Loren Data's SAM Daily™

FBO DAILY ISSUE OF APRIL 24, 2009 FBO #2706
SOLICITATION NOTICE

49 -- Louden Requirements

Notice Date

4/22/2009
 

Notice Type

Modification/Amendment
 

NAICS

331111 — Iron and Steel Mills
 

Contracting Office

Department of the Air Force, Air Force Materiel Command, Tinker OC-ALC - (Central Contracting), 3001 Staff Drive, Ste 1AG76A, Tinker AFB, Oklahoma, 73145-3015
 

ZIP Code

73145-3015
 

Solicitation Number

FA8100-09-R-0003
 

Point of Contact

Mary Semyone,, Phone: 4057349945
 

E-Mail Address

mary.semyone@tinker.af.mil
 

Small Business Set-Aside

Total Small Business
 

Description

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; proposals are being requested and a written solicitation will not be issued. Solicitation Number: FA8100-09-R-0003 This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-32. Type of Contract to be awarded: Firm Fixed Price This procurement will be a competitive total small business set-aside procurement under NAICS Code 331111, Stainless Steel Shapes. The Defense priorities and Allocations Systems (DPAS) assigned rating for this procurement is unrated. Proposals in response to this RFP must be signed and dated and submitted to the Contracting Officer at or before 3:00PM Central Standard Time, 11 May 2009. The offeror should hold their offered prices firm for 60 days. Contracting Officer: Mary Semyone 405-734-9945 mary.semyone@tinker.af.mil Description of Requirement: The procurement of Louden crane rails and bridge cranes are necessary to provide key lift capability for the sheet metal shops being relocated to TAC for 76 MXW. Sheet metal shops are regularly involved in lifting heavy aircraft parts onto fixtures and subsequent removal. To maintain consistency with existing crane and bridge systems, specific brand names are required to be provided in support of this effort. Only Louden items will be procured. Contract Line Item Numbers: CLIN 0001 Louden Supertrack 24 Each Part Number - 604.1231 One Ton Louden Supertrack Standard Punching 2 Ends @ 26 Feet 6 Inches CLIN 0002 Louden Supertrack 162 Each Part Number - 604.1231 One Ton Louden Supertrack Standard Punching 2 Ends @ 45 Feet CLIN 0003 Louden Supertrack 34 Each Part Number - 604.1231 One Ton Louden Supertrack Standard Punching 2 Ends @ 45 Feet 10 Inches CLIN 0004 Louden Supertrack 14 Each Part Number - 604.1231 One Ton Louden Supertrack Standard Punching 2 Ends @ 47 Feet CLIN 0005 Louden Trojan Track 4 Each Part Number - 605.1543 Two Ton Louden Trojan Track Standard Punching 2 Ends @ 22 Feet 10 Inches CLIN 0006 Louden Trojan Track 2 Each Part Number - 605.1543 Two Ton Louden Trojan Track Standard Punching 2 Ends @ 23 Feet 2 Inches CLIN 0007 Louden Trojan Track 2 Each Part Number - 605.1543 Two Ton Louden Trojan Track Standard Punching 2 Ends @ 28 Feet 8 Inches CLIN 0008 Louden Trojan Track 2 Each Part Number - 605.1543 Two Ton Louden Trojan Track Standard Punching 2 Ends @ 36 Feet CLIN 0009 Louden Supertrack 8 Each Part Number - 604.1846 One Ton Louden Supertrack Standard Punching 2 Ends @ 45 Feet CLIN 0010 Louden Supertrack 2 Each Part Number - 604.1846 One Ton Louden Supertrack Standard Punching 2 Ends @ 45 Feet 10 Inches CLIN 0011 Louden Supertrack 8 Each Part Number - 604.1846 One Ton Louden Supertrack Standard Punching 2 Ends @ 47 Feet CLIN 0012 Louden Flush Clamp Assembly 478 Each Part Number - 607.740 Louden Flush Clamp Assembly for W/WT 5x10.5 (Flanges 5 7/8 inches x 3/8 inches THK) and 604.1231 Rail, 15 KIPS CLIN 0013 Louden Flush Clamp Assembly 12 Each Part Number - 607.760 Louden Flush Clamp Assembly for W 12x58 and 604.1231 Rail, 30 KIPS CLIN 0014 Louden Flush Clamp Assembly 2 Each Part Number - 607.740 Louden Flush Clamp Assembly for WT 9x33 (Flanges 7 5/8 inches x 1/2 inches THK) and 604.1231 Rail, 15 KIPS CLIN 0015 Louden Flush Clamp Assembly 20 Each Part Number - 607.740 Louden Flush Clamp Assembly for WT 9x22.5 (Flanges 6 5/8 inches x 1/2 inches THK) and 604.1846 Rail, 15 KIPS CLIN 0016 Louden Flush Clamp Assembly 2 Each Part Number - 607.740 Louden Flush Clamp Assembly for WT 7x21.5 (Flanges 8 inches x.53 inches THK) and 604.1846 Rail, 15 KIPS CLIN 0017 Louden Splice Plate Assembly 220 Each Part Number - 607.5011 Louden Splice Plate Assembly for 5/16 inch Web Thickness CLIN 0018 Louden Splice Plate Assembly 84 Each Part Number - 607.5030 Louden End Stops for 5/16 inch Web Thickness CLIN 0019 Bridge Crane 26 Each Part Number - 585-2003 Louden Bridge Crane, One Ton, 30 Feet Runway Spacing, 4 Foot Overhang on each end, 38 Feet Overall Length CLIN 0020 Bridge Crane 1Each Part Number - 585-6003 Louden Bridge Crane, Three Ton, 20 Feet Runway Spacing, 18 Inches Overhang on each end, 23 Feet Overall Length CLIN 0021 Wright Way Electric Wire Rope Hoist 1 Each Part Number - CIWOIS026-15M2S0 One Ton Wright Way Electric Wire Rope Hoist with Motorized Trolley, Standard Headroom, 1-Part Single Reeving, 2 Speed Trolley equipped with radio remote control CLIN 0022 Wright Way Electric Wire Rope Hoist 1 Each Part Number - CIWO3S020-15M4S0 Three Ton Wright Way Electric Wire Rope Hoist with Motorized Trolley, Standard Headroom, 1-Part Single Reeving, 2 Speed Trolley equipped with radio remote control Requested Delivery: 8 Weeks After Receipt of Contract Ship to: FB2039 ATTN: Rusty Tucker 405-409-6220 76 MXSS BLDG 3772 Engine Can Road Tinker AFB OK 73145-9013 Inspection & Acceptance: Destination Inspection & Acceptance Report: Commercial Shipping Document Quality Assurance: Commercial Item Inspection FOB: Origin Packaging: Commercial Best Practice Solicitation provision at FAR 52.212-1, Instructions to Offerors - Commercial Items is hereby incorporated by reference. 