1249 Life support-11356588

1. Expired 4 years, 45 weeks and 3 days ago

Notice type: COMBO/SYNOPSIS
Posting date: May 20, 2019
Response date: June 6, 2019
Classification code: W-Lease or Rental of Equipment
NAICS code: 562119
FSC: W099
Solicitation #: 11356588
SET Aside- Total Small Business
Contracting Office Address: United States Property and Fiscal Office, ATTN: USPFO-P, 1776 Militia Way/PO Box 14350, Salem, Oregon 97309-5047



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 is No. 11356588 and is issued as a Request for Quote (RFQ). Request for Quotes are due by 6 June 2019 2:00 p.m. (PST). The RFQ will result in a firm fixed price contract. This solicitation is 100% set-aside for small businesses.


American Industry Classification System (NAICS) code for this acquisition is 561210. The United States Property and Fiscal Office of the Oregon Army National Guard is soliciting quotes to procure the following services:



I. Overall Concept and Address
SPECIFICATIONS:


The contractor shall provide all equipment, material, labor, supervision; supplies and items necessary in support of the 1249 Engineer Battalion Annual Training to be conducted at the Umatilla Army Depot near Hermiston, Oregon.


Contractor shall coordinate with the Government Contracting Officer Representative (COR) for ALL movement of vehicles and personnel onto Umatilla Army Depot. This training exercise includes restricted areas. Although these areas will be clearly marked, it will be imperative for the contractor to validate routes for movement on Umatilla Army Depot. Safety is the first consideration of all training activities


Location: Umatilla Army Depot, Hermiston, Oregon


Period of Performance: 15 June-27 June 2019


Life support services in accordance with the requirements listed below.


CLIN 0001 Chemical Toilets -ONE (1) Job provide sixty (60) toilets per PWS


CLIN 0001 TOTAL tiny_mce_marker________________________________________



CLIN 0002-Hand Wash Station-ONE (1) Job Provide sixteen (16) hand wash stations per PWS


CLIN 0002 tiny_mce_marker________________________________________



CLIN 0003-Two (2) shower trailer units with 15/16 shower heads-ONE (1) JOB per PWS


CLIN 0003 tiny_mce_marker________________________________________


CLIN 0004- Army Contractor Manpower Reporting Requirement (yearly requirement). Include price for this reporting requirement (see requirement below) or indicate "No Charge".


CLIN 0004 TOTAL tiny_mce_marker_______________________________________



QUOTE TOTAL tiny_mce_marker________________________________________



Requirements for your quote: Please submit a quote on your company letterhead showing a price per contract line item (CLIN) with the total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. The award will only be made to an offeror that is all-inclusive of the requirements on this solicitation.
Clause 52.219-14 -- Limitations on Subcontracting By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for -- (1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. (2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.


Evaluation Criteria:
Award will be made to the lowest priced offeror that meets the minimum performance standards and is determined responsible in accordance with FAR Part 9.
This announcement is the solicitation which will result in a firm fixed-price contract.


Point of Contact:


Offerors can submit their quote any time before the due date to:
Deannie L. Darrow
Contract Specialist,
USPFO for Oregon P&C
deannie.l.darrow.civ@mail.mil
503-584-3435



1.0 Performance Standards
The contractor shall provide all labor, equipment, tools, materials, supervision and services necessary in connection with delivery, service and pick up of chemical latrines and hand washing stations at the Umatilla Army Depot. When more than one unit is positioned at any location, the contractor shall place the units as close together as feasible for user convenience and organized appearance. The contractor shall use appropriate tie-down systems as necessary to ensure all units are secured in designated locations to prevent high winds from toppling them over. The contractor shall furnish replacement units for all units removed for maintenance, repair or units that have toppled over. The chemical latrines will be repositioned, as requested, in a phased manner throughout the training area. The contractor shall relocate portable toilets as directed by the Government COR not to exceed 10 moves during the exercise. The movement of portable chemical toilets will be requested 24 hours in advance.
The contractor shall dispose of all waste at an off-post location. Disposal shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for any permits or fees associated with the use of off-post disposal locations.


