SNCOA/FSA Auditorium A/V Maintenance
I. GENERAL INFORMATION
The 42nd Contracting Squadron, 50 LeMay Plaza, Bldg. 804, Maxwell AFB, AL has a requirement to purchase services as described in the Performance Work Statement (PWS), (Attachment 1). This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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 FA3300-19-R-0006. This announcement constitutes the only notice. A written solicitation will not be issued. This requirement is issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect the Federal Acquisition Circular 2019-06, effective 10 September 2019 and DFARS DPN change notice 20190820, effective 20 August 2019.
A single award of a Firm Fixed Priced (FFP) contract will be made in accordance with the following:
This acquisition is being solicited as a 100% small business set-aside. The North American Industrial Classification System (NAICS) code for this acquisition is 811310, Communication Equipment Repair and Maintenance, with a size standard of $12,000,000.00.
The place of performance will be Maxwell Air Force Base, Montgomery, Alabama.
II. NATURE OF ACQUISITION
Maxwell AFB has a requirement to purchase the below services. This procurement will be awarded under Simplified Acquisition Procedures. If there are any questions, please email or call SrA Bobby Ballow at (334) 953-6550 or Ms. Kimberly Knott at (334) 953-8552. All questions must be received 23 Sep 2019 4:00pm, CST. Proposals must be received by no later than 25 Sep 2019, 12:00pm, CST. Email proposals are required. Email proposals to both SrA Bobby Ballow at bobby.ballow@us.af.mil and Ms. Kimberly Knott at kimberly.knott.1@us.af.mil.
Fax proposals will not be accepted.
Late proposals will be processed in accordance with FAR 52.212-1(f) "Late submission, modifications, revisions, and withdrawals of offers."
It is the offeror's responsibility to ensure the proposal has been received by the contracting office by email confirmation. Receipt of your electronic submittal will be acknowledged via return email; if you do not receive an acknowledgement, you are advised to call for confirmation as firewall protections may block emails and/or strip attachments. Contact information is as follows:
SrA Bobby Ballow, Contract Specialist (CS), phone: 334-953-6550 email: bobby.ballow@us.af.mil
Ms. Kimberly Knott, Contracting Officer (CO) phone: 334-953-8552, email: kimberly.knott.1@us.af.mil.
Provide one (1) electronic proposal copy. The submission shall be logically assembled. Each section shall be clearly identified.
All proposal documents shall be in English e-mailed to the POC's. (Note: periodically the Government e-mail system experiences delays, therefore, offerors are highly encouraged to contact the individuals identified in this combined synopsis/solicitation to confirm delivery and receipt).
The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer.
The Contracting Officer has determined there is a high probability of adequate price competition for this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists offerors may be required to submit other than cost or pricing data to support a determination of price reasonableness.
III. SCHEDULE OF SUPPLIES/SERVICES:
All services are to be performed in accordance with (IAW) the attached Performance Work Statement (PWS), dated June 2019.
Base Period: 30 Sep 2019 - 29 Sep 2020
Option Year 1: 30 Sep 2020 - 29 Sep 2021
Option Year 2: 30 Sep 2021 - 29 Sep 2022
Option Year 3: 30 Sep 2022 - 29 Sep 2023
The contractor shall provide the service listed below.
Period of Performance (PoP) Base Year: 30 Sep 2019 - 29 Sep 2020
CLIN
Number Description of
Requirement Quantity
Unit Unit
Price Total
Price
0001 SNCOA Audio/Visual Systems On-Site Maintenance and Service IAW the PWS 1 LO
0002 FSA Audio/Visual Systems On-Site Maintenance and Service IAW the PWS 1 LO
Total Base Year One: tiny_mce_marker________________
Period of Performance (PoP) Option Year 1: 30 Sep 2020 - 29 Sep 2021
CLIN
Number Description of
Requirement MAX
Quantity
Unit Unit
Price Total
Price
1001 SNCOA Audio/Visual Systems On-Site Maintenance and Service IAW the PWS 1 LO
1002 FSA Audio/Visual Systems On-Site Maintenance and Service IAW the PWS 1 LO
Total Option Year One: tiny_mce_marker_________________
Period of Performance (PoP) Option Year 2: 30 Sep 2021 - 29 Sep 2022
CLIN
Number Description of
Requirement MAX
Quantity
Unit Unit
Price Total
Price
2001 SNCOA Audio/Visual Systems On-Site Maintenance and Service IAW the PWS 1 LO
2002 FSA Audio/Visual Systems On-Site Maintenance and Service IAW the PWS 1 LO
Total Option Year Two: tiny_mce_marker__________________
Period of Performance (PoP) Option Year 3: 30 Sep 2022 - 29 Sep 2023
CLIN
Number Description of
Requirement MAX
Quantity
Unit Unit
Price Total
Price
3001 SNCOA Audio/Visual Systems On-Site Maintenance and Service IAW the PWS 1 LO
3002 FSA Audio/Visual Systems On-Site Maintenance and Service IAW the PWS 1 LO
Total Option Year Three: tiny_mce_marker__________________
52.212-1 Addendum
IV. PROPOSAL PREPARATION INSTRUCTIONS
52.212-1 Addendum
To ensure timely and equitable evaluation of proposals, offerors must comply with instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirements of this RFP.