52.212-2 Instruction to Offerors - Commercial Items. INSTRUCTIONS TO OFFERORS FOR PROPOSAL PREPARATION USING LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) PROCEDURES GENERAL INSTRUCTIONS a. Instructions to the Offerors (ITO): This section of the ITO provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror's proposal must include all data and information requested by the ITO and must be submitted in accordance with these instructions. The offeror shall be compliant with the requirements as stated in the Request for Proposal, Section B Schedule of the Request for Proposal and any attachments. Non-conformance with the instructions provided in the ITO may result in an unfavorable proposal evaluation. b. Include Sufficient Detail: The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror's proposal. c. Embellishments Not Desired: Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired. Similarly, for oral presentations, elaborate, productions are unnecessary and not desired. d. Proposal Acceptance and Validity Dates: The proposal acceptance period is specified in Section A of the model contract/solicitation. The offer shall make a clear statement in Section A of the proposal documentation that the proposal is valid until this date. e. Disposition of Proposals: In accordance with FAR 4.803(a)(10) (Contents of Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offer requests otherwise, the Government will destroy extra copies of such unsuccessful proposals. GENERAL INFORMATION a. Point of Contact: The Procurement Contracting Officer (PCO) is the sole point of contact for this acquisition. Address any questions or concerns you may have to the PCO. Written requests for clarification may be sent to the PCO at the address located in Section A of the model contract/solicitation. b. Debriefings: The PCO will promptly notify offerors of any decision to exclude them from the competition in accordance with FAR 15.503. Whereupon they may request and receive a debriefing. Offerors desiring debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable. c. Discrepancies: If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the PCO in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion. d. Distribution: The original proposal shall be identified. Proposals shall be addressed to the Buyer and mailed to the address cited in Section A of the solicitation. FACTOR 1--TECHNICAL PROPOSAL Technical proposals are not required. Technical acceptability will be determined based on the offerors compliance with the requirement as stated in the Section B Schedule. FACTOR 2--PRICE PROPOSAL Completion of the RFP, Section B Schedule will represent the price proposal. FACTOR 3--RELEVANT PAST AND PRESENT PERFORMANCE INFORMATION Past performance information may be gathered from both Government (such as RYG, MOCAS, CPARS) and commercial sources. There is no submission required for Past Performance Information. CONTRACT DOCUMENTATION a. Model Contract/Representations and Certifications: The purpose of this section is to provide information to the Government for preparing the contract document and supporting file. The offeror's proposal shall include a signed copy of the Model Contract, and Sections A through K. Section A-Solicitation/Contract Form: Offeror should complete blocks 12, 13, 14, 15, 25, and 27 of the solicitation (SF1447) and place N/A in the blocks that are not applicable to the offeror's proposal. Signature by the offeror on the SF1447 constitutes an offer, which the Government may accept. The "original" copy should be clearly marked under separate cover and should be provided without any punched holes. Section B-Supplies or Services and Costs/Prices: All pricing information shall be addressed Section B - The Schedule of the RFP. Information shall be limited to Contract Line Item Number, (CLIN) level pricing, including unit and extended pricing as specified in Section B. Section K-Representations, Certifications, and Other Statements of Offerors: Complete representations, certifications, acknowledgments and statements. Offeror shall fill out an online provision 52.204-8 Annual Representations and Certifications (JAN 2005), Online Reps and Certs (ORCA) at http://www.bpn.gov/orca. b. Exceptions to Terms and Conditions: Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. This information shall be provided in a format that is readable and communicates the information in a manner that is clear and concise. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award. c. Other Information Required: Authorized Offeror Personnel: Provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government. Person who can obligate your company: Name: Title: Telephone: Person from your company who is authorized to negotiate with the Government: Name: Title: Telephone: Government Offices: Provide the mailing address, telephone and fax numbers and facility codes for the cognizant Contract Administration Office, DCAA, and Government Paying Office. Also, provide the name and telephone and fax number for the Administrative Contracting Officer (ACO). DCMA: DCAA: Pay Office: ACO: Solicitation provision at FAR 52.212-2, Evaluation - Commercial Items is hereby incorporated by reference. 