOTE: Guidance in this solicitation for actions within SAM are now conducted through the Single Award Management system found at www.sam.gov. Vendors MUST have a record showing "Active" at the time of quote submittal to be considered for award. 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014)(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-(1) The solicitation number;(2) The time specified in the solicitation for receipt of offers;(3) The name, address, and telephone number of the offeror;(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;(5) Terms of any express warranty;(6) Price and any discount terms;(7) "Remit to" address, if different than mailing address;(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);(9) Acknowledgment of Solicitation Amendments;(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.(f) Late submissions, modifications, revisions, and withdrawals of offers.(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or(C) If this solicitation is a request for proposals, it was the only proposal received.(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.(i) Availability of requirements documents cited in the solicitation.(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978.(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:(i) ASSIST (https://assist.dla.mil/online/start/);(ii) Quick Search (http://quicksearch.dla.mil/);(iii) ASSISTdocs.com (http://assistdocs.com).(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.(4) A summary of the rationale for award;(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)The provision at 52.212-2 Evaluation - Commercial Items applies to this solicitation. Award will be made to the responsible offeror whose offer conforming to this combined synopsis/solicitation will be most advantageous to the Government, price and other factors considered. 52.212-2 Evaluation-Commercial Items. (Oct 2014) Evaluations will be conducted in accordance with Simplified Acquisition Procedures (FAR Part 13.106‐2). 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:1. Product technical acceptability_______________________________. 2. Ability to deliver product in time frame required.__ 3. Cost/Price _________________________Technical and ability to deliver in time frame, when combined, are approximately equal to cost or price. The following factors shall be used to evaluate offers: Price, technical capability, and past performance. To be considered for award, interested vendors shall submit: 1) a Quote on company or formal letterhead containing the offeror's DUNS number, address, and socio-economic status, and detailing the item description, variance from the posted required specifications, acceptable payment method (credit card, ACH/EFT, or either), unit price per item and total price; 2) Completed Grass Hay Small Square Bale IDIQ Schedule spreadsheet (see ATTACHMENT 2). The provision 52.212-3 Offeror Representations and Certifications -Commercial Items applies to this solicitation. The contractor shall complete the on-line Offeror Representations and Certifications www.SAM.gov or return a completed copy of the Offeror Representations and Certifications with their quotation. SAM registration is required. 52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JAN 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.Definitions. As used in this provision‐‐"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Civil judgment" means‐‐In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces."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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA‐approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are‐‐Department of Labor Wage and Hour Division (WHD) for‐‐The Fair Labor Standards Act;The Migrant and Seasonal Agricultural Worker Protection Act;40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act;41 U.S.C. chapter 67, formerly known as the Service Contract Act; The Family and Medical Leave Act; andE.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);Department of Labor Occupational Safety and Health Administration (OSHA) for‐‐The Occupational Safety and Health Act of 1970; andOSHA‐approved State Plans;Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for‐‐Section 503 of the Rehabilitation Act of 1973;The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; andE.O. 11246 of September 24, 1965 (Equal Employment Opportunity);National Labor Relations Board (NLRB) for the National Labor Relations Act; andEqual Employment Opportunity Commission (EEOC) for‐‐Title VII of the Civil Rights Act of 1964;The Americans with Disabilities Act of 1990;The Age Discrimination in Employment Act of 1967; andSection 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service-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; orPerformed 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)."Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:The Fair Labor Standards Act.The Occupational Safety and Health Act (OSHA) of 1970.The Migrant and Seasonal Agricultural Worker Protection Act.The National Labor Relations Act.40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act.41 U.S.C. chapter 67, formerly known as the Service Contract Act.E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).Section 503 of the Rehabilitation Act of 1973.The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.The Family and Medical Leave Act.Title VII of the Civil Rights Act of 1964.The Americans with Disabilities Act of 1990.The Age Discrimination in Employment Act of 1967.E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA‐approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html)."Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."Manufactured end product" means any end product in product and service codes (PSCs) 1000‐9999, except-PSC 5510, Lumber and Related Basic Wood Materials;Product or Service Group (PSG) 87, Agricultural Supplies;PSG 88, Live Animals;PSG 89, Subsistence;PSC 9410, Crude Grades of Plant Materials;PSC 9430, Miscellaneous Crude Animal Products, Inedible;PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;PSC 9610, Ores;PSC 9620, Minerals, Natural and Synthetic; andPSC 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-Are conducted under contract directly and exclusively with the regional government of southern Sudan;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;Consist of providing goods or services to marginalized populations of Sudan;Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;Consist of providing goods or services that are used only to promote health or education; orHave been voluntarily suspended. Sensitive technology-Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-To restrict the free flow of unbiased information in Iran; orTo disrupt, monitor, or otherwise restrict speech of the people of Iran; andDoes 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"-Means a small business concern-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 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.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‐‐Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by‐‐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; andEach 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); andThe 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-Directly by a parent corporation; or 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-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; andThe 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 ‐‐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; andWhose 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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(b)Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.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.]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.Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.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.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.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.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.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-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; andIt [_] 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.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-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; andIt [_] 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.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.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: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‐‐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; andIt [_] 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.Representations required to implement provisions of Executive Order 11246 ‐‐Previous contracts and compliance. The offeror represents that ‐‐It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; andIt [_] has, [_] has not, filed all required compliance reports.Affirmative Action Compliance. The offeror represents that ‐‐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), orIt [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.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.Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225‐1, Buy American - Supplies, is included in this solicitation.)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."Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary]The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.(g)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.)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."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]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: [List as necessary]The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.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]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]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]Trade Agreements Certificate. (Applies only if the clause at FAR 52.225‐5, Trade Agreements, is included in this solicitation.)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."The offeror shall list as other end products those end products that are not U.S.‐ made or designated country end products.Other End ProductsLine Item No.: Country of Origin: [List as necessary]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.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‐‐[_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;[_] 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[_] 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[_] 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.Taxes are considered delinquent if both of the following criteria apply: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.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.Examples.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.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.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.

