SOLICITATION NOTICE
70 -- TYAN Computer Workstations - two (2) different configurations for the Naval Surface Warfare Center Carderock Division.
- Notice Date
- 2/2/2009
- Notice Type
- Presolicitation
- NAICS
- 334111
— Electronic Computer Manufacturing
- Contracting Office
- Department of the Navy, Naval Sea Systems Command, NSWC Carderock Division, N00167 NAVAL SURFACE WARFARE CENTER, MARYLAND 9500 MacArthur Blvd West Bethesda, MD
- ZIP Code
- 00000
- Solicitation Number
- N0016709T0044
- Response Due
- 2/12/2009
- Archive Date
- 2/27/2009
- Point of Contact
- Patricia Perzella 301-227-5994 For an informational copy of the RFQ N00167-09-T-0044 and amendment (#1), contact P. Perzella at patricia.perzella@navy.mil
- Small Business Set-Aside
- N/A
- Description
- THIS IS A COMBINED SYNOPSIS/SOLICITATION IN ACCORDANCE WITH THE FORMAT IN THE FEDERAL ACQUISITION REGULATION (FAR) Subpart 12; TYAN Computer Workstations for Commercial Items. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0001 10 EachCustom Computer WorkstationFFPwith the attached configurationFOB: DestinationPURCHASE REQUEST NUMBER: 82216255NET AMTITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0002 3 EachCustom Computer WorkstationFFPwith the attached configurationFOB: DestinationPURCHASE REQUEST NUMBER: 82061535NET AMTCONFIGURATIONLine Item 0001 - Quantity of 10 Computer Workstations w/below configurationTyan Transport GT28 1U Quad Opteron Platform (Each GT28 Platform contains 2 Dual-CPU Nodes) - 1 EachAMD Opteron 2378 CPU (2 per node) - 4 Each2GB 667MHz DDR2 DIMM (4 per node) - 8 EachSeagate Barracuda ES.2 250GB HDD 7200RPM 32MB Cache (1 Per Node) - 2 EachMellanox Infinihost III Lx Single Port PCI-E x 4 10Gb/s Interface Card (1 Per Node) - 2 EachN00167-09-T-0044Page 4 of 32RedHat Enterprise Linux 5 Desktop with Workstation Option (1 per node) - 2 Each64-Bit Linux and Drivers (To Be installed by Vendor) 1 per node - 2 EachDrive configuration to include 2 partitions on each nodePartition 1: 16GB Linux Swap SpacePartition 2: Remainder of Drive containing OS, Application, and Home DirectoriesLine Item 0002 - Quantity of 3 Computer Workstations w/the below configurationTyan Transport TA26 2U Rackmount Server - 1 Each2 x AMD Opteron 2378 CPU - 2 Each4 x 4GB DDR2 667MHz Registered DIMM with ECC - 4 EachSlim IDE DVD RW Drive - 1 Each5 x Seagate Barracuda ES.2 1000GB HDD 7200RPM 32MB Cache SATA 3.0Gb/s - 5 Each3ware 9690SA 8 port SAS/SATA PCI-E RAID Controller - 1 Each3ware Battery Backup Module for 9690SA RAID Controller - 1 EachMellanox InfiniHost III Lx Single Port 4X InfiniBand PCI-Express x4 Interface Card - 1 EachRedHat Enterprise Linux 5 Desktop with Workstation Option - 1 Each64-Bit Linux OS and Drivers (to be installed by vendor/contractor) - 1 JobHard Drives to be set up in a RAID5 Configuration with 2 Partitions - 1 Configuration Per MachinePartition 1: 32GB Linux Swap Partition - 1 EachPartition 2: Remainder of disk space to contain OS, Applications, and Home Directories - 1 EachINSPECTION AND ACCEPTANCE TERMSSupplies/services will be inspected/accepted at:CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY0001 N/A N/A N/A Government0002 N/A N/A N/A GovernmentN00167-09-T-0044Page 5 of 32DELIVERY INFORMATIONCLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC0001 30 dys. ADC 10 NAVAL SURFACE WARFARE CENTER,CARDEROCKRECEIVING OFFICERFISC RECEIVING, BLDG 1439500 MACARTHUR BLVD.WEST BETHESDA MD 20817-5700301-227-1840FOB: DestinationN001670002 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)FOB: DestinationN00167CLAUSES INCORPORATED BY REFERENCE52.207-4 Economic Purchase Quantity-Supplies AUG 198752.209-6 Protecting the Government's Interest When SubcontractingWith Contractors Debarred, Suspended, or Proposed forDebarmentSEP 200652.211-17 Delivery of Excess Quantities SEP 198952.212-4 Contract Terms and Conditions--Commercial Items OCT 200852.212-5 (Dev) Contract Terms and Conditions Required to ImplementStatutes or Executive Orders--Commercial Items (Deviation)DEC 2008CLAUSES INCORPORATED BY FULL TEXT252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OREXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (SEP 2008)(DEVIATION)(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to ImplementStatutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5 (FEB 2008) (DEVIATION),the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items orcommercial components, awarded at any tier under this contract:252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10U.S.C. 2533a).252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP2006) (Section 1092 of Pub. L. 108-375).252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631)252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10N00167-09-T-0044Page 6 of 32U.S.C. 2631)(End of clause)CLAUSES INCORPORATED BY REFERENCE52.222-3 Convict Labor JUN 200352.222-18 Certification Regarding Knowledge of Child Labor for ListedEnd ProductsFEB 200152.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 200852.222-21 Prohibition Of Segregated Facilities FEB 199952.222-26 Equal Opportunity MAR 200752.222-36 Affirmative Action For Workers With Disabilities JUN 199852.222-50 Combating Trafficking in Persons AUG 200752.223-16 Alt I IEEE 1680 Standard for the Environmental Assessment ofPersonal Computer Products (Dec 200&0 Alternate IDEC 200752.225-13 Restrictions on Certain Foreign Purchases JUN 200852.225-18 Place of Manufacture SEP 200652.232-33 Payment by Electronic Funds Transfer--Central ContractorRegistrationOCT 200352.233-3 Protest After Award AUG 199652.233-4 Applicable Law for Breach of Contract Claim OCT 200452.247-34 F.O.B. Destination NOV 199152.252-1 Solicitation Provisions Incorporated By Reference FEB 199852.252-5 Authorized Deviations In Provisions APR 198452.252-6 Authorized Deviations In Clauses APR 1984252.204-7003 Control Of Government Personnel Work Product APR 1992252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007252.225-7002 Qualifying Country Sources As Subcontractors APR 2003252.232-7003 Electronic Submission of Payment Requests and ReceivingReportsMAR 2008252.232-7010 Levies on Contract Payments DEC 2006252.239-7001 Information Assurance Contractor Training and Certification JAN 2008252.243-7001 Pricing Of Contract Modifications DEC 1991252.246-7000 Material Inspection And Receiving Report MAR 2008CLAUSES INCORPORATED BY FULL TEXT52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offerconforming to the solicitation will be most advantageous to the Government, price and other factors considered. Thefollowing factors shall be used to evaluate offers: LOWEST PRICE TECHNICALLY ACCEPTABLE.