52.212-2 EVALUATION - COMMERCIAL ITEMS EVALUATION FACTORS FOR AWARD USING LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) PROCEDURES GENERAL INFORMATION a. Basis for Contract Award: This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the acceptable offeror with the lowest evaluated cost or price, which is deemed responsible in accordance with the Federal Acquisition Regulation and whose proposal conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by Section L of this solicitation. The Government reserves the right to award without discussions. Therefore, each 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 determined necessary by the Contracting Officer. b. Number of Contracts to be Awarded: The Government intends to select one contractor for the Louden Requirements. However, the Government reserves the right to award no contract at all, depending on the quality of the proposals and prices submitted and the availability of funds. c. Rejection of Unrealistic Offers: The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program. d. Correction Potential of Proposals: The Government will consider, throughout the evaluation, the "correction potential" of any proposal uncertainty. The judgment of such "correction potential" is within the sole discretion of the Government. If an aspect of an offeror's proposal not meeting the Government's requirements is not considered correctable, the offeror may be eliminated from the competitive range. EVALUATION FACTORS a. List factors and Subfactors: The Government will evaluate for acceptability the factors described below: Factor 1- Technical Proposal Factor 2- Cost/Price Factor 3-Past Performance b. Evaluation Methodology: Technical acceptability will be evaluated on all offers. Only those offerors determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. Then, price will be evaluated and the proposals will be listed from lowest to highest price based on the total evaluated price. Then, the offerors' past performance will be evaluated starting with the lowest price technically acceptable offer. Only those offerors determined to have an acceptable past performance rating, either initially or as a result of discussions, will be considered for award. Past performance evaluations will cease when the first two technically acceptable proposals receive an acceptable past performance rating for price comparison purposes. Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for the non-cost factors. c. Technical Factor: By submission of its offer, the offeror accedes to all solicitation technical requirements, to include the Government's Required Delivery Schedule, and will be determined technically acceptable. If the offeror is unable to meet the Government's Required Delivery Schedule, the offeror may set forth the delivery schedule the offeror is prepared to meet. However, should the offeror's proposed delivery schedule not meet the Required Delievery Schedule and should the Government determine such proposed delivery schedule to be unacceptable, the offeror will be determined UNACCEPTABLE. If the offeror's proposed delivery is determined acceptable, the solicitation will be amended and each offeror will be afforded an opportunity to revise their proposals. If the offeror does not propose a different delivery schedule, the Government's Required Delivery Schedule shall apply. Failure to meet a requirement may result in an offer being determined technically unacceptable. Each proposal will receive one of the ratings described below for Factor 1 - Technical Proposal Acceptable - The proposal meets specified minimum requirements necessary for acceptable contract performance. Unacceptable - The proposal fails to meet specified minimum requirements necessary for contract performance. Proposals with an unacceptable rating are not awardable. d. Cost/Price Factor: Cost/Price Evaluation: The offeror's cost/price proposal will be evaluated for award purposes by adding the total price for basic requirements (basic award). Total Evaluated Price: Price analysis will be performed to determine the reasonableness of the offeror's price proposal. Reasonableness will be based on the total evaluated price. The total evaluated price will be calculated as the sum of the Contract Line Item Numbers (CLINs) unit/extended prices plus other associated factors such as transportation costs if appropriate. Unrealistically Low Costs or Prices: Unrealistically low proposed costs or prices, initially or subsequently, may be grounds for eliminating a proposal from competition either on the basis that the offeror does not understand the requirement or the offeror has made an unrealistic proposal. Unbalanced Pricing: Offerors are cautioned against submitting an offer that contains unbalance pricing. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The Government shall analyze offers to determine whether they are unbalanced with respect to separately priced line items or subline items. Offers that are determined to be unbalanced may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government. e. Past Performance Factor: Past performance information may be gathered from both Government (such as RYG, MOCAS, CPARS) and commercial sources. Offerors will not be penalized if no past performance information is available. Past performance will either be satisfactory, neutral, or unsatisfactory where satisfactory equals a neutral or determination of responsibility, and unsatisfactory equals a determination of non-responsibility. Any unsatisfactory rating given to a small business will be referred to the Small Business Administration pursuant to FAR 15.101-2(b) and 19.6 for resolution. f. Discussions: It is the Government's intent to award without discussions, therefore, it is imperative that offerors submit their best terms initially. However, if during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs), and the Final Proposal Revisions (FPRs) will be considered in making the source selection decision. PRE-AWARD SURVEY The Government may conduct a pre-award survey (PAS) as part of this source selection. Results of the PAS (if conducted) will be evaluated to determine each offerors' capability to meet the requirements of the solicitation. PLANT VISITS In the event discussions are necessary, plant visits may be conducted during the evaluation phase to develop knowledge for judging the potential for correction of deficiencies. SOLICITATION REQUIREMENTS, TERMS AND CONDITIONS Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items (FEB 2009) and 52.212-3, Offeror Representations and Certifications--Commercial Items-Alternate 1 (APR 2002) with their offer. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2009) (IAW FAR 12.301(b)(4)) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). __ __ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __X __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). __ __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ __ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). __ __ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). (5) 52.219-5 [Reserved] __X __ (6) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C. 644). __ __ (6) (ii) Alternate I (Oct 1995) of 52.219-6. __ __ (6) (iii) Alternate II (Mar 2004) of 52.219-6. __ __ (7) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644). __ __ (7) (ii) Alternate I (Oct 1995) of 52.219-7 __ __ (7) (iii) Alternate II (Mar 2004) of 52.219-7 __X __ (8) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)). __ __ (9) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637(d)(4)). (In accordance with DDP Memo dated 12 Feb 2009, DAR Tracking Number 2008-O0008, Class Deviation - Electronic Subcontracting Reporting System, 52.219-9 (DEVIATION) applies when subcontracts are not required to be reported in FPDS, orders against BOAs and BPAs, and purchase orders issued under the Test Program for Certain Commercial Items at FAR 13.5.) __ __ (9) (ii) Alternate I (Oct 2001) of 52.219-9. __ __ (9) (iii) Alternate II (Oct 2001) of 52.219-9. __X __ (10) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). __ __ (11) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ __ (12) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).(In accordance with DDP Memo dated 9 Feb 2007, DAR Tracking Number 2007-O0002, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 10 March 2007 to 9 March 2008.) __ __ (12) (ii) Alternate I (June 2003) of 52.219-23.(In accordance with DDP Memo dated 9 Feb 2007, DAR Tracking Number 2007-O0002, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 10 March 2007 to 9 March 2008.) __ __ (13) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ __ (14) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ __ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __X __ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). __ __ (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __X __ (18) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). __X __ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __X __ (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __X __ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). __X __ (22) 52.222-36, Affirmative Action For Workers with Disabilities (June 1998) (29 U.S.C. 793). __X __ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). __X __ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). __ __ (25) 52.222-54, Employment Eligibility Verification (Jan 2009). 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.) (Not applicable until 21 May 2009 per FAC 2005-29, Amendment 2, published 30 Jan 2009.) __ __ (26) (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.) __ __ (26) (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.) (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b). (28) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). (28) (ii) Alternate I, (Dec 2007) of 52.223-16. __ __ (29) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ __ (30) (i) 52.225-3, Buy American Act--Free Trade Agreement--Israeli Trade Act (Feb 2009)(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169). __ __ (30) (ii) Alternate I (Jan 2004) of 52.225-3. __ __ (30) (iii) Alternate II (Jan 2004) of 52.225-3. __ __ (31) 52.225-5, Trade Agreements (Mar 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___X __ (32) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury). __ __ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ __ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ __ (35) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 522(f), 10 U.S.C. 2307(f)). __ __ (36) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __X __ (37) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31.U.S.C. 3332). __ __ (38) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31.U.S.C. 3332). __ __ (39) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ __ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ __ (41) (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). __ _ (41) (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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351 et seq.). __ __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351 et seq.). _________ (7) 52.226-6,Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). __ __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (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 paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104 (g)). _____ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2009) (IAW DFARS 212.301(f)(iii)) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement provision of law applicable to acquisitions of commercial items or components. __X __ 52.203 3 Gratuities (APR 1984) (10 U.S.C. 2207) (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. __ __ (1) 252.203 7000 Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). __X __ (2) 252.205 7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). __ __ (3) 252.219 7003 Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7003 dated Feb 2009) __ __ (4) 252.219 7004 Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7004 dated Feb 2009) __ __ (5) 252.225 7001 Buy American Act and Balance of Payment Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582). __X __ (6) 252.225 7012 Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a). __ __ (7) 252.225 7014 Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a). (DAR Tracking # 2008-O0002 specifies use of class deviation 252.225-7014 dated Jan 2008) __ __ (8) 252.225 7015 Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). __ __ (9) 252.225 7016 Restriction on Acquisition of Ball and Roller Bearings (JUN 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). __ __ (10) 252.225-7021 Trade Agreements (NOV 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). __ __ (11) 252.225 7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). __ __ (12) 252.225 7028 Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). __ _ (13)(i) 252.225 7036 Buy American Act--Free Trade Agreements--Balance of Payments Program (JAN 2009) __ __ (13)(ii) 252.225 7036 Alternate I (OCT 2006) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). __ _ (14) 252.225 7038 Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). __X __ (15) 252.226 7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). __ __ (16) 252.227 7015 Technical Data Commercial Items (NOV 1995) (10 U.S.C. 2320). __ __ (17) 252.227 7037 Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). _ X __ (18) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). _ __ (19) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375) __X __ (20) 252.243-7002 Requests For Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). __X __ (21)(i) 252.247 7023 Transportation of Supplies by Sea (MAY 2002) __ __ (21)(ii) 252.247 7023 Alternate I (MAR 2000) __ __ (21)(iii) 252.247 7023 Alternate II (MAR 2000) __ __ (21)(iv) 252.247 7023 Alternate IlI (MAY 2002) (10 U.S.C. 2631). __ __ (22) 252.247 7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). 5352.201-9101 Ombudsman (AUG 2005) (IAW AFFARS 5301.9103) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, OC-ALC/PKC at 405 736 -3273, FAX 000 000 -0000, email. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. 252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008) (IAW DFARS 211.274-5(a), DFARS 212.301(f)(vi)) (a) Definitions. As used in this clause- "DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.html. "Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html. (c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following: (i) All delivered items for which the Government's unit acquisition cost is $5,000 or more. (ii) The following items for which the Government's unit acquisition cost is less than $5,000: Contract Line, Subline, or Exhibit Line Item Number Item Description *Items less than $5000, which require UID, will be specifically identified in the schedule. See Schedule as Applicable (iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number (See Schedule as Applicable). (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html. 252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS -- ALTERNATE I (DEVIATION) (JAN 2008) (IAW DAR Tracking Number 2008-O0002) As prescribed in 225.700x-5(b), substitute the following paragraphs (a) and (b) for paragraphs (a) and (b) of the basic clause and add the following paragraphs (c) and (d) to the basic clause: (a) Definitions. As used in this clause- (1) "Assembly" means an item forming a portion of a system or subsystem that can be provisioned and replaced as an entity and which incorporates multiple, replaceable parts. (2) "Commercial derivative military article" means an item procured by the Department of Defense that is or will be produced using the same production facilities, a common supply chain, and the same or similar production processes that are used for the production of articles predominantly used by the general public or by nongovernmental entities for purposes other than