Mobile Decontamination Trailers
This is a combined Synopsis / Solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a written solicitation will not be issued.
The solicitation number is N6470918R0005; this solicitation is a request for quotation (RFQ).
This notice is Unrestricted. The North American Industry Classification System (NAICS) code is 336214. The Federal Supply Class (FSC) is 4240.
Strategic Weapons Facility, Atlantic (SWFLANT), Naval Submarine Base Kings Bay, Georgia, has a requirement for two (2) Mobile Decontamination Trailers.
Specifications:
Each Mobile Decontamination Trailer to be Department of Transportation (DOT) approved, approximately 8.5' x 26'-30' tandem or tripleaxle enclosed aluminum trailer to function as a mobile decontamination unit. Each trailer will be of a towable weight when the water tank and waste water tank is full and an additional 1500lbs of essential gear is loaded. Each trailer will have electric brakes with a standard 7-pin hookup. The trailers will contain a clean room (front of the trailer), dirty room (back of the trailer), and a shower room with two showers (between the clean and dirty room). The dirty room will be approximately 50% larger than the clean room in size. Both showers will be designed for one person at a time. Each trailer will have a door located in the rear of the trailer (dirty room) which will serve as a personnel entrance, a door located in the front of the trailer (clean room) which will serve as a personnel exit, and the storage room will have an exterior entrance. Each trailer will be designed to flow personnel from the back of the trailer, into the dirty room, thru the shower room, and finally ending up in the clean room and subsequently exiting the trailer. All items installed in/on the trailers will be in accordance with applicable specifications listed below. Additionally, the viability and quality of materials used will be a factor during selection, as will the general layout, design, and use of space.
NOTE: SWFLANT will inspect each trailer during the construction/build process and prior to final delivery in order to ensure all requirements are and delivered.
EXTERIOR ITEMS
Awnings
Full retractable awnings, designed to protect from sun and rain, on the sides and back of the trailer.
Constructed of a material that is light-weight, and has longevity.
The retractable awning will be deployed by a switch, not manually.
Flood Lights
Exterior LED flood lights which fully illuminate the entire area around the trailer both above and under the awnings.
Driving Lights
Trailer will be equipped with adequate tail lights, brake lights, and marker lights for its respective size and will be in accordance with all applicable DOT regulations. Side marker lights must be included.
Generator
Sufficient capacity diesel power generator to run all onboard equipment simultaneously + 50%. Generator will have transfer switch and generator power cord. Trailer will also be equipped to accept a backup generator and/or shore power and include a 30' cord specifically designed for generator style plugs. Generator will be located in such a manner which allows for use of routine maintenance, repairs, and/or removal, such as a "slide out" feature.
Manufacturer warranty will be considered for this requirement.
Manufacturer reputation for quality and longevity will be a factor.
Decibel output will be a factor.
Rated KW/hr output will be a factor.
Door Lighting
Standard LED lights located overhead of all exterior entrance doors that fully illuminate all door areas.
Outlets 110V GFCI outlets with protective weather covers (2 per side, 8 total). Install 110V on an independent breaker for use of portable heaters if necessary.
Entrance/Exit Doors
One (1) door located in the rear of the trailer (dirty room), which will serve as a personnel entrance, and one (1) door located in the front of the trailer (clean room), which will serve as an exit for personnel. Each door will be safely accessible consistent with the height of the trailer. The storage room will also have an exterior entrance. All exterior doors will have locks and share a common key. "RV" type steps plus a grab rail may be sufficient depending on the height of the trailer. Manual fold up style steps and handrails are preferred in lieu of automatic mechanisms. Lightweight materials will be used for this.
Roof Mounted A/C with Heat Strip
Sufficient roof mounted air conditioning (A/C) unit (s) with heat strip. Unit must be mounted on the "Clean Room" side of the trailer and CANNOT regenerate any air from the dirty room.
Manufacturer warranty will be considered for this requirement.
Manufacturer reputation for quality and longevity will be a factor.
Decibel output will be a factor.
Piping
Freeze protection on all piping exposed to weather elements. Include standard 110V plug in order to utilize while trailer is not in use.
Level Indicators
Install visual level indicators/gauges on all four exterior sides of the trailer to ensure proper leveling.
Tongue Jack
The tongue jack shall be of an adequate capacity for the weight of the tongue. Prefer tongue jack which is electrically operated OR requires less force for operation in order to minimize ergonomic/repetitive injury concerns.
Manufacturer warranty will be considered for this requirement.
Manufacturer reputation for quality and longevity will be a factor.
Decibel output will be a factor.