(End of provision)N00167-09-T-0044Page 7 of 3252.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2008)ALTERNATE I (APR 2002)An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annualrepresentations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annualrepresentations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b)through (i) of this provision.(a) Definitions. As used in this provision:"Emerging small business" means a small business concern whose size is no greater than 50 percent of thenumerical size standard for the NAICS code designated."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."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 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.Restricted business operations means business operations in Sudan that include power production activities, mineralextraction activities, oil-related activities, or the production of military equipment, as those terms are defined in theSudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not includebusiness operations that the person conducting the business can demonstrate--(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;N00167-09-T-0044Page 8 of 32(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.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.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 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 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.N00167-09-T-0044Page 9 of 32(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 on the Online Representationsand Certifications Application (ORCA) website.(2) The offeror has completed the annual representations and certifications electronically via the ORCA website athttp://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offerthat the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representationsand 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 codereferenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR4.1201), except for paragraphs ----------.(Offeror to identify the applicable paragraphs at (c) through (m) 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 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 therepresentations and certifications posted on ORCA.](c) Offerors must complete the following representations when the resulting contract will be performed in theUnited 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 businessconcern.(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, ( ) is not aveteran-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, 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 businessconcern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned smallbusiness concern.Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisitionthreshold.(6) 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.(7) 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:N00167-09-T-0044Page 10 of 32_____________________________________________(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the TargetedIndustry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if theofferor has represented itself to be a small business concern under the size standards for this solicitation.)(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses inone of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not anemerging small business.(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories(TICs) or designated industry groups (DIGs).) Offeror represents as follows:(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated inthe solicitation is expressed in terms of number of employees); or(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number ofRevenues column if size standard stated in the solicitation is expressed in terms of annual receipts).(Check one of the following):Average AnnualNumber of Employees Gross Revenues___ 50 or fewer ___ $1 million or less___ 51 - 100 ___ $1,000,001 - $2 million___ 101 - 250 ___ $2,000,001 - $3.5 million___ 251 - 500 ___ $3,500,001 - $5 million___ 501 - 750 ___ $5,000,001 - $10 million___ 751 - 1,000 ___ $10,000,001 - $17 million___ Over 1,000 ___ Over $17 million(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustmentfor Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business ParticipationProgram-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 andidentified, on the date of this representation, as a certified small disadvantaged business concern in the databasemaintained by the Small Business Administration (PRO-Net), and that no material change in disadvantagedownership and control has occurred since its certification, and, where the concern is owned by one or moreindividuals claiming disadvantaged status, the net worth of each individual upon whom the certification is baseddoes not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); orN00167-09-T-0044Page 11 of 32(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a PrivateCertifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and adecision on that application is pending, and that no material change in disadvantaged ownership and control hasoccurred since its application was submitted.(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offerorrepresents, 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)(9)(i) of this provision is accurate for the small disadvantaged businessconcern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantagedbusiness concern that is participating in the joint venture: ____________.)(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 the List ofQualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no materialchange in ownership and control, principal office, or HUBZone employee percentage has occurred since it wascertified by the Small Business Administration in accordance with 13 CFR part 126; and(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representationin paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that areparticipating in the joint venture. (The offeror shall enter the name or names of the HUBZone small businessconcern or concerns that are participating in the joint venture:____________.) Each HUBZone small businessconcern participating in the 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) or (c)(9) 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, U.S. Trust Territory of thePacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, theCommonwealth 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, SriLanka, Bhutan, the Maldives Islands, or Nepal).