governmental purposes. (3) "Commercially available off-the-shelf item"- (i) Means any item of supply that is- (A) A commercial item; (B) Sold in substantial quantities in the commercial marketplace; and (C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (ii) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. (4) "Component" means any item supplied to the Government as part of an end item or of another component. (5) "Electronic component" means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections of electrical devices such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits. (6) "End item" means the final production product when assembled or completed, and ready for issue, delivery, or deployment. (7) "Produce" means the application of forces or processes to a specialty metal to create desired physical properties through quenching or tempering of steel plate, or gas atomization or sputtering of titanium. (8) "Qualifying country" means any country listed in subsection 225.872-1(a) or (b) of the Defense Federal Acquisition Regulation Supplement (DFARS). (9) "Required form" means in the form of mill product, such as bar, billet, wire, slab, plate or sheet, and in the grade appropriate for the production of- (i) A finished end item delivered to the Department of Defense; or (ii) A finished component assembled into an end item delivered to the Department of Defense. (10) "Specialty metal" means- (i) Steel- (A) With a maximum alloy content exceeding one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or (B) Containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, molybdenum, nickel, niobium (columbium), titanium, tungsten, or vanadium. (ii) Metal alloys consisting of- (A) Nickel or iron-nickel alloys that contain a total of alloying metals other than nickel and iron in excess of 10 percent; or (B) Cobalt alloys that contain a total of alloying metals other than cobalt and iron in excess of 10 percent; (iii) Titanium and titanium alloys; or (iv) Zirconium and zirconium base alloys. (11) "Subsystem" means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion. (b) Except as provided in paragraph (c) of this clause, any specialty metals incorporated in items delivered under this contract shall be melted or produced in the United States, its outlying areas, or a qualifying country, except for- (1) Electronic components; (2) (i) Commercially available off-the-shelf (COTS) items; other than- (A) COTS fasteners, unless such fasteners are incorporated into COTS end items, subsystems, assemblies, or components. (B) Forgings or castings of specialty metals, unless such forgings or castings are incorporated into COTS end items, subsystems, or assemblies. (C) Commercially available high performance magnets, unless such high performance magnets are incorporated into COTS end items or subsystems; (ii) A COTS item is considered to be "offered without modification" as long as it is not modified prior to contractual acceptance by the next higher tier in the supply chain. (A) Specialty metals contained in a COTS item that was accepted without modification by the next higher tier are excepted and remain excepted even if a piece of the COTS item subsequently is removed (e.g., the end is removed from a COTS screw or an extra hole is drilled in a COTS bracket). (B) For specialty metals that were not contained in a COTS item upon acceptance, but are added to the COTS item after acceptance, the added specialty metals are subject to the restrictions (e.g., a special reinforced handle made of specialty metal that is added to a COTS item). (C) If two or more COTS items are combined in such a way that the resultant item is not a COTS item, only the specialty metals involved in joining the COTS items together are subject to the restrictions (e.g., a COTS aircraft is outfitted with a COTS engine, but not a COTS engine normally provided with that aircraft.) (D) For COTS items that are normally sold in the commercial marketplace with various options, items that include such options are also COTS items. However, if a COTS item is offered to the Government with an option that is not normally offered in the commercial marketplace, that option is subject to the specialty metals restrictions. (e.g., An aircraft is normally sold to the public with an option for several different radios. DoD requests a military-unique radio. The aircraft is still a COTS item, but the military-unique radio is not a COTS item, and must comply with the specialty metals restrictions, unless another excerption applies.) (3) Fasteners that are commercial items that are purchased under a contract or subcontract with a manufacturer of such fasteners, if the manufacturer has certified that it will purchase, during the relevant calendar year, an amount of domestically melted specialty metal, in the required form, for use in the production of fasteners for sale to the Department of Defense and other customers, that is not less than 50% of the total amount of the specialty metal that it will purchase to carry out the production of such fasteners for all customers. (4) Items manufactured in a qualifying country; (5) Items for which the Government has determined in accordance with 225.700x-3 of Class Deviation 2008-O0002 that specialty metal melted or produced in the United States cannot be acquired as and when needed in- (i) A satisfactory quality; (ii) A sufficient