Provide sixty (60) outdoor style portable chemical toilets (standard Restroom) and a minimum of sixteen (16) portable hand washing stations (portable sinks) to support 350 Soldiers.
 Respond to requests for emplacement within 24 hours. Clean inside and outside of all units every other day or more frequently as needed to where they are free of all human waste, soiled toilet articles and dirt. After emptying the units the contractor shall refill each unit with standard commercial sanitizing chemicals and enough toilet paper to last until the next scheduled service.
 Hand washing stations will be serviced (to include paper towels, soap, refilling water, etc) at the same interval as the portable chemical toilets.
 Hand washing stations are to be filled completely (100%) at the start-up of the exercise and remain no less than 50% filled during the remainder of the exercise.
 Hand washing stations shall never run out of water to ensure that sanitary conditions are met in a field environment.
Pump out gray water from Government Provided IBC Totes and multiple 1350 gallon gray water blivets and dispose of according to local, state and federal regulations.
Gray water will not be allowed to drain on the ground; gray water removal will be performed by the contractor. The contractor shall maintain material safety data sheets (MSDS) in the contractor's vehicle for all applicable material used in the performance of this service.


2.0 Acceptable Quality Level:


 Provide a minimum of 60 outdoor style portable chemical toilets
 Provide a minimum of 16 portable hand washing stations
 Provide a minimum of 2 each shower trailer units with 15/16 shower heads.
 Pump gray water from government provided IBC Totes produced by 1249 EN's Mobile Kitchen trailer; Pump gray water from 2 each shower trailers; one pumping every days beginning on 16 June 2019 ending on 26 June 2019.
 Chemical toilet units shall be of standard commercial manufacture intended for use as portable chemical toilets.
 Hand washing stations are to be filled completely (100%) at the start-up of the exercise and remain no less than 50% filled during the remainder of the exercise. Hand washing stations shall never run out of water to ensure that sanitary conditions are met in a field environment.
 Portable chemical toilets shall consist of a completely enclosed, well-vented enclosure, the roofs, sides, and floors shall be free of leaks, cracks and holes; Toilet units will include waterless hand sanitizer; Doors shall be self-closing, tight fitting, and will have an inside lock.
 All portable toilets shall be new or like new condition, clean, single type occupancy, to include urinal, and easily serviced.
 The contractor shall clean inside and outside of all units every other day (every 2 days) to where they are free of all human waste, soiled toilet articles and dirt; after emptying the units the contractor shall refill each unit with standard commercial sanitizing chemicals and enough toilet paper to last until the next scheduled service.
 Hand washing stations will enable Soldiers to wash their hands in a sanitary manner.
 Hand washing stations will be of standard commercial manufacture intended for use as sanitary hand washing stations.
 The stations will be free of leaks and watertight - at least one hand washing station per every 4 toilets in one geographical area.
 The contractor shall maintain material safety data sheets (MSDS) in the contractor's vehicle for all applicable material used in the performance of this service.
 When more than one unit is positioned at any location, the contractor shall place the units as close together as feasible for user convenience and organized appearance and/or at the direction of the on-site government representative.
 The contractor shall use appropriate tie-down systems as necessary to ensure all units are secured in designated locations to prevent high winds from toppling them over. If such units were to topple over, contractor is responsible to meet all Government requirements and removal of contaminated dirt, ground or are of contamination.
 The contractor shall furnish replacement units for all units removed for maintenance, repair or units that have toppled over.
 The chemical latrines will be repositioned, as requested, in a phased manner throughout the training area during the period of performance. The contractor shall relocate portable toilets as directed by the Government COR not to exceed 10 moves during the exercise.
 The contractor shall dispose of all waste at an off-post location. The contractor may not dump wastes anywhere within Umatilla Army Depot unless pre-coordinated and approved by Umatilla Army Depot. Disposal shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for any permits or fees associated with the use of off-post disposal locations.
 The contractor shall provide all labor, equipment, tools, materials, supervision and services necessary in connection with delivery, service and pick up of chemical latrines and hand washing stations at Umatilla Army Depot.
 Required movement of portable chemical toilets will be requested 24 hours in advance.
 The contractor shall provide transportation and set up of shower trailers with all necessary gray water disposal blivets.
 The contractor shall provide tanker, personnel and coordinate to ensure each trailer unit has enough fresh water on hand at all times to ensure soldiers may clean themselves with fresh water for sanitary reasons.
 The contractor will coordinate directly with the COR for fresh water tanker refill. The government agency and Umatilla Army Depot will provide all fresh water needed for water tankers.
 The contractor will provide all power, gray water holding tanks and on-site maintenance as required.
3.0 Security Requirements


All service providers shall be able to provide a valid driver's license, valid vehicle registration, and valid vehicle insurance to base security in order to gain access before gaining access to the site. All personnel will be subjected to a Law Enforcement Data System (LEDS) Background check. All individuals with unfavorable background checks will be banned from the installation. All contracted employees and subcontracted employees will be required to pass the required training below in order to come and go off site or maintain onsite for the duration of the requirement.


