SOLICITATION NOTICE
25 -- Equip Security Forces Vehicles - Attachments - Package #2
- Notice Date
- 5/19/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 336360
— Motor Vehicle Seating and Interior Trim Manufacturing
- Contracting Office
- Department of the Air Force, Direct Reporting Units, USAF Academy - 10 CONS, 8110 Industrial Drive, Suite 200, USAF Academy, Colorado, 80840-2315, United States
- ZIP Code
- 80840-2315
- Solicitation Number
- FA700015T0058
- Archive Date
- 6/13/2015
- Point of Contact
- Sharon D. Scheetz, Phone: 719-333-8927, Diana Myles-South, Phone: 719-333-8650
- E-Mail Address
-
sharon.scheetz@us.af.mil, Diana.South@us.af.mil
(sharon.scheetz@us.af.mil, Diana.South@us.af.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- USAFA K-9 TRUCK GRAPHICS USAFA Security Forces Car Graphics - Attachment 2 Combined Synopsis/Solicitation IAW FAR 12.603 This is a combined synopsis/solicitation for a Brand Name or Equal commercial item prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as solicitation number FA7000-15-T-0058 in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-80, effective 7 May 2015. The North American Industry Classification System Code [NAICS] is 336360 and the business size standard is 500 employees. The acquisition is a 100% SB set-aside. All responsible sources may submit a quote, which if received timely, will be considered by the 10 th Contracting Squadron, USAF Academy (USAFA). Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this Synopsis/Solicitation could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein. The government bares no legal liability for bid costs associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all costs associated with submitting a quote. Buy American Act and certification of compliance is required and must be submitted with quote (see DFARS clause 252.225-7001). ITEM DESCRIPTION : The USAF Academy has a Brand Name or Equal requirement to purchase parts and labor to equip one Ford F-150 MWD and two Ford Interceptors with equipment to perform Police duties. Please provide pricing for each of the following line items: ITEM 1 Purchase and install all associated law enforcement equipment for one Military K-9 Patrol Ford F-150. The following equipment is required to equip the K9 Police vehicle as follows: Qty Unit of Issue Unit Price Total Price CLIN 0001 BK0534FDT09F150 - PB400 Aluminum Push Bumper, Full Grille, '09+ Ford F-150 1 each CLIN 0002 AVT-SM6-R - Surface mount, 6LED, Red grill mounted LED 1 each CLIN 0003 AVT-SM6-B - Surface mount, 6LED, Blue grill mounted LED 1 each CLIN 0004 AVT-SM6MB-2 - Swivel Bracket for SM6 LEDs 1 each CLIN 0005 AVT-Speaker - 100 w Slim Speaker, w/ L Bracket 1 each CLIN 0006 ETHFSS-SP - Headlight Flasher 1 each CLIN 0007 325CL-0002 - 6" Spotlight -Black Head 1 each CLIN 0008 184RH Spotlight Bracket 1 each CLIN 0009 JV2RRBB - 56" Justice Wecan Light Bar Red/Blue with amber arrow 1 each CLIN 0010 MK61 Lightbar Mounting Strap Kit 1 each CLIN 0011 ETISSO-07+ - Ignition Security System 1 each CLIN 0012 MCS-EPIC9 - 9" MCS EPIC console box without knockout panels 1 each CLIN 0013 MCS-Cuphold 2 - Universal Heavy Duty Cup Holder 1 each CLIN 0014 7160-0085 - 29" Long top plate (wide) 1 each CLIN 0015 7160-0164 - Ford F-150 Leg Kit 2009 1 each CLIN 0016 7160-0321 - Faceplate, Motorola XTL 5000 and 2500 Control Head 1 each CLIN 0017 C-EB40 - WEP-1P-Equipment Bracket 1 each CLIN 0018 EPSL2S9 - Epsilon 2S9 Siren Amp/Control 1 each CLIN 0019 C-MC - MIC Clip Kit 1 each CLIN 0020 C-MCB - MIC Clip Bracket 1 each CLIN 0021 EM-M11001-058 - NMO Mount, 17' RG58/U Cable 1 each CLIN 0022 WEI-004 - Universal Dual Gun Rack No lockheads 1 each CLIN 0023 SC5XLH - Universal Gunlock Extra Large, Hand cuff key override 1 each CLIN 0024 EZRIDER F150 - EZ Rider K9 Insert, F150 Crew Cab Powder coated black 1 each CLIN 0025 EZ RIDER MAT - Mat to fit EZ Rider 1 each CLIN 0026 EZCOOLGUARD - EZ Rider COOLGUARD, Temp monitoring system, fan, window drop 1 each CLIN 0027 EZCOOLPAGE - EZ Rider COOLPAGE paging system 1 each CLIN 0028 EZRESCUE - EZ Rider Door Kit 1 each CLIN 0029 AVT-CORNER-6PJJ Dual Corner hideaway 6LED, 2x Red/Blue split color, pop-in style (Pair) 1 each CLIN 0030 CG-X - Chargeguard, Universal, Control