a. The offeror must submit a dated proposal, bearing the signature or electronic certification of an official in the company authorized to bind the firm, with unit prices and extended prices in response to this solicitation.
b. Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. Return the provision FAR 52.212-3, Alternate I, Offeror Representations and Certifications - Commercial Items, along with the proposal. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.
c. Offerors must provide a unit price and extended price for each Contract Line Item Number (CLIN X001, X002) including all option periods referenced in the "SCHEDULE OF SUPPLIES/SERVICES." The extended amount must equal the quantity multiplied by the unit price. To prevent rounding issues, unit prices are limited to two (2) decimal places and no rounding of the extended amount is allowed.
d. Interested parties capable of providing the requirement must submit a written proposal to include discount terms, tax identification number, cage code, and DUNS.
e. To be eligible to receive an award resulting from this RFP, contractors must be registered in the System for Award Management (SAM) database, no exceptions. To register, please visit http://www.sam.gov or by calling 1-866-606-8220.
f. Proposal Contents:
TECHNICAL:
The offeror must submit copies of the following certifications as required by the PWS para. 3.5. Certified Technical Specialist certifications from InfoCom - CTS-I, CTS. Additionally, vendors will possess factory certifications in the make/model and programming of the control system installed. Failure to submit the required certifications will result in an Unacceptable rating and will not be considered for award.
PRICE:
The offeror must submit proposed unit and extended prices in Section III (see above) of the synopsis/solicitation for CLINs X001 and X002. The price factor will be evaluated for reasonableness.
IMPORTANT NOTE: Neither multiple offerors nor multiple awards will be considered. A single award will be made in the resultant contract. It is the responsibility of the offeror to check FedBizOpps.Gov for any amendments to this combined synopsis/solicitation.
V. BASIS FOR AWARD
52.212-2 Addendum
This is a 100% Small Business Set-Aside firm-fixed price solicitation. The small business contractor must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Award will be based on technical acceptability IAW Performance Work Statement (PWS) and lowest price. An offer will be determined technically acceptable if the offeror:
a) Submits copies of the required certifications in accordance with PWS para. 3.5.
b) Submits copies of the following: Certified Technical Specialist certifications from InfoCom - CTS-I, CTS, and factory certifications in the make/model and programming of the control system installed.
PRICE REASONABLENESS: The prices submitted in each offeror's price proposal, as required by Addendum to FAR 52.212-1 will be evaluated to determine if proposed prices are fair and reasonable IAW FAR Part 13.106 -3(a) (which may include, but not limited to, one or more of the following proposal analysis techniques listed below). A contract will not be awarded to an offeror whose price is not determined to be fair and reasonable.
Competitive offers, market research, current price lists, catalogs, or advertisements, comparison with similar items in a related industry, comparison to the independent Government estimate, or any other reasonable basis.
The Contracting Officer has determined that this requirement meets the commercial item definition in FAR 2.101; therefore, certified cost or pricing data is not required per FAR 15.403-1(b)(3).
Prior to an award, an offeror may be requested to provide business information for the purposes of a responsibility determination in accordance with FAR Part 9. Failure to provide requested information may result in a determination of non-responsibility, and the offeror would then be considered ineligible for award.
(End of provision)
VI. CONTRACT TERMS AND CONDITIONS:
The following provisions and clauses apply to this acquisition and can be viewed through Internet access at the Federal Acquisition Regulation (FAR) Site, http://www.farsite.hill.af.mil in accordance with 52.252-1 and 52.252-2.
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available, IAW FAR 52.102 or view in the sites mentioned in provision 52.252-1 and Clause 52.252-2.
Federal Acquisition Regulation (FAR) provision 52.212-1, Instructions to Offerors-Commercial Items (Oct 2018) and 52.212-2, Evaluation - Commercial Items (Oct 2014) applies to this solicitation. In addition, offerors shall submit with their proposal a completed copy of FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Oct 2018) with Alternate I (Oct 2014).
FAR clauses 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018) and Alt I , and FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019) are applicable to this solicitation.
