Loren Data's SAM Daily™

FBO DAILY ISSUE OF DECEMBER 09, 2011 FBO #3667
SOLICITATION NOTICE

70 -- HP Web Inspect Software Maintenance - J and A

Notice Date

12/7/2011
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541519 — Other Computer Related Services
 

Contracting Office

Defense Logistics Agency, DLA Acquisition Locations, DLA Contracting Services Office - Philadelphia, 700 Robbins Avenue, Philadelphia, Pennsylvania, 19111-5096, United States
 

ZIP Code

19111-5096
 

Solicitation Number

SP4701-12-Q-0046
 

Archive Date

12/28/2011
 

Point of Contact

Terry Schoen, Phone: 2157376117, Joseph Tierney, Phone: 215-737-2715
 

E-Mail Address

Terry.Schoen@DLA.MIL, joseph.tierney@dla.mil
(Terry.Schoen@DLA.MIL, joseph.tierney@dla.mil)
 

Small Business Set-Aside

N/A
 

Description

Justification and Approval Web Inspect Software Maintenance SP4701-12-Q-0046 DLA Contracting Services Office - Philadelphia intends to solicit for a requirement to renew software maintenance support for its HP Web Inspect licenses currently located throughout the Agency. A brand name or equal product is required for this requirement. This renewal is for products currently being maintained under three separate contracts: SP4705-11-P-0040 that covers the period of January 1, 2011-December 15, 2011; SP4705-11-F-1012, that covers the period of September 9, 2011-September 8, 2012; and SP4701-11-F-A152, which covers the period of September 21, 2011-September 20, 2012). In Accordance with FAR 12.603 this solicitation is issued as a request for quotes. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart12.6 using Simplified Acquisition Procedures under FAR Part 13; as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a proposal is being requested and a written solicitation will not be issued- PAPERCOPIES OF THE SOLICITATION WILL NOT BE AVAILABLE. The Government will not pay for information received. The NAICS code is 541519 with a size standard of $25M. The solicitation document and incorporated provisions and clauses are those in effect through the current Federal Acquisition Circular. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at this address: http://farsite.hill.af.mil. Web Inspect Software Maintenance SP4701-12-Q-0046 Request for Quote (RFQ) RFQ #: SP4701-12-Q-0046 TITLE: HP WEB INSPECT SOFTWARE MAINTENANCE PROCUREMENT OFFICE: Defense Logistics Agency (DLA) DLA Contract Services Office PHILADELPHIA SITE 700 Robbins Avenue Philadelphia, PA 19111-5092 OPENING DATE: 07 DECEMBER 2011 CLOSING DATE: 13 DECEMBER 2011 Web Inspect Software Maintenance SP4701-12-Q-0046 Section B: SCHEDULE OF SUPPLIES/SERVICES ITEM QTY DESCRIPTION POP Unit Price DLA Extended Price 1 15 HP Web Inspect 1 NUL POP 12/16/2011-12/15/2012 2 1 HP Web Inspect Concurrent (CC) User SW E-LTU POP 09/09/2012- 12/15/2012 3 1 HP LIM Server Software (SW) POP 09/09/2012-12/15/2012 4 2 HP Web Inspect CC User POP 09/21/2012-12/15/2012 5 1 HP LIM Server SW POP 09/21/2012-12/15/2012 BRAND NAME SPECIFIED IS MANDATORY The brand name maintenance referenced herein by manufacturer's name and/or part number and nomenclature shall be furnished in strict accordance with manufacturer's published data relating to this material. Complete interchangeability of parts with original equipment is mandatory. There is insufficient time to obtain and analyze data to insure interchangeability of parts if other than the brand name parts specified are furnished; therefore quotes offering other than the hardware and software referenced will be rejected. Basis for Award: Award will be made to the brand name, technically acceptable offer, which price is fair and reasonable. B.1 CONTRACT TYPE Firm Fixed Price B.2 AWARD WITHOUT DISCUSSION After the evaluation of quotes the Government may choose to negotiate with vendors with respect to their quotes. However, the Government also reserves the right to evaluate each vendor's quote and make an award without discussions. The quote submitted should contain the vendor's best terms. Additionally, the Government reserves the right to conduct discussions and request revisions to quotes, if it is determined to be necessary. B.3 NO AWARD The Government reserves the right not to make an award as a result of this RFQ if such award is determined contrary to the best interest of the Government. B.4 AWARD TO ONE VENDOR To maintain continuity and compliance within DLA Enterprise Telecommunications Network the Government will make an award to one vendor with the lowest price. B.5 Basis for Award Low price technically acceptable will be the basis for this quote. B.6 PERIOD OF PERFORMANCE ITEM QTY DESCRIPTION POP 1 15 HP Web Inspect 1 NUL 12/16/2011-12/15/2012 2 1 HP Web Inspect Concurrent (CC) User SW E-LTU 09/09/2012-12/15/2012 3 1 HP LIM Server Software (SW) 09/09/2012-12/15/2012 4 2 HP Web Inspect CC User 09/21/2012-12/15/2012 5 1 HP LIM Server SW 09/21/2012-12/15/2012 B.7 PLACE OF PERFORMANCE Defense Logistics Agency (DLA) 8725 John J Kingman Road Fort Belvoir, VA 22060 B.8 PAYMENT POINT OF CONTACT Micah Morris 215-737-2103 Micah.Morris@DLA.MIL B.9 CONTRACTING OFFICER Terry Schoen Phone #: (215) 737-6117. FAX #: (215) 737-7942. Email Address: Terry.Schoen@DLA.MIL B.10 SUBMISSION OF QUESTIONS Should the vendor have any questions with respect to this RFQ, they should submit them, via email, to the Contracting Officer referenced in Section 1.11, above. Any technical questions, requests for clarification or requests for data in connection with this RFQ must be submitted in writing on or before 12:00 PM Noon (Eastern Time) on (12 December 2011) to allow DLA adequate time to provide correct answers