quantity; and (iii) The required form. (6) Specialty metals, other than specialty metals in high performance magnets, that do not meet any of the exceptions in paragraphs (b)(1) through (5) of this clause, if the total weight of such noncompliant metals does not exceed 2 percent of the total weight of specialty metals in the item, as estimated in good faith by the Contractor. (c) (1) Streamlined compliance for commercial derivative military articles. As an alternative to the compliance required in paragraph (b) of this clause, the Contractor may purchase an amount of domestically melted specialty metals in the required form, for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article, In the amount determined in accordance with paragraph (c)(2) of this clause if- (i) This is an acquisition of commercial derivative military articles; and (ii) The Contractor has certified in its offer in accordance with paragraph (c)(2) of this clause. (2) Certification for streamlined compliance for commercial derivative military articles (to be submitted with offer when applicable). The offeror [ ] certifies [ ] does not certify that prior to award it will have entered into a contractual agreement or agreements to purchase an amount of domestically melted or produced specialty metal in the required form for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article, that is not less than the Contractor's good faith estimate of the greater of- (i) An amount equivalent to 120% of the amount of specialty metal that is required to carry out the production of the commercial derivative military article (including the work performed under each subcontract); or (ii) An amount equivalent to 50% of the amount of specialty metal that is purchased by the contractor and its subcontractors for use during such period in the production of the commercial derivative military article and the related commercial article. (3) For the purposes of the certification in paragraph (c)(2) of this clause, the amount of specialty metal that is required to carry out the production of the commercial derivative military article includes specialty metal contained in any item, including commercially available off-the-shelf items, incorporated into such commercial derivative military article. (d) Unless the Contractor has certified in accordance with paragraph (c), the Contractor shall insert the substance of this clause, excluding paragraph (c) but including this paragraph (d), in all subcontracts for articles containing specialty metals. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2009) (IAW FAR 12.301(b)(2)) (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (l)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certification electronically via the ORCA website at http://orca.bpn.gov, After reviewing the ORCA 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 (m) 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 on ORCA.] (c) Check all that apply. (1) [ ] is, [ ] is not a small business concern. (2) [ ] is, [ ] is not a veteran-owned small business concern. (3) [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4) [ ] is, [ ] is not a small disadvantaged business concern. (5) [ ] is, [ ] is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) [ ] 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 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: ______________________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror 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 in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it [ ] is, [ ] is not an emerging 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).] (B) (Check one of the following): Average Annual Gross Number of Employees 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 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) [ ] is, [ ] is not certified by the Small Business Administration (B) [ ] has, [ ] has not submitted a completed application (ii) name of the small disadvantaged business concern that is participating in the joint venture:. (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, (ii) It [ ] is, [ ] is not a joint venture [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:___________________________________________.] (d) Representations required to implement provisions of Executive Order 11246-- (1) Previous Contracts and Compliance. The offeror represents that-- (i) [ ] has, [ ] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation; and (ii) [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) [ ] has developed and has on file, [ ] has not developed and does not have on file, (ii) [ ] has not previously had contracts subject to the written affirmative action programs requirement (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country Of Origin _______________ __________________ _______________ __________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act--Free Trade Agreement-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreement--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 or Moroccan 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 Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreement--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products: Line Item No. Country Of Origin _______________ __________________ _______________ __________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreement--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country Of Origin _______________ __________________ _______________ __________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreement--Israeli Trade Act": Canadian End Products: Line Item No. _______________ _______________ [List as necessary] (3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreement--Israeli Trade Act": (ii) Canadian or Israeli End Products: Line Item No. Country Of Origin _______________ __________________ _______________ __________________ [List as necessary] (4) 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)(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 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 America Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill (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 criminal tax laws, or receiving stolen property; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2)of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. section 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. section 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. section 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. section 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 (j)(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 (j)(1) of this provision, then the offeror must certify to either (j)(2)(i) or (j)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (j)(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 (j)(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 Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (1) [ ] Maintenance, calibration, or repair of certain equipment as 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 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 Act 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 a central contractor registration 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 it does not conduct any restricted business operations in Sudan. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS -- ALTERNATE I (APR 2002) (IAW FAR 12.301(b)(2)) As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (c)(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 the Pacific Islands (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 form India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). Individual/concern, other than one of the preceding. 5352.247-9005 SHIPPING CONTAINER MARKING (AFMC) (MAR 2003) (IAW AFMCFARS 5347.305-10(a)(91), AFMCFARS 5347.305-10(a)(93), AFMCFARS 5347.305-10(a)(94), AFMCFARS 5347.305-10(a)(95)) (a) MIL-STD-129 P (b) MIL-STD-129 P (c) Additional marking and/or bar coding requirement exceeding those of Mil-STD-129 P All shipping containers shall be marked using the following criteria: PACRN(s) Applicable to 5352.247-9005 Additional Bar Coding or Marking Requirements PAA Not Applicable 5352.247-9008 CONTRACTOR COMMERCIAL PACKAGING (AFMC) (SEP 1998) (IAW AFMCFARS 5347.305-10(a)(94)) (b) The exterior container shall be marked (readable from 24 inches): "NOT FOR OUTSIDE STORAGE." PACRN QUP PAA 001 F.O.B. ORIGIN (OCT 1993) (IAW FAR 47.305(b)) Any supply item applicable to this document shall be delivered F.O.B. at: F.O.B. Address [CONTRACTOR FILL-IN] WOODEN LUMBER, WOODEN PALLET AND PACKAGING/CONTAINER STATEMENT (FEB 2007) (IAW AFMC FORM 158) All wooden lumber, wooden pallets, and wooden containers produced entirely or in part of solid wood packing material (SWPM) shall be constructed from heat-treated (HT) material (HT 56 degrees centigrade or 133 degrees Fahrenheit for 30 minutes). Certification/marking is required by an accredited agency recognized by the American Lumber Standards Committee (ALSC). For reference documentation, see "International Standards for Phytosanitary Measures (ISPM) No. 15." This document can be found at www.ippc.int. ADDENDUM TO PROVISION 52.212-1 52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987) (IAW FAR 7.203)(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. (b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well. OFFEROR RECOMMENDATIONS ITEM QUANTITY QUOTATION PRICE TOTAL 52.225-18 PLACE OF MANUFACTURE (SEP 2006) (IAW FAR 25.1101(f)) (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. 52.247-46 SHIPPING POINT(S) USED IN EVALUATION OF F.O.B. ORIGIN OFFERS (APR 1984) (IAW FAR 47.305-3(b)(4)(ii)) 52.247-47 EVALUATION-F.O.B. ORIGIN (JUN 2003) (IAW FAR 47.305-3(f)(2)) (a) The Government normally uses * methods of transportation by regulated common carrier for shipment within the contiguous United States. * ITEM NO MODE OF TRANSPORTATION 0001 thru 0022 Surface Additional Clauses incorporated by reference are the following: 252.203-7002 Requirement To Inform Employees of Whistleblower Rights (JAN 2009) 52.211-8 Time of Delivery (JUN 1997) 5352.219-9001 Use of Joint Ventures in Meeting the Limitations on Subcontracting Requirement (AFMC) (NOV 2007) 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) 252.225-7013 Duty-Free Entry (OCT 2006) 252.232-7010 Levies on Contract Payments (DEC 2006) 52.247-1 Commercial Bill of Lading Notations (FEB 2006) 52.247-30 F.O.B. Origin, Contractor's Facility (FEB 2006) 52.247-30 F.O.B. Origin, Prepaid Freight - Small Package Shipments (JAN 1991) 5352.247-9000 Commercial Bill of Lading Shipments - Carrier's Rates (AFMC) (OCT 2008)
 

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