The following FAR provisions and clauses apply:
By Reference:
52.204-7 System for Award Management. 2018-10 SEC I
52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC I
52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC K
52.212-1 Instructions to Offerors-Commercial Items. 2018-10 SEC F
52.217-5 Evaluation of Options. 1990-07 SEC M
52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11 SEC I
52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I
52.232-18 Availability of Funds. 1984-04 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 SEC I
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I
52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 SEC I
52.253-1 Computer Generated Forms. 1991-01 SEC I
252.201-7000 Contracting Officer's Representative 1991-12 SEC G
252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2011-11 SEC K
252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I
252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 SEC I
252.204-7006 Billing Instructions. 2005-10 SEC G
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 SEC I
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 SEC I
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 SEC I
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2019-05 SEC I
252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC K
252.223-7006 Prohibition on Storage, Treatment, and
Disposal of Toxic or Hazardous Materials.
2014-09 SEC I
252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I
252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I
252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I
252.225-7048 Export-Controlled Items. 2013-06 SEC I
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G
252.232-7010 Levies on Contract Payments. 2006-12 SEC I
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 SEC I
252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I
252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I
252.246-7008 Sources of Electronic Parts. 2018-05 SEC I
By Full Text:
52.204-19 Incorporation by Reference of Representations and Certifications. (2014)
As prescribed in 4.1202(b), insert the following clause.
Incorporation by Reference of Representations and Certifications (Dec 2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award
Management (SAM), are incorporated by reference into the contract.
(End of clause)
(End of Clause)
52.204-22 Alternative Line Item Proposal. ( 2017)
As prescribed in 4.1008 , insert the following provision:
Alternative Line Item Proposal (Jan 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's
practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments.
Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested
in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the
Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line
items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative
proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the
line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
(End of Clause)
Alternate
52.212-3 Offeror Representations and Certifications-Commercial Items. (2018) Alternate I 2014-10
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications-Commercial Items (Oct 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations
and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.
If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete
only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision-
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is
at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which
are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged
in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the
WOSB Program.
Forced or indentured child labor means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which
the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished
by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls
one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest
level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control
include, but are not limited to, one or more of the following: ownership or interlocking management, identity of
interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic
corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made
or processed from raw materials into the finished product that is to be provided to the Government. If a product is
disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Restricted business operations means business operations in Sudan that include power production activities, mineral
extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the
Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include
business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act
of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the
Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian
organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.Sensitive technology-
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 veteransor,
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 with13 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 at13 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 CFR124.104(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 small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR
part127), 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.
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 least51
percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(b)
(1) 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 in SAM
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through
http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except
for paragraphs ____.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the
purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and
complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United
States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [_]is, [_]is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern
in paragraph(c)(1) of this provision.] The offeror represents as part of its offer that it [_]is, [_]is not a veteran-owned
small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer
that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern
in paragraph (c)(1) of this provision.] The offeror represents, that it [_]is, [_]is not a small disadvantaged business
concern as defined in 13 CFR124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern
in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business
concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a womenowned
small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i) It [_]is, [_]is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_]is, [_]is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation
in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program
participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the
WOSB Program and other small businesses that are participating in the joint venture: ____.] Each WOSB concern
eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB
representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror
represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror
represents that-
(i) It [_]is, [_]is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no
change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_]is, [_]is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation
in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The
offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the
joint venture: ____.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of
the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition
threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a womenowned
business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]
The offeror represents that it [_]is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify
the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier
subcontractors) amount to more than 50 percent of the contract price:____
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in
paragraph(c)(1) of this provision.] The offeror represents, as part of its offer, that-
(i) It [_]is, [_]is not a HUBZone small business concern listed, on the date of this representation, on the List of
Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material
changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was
certified in accordance with 13 CFR Part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the
representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern
participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business
concerns participating in the HUBZone joint venture: ____.] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order11246-
(1) Previous contracts and compliance. The offeror represents that-
(i) It [_] has, [_] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of
this solicitation; and
(ii) It [_] has, [_] has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that(
i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment,
affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2),
or
(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules
and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ 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-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR
52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this
solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act:
Canadian End Products:
| Line Item No. |
| ____ |
| ____ |
| ____ |
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the
basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined
in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act:
Canadian or Israeli End Products:
| Line Item No. || Country of Origin |
| ____ || ____ |
| ____ || ____ |
| ____ || ____ |
[List as necessary]
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at
52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than
Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the
clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
| Line Item No. || Country of Origin |
| ____ || ____ |
| ____ || ____ |
| ____ || ____ |
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-
made or designated country end product, as defined in the clause of this solicitation entitled Trade Agreements.
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end
products.