Module to monitor battery voltage and turn off the lights when the voltage gets to low 1 each CLIN 0031 WIREHARNESS - AVT Wire Harness 1 each CLIN 0032 GRAPHICS - Custom Vehicle Graphics - Supply and install graphics to match customers current units. The letters must be all red - 3 inches in height and must say CAUTION: MILITARY WORKING DOG See Attachment 1 1 each CLIN 0033 Item Provided by the customer - Motorola XTL 2500 Radio PLEASE PROVIDE COST FOR INSTALLATION 1 each CLIN 0034 Item Provided by the customer - Radio Antenna PLEASE PROVIDE COST FOR INSTALLATION 1 each TOTAL for CLINS 0001-0034 ITEM 2 Purchase and install all associated law enforcement equipment for two patrol Ford Interceptors. The following equipment is required to equip each of the two cars as follows: CLIN 0001 BK0532ITS12 - PB400 Aluminum Push Bumper, 12-13 Interceptor Sedan 2 each CLIN 0002 AVT-CORNER-6TWW - Twist Lock Corner LED (PAIR) for Ford Interceptors, White/White 2 each CLIN 0003 SA315P - Siren Speaker 2 each CLIN 0004 SAK39 - Bracket, SA315P Speaker, 13+ Interceptor Sedan 2 each CLIN 0005 AVT-SM6-R - Surface mount, 6LED, Red surface mount on bumper/grill 2 each CLIN 0006 AVT-SM6-B - Surface mount, 6LED, Blue surface mount on bumper/grill 2 each CLIN 0007 AVT-SM6MB-2 - Swivel Bracket for SM6 LEDs 2 each CLIN 0008 JV8RRBB - Justice 50" Lightbar, Red Driver Side, Blue Passenger Side, Includes All red/blue with amber arrow 2 each CLIN 0009 MK76L - Mounting Kit, 12+ Police Interceptor Sedan 2 each CLIN 0010 Item Provided by the customer - Radar Dual antenna - PLEASE PROVIDE COST FOR INSTALLATION 2 each CLIN 0011 7160-0409 - Console Box Including Arm Rest & Cup Holder, 13+ Ford Police Interceptor 2 each CLIN 0012 7160-0322 - One Piece Faceplate, Motorola XTL 5000 and 2500 2 each CLIN 0013 Item Provided by the customer - Motorola XTL 2500 radio - PLEASE PROVIDE COST FOR INSTALLATION 2 each CLIN 0014 3130-0361 - 2" blank knockout plate with 14.0570 - Single Accessory Outlet 2 each CLIN 0015 14.0571 - Chrome Mounting Bracket 2 each CLIN 0016 C-EB40-WEP-1P - Equipment Bracket mounts Epsilon Siren 2 each CLIN 0017 EPSL2S9 - Epsilon 2S9 Siren Amp/Control 2 each CLIN 0018 C-MC - MIC Clip Kit 2 each CLIN 0019 C-MCB - MIC Clip Bracket 2 each CLIN 0020 GK10342UHKSVXL - Dual T-Rail gunrack, 2 SC5XLH lockheads, Handcuff key override, Truck 2 each CLIN 0021 PK0315ITS12SCA - #10S-RP Partition with Coated Polycarbonate Window and Recessed Slide 2 each CLIN 0022 Item Provided by the customer - Weapons Mount - PLEASE PROVIDE COST FOR INSTALLATION 2 each CLIN 0023 ST0380ITS12 2PC Lower Extension Panel, 12+ Ford Police Interceptor Sedan 2 each CLIN 0024 S36INT13 - Rear Transport Seat, 2013 Ford Police Interceptor, Charcoal Grey ABS 2 each CLIN 0025 AVT-CORNER-6PJJ - Dual Corner hideaway 6LED, 2x Red/Blue split color, pop-in style (Pair) 2 each CLIN 0026 ETISSO-07+ - Ignition Security System 2 each CLIN 0027 Item Provided by the customer - MB8U - 17"Antenna Cable RG58/U - PLEASE PROVIDE COST FOR INSTALLATION 2 each CLIN 0028 CG-X - Chargeguard, Universal, Control Module to monitor battery voltage and turn off the lights when the voltage gets to low 2 each CLIN 0029 WIREHARNESS - AVT Wire Harness 2 each CLIN 0030 7160-0313 - Power Distribution Block, 6 Circuit w/NEG Bus 2 each CLIN 0031 GRAPHICS - Supply and install graphics to match customers current units See Attachment 2 2 each TOTAL for CLINS 0001-0031 TOTAL PRICE FOR Items 1 &2 $__________ The following FAR clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, past performance, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business, Technical information (descriptive literature) warranty information, and acknowledgement of solicitation amendments if required. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Quotes, technical information and past performance information must be received no later than 1:00 pm Mountain Daylight Time (MDT), 29 May 2015 at the 10 CONS/LGCB, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Please submit quotes (or questions) by e-mail to the attention of Sharon Scheetz, Contract Specialist at 719-333-8927 ; email address sharon.scheetz@us.af.mil. In their absence, please contact Diana Myles-South, Contracting Officer at 719-333-8650 at email address diana.south@us.af.mil. Addenda to FAR 52.212-1, PROPOSAL PREPARATION INSTRUCTIONS Addendum to FAR 52.212-1(e) Multiple Offers is amended as follows: Multiple offers will not be accepted. Addendum to FAR 52.212-1(h) multiple awards is amended as follows: "The Government will award a contract on an "all or none" basis, multiple awards shall not be contemplated." Addenda to 52.212-1 QUOTE PREPARATION INSTRUCTIONS a. To assure timely and equitable evaluation of the quotes, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements and past performance information. 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. The response shall consist of four (4) separate parts; Part I - Price, Part II - Technical Information, Part III - Past Performance and Part IV - Contract Documentation (Representation and Certification). b. The contracting officer has determined there is a high probability of adequate price competition for this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. c. Specific Instructions: 1. PART I - PRICE PROPOSAL - Submit on company letterhead the unit price for each line item to include extended price with an overall total price. 2. PART II - TECHNICAL - Submit a copy of technical - Offeror must submit technical information (literature) that adequately demonstrates their quote meets the salient characteristics annotated in the contract line items (Item 1 - CLINS 0001 through 0032 and Item 2 - CLINs 0001 through 0031) of this solicitation regarding the Brand Name or Equal requirement. A general statement of compliance or restatement of the salient characteristics is insufficient. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer, bid sample or pictures and literature. If an offeror cannot comply with every requirement that offer will not be considered. 3. Part III - Past Performance - Provide a list of no more than three (3) references of the most recent and relevant contracts performed for commercial customers, Federal agencies, or other military organizations that have used, or are currently using the same or similar service proposed for this contract. 4. Part IV - CONTRACT DOCUMENTATION (Representation and Certification). a. The provision at FAR 52.212-3, Offeror Representations and Certifications - commercial Items (Mar 2015) and its Alternate I (Alt I) (Oct 2014) must be completed. Offerors are highly encouraged to complete all representations and certifications electronically online at: ( http://orca.bpn.gov/publicsearch.aspx ). If not completed online, 52.212-3 Alt I shall be completed in hard copy and submitted with quote, (this provision is included within this solicitation). Subject provisions are available at http://farsite.hill.af.mil. b. The provision at DFARS 252.209-7992, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Federal Law-Fiscal Year 2015 Appropriations, Deviation 2015-O0005, (Dec 2014) must be completed and returned with quote, which this provision is included within this solicitation. c. The provision at DFARS 252-225-7000, Buy American - Balance of Payment Program Certificate - Basic (Nov 2014) must be completed and returned with quote(this provision is included within this solicitation). d. Price quotes must be Firm-Fixed Price to include shipping and handling charges based on F.O.B. Destination. Quotes received with FOB: Other than Destination need to provide the estimated shipping charges with their quote as a separate line item. Delivery is required no later than 8 weeks after receipt of order (ARO). e. The System for Award Management (SAM), contractors must be registered with SAM to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration ( www.sam.gov ). f. Provide a written statement that the offeror's proposal incorporates all amendments to the solicitation (if applicable). ADDRESS: 10 th Security Forces Squadron 8024 Industrial Drive USAF Academy, CO 80840 The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition: 52.212-2 Evaluation - Commercial Items (Oct 2014) a. The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: 1. Price 2. Meeting or exceeding salient characteristics on a (Pass/Fail Basis) IAW FAR 52.211-6 Brand Name or equal. 3. Past Performance Paragraphs b and c are not applicable as shown below: b. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). c. A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) ADDENDUM TO 52.212-2 -- Evaluation -- Commercial Items (Oct 2014). BASIS FOR CONTRACT AWARD: In accordance with FAR Part 12 and 13, the Government is conducting a best value award decision based on price, technical information and past performance IAW FAR 13.106. Award will be based on an integrated assessment of price, technical and past performance of responsive quotes. This approach allows the Government to accept other than the lowest priced quote or other than the highest past performance rated quote to achieve a best-value contract award. The affordability of any trade-off will be assessed in the best value decision. 1. Price Evaluation. The Total Evaluated Price (TEP) will include the proposed unit price multiplied by the quantity for the Contract Line Item Number (CLIN). The unit price of the offeror' s quote shall control any conflict between the unit price and the extended amount. The price evaluation will document the completeness, balance, and affordability (based on available government budget) of the quoted price. 2. Award will be made to the quote with the best value that meets or exceeds the salient characteristics on pass/fail basis of this requirement IAW FAR 52.211-6 Brand name or equal as listed below: ITEM 1 Purchase and install all associated law enforcement equipment for one Military K-9 Patrol Ford F-150. The following equipment is required to equip the K9 Police vehicle as follows: Qty Unit of Issue BK0534FDT09F150 - PB400 Aluminum Push Bumper, Full Grille, '09+ Ford F-150 1 each AVT-SM6-R - Surface mount, 6LED, Red grill mounted LED 1 each AVT-SM6-B - Surface mount, 6LED, Blue grill mounted LED 1 each AVT-SM6MB-2 - Swivel Bracket for SM6 LEDs 1 each AVT-Speaker - 100 w Slim Speaker, w/ L Bracket 1 each ETHFSS-SP - Headlight Flasher 1 each 325CL-0002 - 6" Spotlight -Black Head 1 each 184RH Spotlight Bracket 1 each JV2RRBB - 56" Justice Wecan Light Bar Red/Blue with amber arrow 1 each MK61 Lightbar Mounting Strap Kit 1 each ETISSO-07+ - Ignition Security System 1 each MCS-EPIC9 - 9" MCS EPIC console box without knockout panels 1 each MCS-Cuphold 2 - Universal Heavy Duty Cup Holder 1 each 7160-0085 - 29" Long top plate (wide) 1 each 7160-0164 - Ford F-150 Leg Kit 2009 1 each 7160-0321 - Faceplate, Motorola XTL 5000 and 2500 Control Head 1 each C-EB40 - WEP-1P-Equipment Bracket 1 each EPSL2S9 - Epsilon 2S9 Siren Amp/Control 1 each C-MC - MIC Clip Kit 1 each C-MCB - MIC Clip Bracket 1 each EM-M11001-058 - NMO Mount, 17' RG58/U Cable 1 each WEI-004 - Universal Dual Gun Rack No lockheads 1 each SC5XLH - Universal Gunlock Extra Large, Hand cuff key override 1 each EZRIDER F150 - EZ Rider K9 Insert, F150 Crew Cab Powder coated black 1 each EZ RIDER MAT - Mat to fit EZ Rider 1 each EZCOOLGUARD - EZ Rider COOLGUARD, Temp monitoring system, fan, window drop 1 each EZCOOLPAGE - EZ Rider COOLPAGE paging system 1 each EZRESCUE - EZ Rider Door Kit 1 each AVT-CORNER-6PJJ Dual Corner hideaway 6LED, 2x Red/Blue split color, pop-in style (Pair) 1 each CG-X - Chargeguard, Universal, Control Module to monitor battery voltage and turn off the lights when the voltage gets to low 1 each WIREHARNESS - AVT Wire Harness 1 each GRAPHICS - Custom Vehicle Graphics - Supply and install graphics to match customers current units. The letters must be all red - 3 inches in height and must say CAUTION: MILITARY WORKING DOG 1 each Item Provided by the customer - Motorola XTL 2500 Radio PLEASE PROVIDE COST FOR INSTALLATION 1 each Item Provided by the customer - Radio Antenna PLEASE PROVIDE COST FOR INSTALLATION 1 each ITEM 2 Purchase and install all associated law enforcement equipment for two patrol Ford Interceptors. The following equipment is required to equip each of the two cars as follows: BK0532ITS12 - PB400 Aluminum Push Bumper, 12-13 Interceptor Sedan 2 each AVT-CORNER-6TWW - Twist Lock Corner LED (PAIR) for Ford Interceptors, White/White 2 each SA315P - Siren Speaker 2 each SAK39 - Bracket, SA315P Speaker, 13+ Interceptor Sedan 2 each AVT-SM6-R - Surface mount, 6LED, Red surface mount on bumper/grill 2 each AVT-SM6-B - Surface mount, 6LED, Blue surface mount