Aerial Seeding and Mulching

Department of Agriculture, Forest Service | Published November 21, 2017  -  Deadline January 8, 2018
cpvs

This is a combined synopsis/solicitation for commercial supplies prepared in accordance with the format in Subpart 12.6 of the Federal Acquisition Regulations (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested. Solicitation number 12837118R0001 is issued as a Request for Proposal (RFP). The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96, dated 11/06/2017. The clauses and provisions referenced in this solicitation can be found in full text format at http://www.arnet.gov/far. This requirement is being solicited as 100% Small Business Set-Aside under North American Industry Classification System (NAICS) code 115310 (Support Activities for Forestry) with a size standard of $18,000,000.00. The USDA Forest Service, intends to award a multiple award IDIQ contract for performing Aerial Seeding and Mulching Services (commercial services). The work is to be performed at the Southwestern Regional Office for the national forests located in Arizona and New Mexico. This procurement will be awarded for a base year (12 months) and contain four (4), one (1) year options, for a total of five (5) years. Period of performance for the base year is estimated for 1 February 2018 through 31 January 2019. Award will be made on the basis of best value, whose proposal represents the best values to the Government. Proposals must be received by January 08, 2018, at 3:00 P.M. Mountain Time. All proposals shall be submitted electronically in accordance with the instructions listed in the solicitation to Brendell Gallegos at bgallegos@fs.fed.us. It is the contractor's responsibility to monitor FBO for any amendments. If there are any amendments to this requirement, all amendments must be acknowledged, signed, and electronically submitted with the proposal at time proposals are due. Affirmative action to ensure equal employment opportunity is applicable to the resulting contract. All contractors are required to be registered in the DOD's System for Award Management (SAM) before award. Information on getting registered may be obtained by accessing the following internet website: https://www.sam.gov.  

MiSeq Preventive Maintenance & Repair Service

Department of Health and Human Services, Food and Drug Administration | Published November 21, 2017  -  Deadline November 27, 2017
cpvs

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). _X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. __ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). _¬__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3.__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)). __ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _X_ (6) 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). __ (7) 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). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (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. (xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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. Solicitation provisions-The provision at FAR 52.212-1 Instructions to Offerors - Commercial Items applies to this solicitation. (Jan 2017) The following FAR 52.212-1 addenda apply: Paragraph (b)(4). To ensure information is available, offerors shall furnish as part of their proposal all descriptive material necessary for the government to conclusively determine that the service offered will satisfy the Government's requirements. The government is not responsible for locating or securing any information, which is not identified in the proposal. Paragraph (b)(10). Past performance information shall clearly demonstrate recent (within the past 3 years), relevant, and documented experience providing Preventative Maintenance and Services for Illumina Inc., MiSeq instruments. To include a brief description of service performed, contract number(s), client points of contact names, and client points of contact email addresses and phone numbers. The Government reserves the right to look to other sources of information (e.g., the Past Performance Information Retrieval System (PPIRS), etc.) to support past performance evaluations. FAR Provision 52.204-7 System for Award Management (OCT 2016)FAR Provision 52.204-16 Commercial and Government Entity Code Reporting. (JUL 2016) The provision at FAR 52.212-2 Evaluation-Commercial Items applies to this solicitation. The following subparagraph (a) factors apply: (i) Technical Capability (See FAR Provision 52.212-1 (b)(4) and addenda thereto)(ii) Past Performance (See FAR Provision 52.212-1 (b)(10) and addenda thereto)(iii) Price. Technical Capability (i.e., how well the proposed service offered meet or exceed the Government's requirements and Past Performance (recent and relevant) are collectively more important than price in determining the best value to the Government though price remains a significant consideration. 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). 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. The Provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (NOV 2017)The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://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- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Civil judgment" means-(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces'". The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces. "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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-(1) Department of Labor Wage and Hour Division (WHD) for-(i) The Fair Labor Standards Act;(ii) The Migrant and Seasonal Agricultural Worker Protection Act;(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);(2) Department of Labor Occupational Safety and Health Administration (OSHA) for-(i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans;(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-(i) Section 503 of the Rehabilitation Act of 1973;(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and(5) Equal Employment Opportunity Commission (EEOC) for-(i) Title VII of the Civil Rights Act of 1964;(ii) The Americans with Disabilities Act of 1990;(iii) The Age Discrimination in Employment Act of 1967; and(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act)."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). "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:(1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970.(3) The Migrant and Seasonal Agricultural Worker Protection Act.(4) The National Labor Relations Act.(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).(8) Section 503 of the Rehabilitation Act of 1973.(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act.(11) Title VII of the Civil Rights Act of 1964.(12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967.(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."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."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."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."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women."Women-owned small business concern" means a small business concern-(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women."Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (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 http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (t) 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 will be performed in the United States or its outlying areas. Check all that apply.(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse 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. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [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) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, 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;(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.
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