Tongue Specs
Able to be towed with a 1-ton truck, class IV/V Reese style hitch with a 2 5/16" ball.
Lightweight materials, such as aluminum, will be used throughout the construction when possible to minimize tongue weight and final tow weight.
INTERIOR (ENTIRE TRAILER)
Smooth Flooring
Smooth, non-carpeted, flooring will be throughout the interior of the trailer to facilitate ease of cleaning.
Lighting
Adequate LED ceiling lighting throughout the trailer, including the showers, that will fully illuminate the interior.
GFCI Outlets
110V GFCI outlets. 6 per room in clean and dirty rooms (2 per wall) and 2 in storage room. Outlets will be on separate breakers to eliminate circuit overload.
Dehumidifier
Dehumidifier which will include an 110V standard plug in order to facilitate operation while the trailer is not in use.
Manufacturer warranty will be considered for this requirement.
Manufacturer reputation for quality and longevity will be a factor.
Decibel output will be a factor.
INTERIOR (CLEAN ROOM)
Bench Seating
Two (2) fold down, aluminum benches, each measuring 6 feet in length.
Wall of Cabinets
Upper and lower cabinets with latches and locks. Lower cabinets will be a minimum of 28" depth with a countertop and upper cabinets will be 18" in depth. Overall, this setup will have 6 doors and 3 drawers. Cabinets will be made of a material which is easy to maintain and clean, and is lightweight, such as ABS plastic or aluminum.
Fold-Down Table
2' x 4' wall mounted fold-down table, construction of a lightweight material.
Floor Drain
Floor drain centrally located in the middle of the room. Water will drain to the greywater tank.
INTERIOR (STORAGE ROOM)
Fresh Water System/Tank
Freshwater system with pump and 400 gallon holding tank. Tank must be refillable via external 2 1/2 inch hose and standard garden hose fitting (trailer must be towable with full water tank). Tank can be placed under the trailer to assist with weight distribution. Water level indicator to be placed in Clean Room.
Waste Water System/Tank
Wastewater pump system with 400 gallon holding tank. Tank must be disposable using an external valve/garden hose adaptor (trailer must be towable with full waste water tank). Tank must have a pump included. Tank can be placed under trailer in order to assist with weight distribution. Water level indicator to be placed in Clean Room.
Water Heater
Tankless electric water heater, water flow 3-4 gallons per minute.
Manufacturer warranty will be considered for this requirement.
Manufacturer reputation for quality and longevity will be a factor.
Decibel output will be a factor.
Space Management
The storage room must have enough space to store items such as stacked traffic cones (20), and other miscellaneous items in addition to the water tanks and any other utility items.
Overhead Cabinets
If space allows, overhead cabinets will be placed in the storage room for additional stowage.
INTERIOR (SHOWER ROOM)
Shower Stalls
Two shower stalls will be setup for "One-Person at a time" use and will contain sloped floor pans to facilitate draining; will have a 6 inch lip to prevent spillover into the main shower room. Include access doors for ease of maintenance on piping.
Space Between Showers
There should be a minimum of 36" passageway between showers.
Curtains
Air lock curtains on each shower stall entrance (EXAMPLE: curtains that are held closed magnetically).
INTERIOR (DIRTY ROOM)
Negative Air System
700 Cubic Feet per Minute (CFM) ceiling mounted negative air system. System must be High Efficiency Particulate Arrestance (HEPA) filtered (10 micron).
Manufacturer warranty will be considered for this requirement.
Manufacturer reputation for quality and longevity will be a factor.
Decibel output will be a factor.
Bench Seating
One fold down, aluminum bench measuring 6 feet in length.
Wall Heater
1500 Watt electric wall heater.
Manufacturer warranty will be considered for this requirement.
Manufacturer reputation for quality and longevity will be a factor.
Decibel output will be a factor.
Drying Oven
Will be intended for drying rather than cooking and will be approximately 20" (depth) x 35" (width).
Manufacturer warranty will be considered for this requirement.
Manufacturer reputation for quality and longevity will be a factor.
Decibel output will be a factor.
Floor Drain
Floor drain centrally located in the middle of the room. Will drain to greywater tank.
Sink
Laundry-room style deep-sink will be located in the dirty room and will have a hot and cold water supply and will have an electric hands- free towel feeder.
Wall of cabinets
Minimum 6' wide 24" deep cabinets with countertop, drawers, and 18" upper cabinets. Cabinets will be made of a material which is easy to maintain and clean.
Inspection/Acceptance:
SWFLANT will reserve the right to inspect the trailers during the construction/build process and prior to final delivery in order to ensure all requirements are met and delivered. The trailers will also have at least a 1-year craftsmanship warranty which will cover any defective issues resulting from the design and/or construction of the trailers.
