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Nurse Practitioner


Virgin Islands, United States
Government : Military
RFP
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This is a Combined Synopsis/Solicitation. The United States Property and Fiscal Office of the Virgin Islands intends to award a single firm fixed-price contract for non-personal services to provide one Nurse Practitioner, to conduct medical readiness operations and actions across the full medical readiness spectrum, for the Virgin Islands National Guard, located on St. Croix, US Virgin Islands. The period of performance for this contract begins 12 months.

This acquisition is set aside 100% for small business. The North American Industry classification (NAICS) Code is 621399, with a size standard of $7,500,000.00. The Service Contract Act of 1965 as amended applies to this requirement.


All responsible sources may submit a quotation that will be considered by this Agency. All prospective offerors interested in submitting an offer on this solicitation must be registered in the FedBizOpps registration requires the following information:


1) System for Award Management (SAMS) (formerly Central Contractor Registration- CCR) Marketing Partner
Identification Number (MPIN),
2) DUNS Number and CAGE Code,
3) Telephone Number, and
4) email address.


Registration instructions can be found on the FedBizOpps website at http://www.fbo.gov/download/FBO_Vendor_Guide.pdf. (Please note the registration for access to the secure site takes approximately 15 business days (PLAN ACCORDINGLY). Websites are occasionally inaccessible, due to various reasons. The Government is not responsible for any loss of Internet connectivity or for an offerors inability to access the documents posted on the referenced web pages. The Government will not issue paper copies.


All inquiries must be in writing, preferable via email to the persons specified in the solicitation. All answers will be provided in writing via posting to the web. Place of performance is Kingshill, Virgin Islands. All prospective offerors interested in submitting an offer on this solicitation must complete electronic annual representations and certifications.


Bids must be submitted by the due date and sent to the following addresses:


Geraldine.p.vaval.mil@mail.mil
diane.m.fox4.mil@mail.mil
donna.r.prockledger.mil@mail.mil


Solicitation issue date:
Offeror due date/Local time:


CLIN 0001
Quantity 1
Unit of issue: Job
Nurse Practitioner
This is a non-personal services contract to provide Nurse Practitioner Support. For a minimum of eight (8) hours per week but NTE 32 hours per week at the contractor's hourly rate. This is a Firm Fixed Priced requirement and the NTE is additional information to be used for the proper management of the contract. See the Performance Work Statement. Period of Performance is 12 months.
CLIN 0002
Quantity 1
Unit of issue: Job
Nurse Practitioner
OPTION YEAR ONE. This is a non-personal services contract to provide Nurse Practitioner Support. For a minimum of eight (8) hours per week but NTE 32 hours per week at the contractor's hourly rate. This is a Firm Fixed Priced requirement and the NTE is additional information to be used for the proper management of the contract. See the Performance Work Statement. Period of Performance is 12 months.


CLIN 0003
Quantity 1
Unit of issue: Job
Nurse Practitioner
OPTION YEAR TWO. This is a non-personal services contract to provide Nurse Practitioner Support. For a minimum of eight (8) hours per week but NTE 32 hours per week at the contractor's hourly rate. This is a Firm Fixed Priced requirement and the NTE is additional information to be used for the proper management of the contract. See the Performance Work Statement. Period of Performance is 12 months.


CLIN 0004
Quantity 1
Unit of issue: Job
Nurse Practitioner
OPTION YEAR THREE. This is a non-personal services contract to provide Nurse Practitioner Support. For a minimum of eight (8) hours per week but NTE 32 hours per week at the contractor's hourly rate. This is a Firm Fixed Priced requirement and the NTE is additional information to be used for the proper management of the contract. See the Performance Work Statement. Period of Performance is 12 months.

CLAUSES INCORPORATED BY REFERENCE



52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014
52.204-7 System for Award Management OCT 2016
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013
52.212-1 Instructions to Offerors--Commercial Items JAN 2017
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019) JAN 2017
52.217-5 Evaluation Of Options JUL 1990
52.217-8 Option To Extend Services NOV 1999
52.217-9 Option To Extend The Term Of The Contract MAR 2000
52.219-1 Small Business Program Representations OCT 2014

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.219-8 Utilization of Small Business Concerns NOV 2016
52.219-14 Limitations On Subcontracting JAN 2017
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-3 Convict Labor JUN 2003
52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-22 Previous Contracts And Compliance Reports FEB 1999
52.222-25 Affirmative Action Compliance APR 1984
52.222-26 Equal Opportunity SEP 2016
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-41 Service Contract Labor Standards MAY 2014
52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014
52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts) MAY 2014
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-54 Employment Eligibility Verification OCT 2015
52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011
52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984
52.244-6 Subcontracts for Commercial Items JAN 2017
52.249-4 Termination For Convenience Of The Government (Services) (Short Form) APR 1984
252.201-7000 Contracting Officer's Representative DEC 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
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016
252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016) DEC 2016
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
252.225-7048 Export-Controlled Items JUN 2013
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea AUG 1992
252.247-7023 Transportation of Supplies by Sea APR 2014


CLAUSES INCORPORATED BY FULL TEXT



52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)


(a) Definitions. As used in this provision--


Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.