to the questions submitted and to prevent any delays in the closing date of the RFQ. Vendors are strongly urged to follow-up the submission of any questions with a phone call to the Contracting Officer to ensure that questions have been received B.11 PROPOSAL SUBMISSION INSTRUCTIONS 1) This RFQ will be posted on FED BIZ OPS system and is being made available to all resellers of Web Inspect Software Maintenance 2) All quotes must be submitted on or before (13 December 2011) at (12:00, Eastern Time. B.12 INVOICING INSTRUCTIONS The following correct information constitutes a proper invoice per Prompt Payment Act standards, and/or is required documentation for payment requests submitted to the DFAS payment offices: (1) Name and address of contractor or vendor. (2) Invoice date. (3) Contract number (including the order/call number where applicable), or other authorization for delivery of goods or services. Note: Do not use the Bid or Solicitation number. (4) Invoice number. (5) Shipment Number, including the date (where applicable). (6) Description: line item number, unit of measure, quantity, unit price, and extended amount, where applicable. (7) Shipping and payment terms (unless mutually agreed that this information is only required in the contract); including terms of any discount for prompt payment offered. (8) Point of Contact (POC) name (where practicable), title and telephone number of person to notify in the event that the invoice is defective. B.13 DFARS 252.232-70003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (MAR 2007) (a) Definitions. As used in this clause- (1) "Contract financing payment" and "invoice payment" have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2) "Electronic form" means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using one of the electronic forms provided for in paragraph (b) of this clause. (3) "Payment request" means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests using one of the following electronic forms: (1) Wide Area Work Flow-Receipt and Acceptance (WAWF-RA). Information regarding WAWF-RA is available on the Internet at https://wawf.eb.mil. (2) Web Invoicing System (WInS). Information regarding WInS is available on the Internet at https://ecweb.dfas.mil. (3) American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats. (i) Information regarding EDI formats is available on the Internet at http://www.X12.org. (ii) EDI implementation guides are available on the Internet at http://www.dod.mil/dfas/contractorpay/electroniccommerce.html. (4) Another electronic form authorized by the Contracting Officer. (c) The Contractor may submit a payment request in non-electronic form only when- (1) DoD is unable to receive a payment request in electronic (2) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment. (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests. INVOICES SHOULD BE SENT TO: Defense Logistics Agency (DLA) Information Operations (J-6) Enterprise Licensing (J-654) 8725 John J. Kingman Road Fort Belvoir, VA 22020-6220 POC: Micah Morris Telephone: (703) 767-2103 E-mail: Micah.Morris@DLA.MIL The DODAC for WAWF is SL4730. Section I: CLAUSES 52.222-50 COMBATTING TRAFFICKING IN PERSONSADDITIONAL CLAUSE FAR Clause 52.222-50, entitled Combating Trafficking in Persons is hereby incorporated by reference into this solicitation. Note: in this solicitation by reference. Its full text may be accessed electronically at http://www.dla.mil/j-3/j-336/icps.htm. Addendum to 52.212-4: The following paragraph(s) of 52.212-4 are amended as indicated below: 1. Paragraph (m), Delete paragraph (m) in its entirety and substitute the following: (m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1155.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. 2. Paragraph (t), Add the following paragraph: (5) Definitions. "Central Contractor Registration (CCR) Database" means the primary Government repository for contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) Code" means- (a) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or (b) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an "NCAGE code". "Data Universal Number System (DUNS) Number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System +4 (DUNS+4) Number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern. "Registered in the CCR Database" means that- (a) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; (b) The Contractor's CAGE code is in the CCR database; and (c) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service, and has marked the records "Active". The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TOIMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2010) •(a) 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, 108-8). (b) has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _X(1) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995), with Alternate I (SEP 2006) (41 U.S.C. 253g and 10 U.S.C. 2402). ___(2) 52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___(3) 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009)(Section 1553 of Pub L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___(4) 52.204-11 American Recovery and Reinvestment Act-Reporting Requirements (MAR 2009) (Pub. L. 111-5). ___(5) 52.219-3 Notice of Total HUB Zone Set-Aside (JAN 1999) (15 U.S.C. 657a). ___(6) 52.219-4 Notice of Price Evaluation Preference for HUB Zone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ___(7)[Reserved] ___(8)(i)52.219-6, Notice of Total Small Business Set-Aside (JUN 2003)(15 U.S.C. 644). ___ (ii) Alternate I (OCT 1995) of 52.219-6. ___ (iii) Alternate II (MAR 2004) of 