4.0 Antiterrorism/Operations Security Requirements


4.1 AT Level I Training: All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the contracting officer, within 10 days of award. AT Level I awareness training is available at the following website: http://jko.jten.mil.


4.2 iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. There will be an AT/OPSEC handout for the contractor to review and a student log for the contractor to sign to complete this requirement. This training shall be completed and the results reported to the COR and the contracting officer within 10 days of award.


5.0 Contracting Manpower Recording Act (CMRA):


5.1 The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the National Guard Bureau via a secure data collection site.


5.2 The Contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil


5.3 Unit Identification Code (UIC) for the Requiring Activity: W90KNA


6.0 Issuing Office DoDAAC: W912JV


III. Terms and Conditions:


Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors' proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors' proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil.


FAR 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-9 Personal Identity Verification of Contractor Personnel
FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
FAR 52.204-16 Commercial and Government
Entity Code Reporting
FAR 52.204-18 Commercial and Government Entity Code Maintenance
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.219-6, Notice of Total Small Business Set-Aside
FAR 52.219-28, Post Award Small Business Representation
FAR 52.222-3 Convict Labor
FAR 52.222-21, Prohibition Of Segregated Facilities.
FAR 52.222-26, Equal Opportunity.
FAR 52.222-41, Service Contract Labor Standards
FAR 52.222-54, Employment Eligibility Verification.
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.232-33, Payment by Electronic Funds Transfer--System for Award Management.
FAR 52.222-50, Combating Trafficking in Persons.
FAR 52.222-55 Minimum Wages Under Executive Order 13658
FAR 52.222-62 Paid Sick Leave Under Executive Order 13706
FAR 52.223-5, Pollution Prevention and Right to Know Information
FAR 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving
FAR 52.228-5 Insurance - Work on a Government Installation
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation
DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials
DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights
DFARS 252.203-7005,
DFARS 252.204-7008 Compliance with Safeguarding
Covered Defense Information Controls
DFARS 252.204-7011 Alternative Line Item Structure
DFARS 252.204-7012, Safeguarding Unclassified Controlled Technical Information.
DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors
DFARS 252.232-7003, Electronic Submission of Payment Requests.
DFARS 252.232-7010, Levies on Contract Payments
DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel
DFARS 252.209-7993, Representation by Corporations Regarding an Unpaid Delinquent Tax
DFARS 252.244-7000 Subcontracts for Commercial Items
52.212-1 Instructions to Offerors-Commercial Items.
As prescribed in 12.301(b)(1), insert the following provision:
Instructions to Offerors-Commercial Items (Oct 2018)
1. (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.
2. (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-
a. (1) The solicitation number;
b. (2) The time specified in the solicitation for receipt of offers;
c. (3) The name, address, and telephone number of the offeror;
d. (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;
e. (5) Terms of any express warranty;
f. (6) Price and any discount terms;
g. (7) "Remit to" address, if different than mailing address;
h. (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);
i. (9) Acknowledgment of Solicitation Amendments;
j. (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
k. (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.
3. (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.
4. (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 preaward testing.
5. (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.
6. (f) Late submissions, modifications, revisions, and withdrawals of offers.
a. (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.
b. (2)
i. (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-
1. (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
2. (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
3. (C) If this solicitation is a request for proposals, it was the only proposal received.
ii. (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.
c. (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.
d. (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.
e. (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.
7. (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.
8. (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.
9. (i) Availability of requirements documents cited in the solicitation.
a. (1)
i. (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part101-29, 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. (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.
b. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
i. (i) ASSIST ( https://assist.dla.mil/online/start/).
ii. (ii) Quick Search ( http://quicksearch.dla.mil/).
iii. (iii) ASSISTdocs.com (http://assistdocs.com).
c. (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
i. (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
ii. (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
iii. (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
d. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
10. (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).) 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.
11. (k) [Reserved]
12. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
a. (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
b. (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.
c. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
d. (4) A summary of the rationale for award;
e. (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
f. (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.
52.212-2 Evaluation-Commercial Items.
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation-Commercial Items (Oct 2014)
1. (a) 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:
________________________________________________ ________________________________________________ ________________________________________________
[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]
Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]
2. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
3. (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.


52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (Jan 2017)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://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;
(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(vi) The Family and Medical Leave Act; and
(vii) 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-
(6) 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
(7) 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
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 on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (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 is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
_____________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
____ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.


(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [_] has, [_] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN



[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN



[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN



[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.:
_____________________________
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
Line Item No.: Country of Origin:



[List as necessary]
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No.: Country of Origin:



[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
Line Item No.: Country of Origin:



[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 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 liabi