Annual Service Inspection, Maintenance and On-Call repair for Air Compressors and Seccant Filtration Systems
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
(ii) This solicitation document, H92239-19-Q-0001, is issued as a Request for Quote (RFQ).
(iii) This solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-100, effective August 22, 2018.
(iv) This requirement is 100% set-aside for total Small Businesses and only qualified vendors may submit quotes. Quotes received from other than small business will be rejected. The North American Classification System (NAICS) code is 811310, "Commercial and Industrial Machinery and Equipment Repair and Maintenance", with a size standard of $7,500,000 dollars. This solicitation is issued under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures for Certain Commercial Items and FAR Part 12.
(v) Prices shall be listed for each Contract Line Item Number (CLIN) of this RFQ. The following is a list of the associated CLINs:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each
Annual Maintenance Inspection/ Parts
FFP
Base Period: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job $20,000.00 (Not to Exceed)
As-Needed Repairs (Emergency and Non-Emergency)
Cost Reimbursable
Base Period: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services.
Provide Hourly Repair Rate__________
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1001 1 Each
Annual Maintenance Inspection/ Parts
FFP
Option Period One: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1002 1 Job $20,600.00 (NTE)
As-Needed Repairs (Emergency and Non-Emergency)
Cost Reimbursable
Option Period One: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services.
Provide Hourly Repair Rate__________
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2001 1 Each
Annual Maintenance Inspection/ Parts
FFP
Option Period Two: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2002 1 Job $21,218.00 (NTE)
As-Needed Repairs (Emergency and Non-Emergency)
Cost Reimbursable
Option Period Two: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services.
Provide Hourly Repair Rate__________
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
3001 1 Each
Annual Maintenance Inspection/Parts
FFP
Option Period Three: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
3002 1 Job $21,855.00 (NTE)
As-Needed Repairs (Emergency and Non-Emergency)
Cost Reimbursable
Option Period Three: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services.
Provide Hourly Repair Rate__________
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
4001 1 Each
Annual Maintenance Inspection/Parts
FFP
Option Period Four: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
4002 1 Job $22,510.00 (NTE)
As-Needed Repairs (Emergency and Non-Emergency)
Cost Reimbursable
Option Period Four: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services.
Provide Hourly Repair Rate__________
(vi) This requirement provides annual maintenance services and as-needed repairs of Bauer Air Compressors. The required services will be performed on four (4) Bauer Air Compressor Units and two (2) Seccant Filtration Systems. The annual maintenance will be performed once per year.
(vii) Services shall be performed at the United States Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS) Dive School in Key West, Florida. The period of performance consists of a base period of twelve (12) months and four (4) one-year options. Performance is estimated to begin on/around 10 February 2019.
(viii) The provision at FAR 52.212-1, Instruction to Offerors- Commercial Items, applies to this acquisition.
FAR 52.212-1 ADDENDUM
52.212-1 INSTRUCTIONS TO OFFERORS -COMMERCIAL ITEMS ADDENDUM
1) Replace paragraph (b) entitled "Submission of Offerors" with the following instructions:
(b) Submission of Quotes. Submit signed and dated quote at or before the date specified in this solicitation. Failure to provide all required documents or information may exclude the Vendors from further consideration. Only signed quotes submitted will be accepted. Quotes shall be submitted electronically to Mrs. Rochene Carroll, Contract Specialist, rochene.carroll@socom.mil and Mr. Justin Burke, Contracting Officer, justin.burke@socom.mil.
This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to Federal Business Opportunities (FBO) at www.fbo.gov . It is the responsibility of each vendor to review the webpage for notice of amendments, updates, or changes to current information.
All inquiries during the solicitation phase should be directed to the Procuring Contracting Officer (PCO) Mr. Justin Burke at justin.burke@socom.mil and courtesy copy (cc:) Contract Specialist, Mrs. Rochene Carroll, rochene.carroll@socom.mil Vendors are requested to review the solicitation and submit only written questions and/or comments with email subject line reference: Ref: Annual Air Compressor/Seccant Filtration Maintenance/repair Support H92239-19-Q-0001. All questions must be submitted no later than Tuesday, 15 January 2019 at 4:00 P.M. EST. to allow a reasonable time for the Government to respond. All quotes are due no later than Tuesday, 22 January 2019 at 4:00 PM EST.
The quote shall be no more than 5 pages (8.5 x 11 inch paper, Times New Roman, 10 font minimum, MS Word 2010 or earlier) and must contain the following:
TAB A-Factor 1: Technical Capability: The Vendor shall provide:
i. Subfactor 1: Permits/Certifications/Registrations: The Vendor shall provide valid proof of its factory authorization with Bauer Compressor, Incorporation to be an authorized Bauer Compressor, Inc. sales and service distributors. Any presented certifications shall NOT count against the page limit.
ii Subfactor 2: Technical Understanding. The Vendor shall provide a narrative that demonstrates its understanding to meet the requirements in accordance with the Performance Work Statement (PWS) for this contract. To demonstrate this, the contractor shall discuss the following:
a. Discuss its capability to provide the requested service maintenance/inspection on Air Compressors and Seccant Filtration systems.
b. Discuss its plan to meeting the Government's emergency and non-scheduled repair request(s).
c. Discuss its ability to provide Brand Name Original Equipment Manufacturer (OEM) recommended service/replacement parts for all items identified in the PWS and Brand Name Justification and Approval.
iii Subfactor 3: Technical Experience. The Vendor shall demonstrate relevancy of corporate experience and core competency in providing maintenance and repair to Air Compressors and Seccant Filtration systems.