Federal contracts and grants with total value greater than $10,000,000 means--


(1) The total value of all current, active contracts and grants, including all priced options; and


(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite- quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).


Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a
division or business segment; and similar positions).


(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.


(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:


(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:


(i) In a criminal proceeding, a conviction.


(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.


(iii) In an administrative proceeding, a finding of fault and liability that results in--


(A) The payment of a monetary fine or penalty of $5,000 or more; or



(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.


(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.


(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.


(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).


(End of provision)


 



52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)


(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.


(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--


(1) The solicitation number;


(2) The time specified in the solicitation for receipt of offers;


(3) The name, address, and telephone number of the offeror;


(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;


(5) Terms of any express warranty;


(6) Price and any discount terms;


(7) "Remit to" address, if different than mailing address;


(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);


(9) Acknowledgment of Solicitation Amendments;


(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and


(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.


 


(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.


(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during pre-award testing.


(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.


(f) Late submissions, modifications, revisions, and withdrawals of offers:


(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.


(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--


(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or


(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or


(C) If this solicitation is a request for proposals, it was the only proposal received.


(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.


(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.


(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.


(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.



(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.


(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.


(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC
20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.


(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.


(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:


(i) ASSIST (https://assist.dla.mil/online/start/).


(ii) Quick Search (http://quicksearch.dla.mil/).


(iii) ASSISTdocs.com (http://assistdocs.com).


(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--


(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);


(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or


(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.


(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.


(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror
does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.



(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this
solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM
database accessed through https://www.acquisition.gov.



(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:


(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.


(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.


(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.


(4) A summary of the rationale for award;


(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.


(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.


(End of provision)



52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)


The Virgin Islands National Guard (VIARNG) has a requirement for a Nurse Practitioner to support the Office of the Deputy State Surgeon.


No award shall be made unless the Contracting Officer makes confirmation or affirmative determination of responsibility for the potential contractor. Potential contractor must be registered in System for Award Management (SAM) prior to award of contract.


The Government will award a contract resulting from this solicitation to the responsible offeror 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 offers:


1. Contractor Staffing: Reference PWS and Contractor staffing and requirements.


2. Provide Past Performance / Prior Experience in the last two years that indicates a minimum level of satisfactory service for similar (Military) type requirements. Provide names, phone numbers, location, and addresses of any contracts previously held for two (2) similar requirements.


a. In the case an offeror is without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorable or unfavorably on past performance.


b. Offerors may provide information on problems encountered on the identified contracts and the offeror corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror past performance. The source selection authority shall determine the relevance of similar past performance information.


3. The contracting officer may determine an offer noncompliant with the terms and conditions of the solicitation if the contractor does not provide the information requested, specifically:


- Service (Location) Pricing
- Contractor staffing per PWS
- 2 References
- Copy of General Liability Insurance Certificate
- Completed Provision 252.209-7991 DEV
- DUNS Number
- CAGE Code
- Tax ID Number


Solicitation response date is: __________________ @ 12:00 noon.


Please see Performance Work Statement and QASP for complete details.


Vendor will be paid by Electronic Funds Transfer (EFT) and must invoice in Wide Area WorkFlow on a monthly basis.


4. Evaluation Process:


The Government will evaluate all proposals for responsiveness; if the proposal is incomplete it may not be evaluated.


The evaluation factors are technical capability and past performance. The evaluation process will follow a sequence in which the Technical will be evaluated first and the Past Performance evaluated second. The Technical Factor will be evaluated first and will result in an offer being rated as "Acceptable" or "Unacceptable." If an offeror is deemed to be unacceptable, it will be set aside and will not continue further in this competition.

To be eligible for award, a proposal must meet all responsibility requirements listed in the Performance Work Statement, conform to all required terms and conditions, and include all information required.


Technical Acceptable/Unacceptable Rating Method


Adjectival Rating Description
Acceptable Proposal meets the requirements of the solicitation. Unacceptable Proposal does not meet the requirements of the solicitation.


The Government will evaluate all price proposals to determine whether it is reasonable and realistic in relation to the solicitation requirements demonstrates an understanding of the requirement.


(a) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).


(b) ) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.


(End of provision)



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 ( business concern.

) is, (

) is not a small


(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 ( not a veteran-owned small business concern.

) is, (

) is


(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 ( disadvantaged business concern as defined in 13 CFR 124.1002.

) is, (

) is not a small


(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 ( owned small business concern.

) is, (

) is not a women-


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







[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

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