52.219-6 ___(9)( ___ (ii) Alternate I (OCT 1995) of 52.219-7 ___ (iii) Alternate II (MAR 2004 of 52.219-7 ___(10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (DEVIATION 2009-O0009) (15 U.S.C. 637 (d)(2) and (3)). ___(11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15U.S.C. 637 (d)(4)). ___ (ii) Alternate I (OCT 2001) of 52.219-9 ___ (iii) Alternate II (OCT 2001) of 52.219-9 ___(12) 52.219-14 Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). ___(13) 52.219-16 Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___(14)(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). ___ (ii) Alternate I (JUN 2003) of 52.219-23. ___(15) 52.219-25 Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (APR 2008) (DEVIATION 2009-O0009) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___(16) 52.219-26 (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___(17) 52.219-27 2004) (15 U.S.C. 657f). ___(18) 52.219-28 632(a)(2)). _X_(19) 52.222-3 Convict Labor (JUN 2003) (E.O. 11755). _X_(20) 52.222-19,Child Labor-Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126). ___(21) 52.222-21 Prohibition of Segregated Facilities (FEB 1999). _X__(22) 52.222-26 Equal Opportunity (MAR 2007) (E.O. 11246). _X__(23)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). ___(24) 52.222-36, Affirmative Action for Workers with Disabilities(JUN 1998)(29U.S.C. 793). ___(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38U.S.C. 4212). ___(26) 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.) ___ (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). __ (28)52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (29)(i)52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). ___ (ii) Alternate I (DEC 2007) of 52.223-16. Paragraphs (30) through (32) are not applicable to DSCP acquisitions and have been deleted. _X (33) 52.225-13 statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___(34) 52.226-4 U.S.C. 5150). ___(35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). ___(36) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002 (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___(37) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 225(f), 10 U.S.C. 2307(f)). ___(38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). ___(39) 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332). ___(40) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). ___(41) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C.552a) Paragraph (42) is not applicable to DSCP acquisitions and has been deleted. (C) services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: ___ (1) 52.222-41 ___ (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) (SEP 2009) 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 (SEP 2009) (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 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 (d) The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965 (NOV 2007), (41 U.S.C. 351, et seq.). (ix) 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)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts forMaintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U.S.C. 351, et seq. (xi) 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.) (xii) 52.222-54, Employment Eligibility Verification (JAN 2009) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. Paragraph (xiv) is not applicable to DSCP acquisitions and has been deleted. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (NOV 2009) DFARS (a) which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. _X_ 52.203-3 Gratuites (APR 1984) (10 U.S.C. 2207) (b) 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, 847 of Pub. L. 110-181). (2)___252.205-7000, 1991) (10 U.S.C. 2416). (3)___252.219-7003, U.S.C. 637). (4)___252.219-7004 (5)___252.225-7001 E.O. 10582). (6) (7) 10 U.S.C. 2533b). (8) (9) 2533a). (10)___ 252.225-7016 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). (11) note). (12) U.S.C.2779). (13) 2003) (22 U.S.C. 2755). (14)(Program (JUL 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). (ii)__ Alternate I (JUL 2009) of 252.225-7036. (15) 2534(a)(3)). (16) Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). (17) (18) (10 U.S.C. 2321). (19) (MAR 2008) (10 U.S.C.2227). (20) 2006) (Section 1092 of Public Law 108-375). (21) (22) Bearer (JUL 2009) (Section 884 of Public Law 110-417). (23)( (ii)___Alternate I (MAR 2000) of 252.247-7023. (iii)___Alternate II (MAR 2000) of 252.247-7023 (iv)___Alternate III (MAY 2002) of 252.247-7023 (24)___ 252.247-7024 (c) to Implement Statutes or Executive Orders-Commercial Items clause of this contract (FAR 52.212-5) the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.237-7019, 1092 of Public Law 108-375). (2) 252.247-7003, 2009) (Section 884 of Public Law 110-417).. (3) 252.247-7023, (4) 252.247-7024, 52.212-9000 CHANGES - MILITARY READINESS (MAR 2001) DLAD The commercial changes clause at FAR 52.212-4(c) is applicable to this contract in lieu of the changes clause at FAR 52.243-1. However, in the event of a Contingency Operation or a Humanitarian or Peace Keeping Operation, as defined below, the contracting officer may, by written order, change- (1) the method of shipment or packing, and (2) the place of delivery. If any such change causes an increase in the cost of, or the time required for performance, the contracting officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The contractor must assert its right to an adjustment within 30 days from the date of receipt of the modification. "Contingency Operation" means a military operation that- (i) Is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or (ii) Results in the call or order to, or retention on, active duty of members of the uniformed services under 10 U.S.C. 688, 12301(a), 12302, 12304, 12305, or 12406, chapter 15 of U.S.C., or any other provision of law during a war or during a national emergency declared by the President or Congress (10 U.S.C. 101(a)(13)). "Humanitarian or Peacekeeping Operation" means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302(8) and 41 U.S.C. 259(d)(2)(B)). Addendum The following additional clauses are set forth in full text: 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.dla.mil/j-3/j-336/icps.htm OR http://www.dla.mil/j-3/j-336/logisticspolicy/ procurementlinks2.htm. The following additional clauses are incorporated by reference: CLAUSE TITLE/DATE 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country (DEC 2006) DFARS 252.211-7006 Radio Frequency Identification (FEB 2007) DFARS 52.211-9010 Shipping Label Requirements-MIL-STD-129P (MAY 2006) DLAD 52.211-9014 Contractor Retention of Traceability Documentation (OCT 2008) DLAD 252.225-7002 Qualifying Country Sources as Subcontractors (APR 2003) DFARS 52.232-17 Interest (OCT 2008) 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 52.242-13 Bankruptcy (JUL 1995) 52.242-15 Stop Work Order (AUG 1989) 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM)(FEB 2007) DLAD Solicitation Provisions Note: solicitation by reference. Its full text may be accessed electronically at http://www.dla.mil/j-3/j-336/icps.htm. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (AUG 2009) ALTERNATE I (APR 2002) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) -"Emerging Small Business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the North American Industry Classification System (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 for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. -"Inverted Domestic Corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). -"Manufactured End Product" except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSC) 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" otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. -"Restricted Business Operations" activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. -"Service-Disabled Veteran-Owned Small Business Concern"-- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). -"Small Business Concern" operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. -"Veteran-Owned Small Business Concern" percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. -"Women-Owned Business Concern" more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. -"Women-Owned Small Business Concern" percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Any changes provided by the offeror in paragraph (b) (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 certifications 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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _________________________. [Offeror to identify the applicable paragraphs at (c) through (n) 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) in the United States or its outlying areas. Check all that apply. (1) Small Business Concern. The offeror represents as part of its offer that it is, is not, a small business concern. (2) Veteran-Owned Small Business Concern. [provision.] The offeror represents as part of its offer that it is, is not, a veteran-owned small business concern. (3) Service-Disabled Veteran-Owned Small Business Concern. [paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it is, is not, a service-disabled veteran owned small business concern. (4) Small Disadvantaged Business Concern.Complete only if the offeror represented itself as a small business concern in paragraph [(c)(1) of this provision.] The offeror represents, for general statistical purposes, that it is, is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-Owned Small Business Concern.Complete only if the offeror represented itself as a small business concern in paragraph [(c)(1) of this provision.] The offeror represents that it is, is not, a women-owned small business concern. NOTE simplified acquisition threshold. (6) Women-Owned Business Concern (other than small business concern). [as a small business concern in paragraph (c)(1) of this provision.] 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 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 Complete only if the offeror has represented itself to be a small business concern under the the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [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).] Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the 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 of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). Check one of the following): Number of Employees Average Annual 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 Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status (i) General. The offeror represents that either-- (A) It is, is not, certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124,104(c)(2); or (B) It has, has not, submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [in the joint venture: ___________________________________________ (10) HUB Zone Small Business Concern. [(c)(1) of this provision.] The offeror represents as part of its offer that-- (i) It is, is not, a HUB Zone small business concern listed, on the date of this representation, on the List of Qualified HUB Zone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUB Zone employee percentage has occurred since it was