Other End Products:
| Line Item No. || Country of Origin |
| ____ || ____ |
| ____ || ____ |
| ____ || ____ |
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items
covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products
without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of
U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for
such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is
expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief,
that the offeror and/or any of its principals-
(1) [_]Are, [_]are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of
contracts by any Federal agency;
(2) [_]Have, [_]have not, within a three-year period preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes
relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(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
appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been
issued a notice under I.R.C. ?6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting
the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the
hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity
to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax
court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. ?6159. The taxpayer is making timely
payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not
currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action
is stayed under 11 U.S.C. ?362 (the Bankruptcy Code).
(i) 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 Countries of Origin |
| ____ || ____ |
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of
this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced,
or manufactured in the corresponding country as listed for that product.
[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith
effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end
product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such
use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured
end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end
products it expects to provide in response to this solicitation is predominantly-
(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the
United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [_] Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification
by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by
its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if
paragraph (k)(1) or (k)(2) applies.]
(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does
[_] does not certify that-
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes
and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to
the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR
22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract
will be the same as that used for these employees and equivalent employees servicing the same equipment of
commercial customers.
(2) Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that-
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by
the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the
course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see
FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or
her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent
of available hours during the contract period if the contract period is less than a month) servicing the Government
contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is
the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies-
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not
attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting
Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in
paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this
clause.
(l) Taxpayer Identification Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required
to provide this information to the SAM to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with
debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and
6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's
relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting
requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN: ____.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively
connected with the conduct of a trade or business in the United States and does not have an office or place of business
or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR1.6049-4;
[_] Other ____.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent;
[_] Name and TIN of common parent:
Name ____.
TIN ____.
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not
conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations.
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with
either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at
9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. The Offeror represents that-
(i) It [_]is, [_] is not an inverted domestic corporation; and
(ii) It [_]is, [_]is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3)
of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the
government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the
government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for
which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any
transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the
property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act
(et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resourcecenter/
sanctions/SDN-List/Pages/default.aspx).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or
a requirement to have a unique entity identifier in the solicitation).
(1) The Offeror represents that it [_] has or [_] does not have an immediate owner. If the Offeror has more than one
immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph
(3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates has in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code: ____.
Immediate owner legal name: ____.
(Do not use a doing business as name)
Is the immediate owner owned or controlled by another entity: [_] Yes or [_] No.
(3) If the Offeror indicates yes in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or
controlled by another entity, then enter the following information:
Highest-level owner CAGE code: ____.
Highest-level owner legal name: ____.
(Do not use a doing business as name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act,
2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will
not enter into a contract with any corporation that(
i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability,
unless an agency has considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the
corporation and made a determination that this action is not necessary to protect the interests of the Government.
(2) The Offeror represents that-
(i) It is [_] is not [_] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant
to an agreement with the authority responsible for collecting the tax liability; and
(ii) It is [_] is not [_]a corporation that was convicted of a felony criminal violation under a Federal law within the
preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)
(1) The Offeror represents that it [_]is or [_]is not a successor to a predecessor that held a Federal contract or grant
within the last three years.
(2) If the Offeror has indicated is in paragraph (r)(1) of this provision, enter the following information for all
predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse
chronological order):
Predecessor CAGE code: ____ (or mark Unknown).
Predecessor legal name: ____.
(Do not use a doing business as name).
(s) [Reserved].
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (12.301(d)(1)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior
Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract
awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [_] does, [_] does not publicly disclose
greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas
inventory, performed in accordance with an accounting standard with publicly available and consistently applied
criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [_]does, [_]does not publicly disclose a
quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to
reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas
emissions reporting program.
(3) If the Offeror checked does in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall
provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:____.
(u)
(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in
continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds
for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or
abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or
subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement
representative of a Federal department or agency authorized to receive such information.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard
Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information
Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of
classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or
subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise
restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance
of a Government contract to a designated investigative or law enforcement representative of a Federal department or
agency authorized to receive such information (e.g., agency Office of the Inspector General).
Alternate I (Oct2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
____ Black American.
____ Hispanic American.
____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei,
Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic
of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam,
Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka,
Bhutan, the Maldives Islands, or Nepal).
____ Individual/concern, other than one of the preceding.
(End of Clause)
52.212-4 Contract Terms and Conditions-Commercial Items. ( 2018)
As prescribed in 12.301(b)(3), insert the following clause:
Contract Terms and Conditions-Commercial Items (Oct 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements
of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered
for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance
of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct
the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for
acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance
of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in
accordance with the Assignment of Claims Act (31U.S.C.3727). However, when a third party makes payment (e.g.,use
of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under
this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41U.S.C.chapter71, Contract Disputes. Failure of the parties to this contract
to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to
this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is
incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending
final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence
beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public
enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and