on bumper/grill 2 each AVT-SM6MB-2 - Swivel Bracket for SM6 LEDs 2 each JV8RRBB - Justice 50" Lightbar, Red Driver Side, Blue Passenger Side, Includes All red/blue with amber arrow 2 each MK76L - Mounting Kit, 12+ Police Interceptor Sedan 2 each Item Provided by the customer - Radar Dual antenna - PLEASE PROVIDE COST FOR INSTALLATION 2 each 7160-0409 - Console Box Including Arm Rest & Cup Holder, 13+ Ford Police Interceptor 2 each 7160-0322 - One Piece Faceplate, Motorola XTL 5000 and 2500 2 each Item Provided by the customer - Motorola XTL 2500 radio - PLEASE PROVIDE COST FOR INSTALLATION 2 each 3130-0361 - 2" blank knockout plate with 14.0570 - Single Accessory Outlet 2 each 14.0571 - Chrome Mounting Bracket 2 each C-EB40-WEP-1P - Equipment Bracket mounts Epsilon Siren 2 each EPSL2S9 - Epsilon 2S9 Siren Amp/Control 2 each C-MC - MIC Clip Kit 2 each C-MCB - MIC Clip Bracket 2 each GK10342UHKSVXL - Dual T-Rail gunrack, 2 SC5XLH lockheads, Handcuff key override, Truck 2 each PK0315ITS12SCA - #10S-RP Partition with Coated Polycarbonate Window and Recessed Slide 2 each Item Provided by the customer - Weapons Mount - PLEASE PROVIDE COST FOR INSTALLATION 2 each ST0380ITS12 2PC Lower Extension Panel, 12+ Ford Police Interceptor Sedan 2 each S36INT13 - Rear Transport Seat, 2013 Ford Police Interceptor, Charcoal Grey ABS 2 each AVT-CORNER-6PJJ - Dual Corner hideaway 6LED, 2x Red/Blue split color, pop-in style (Pair) 2 each ETISSO-07+ - Ignition Security System 2 each Item Provided by the customer - MB8U - 17"Antenna Cable RG58/U - PLEASE PROVIDE COST FOR INSTALLATION 2 each CG-X - Chargeguard, Universal, Control Module to monitor battery voltage and turn off the lights when the voltage gets to low 2 each WIREHARNESS - AVT Wire Harness 2 each 7160-0313 - Power Distribution Block, 6 Circuit w/NEG Bus 2 each GRAPHICS - Supply and install graphics to match customers current units See Attachment 1 2 each 3. Past Performance Assessment. The government will evaluate the quality and extent of a quoter's performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the quoter and other sources such as other Federal government offices and commercial sources, to assess performance. 52.211-6 - BRAND NAME OR EQUAL (Aug 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 2014) applies to this acquisition. ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)) (End of Addendum) 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://farsite.hill.af.mil 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Jul 2014) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (May 2014), (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 for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (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 (May 2014) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2014) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-O0010)(FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remediesin the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (End of clause) Additional FAR clauses by reference cited in the clause applicable to this acquisition are: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.209-6 Protecting the Governments Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 52.219-6 Notice of Total Small Business Set-aside (Nov 2011) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Jan 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Apr 2015) 52.222-36 Equal Opportunity for Workers w/Disabilities (July 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relation Act (Dec 2010) 52.222-50 Combat Trafficking in Persons (Mar 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) 52.232-40 Providing Accelerated Payments to Small Business Contractors (May 2014) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) Additional DFARS clauses cited in the clause applicable to this acquisition are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Nov 2013) 252.204-7015 Disclosure of Information to litigation Support Contractors (Feb 2014) 252.225-7001 Buy American and Balance of Payments Program - Basic (Nov 2014) 252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2012) 252.225-7031 -Secondary Arab Boycott of Israel (Jun 2005) 252.232-7003 Electronic