TAB B - Factor 2: Price: The Vendor Shall provide:
i. Subfactor 1: Pricing: The Vendor shall provide its proposed pricing in accordance with the Contract Line Item Number (CLIN) structure in this combined/synopsis. The Vendor shall also include a total proposed price by adding all the CLINS together. All quotes will be ranked according to price, including option prices. A vendor's proposed prices will be determined by multiplying the quantities identified in the schedule by the proposed unit price for each CLIN to confirm the extended amount for each. All extended CLIN amounts will be totaled for evaluation purposes. Individual pricing for each line must be completed. Price will be evaluated for reasonableness. Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate, if applicable. If the Government deems this information is not sufficient to determine reasonableness, the Government may use other techniques as appropriate to determine price reasonableness for the acquisition.
TAB C - Acknowledgment of Solicitation Amendments. The vendor must submit a statement to acknowledge solicitation amendments, if applicable.
TAB D - Representations and Certifications. The vendor must complete and submit the required representations and certifications in accordance with FAR 52.212-3 Alt I and DFARS 252.212-7000.
2. Replace paragraph (c) entitled "Period for acceptance of offers" with the following instructions:
Period for acceptance of offers. The Vendor agrees to hold the prices in its offer firm for 90 days from the date specified for receipt of quotes.
3) Replace paragraph (e) entitled "Multiple offers" with the following instructions:
(e) Multiple quotes. Vendors should submit only one quote presenting the terms and conditions or commercial items for satisfying the requirements of this solicitation.
3) Replace paragraph (g) entitled "Contract Award (not applicable to Invitation for Bids) with the following instructions:
(g) Contract award (not applicable to Invitation for Bids). Quotations shall contain the Vendor's best technical and price terms. The Government intends to evaluate quotes and award a contract without discussions with Vendors. Therefore, the Vendor's initial quote should contain its best terms from a price and technical standpoint. The Contracting Officer will not negotiate with any Vendors other than those of the Government's choice and will not use the formal source selection procedures described in FAR Part 15. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.
4) Replace paragraph (h) entitled "Multiple awards" with the following instructions:
(h) Multiple awards. The Government will award on an "all or none" basis.
(ix) The Provision at FAR 52.212-2, Evaluation- Commercial Items, applies to this acquisition.
(a) The Government will award a contract resulting from this solicitation to the responsible Vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate quotes:
1.0 BASIS FOR AWARD -
1.1 Basis of Award: The Government will award a contract resulting from this solicitation to the responsible Vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The policies and procedures under the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR Subpart 13, Simplified Acquisition Procedures, will be utilized for this procurement.
1.2 The Government's technical evaluation team will evaluate the quote to determine if it is either Technically Acceptable or Technically Unacceptable (price excluded). In order to be considered Technically Acceptable, the quote for each factor must be determined Acceptable and must demonstrate an understanding of the requirement that meets the needs of the solicitation and PWS. Failure to meet the criteria will render the quote to be Technically Unacceptable and will not be considered for award.
1.3 The Government will evaluate the quote strictly in accordance with this solicitation and will not assume that performance will include areas not specified in the Vendor's submission.
1.4 The Government intends to award the contract without discussions. Therefore, the quote should contain the Vendor's best terms from Technical Capability and Price Reasonableness standpoint. Additional oral or written information from the Contractor may be requested. The Government reserves the right to conduct discussions. If a revised quote is requested, it will be evaluated against the same criteria as was the initial quote.
2. EVALUATION CRITERIA
The Government will use the criteria set forth below to evaluate and select the awardee. Evaluation criteria consist of two (2) evaluation factors. The quotes will be evaluated under the following evaluation factors:
Factor 1: Technical Capability
Subfactor 1: Permits/Certifications/Registrations
Subfactor 2: Technical Understanding
Subfactor 3: Technical Experience
Factor 2: Price
Assigning Ratings: The Technical Capability Factor will be assigned one of the ratings defined below. To be considered technically acceptable, Vendor must demonstrate the capability to provide the requirements set forth in the PWS. The Government will not roll up subfactors for an overall Factor 1 rating. In order to be considered for award, there must be an "acceptable" rating in every technical subfactor.
