Combined Synopsis/Solicitation
IAW FAR 12.603
F3Y0AQ9163A001
Lettering and Logos for 72 LRS
This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in
Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes
the only solicitation; ONE quote is being requested and a written solicitation will not be issued.
The Air Force Sustainment Center Operational Contracting Branch (AFSC/PZIOA) located at Tinker Air Force
Base (TAFB) Oklahoma, intends to award a Firm Fixed Price (FFP) contract for Lettering which consists of
furnishing all labor, equipment, instruments, materials, transportation, and incidentals required to design, produce,
and install LRS Logos and Lettering for 72 LRS. See the attached Performance Work Statement (PWS) for further
information and specifications regarding the requirement.
Classification Data:
NAICS Code - 339950
Classification Code - 9905
SBA Size Standard - 500 employees
THIS ACQUISITION IS AN OTHER THAN FULL AND OPEN COMPETITION, SOLE SOURCE
AWARD TO WALKER STAMP & SEAL CO.
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition
Circular 2019-01 (http://farsite.hill.af.mil/vmfara.htm).
TERMS AND CONDITIONS: The terms and conditions are standard for Government and Commercial
customers:
- Standard commercial warranties apply. Reference FAR 52.212-4(o).
- The supplies delivered by the contractor will not be accepted by the Government until PWS and
contractual requirements have been met.
- Payment will not be made until work and materials are accepted by the Government.
Request for Quote Submission Information:
Quotes are due ONLY from the SOLE SOURCE by Wednesday, 03 July 2019, 10:00 a.m. (CDT).
The following individual is the POC for information regarding this solicitation:
Sarah Brackner
Contract Specialist
[email protected]
Phone: (405) 739-4033
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect
calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
17a. CONTRACTOR/ 18a. PAYMENT WILL BE MADE BY CODE
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
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FA810119RA025
Solicitation/Contract Form
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FA810119RA025
Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
0001 BLDG 260 - 48" SEAL WITH 16"
LETTERS LAYOUT: SEAL TO LEFT
AND TEXT TO RIGHT: DEPLOYMENT
PROCESSING CENTER INSTALLED
ON CONCRETE BUILDING
Purchaser's Item Code: NULL
Product Service Code: 9905
CIN: F3Y0AQ9163A0010000AA
1.0 Lot
0002 BLDG 250 - 36" PLAQUE INSTALLED
ON BRICK TO THE RIGHT OF THE
DOOR
Purchaser's Item Code: NULL
Product Service Code: 9905
CIN: F3Y0AQ9163A0010000AA
1.0 Lot
0003 BLDG 1130 - 48" PLAQUE INSTALLED
ON FRONT OF METAL AWNING
Purchaser's Item Code: NULL
Product Service Code: 9905
CIN: F3Y0AQ9163A0010000AA
1.0 Lot
0004 BLDG 2110 REFUELING STATION
- 36" PLAQUE INSTALLED ABOVE
DOOR ON METAL BUILDING OR
TO THE LEFT OF DOOR ON METAL
BUILDING
Purchaser's Item Code: NULL
Product Service Code: 9905
CIN: F3Y0AQ9163A0010000AA
1.0 Lot
0005 BLDG 3812 - 48" PLAQUE INSTALLED
TO LEFT OF DOOR ON CONCRETE
BUILDING
Purchaser's Item Code: NULL
Product Service Code: 9905
CIN: F3Y0AQ9163A0010000AA
1.0 Lot
0006 Signage Installation, Per Hour, Per
Person LIFT RENTAL FOR EACH
LOCATION AND ESTIMATED INSTALL
Purchaser's Item Code: NULL
Product Service Code: 9905
CIN: F3Y0AQ9163A0010000AA
1.0 Lot
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Description/Specifications/Statement of Work
Requirements
This solicitation is for the design, production, and installation of LRS Logos and Lettering for 72 LRS.