certified 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 representation in paragraph (c)(10)(i) of this provision is accurate for the HUB Zone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUB Zone small business concern or concerns that are participating in the joint venture __________________________________________________________________. Each HUB Zone small business concern participating in the joint venture shall submit a separate signed copy of the HUB Zone 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 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 from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. (d) (1) Previous Contracts and Compliance. The offeror represents that-- (i) It has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It has, has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) (By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) (52.212-3.)Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate.The certificate in DFARS 252.225-7020 or 7035 shall be completed when it is provided as an (g) (Attachment to 52.212-3.)Certification Regarding Responsibility Matters (Executive Order 12689). (h) (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) Are, are not, presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) Have, have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) Are, are not, presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) Have, have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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 tax 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. The 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. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitled the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).) (1) Listed End Products. Listed End Product Listed Countries of Origin ________________ ____________________ ________________ ____________________ ________________ ____________________ ________________ ____________________ ________________ ____________________ (2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the Offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.) (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The Offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the Offeror certifies that it is not aware of any such use of child labor. (j) 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 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.) [The contracting officer is to check a box to indicate if paragraph (k)(l) or (k)(2) applies.] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003- 4(c)(1). The offeror does does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror does does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) the contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(l) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(l) 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)(l) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) registration database to be eligible for award.)All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this (1) 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) 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) 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) 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) Offeror is not owned or controlled by a common parent; Name and TIN of common parent: Name _________________________________________________________ TIN __________________________________________________________ (m) By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. Addendum Attachment to 52.212-3(The Contracting Officer SHALL: Insert either paragraph "(f)" or "(g)") here {The Contracting Officer SHALL: Insert here the full text of 252.225-7000, 252.225-7020 or 252.225-7035} (See instructions for the use of 52.212-3, Offeror Representations and Certifications-Commercial Items, at Part 12 Reference Tool entitled "Provision/Clause Usage".) 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS (JUN 2005) DFARS (a) As used in this clause-- the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) Continental Shelf as defined in 43 U.S.C. 1331. (3) means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (B) By submitting this offer, the Offeror, if a foreign person, company or entity certifies that it-- (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Seco dary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it-- Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. Does not anticipate that supplies will be transported by sea in the performance of anycontract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. Addendum The following additional provisions are set forth in full text: 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a FIRM FIXED contract resulting from this solicitation. 