____Individual/concern, other than one of the preceding.(d) Certifications and representations required to implement provisions of Executive Order 11246--(1) Previous Contracts and Compliance. The offeror represents that--(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunityclause of this solicitation, the and(ii) It ( ) has, ( ) has not, filed all required compliance reports.N00167-09-T-0044Page 12 of 32(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 and60-2), or(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rulesand 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 $100,000.) By submission of its offer, the offeror certifies to the best of itsknowledge and belief that no Federal appropriated funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer oremployee of Congress or an employee of a Member of Congress on his or her behalf in connection with the awardof any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbyingcontact 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 offerorneed not report regularly employed officers or employees of the offeror to whom payments of reasonablecompensation were made.(f) Buy American Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal AcquisitionRegulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in thissolicitation.)(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domesticend product and that the offeror has considered components of unknown origin to have been mined, produced, ormanufactured outside the United States. The offeror shall list as foreign end products those end productsmanufactured in the United States that do not qualify as domestic end products. The terms ``component,'' ``domesticend product,'' ``end product,'' ``foreign end product,'' and ``United States'' are defined in the clause of thissolicitation entitled ``Buy American Act--Supplies.''(2) Foreign End Products:Line Item No.:---------------------------------------------------------Country of Origin:-----------------------------------------------------(List as necessary)(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.(g)(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of thisprovision, is a domestic end product and that the offeror has considered components of unknown origin to havebeen mined, produced, or manufactured outside the United States. The terms "Bahrainian or Moroccan endproduct," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreementcountry," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined inthe clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act."(ii) ) The offeror certifies that the following supplies are Free Trade Agreement country end products (other thanBahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled``Buy American Act--Free Trade Agreements--Israeli Trade Act'':N00167-09-T-0044Page 13 of 32Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli EndProducts:Line Item No.------------------------------------------------------------[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 Act-Free TradeAgreements-Israeli Trade Act." The offeror shall list as other foreign end products those end productsmanufactured in the United States that do not qualify as domestic end products.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 AlternateI to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) forparagraph (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 Act-Free Trade Agreements-Israeli Trade Act":Canadian End Products:Line Item No.:___________________________________________[List as necessary](3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If AlternateII to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) forparagraph (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 Act--Free Trade Agreements--Israeli Trade Act'':Canadian or Israeli End Products:Line Item No.: Country of Origin:[List as necessary]N00167-09-T-0044Page 14 of 32(4) 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)(4)(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 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 lineitems covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country endproducts without regard to the restrictions of the Buy American Act. The Government will consider for award onlyoffers of U.S.-made or designated country end products unless the Contracting Officer determines that there are nooffers for such products or that the offers for such products are insufficient to fulfill the requirements of thesolicitation.(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 for the awardof contracts by any Federal agency; and(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgmentrendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting toobtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or stateantitrust 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, orreceiving stolen property; and(3) ( ) Are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entitywith, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and(4) [ballot] Have, [ballot] have not, within a three-year period preceding this offer, been notified of any delinquentFederal 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 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.(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the taxliability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collectionaction is precluded.N00167-09-T-0044Page 15 of 32(ii) Examples.(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayerto seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final taxliability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer hasexercised 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 beenissued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appealscontesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. Inthe course of the hearing, the taxpayer is entitled to contest the underlying tax liabilit
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