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Packaging and Marking
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Inspection and Acceptance
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Deliveries or Performance
Contractor
Destination
0001 Delivery Schedule Ship To Address
Delivery Requested By
11 JUL 2019
1.0 Lot
Ship To
DoDAAC: F3Y0AQ
Cage:
DunsNumber:
Duns4Number:
CountryCode:
0002 Delivery Schedule Ship To Address
Delivery Requested By
11 JUL 2019
1.0 Lot
Ship To
DoDAAC: F3Y0AQ
Cage:
DunsNumber:
Duns4Number:
CountryCode:
0003 Delivery Schedule Ship To Address
Delivery Requested By
11 JUL 2019
1.0 Lot
Ship To
DoDAAC: F3Y0AQ
Cage:
DunsNumber:
Duns4Number:
CountryCode:
0004 Delivery Schedule Ship To Address
Delivery Requested By
11 JUL 2019
1.0 Lot
Ship To
DoDAAC: F3Y0AQ
Cage:
DunsNumber:
Duns4Number:
CountryCode:
0005 Delivery Schedule Ship To Address
Delivery Requested By
11 JUL 2019
1.0 Lot
Ship To
DoDAAC: F3Y0AQ
Cage:
DunsNumber:
Duns4Number:
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CountryCode:
0006 Delivery Schedule Ship To Address
Delivery Requested By
11 JUL 2019
1.0 Lot
Ship To
DoDAAC: F3Y0AQ
Cage:
DunsNumber:
Duns4Number:
CountryCode:
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Contract Administration Data
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Special Contract Requirements
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Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-16 Preventing Personal Conflicts of Interest DEC 2011
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR
2014
52.204-3 Taxpayer Identification OCT 1998
52.204-7 System for Award Management OCT 2016
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-13 System for Award Management Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-17 Ownership or Control of Offeror JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law
FEB 2016
52.212-1 Instructions to Offerors--Commercial Items JAN 2017
52.212-3 Offeror Representations and Certifications--Commercial Items JAN 2017
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.222-50 Combating Trafficking in Persons MAR 2015
52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and
Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and
Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of
code is known as a NATO CAGE (NCAGE) code.
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.
(b) 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 (c) and if applicable, paragraph (d) of
this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
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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.
(d) If the Offeror indicates ``yes'' in paragraph (c) 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)
(End of provision)
52.204-20 Predecessor of Offeror (JUL 2016)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and
Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and
Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of
code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
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.
(b) 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.
(c) If the Offeror has indicated "is" in paragraph (b) 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).
(End of provision)
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52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV
2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled
Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) 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.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) 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--
(1) 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
(2) 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.
(b) The Offeror represents that--
(1) 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
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the
preceding 24 months.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and
certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal.
If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only
paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision --
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"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement
agency following an investigation. An administrative merits determination may
be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this
definition, it is necessary to consult section II.B. in the DOL Guidance.
"Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation
occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject
to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential
proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult
section II.B. in the DOL Guidance.
"Civil judgment" means--
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court
determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or
order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition,
it is necessary to consult section II.B. in the DOL Guidance.
"DOL Guidance" means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673,
`Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/
fairpayandsafeworkplaces.
"Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concern that is at
least 51 percent directly and unconditionally owned by, and the management and daily
business operations of which are controlled by, one or more women who are citizens of the United States and who are
economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small
business eligible under the WOSB Program.
"Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement
components of DOL (Wage and Hour Division, Office of Federal Contract Compliance
Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the
Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency
designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity
as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies,
conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O.
13673
are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
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FA810119RA025
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance
Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the
worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by
process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one
or more entities that control an immediate owner of the offeror. No entity
owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include,
but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family
members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic
corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement
agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance
with the labor laws, or other related matters.
"Labor laws" means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment
Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
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(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--
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(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to
regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)
(3)).
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or,
in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such
veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as
defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in
the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13
CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size
standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13
CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the
applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals,
who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the
predecessor under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same company or a company that only changes its name. The
extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and
specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any
publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the
case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose
management and daily business operations are controlled by one or more women.
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"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51
percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)",
means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and
daily business operations of which are controlled by, one or more women who are citizens of the United States.
Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined
indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of
``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law
decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD,
GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do
not automatically change the representations and certifications posted electronically on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed
through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of
this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations
and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete,
and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for
this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for
paragraphs ___ .