Submission of Payment Requests and Receiving (Jun 2012) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) (End of clause) 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Stand Alone (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. Destination (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F67100 Issue By DoDAAC FA7000 Admin DoDAAC FA7000 Inspect By DoDAAC F4B810 Ship To Code F4B810 (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. sharon.scheetz@us.af.mil (Contract Specialist) diana.south@us.af.mil (Contracting Officer) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. sharon.scheetz@us.af.mil (Contract Specialist) diana.south@us.af.mil (Contracting Officer) (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) AFFARS CLAUSE IN FULL TEXT: 5352.201-9101 OMBUDSMAN (APR 2014) (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 interested 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, the interested party may contact the ombudsman, James Anderson 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 email: james.anderson@us.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman level, may be brought by the interested 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 (571) 256-2395, facsimile number (571) 256-2431. (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. (End of clause) PROVISIONS: 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. As prescribed in 12.301 (b)(2), insert the following provision: Offeror Representations and Certifications -- Commercial Items (Mar 2015) and Alternate I ( Oct 2014 The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [ The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture : __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [ List as necessary ] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [ List as necessary ] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [ List as necessary ] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [ List as necessary ] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [ List as necessary ] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code:_____________________________________________ Immediate owner legal name:______________________________________________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest level owner CAGE code:_____________________________________________ Highest level owner legal name:______________________________________________ (Do not use a "doing business as" name) (End of Provision) Alternate I ( Oct 2014). As prescribed in 12.301 (b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) [ The offeror shall check the category in which its ownership falls ]: ____ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. 252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2015 APPROPRIATIONS (DEVIATION 2015-OO0005) (DEC 2014) (a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) DFARS 252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012) (a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of provision) DFARS 252.225-7000 Buy American - Balance of Payments Program Certificate As prescribed in 225.1101 (1), use one of the following provisions: Basic. As prescribed in 225.1101 (1)(i), use the following provision: BUY AMERICAN-BALANCE OF PAYMENTS PROGRAM CERTIFICATE-BASIC (Nov 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States," as used in this provision, have the meanings given in the Buy American and Balance of Payments Program-Basic clause of this solicitation. (b) Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American and Balance of Payments Program-Basic clause of this solicitation, the offeror certifies that- (i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: Line Item Number Country of Origin (3) The following end products are other foreign end products, including 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 (ii) of the definition of "domestic end product": Line Item Number Country of Origin (If known) (End of provision) PROVISIONS INCORPORATED BY REFERENCE 252.203-7005 Representation Relating to Compensation of Former DOD Officials (Nov 2011) 252.204-7011 Alternative Line-Item structure (Sep 2011)
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