Table A-1. Technical Acceptable/Unacceptable Ratings
Rating Description
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
Factor 1 - Technical Capability.
i. Subfactor 1: Permits/Certifications/Registrations: The Vendor will be evaluated to ensure that it presented its proof of its factory authorization with Bauer Compressor, Incorporation to be an authorized Bauer Compressor, Inc. sales and service distributor. Failure to meet this subfactor will preclude any further evaluation.
ii. Subfactor 2: Technical Understanding. The Vendor's Technical Understanding must
demonstrate a thorough understanding of all the requirements in the PWS. The Vendor will be evaluated as follows:
a. The Government will evaluate the Vendor's approach to determine whether they demonstrated an acceptable approach to meet the Government's need in maintenance and repair of the Air Compressor and Seccant Filtration systems accordance with the Performance Work Statement (PWS).
b. The Government will evaluate the Vendor's approach to determine whether they demonstrated a feasible plan to meet the Government's emergency and non-scheduled repair request(s).
c. The Government will evaluate the Vendor's approach to determine whether they demonstrated their ability to provide Brand Name Original Equipment Manufacturer (OEM) parts as identified in the PWS and Brand Name Justification and Approval (J&A).
iii. Subfactor 3: Technical Experience. The Vendor's Technical Experience will be evaluated to ensure that the Vendor has at least three (3) years corporate experience in the type of service industry required by this PWS. The Government will evaluate each Vendors organizational experience on the basis of it depth and its relevance to the work that will be required under the resultant contract.
Factor 2 - Price.
As authorized under FAR Subpart 13, simplified procedures will be used to evaluate offer and award the contract. Proposed price will be evaluated for reasonableness using the price analysis techniques provided under FAR Part 13.106-3. Price shall be quoted in accordance with the CLIN(s) structure (0001-4002) provided, in the event an award is made. Price quote evaluations will consider the entire period of performance (including FAR 52.217-8 for the maximum potential extension period of 6 months) for a total overall evaluated Price. The Government will roll-up CLIN prices into an overall total price for the overall evaluated price. The unit price shall include a firm fixed price for each priced CLIN. Quotes shall remain valid for a minimum of 90 days. The Government intends to award a contract based on contractor's responsibility and determination of a fair and reasonable price.
(b) Options. The Government will evaluate quotes 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) Extension. As part of the price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding six months of the offeror's final option period price to the offeror's total price. Offerors shall not submit a price for the potential six month extension of services period. The Government may choose to exercise the Option to Extend the Term of the Contract at the end of any performance period (base or option periods), utilizing the rates of that performance period. Evaluation of options shall not obligate the Government to exercise the option(s)
(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Vendor 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.
(x) The Provision at FAR 52.212-3 Offeror Representations and Certifications Commercial Items, applies to this acquisition. The Offeror's representations and certifications must be entered within the System for Award Management website (www.sam.gov) for consideration for award.
(xi) The Clause at FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition.
(xii) The Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items applies to this acquisition. Applicable clauses under FAR 52.212-5 are as follows (available at https://farsite.hill.af.mil): 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards; 52.219-6, Notice of Total Small Business Set-Aside; 52.219-28, Post Award Small Business Program Representation; 52.222-3, Convict Labor; 52.222-19, Child Labor--Cooperation with Authorities and Remedies; 52.222-21, Prohibition of Segregated Facilities; 52.222-26, Equal Opportunity; 52.222-35, Equal Opportunity for Veterans; 52.222-36, Equal Opportunity for Workers with Disabilities; 52.222-37, Employment Reports on Veterans; 52.233-11, Ozone Depleting Substances; 52.223-12, Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Air Conditioners; 52.222-50, Combating Trafficking in Persons; 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.223-20, Aerosols; 52.225-1, Buy American-Supplies; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer-System for Award Management
(xiii) The following FAR provisions and clauses apply to this acquisition:
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018
52.204-10 Reporting Executive Compensation and First Tier Subcontractor Awards OCT 2018
52.204-13 System for Award Management Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
52.212-1 Instructions to Offerors- Commercial Items OCT 2018
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984
52.247-34 F.O.B. Destination NOV 1991
252.203-7000 Requirements Relating to Compensation of Former
DoD Officials SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7005 Representations Relating to Compensation of Former DoD Officials NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016
252.216-7006 Ordering MAY 2011
252.223-7001 Hazard Warning Labels DEC 1991
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2017) DEC 2017
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017
252.225-7048 Export-Controlled Items JUN 2013
252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013
252.232-7010 Levies on Contract Payments DEC 2006
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision --
"Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily
business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity
owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)", means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and
other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___
(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Supplies."
(2) Foreign End Products:
Line Item No. Country of Origin
___
___
___
___
___
___
(List as necessary)
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
___
___
___
___
___
___
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."
Other Foreign End Products:
Line Item No. Country of Origin
___
___
___
___
___
___
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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 (Jan 2004). 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 FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (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 $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed end products.
Listed End Product Listed Countriesof Origin
___
___
___
___
___
___
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) ( ___ ) Outside the United States.
(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 e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(2) Representation and Certifications. Un