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the
purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable
to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or
its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business
concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned
small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteranowned
small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ )
is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business
concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business
concern.
Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the
simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned
small business concern in paragraph (c)(5) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to
the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
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(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in
paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the
joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other
small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program
participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented
itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no
change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in
paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall
enter the name or names of the EDWOSB concern and
other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint
venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned
business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror
represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor
surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors)
amount to more than 50 percent of the contract price:
___
(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of
Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in
ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance
with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the
representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in
the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating
in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall
submit a separate
signed copy of the HUBZone representation.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity
clause of this solicitation, the and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment,
affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and
regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is
expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no
Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer
PAGE 19 OF 41
FA810119RA025
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]
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FA810119RA025
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The
offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as
domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of
the definition of "domestic end product."
Other Foreign End Products:
Line Item No. Country of Origin
___
___
___
___
___
___
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause
at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation
entitled "Buy American -Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
___
___
___
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the
clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of Origin
___
___
___
___
___
___
[List as necessary]
(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR
52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than
Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the
clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':
PAGE 21 OF 41
FA810119RA025
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:
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(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. (S)6212, which entitles the taxpayer to seek Tax
Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer
seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a
notice under I.R.C. (S)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. (S)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. (S)362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting
Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of
Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed end products.
Listed End Product Listed Countriesof Origin
___
___
___
___
___
___
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this
provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort
to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product
furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child
labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end
products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it
expects to provide in response to this solicitation is predominantly--
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the
United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) ( ___ ) Outside the United States.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end
products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it
expects to provide in response to this solicitation is predominantly--
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(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the
United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) ( ___ ) Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the
offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if
it subcontracts out the exempt services.)
[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
[ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ___ )
does ( ___ ) does not certify that--
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and
are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the
general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR
22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the
same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
[ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that--
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the
offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of
normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR
22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time
(a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available
hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the
same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies--
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a
Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as
soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)
(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide
this information to the SAM database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt
collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and
implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's
relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting
requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of
the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
( ___ ) TIN: --------------------.
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( ___ ) TIN has been applied for.
( ___ ) TIN is not required because:
( ___ ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively
connected with the conduct of a trade or business in the United States and does not have an office or place of business or a
fiscal paying agent in the United States;
( ___ ) Offeror is an agency or instrumentality of a foreign government;
( ___ ) Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
( ___ ) Sole proprietorship;
( ___ ) Partnership;
( ___ ) Corporate entity (not tax-exempt);
( ___ ) Corporate entity (tax-exempt);
( ___ ) Government entity (Federal, State, or local);
( ___ ) Foreign government;
( ___ ) International organization per 26 CFR 1.6049-4;
( ___ ) Other ----------.
(5) Common parent.
( ___ ) Offeror is not owned or controlled by a common parent;
( ___ ) Name and TIN of common parent:
Name - ___ .
TIN - ___ .
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct
any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations--
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either
an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b)
applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. By submission of its offer, the offeror represents that--
(i) It is not an inverted domestic corporation; and
(ii) It is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at [email protected].
(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.
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(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 section 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 and 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) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not
itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of
this provision.
(1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror [ ___ ] does [ ___ ] does not
anticipate submitting an offer with an estimated contract value of greater than $50 million.
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(ii) For solicitations issued after April 24, 2017: The Offeror [ ___ ] does [ ___ ] does not anticipate submitting an offer with
an estimated contract value of greater than $500,000.
(2) If the Offeror checked ``does'' in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the
Offeror's knowledge and belief [Offeror to check appropriate block]:
[ ___ ](i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor
law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on
October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or
[ ___ ](ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor
law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for
three years preceding the date of the offer, whichever period is shorter.
(3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and theContracting Officer has initiated a responsibility
determination and has requested additional information, the Offeror shall provide--
(A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at
www.sam.gov, unless the information is already current, accurate, and complete in SAM. This
information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS):
(1) The labor law violated.