Delivery Address: SWFLANT, 1150 USS Los Angeles Road, SWSSW Bldg. 6003, Kings Bay, GA 31547. Delivery within 60 days after acceptance of contract. FOB point - Destination.
The following provisions and/or clauses apply to this acquisition. Offerors must comply with all instructions contained in:
FAR 52.212-1 ADDENDUM: Instructions to Offerors - Commercial Items
SWFLANT requests a Firm-Fixed-Price (FFP) quote by 03 April 2018 at 12:00 PM (EST) to provide the supplies described in this notice. The Government may consider late quotes. Contractors responding to this request must furnish a quote as described below.
Quotes shall contain the following:
1. Drawing of the proposed trailers.
2. Price quote: Provide a FFP quote for all required supplies and/or services. Any costs related to credit card fees (see paragraph 6 below), delivery costs, and handling costs, as applicable, shall be included.
3. Travel Expenses. If travel is required in support of this requirement, the contractor shall include a detailed Basis of Estimate (BOE) that is priced in accordance with the Joint Federal Travel Regulations (JFTR). Each component of the proposed travel expense shall clearly identify the date(s), location(s), duration(s), quantity of personnel, and cost for the proposed travel.
4. Specifications: Provide all specifications for the products to be provided and a statement
regarding whether or not the quoter is an authorized reseller of the products identified in the RFQ, if applicable.
5. Quote Cover Letter: Provide the name, title, telephone number, and e-mail address of the
Company/division point of contact that can contractually obligate your company. Also, identify those individuals authorized to negotiate with the Government. Lastly, provide the company name, street address, and Data Universal Numbers System (DUNS) number.
6. Exceptions to the RFQ: Identify any exceptions taken with the RFQ content and the rationale for the exceptions to the RFQ, to include any terms or conditions applicable to payment by Government Commercial Purchase Card (GCPC), if GCPC is identified as the method of payment in the RFQ.
NOTE: Exceptions to the RFQ may render the quote noncompliant and ineligible for award.
7. Government Commercial Purchase Card (GCPC) as Method of Payment. If the RFQ identifies use of the GCPC as the method of payment, all offerors shall discretely identify and include any associated charges in their quote and shall utilize Wide Area Work Flow (WAWF) as the mandatory method of invoice submittal and receiving report in accordance with DFARS 232.7002 & 232.7003.
The proposal must demonstrate an understanding of and ability to meet all of the requirements set forth in the Specifications referenced herein. Throughout the proposal, the Offeror shall provide sufficient detail to substantiate the validity of all statements. The Offeror shall demonstrate that the Proposal complies with the requirements, terms, and conditions of the solicitation. General statements that the Offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or paraphrasing the solicitation's requirements in whole or in part, will NOT constitute compliance. Failure to conform to any of the requirements of the solicitation may form the basis for rejection of the Proposal.
Brochures are not desired; clarity, completeness, and conciseness are essential and the overall quality of the proposal will be evaluated in the context of being representative of the Offeror's services. An Offeror's proposal is presumed to represent the best efforts to respond to the solicitation.
Since only the proposal submitted in response to this solicitation will be evaluated, Offerors should make certain that their Proposal is complete with regard to the information provided. Data previously submitted, or presumed to be known, e.g., previous projects performed for the Government, will not be considered in the evaluation unless that information is physically contained in the Proposal.
Offerors are advised that the Government may selectively verify any information provided in the proposal. Offerors are cautioned that they are responsible to ensure that material that they desire to have evaluated for a particular section is contained in that specific section.
Proposals shall be e-mailed directly to spk12contracts@swflant.navy.mil, the sole designated e-mail address and inbox for submission and receipt of quotes or proposals. No other electronic means of submission, used in whole or in combination with e-mail, is permitted. E-mail quotes or proposals shall be in either Adobe or Microsoft Office format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. Unless offeror proposes a shorter period, by submission of an offer, the offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.
FAR 52.212-2 ADDENDUM: Evaluation- Commercial Items
The Government shall issue a purchase order resulting from this RFQ to the responsible quoter whose quote, conforming to the RFQ, represents the following factors:
1. Quality
2. Warranty
3. Past Performance
4. Price
The Government will use a comparative means of evaluating offers and select the Offeror whose aggregate proposal reflects the Best Value for the Government. Factors 1, 2, and 3, when combined are significantly more important than price. Therefore, the Government may award to a higher priced Offeror whose non-price factors reflect a superior level of technical expertise, experienced and highly qualified personnel, and positive past performance evaluations. The importance of price in the evaluation for award will increase as the degree of equality of non-price factors increases.