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (JUN 2001) DLAD (a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. (b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and with legal counsel (see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate. (c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force andeffect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate informationwith its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.dla.mil/j-3/j-336/icps.htm OR http://www.dla.mil/j-3/j-336/logisticspolicy/procurementlinks2.htm. The following additional provisions are incorporated by reference: PROVISION NUMBER TITLE/DATE 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country (OCT 2006) DFARS 52.233-9000 Agency Protests (SEP 1999) DLAD Representation of Extent of Transportation by Sea. (This representation does not apply to CERTIFICATION. "United States person" is defined in Section 16(2) of the Export Administration Act of 1979 and" United States" means the 50 States, the District of Columbia, outlying areas, and the outer" Foreign person" means any person other than a United States person as defined in Section 16(2) of Definitions. Prohibition on Contracting with Inverted Domestic Corporations. Restricted Business Operations in Sudan. Common Parent. Type of Organization. Taxpayer Identification Number (TIN).The TIN may be used by the Government to collect and report on any delinquent amounts arising Not applicable if the offeror is required to provide this information to a central contractor Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701).Place of Manufacture. (Does not apply unless the solicitation is predominantly for the acquisition Certification Regarding Knowledge of Child Labor for Listed End Products (Executive OrderB uy American Act Certificate.The certificate in DFARS 252.225-7000 shall be completed when it is provided as an Attachment to Applies only if the contract is expected to exceed $100,000.)Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).Representations required to implement provisions of Executive Order 11246--]Complete only if the offeror represented itself as a small business concern in paragraph The offeror shall enter the name of the small disadvantaged business concern that is participating.]Complete only if the offeror is a women-owned business concern and did not represent itself: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the Complete only if the offeror represented itself as a veteran-owned small business concern in Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of thisOfferors must complete the following representations when the resulting contract is to be performed annual Representations and Certifications. means a small business concern-- (1) That is at least 51means a concern which is at least 51 percent owned by one or means a small business concern- (1) Not less than 51means a concern, including its affiliates, that is independently owned andmeans business operations in Sudan that include power production nmeans the place where an end product is assembled out of components, or means any end product in Federal Supply Classes (FSC) 1000-9999,Definitions. As used in this provision--52.212-1, Instructions to Offerors-Commercial Items (JUN 2008) is incorporated in this Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).i)__252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).___252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost___252.243-7002 Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).___252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP___252.232-7003, Electronic Submission of Payment Requests and Receiving Reports___252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999)___252.227-7015 Technical Data -- Commercial Items (NOV 1995) (10 U.S.C. 2320).___252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and___ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005)(10 U.S.C.i)___252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payment___ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR___ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR2003) (22___ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) Section 8065___ 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.___ 252.225-7012 Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).___252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009)___252.225-7008 Restriction on Acquisition of Specialty Metals (JUL 2009) 10 U.S.C. 2533b).Buy American Act and Balance of Payments Program (JAN 2009)41 U.S.C. 10a-10d,Small Business Subcontracting Plan (Test Program) (AUG 2008)(15 U.S.C. 637 note).Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15Provision of Information to Cooperative Agreement Holders (DECRequirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section. The Contractor agrees to comply with any clause that is checked on the following list of Defense. The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause.)Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era,(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, Comptroller General Examination of Record. Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).Exemption from Application of the Service Contract Act to Contracts for Certain.).SERVICE CONTRACT ACT OF 1965 (NOV 2007) (41 U.S.C. 351, ET SEQ.).The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and Post Award Small Business Program Representation (APR 2009) (15 U.S.C.Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAYSmall Disadvantaged Business Participation Program-Incentive Subcontractingi) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003)(15 U.S.C. 644).The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer, The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, Central Contractor Registration(CCR).Termination for Cause. 52.212-4, Contract Terms and Conditions-Commercial Items (MAR
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DLA/J3/DSCP-PB/SP4701-12-Q-0046/listing.html)
 

Place of Performance

Address: Defense Logistics Agency (DLA), J654, ATTN: Micah J. Morris, 8725 John J. Kingman RD, Fort Belvoir, Virginia, 22060, United States

Zip Code: 22060
 

Record

SN02634962-W 20111209/111207234317-2013d87577e7fb8418fda3eaee11f5da (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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