(2) The case number, inspection number, charge number, docket number, or other unique identification number.
(3) The date rendered.
(4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision;
(B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer,
if the Contracting Officer requires it;
(C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating
factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and
other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This
information will not be made public unless the contractor determines that it wants the information to be made public; and
(D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets
an exception to SAM registration (see FAR 4.1102(a)).
(ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a
responsibility determination.
(B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding
of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as
requested by the Contracting Officer may render the Offeror nonresponsible.
(C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed
when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to
other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation
in accordance with the procedures set forth in FAR 12.403.
(4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the
Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate.
(5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and
Integrity Information System (FAPIIS).
Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of
the order. The enjoined paragraph 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.
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(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to
register in SAM (52.212-1(k)).
(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 Web site 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 Web site a target to
reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site 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 Web site(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).
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--
COMMERCIAL ITEMS (JAN 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in
this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
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(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805
note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being
incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of
commercial items: (Contracting Officer check as appropriate.)
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.
4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
XX (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)
(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31
U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117,
section 743 of Div. C).
___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the
offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
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____ (v) Alternate IV (Nov 2016) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small
Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible
Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
X(30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of
commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for
solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations
and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of
the order. The enjoined paragraph 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.
____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42
U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially
available off-the-shelf items.)
____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016)
(E.O. 13693).
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____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016)
(E.O. 13693).
____ (40) (i) 52.223-13, Acquisition of EPEAT(r) Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (41)(i) 52.223-14, Acquisition of EPEAT(r) Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423
and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
X (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes
administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862,
as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (57) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (July 2013) (31 U.S.C. 3332).
____ (58) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (July 2013) (31
U.S.C. 3332).
____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
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____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b)
and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the
Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
X (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and
Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29
U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--
Requirements (MAY 2014) (41 U.S.C. chapter 67).
X(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this
contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain
the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have
access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for
examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in
FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially
terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination
settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or
relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,
regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the
Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not
required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless
otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
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(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer
further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000
($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that
offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with
paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down
required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--
Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvi)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations
and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and
resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of
the order. The enjoined paragraph 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.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).
(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as
amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down
required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10
U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional
clauses necessary to satisfy its contractual obligations.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
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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. Also, the full text of a clause may be accessed
electronically at this/these address(es):
http://farsite.hill.af.mil/
(End of clause)
252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)
(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74)
none of the funds made available by that Act may be used to enter into a contract with any corporation that--
(1) 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 the agency
has considered suspension or debarment of the corporation and made a determination that this further action is not necessary
to protect the interests of the Government.
(2) 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 the 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.
(b) The Offeror represents that--
(1) 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,
(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the
preceding 24 months.
(End of provision)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or
organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to
the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving
reports, as authorized by DFARS 252.232-7003, Electronic Submission
of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://
www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at
this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use
the Practice Training Site before submitting payment requests through
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WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or
File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and
receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
2-1 service
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as
specified by the contracting officer.
F3Y0AQ
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields
in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
--------------------------------------------------------------------------------------------
Field Name in WAWF Data to be entered in WAWF
--------------------------------------------------------------------------------------------
Pay Official DoDAAC F03000
Issue By DoDAAC FA8101
Admin DoDAAC FA8101
Inspect By DoDAAC F3Y0AQ
Ship To Code F3Y0AQ
Service Approver (DoDAAC) FA8101
Service Acceptor (DoDAAC) FA8101
--------------------------------------------------------------------------------------------
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate
contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if
applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each
payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email
Notifications" field of WAWF once a document is submitted in the system.
[email protected] and [email protected]
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
[email protected]
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
5352.201-9101 Ombudsman
As prescribed in 5301.9103, insert the following clause:
OMBUDSMAN (APR 2014)
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(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors,
and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the
concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source
selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or
the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who
can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or
recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines
for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer
actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, [Insert names,
addresses, telephone numbers, facsimile numbers, and e-mail addresses of Center/MAJCOM/DRU/HQ AFICA/AFRCO/SMC
ombudsman/ombudsmen]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/
MAJCOM/DRU/HQ AFICA/SMC ombudsman level, may be brought by the interested party for further consideration to the
Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon,
Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.