Factor 1 - Quality
The Government will evaluate each Offeror's proposal to determine the quality of the items the Offeror has proposed given the requirements identified in the specifications. The Government will give significant weight to the Offeror's proposed means of meeting the requirements, and higher-quality materials and construction methods can lead to a more favorable evaluation as a whole.
Factor 2 - Warranty
The Government will evaluate each Offeror's proposal to determine the length and scope of the warranty offered, as well as the ease of the Government making such a warranty claim. Warranties that are accessible can lead to a more favorable evaluation as a whole.
Factor 3 - Past Performance
The Government will use Past Performance submissions, including Attachment 1 and 2 and any PPPQs, to evaluate the ability of the Offeror to perform the proposed effort. Past Performance submissions will be used to determine the potential risk of non-performance, defective performance, and/or late performance by evaluating each Offeror's reported quality of work and relevant experience with the items being solicited. In evaluating past performance, the Government may contact some or all of the references provided by the Offeror and may contact other sources of information, including but not limited to: Federal, state, and local government agencies, and published media and electronic databases (i.e. Department of the Navy's Contractor Performance Assessment Reporting System (CPARS) and the Department of Defense's Past Performance Information Retrieval System (PPIRS), other customers known to the Government, consumer protection organizations, and others who may have useful and relevant information. The Government may evaluate past performance of the Offeror's proposed subcontractors, predecessor companies, or key personnel who have relevant experience to the extent warranted.
Past performance information evaluated by the Government for the Offeror's performance as a prime Contractor and/or subcontractor, subcontractors, and the performance of their key personnel may include (but not be limited to) the following areas: relevancy, quality, cost control, schedule, business relationships, management of personnel, and customer satisfaction. Relevancy is determined based on the similarity of scope, magnitude, and complexity of the past performance submitted to the requirements requested. More recent and more relevant performance will have a greater positive impact on the past performance evaluation than a less recent or less relevant effort. Relevant performance at the subcontractor level will have a greater impact on the past performance evaluation than no record of relevant performance. Any Offeror with no record of relevant past performance will be given a "neutral" rating for past performance.
Factor 4 - Price
Inconsistencies between the data contained in the price proposal and the data contained in the proposal regarding the other factors may result in a lower overall evaluation of the total Proposal. Data submitted may be evaluated for price reasonableness. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced compared to estimates. Evaluation of options shall not obligate the Government to exercise the option(s).
The proposed prices will be reviewed to determine whether they are materially unbalanced. An unbalanced offer will be determined to be unreasonably high or low and will not receive an award.
Discussions
The Government reserves the right to hold or not to hold discussions.
Award will be made contingent upon the bilateral signature of the parties. The Government reserves the right to award on an all or none basis.
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011
52.204-7 System for Award Management OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-17 Ownership or Control of Offeror JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-20
52.204-21 Predecessor of Offeror
Basic Safeguarding of Covered Contractor Information
Systems JUL 2016
JUN 2016
52.212-1 Instructions to Offerors--Commercial Items JAN 2017
52.212-2 Evaluation - Commercial Items OCT 2014
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. OCT 2015
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013
52.243-1 Changes--Fixed Price AUG 1987
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 Representation 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 OCT 2016
252.204-7011 Alternative Line Item Structure SEP 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016
252.204-7015
252.209-7004 Notice of Authorized Disclosure of Information for Litigation Support
Subcontracting With Firms That Are Owned or Controlled
By The Government of a Country that is a State Sponsor of
Terrorism
MAY 2016
OCT 2015
252.213.7000
252.215-7007
252.222-7007 Notice to Prospective Suppliers on Use of Past
Performance Information Retrieval System-
Statistical Reporting in Past Performance Evaluations
Notice of Intent to Resolicit
Representation Regarding Combating in Persons JUN 2015
JUN 2012
JAN 2015
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7001
252.225-7012 Buy American And Balance Of Payments Program-- Basic (Dec 2016)
Preference For Certain Domestic Commodities DEC 2016
DEC 2016
252.225-7048 Export-Controlled Items JUN 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012
252.232-7010
252.243-7002 Levies on Contract Payments
Requests for Equitable Adjustment DEC 2006
DEC 2012
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 (JAN 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 --
"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may
be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation
occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"Civil judgment" means-
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"DOL Guidance" means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
"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.
"Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance
Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673
are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
"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).
"Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
"Labor laws" means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
"Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of
``labor laws''.
"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.
Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(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 ORCA.]
(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.
Note to paragraphs (c)(8) and (9): 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) 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
___
___
___
___
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___
[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
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___
___
___
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___
[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
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(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