Such inquiries shall be directed to the Contracting Officer.
(End of clause)
5352.242-9000 Contractor Access to Air Force Installations (Nov 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make
frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to
wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while
visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract
number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access
to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials
or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration
office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s)
should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional
requirements to comply with local security procedures] to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly
assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access
to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply
with [insert any additional requirements to comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security
Program Management] citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure
that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(g) REAL ID ACT: Effective October 10, 2018 all contractors must comply with the REAL ID Act requirements. https://
www.dhs.gov/real-id
(1) The following state/territory IDs are not compliant with the REAL ID Act requirements. https://www.dhs.gov/real-id They
are as follows: Alaska, California, Idaho, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Missouri, Montana, North
Dakota, New Hampshire, Oklahoma, Oregon, Pennsylvania, South Carolina, Virginia, and Washington. The exceptions to this
restriction are Washington and Minnesota Enhanced Driver's Licenses (EDLs) which display a red, white and blue American
flag on the front of the ID card. EDLs exceed REAL ID Act guidelines and are considered acceptable forms of identification.
Standard issue driver's licenses from the above states, however, are not compliant.
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(2) There is no change for base access to individuals who already possess military issued credentials; non-DoD personnel
without base access credentials will be the largest demographic affected by REAL ID Act requirements. Identity proofing was
done using approved identification credentials with a background check conducted through law enforcement authoritative
databases. That will not change on October 10, 2018.
(3) What will change is which ID's for proof of identity will be accepted. The forms of ID on this list are for use solely at Tinker
AFB and several ID's on this list may not grant you entry for other Federal Facilities or military bases. If you are travelling
to other Federal Installations/buildings it is recommended you contact them before travelling to that location. Tinker AFB
acceptable alternative forms of ID are the following:
- U.S. Passport
- U.S. Passport Card
- PIV or Federally-issued PIV
- Driver's License issued by the U.S Department of State
- Border Crossing Card ( Form DSP-150)
- DHS "Trusted Traveler" Cards
- U.S. Military ID
- Veteran's Health Identification Card
- U.S. Permanent Resident Card (Form 1-551)
- U.S. Certificate of Naturalization (Form N-550)
- Employment Authorization Document issued by DHS (Form 1-766)
- U.S. Refugee Travel Document (Permit to Re-enter form 1-327 and Refugee Travel Document
Form 1-571)
- Transportation Worker
- Identification Credential (TWIC)
- Merchant Mariner Card issued by USCG
- A state driver's license or ID that meets the REAL ID standards or has an extension
- State-issued EDLs
- Interim Driver's License issued by a state that meets the REAL ID standards or has an extension
- Native American Tribal Photo ID
- Foreign government-issued passport
- PIV-I cards
- Non-Real ID Act Driver's License supplemented with documentation listed:
- Social Security Card
- Birth Certificate
- Voter Registration Card
- State Issued Concealed Carry License
- State Issued Vehicle Registration
(4) All visitors are required to have the proper identification to access an Air Force installation. A REAL ID Act compliant
credential will be required to establish individual identity. Those who do not have the accepted documentation for installation
access will not be permitted to enter the base without an approved escort (contractors cannot escort other contractors).
(5) Delivery drivers will be required to receive an access pass and background check. It should only add a few minutes
to the delivery time, provided the delivery driver meets the criteria for receiving an access pass. In order to conduct the
background check, a REAL ID Act compliant credential will be required to establish individual identity. Those who do not have
the accepted documentation for installation access will not be permitted to enter the base without an approved escort.
(6) There is no change for base access to individuals who already possess military issued credentials. Those incoming
employees who do not currently have military issued credentials will need identity proofing using approved identification
credentials with a background check conducted through law enforcement authoritative databases.
(End of clause)
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List of Attachments
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Representations, Certification, and other Statements of Offerors
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Instrs., Conds., and Notices to Offerors
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Evaluation Factors for Award
PAGE 41 OF 41

Bid Protests Not Available