de.usembassy.gov• install new internal ducted fan coil unit. unit shall be mounted in a manner...

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SGE50017Q00172. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/16/2017

7. FOR SOLICITATIONINFORMATION CALL:

a. NAME

Damian Richardb. TELEPHONE NUMBER (No collect calls)c. EMAIL [email protected]

8. OFFER DUE DATE / LOCALTIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURTGIESSENER STRASSE 30ATTN: RPSOFRANKFURT, 60435GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 238220

SIZE STANDARD: $15,000,000

10. THE ACQUISITION IS

SEESCHEDULE

11. DELIVERY FOR FOB DESTINATIONUNLESS BLOCK IS MARKED 0 Days: EUR0.00

0 Days: EUR0.000 Days: EUR0.000 Days: EUR0.00

12. DISCOUNT TERMS

13a. THIS CONTRACT ISRATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP14. METHOD OF SOLICITATION

FRANKCODE15. DELIVER TOAMERICAN CONSULATE GENERAL FRANKFURTGIESSENER STRASSE 30ATTN: FACFRANKFURT, 60435GERMANY

CODE FRANK16. ADMINISTERED BYAMERICAN CONSULATE GENERAL FRANKFURTGIESSENER STRASSE 30ATTN: RPSOFRANKFURT, 60435GERMANY

FACILITYCODE

CODE

Contact DunsTelephone No.

17a. CONTRACTOR/OFFEROR BERLICODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BERLINAMERICAN EMBASSY, CLAYALLEE 170FINANCIAL MANAGEMENT CENTER, ATTN. DBOBerlin, 14191GERMANY

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS INOFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW ISCHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATASee Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TOISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTHOR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THETERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ONSOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICHARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Fabiola A. Bellevue31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTIONPREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)Prescribed by GSA - FAR (48 CFR) 53.212

Page 1 of 36SGE50017Q0017

19.ITEM NO.

20.SCHEDULE OF SUPPLIES/SERVICES

21.QUANTITY

22.UNIT

23.UNIT PRICE

24.AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENTREPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIEDCORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK


001 Supply and Replacement of the HVACSystem in the Field House Multi-Purpose BuildingUS Consulate Frankfurt, Germany

1.00 LT

Doc Ref No:Delivery Date FOB:

002 Value Added Tax 1.00 LTDoc Ref No:

Delivery Date FOB:

Identifier Title Date Number ofPages

SECTION I - THE SCHEDULE

1.0 DESCRIPTION:

The American General Consulate Frankfurt requires the supply and installation of an HVAC system at the Field House Multi-PurposeBuilding located in the Carl Schurz Siedlung housing complex in Frankfurt, Germany.

2.0 TYPE OF CONTRACT

This Solicitation will result in a firm fixed-price order, Commercial Items contract. The method of evaluation is Lowest Price Tech-nically Acceptable offers.

3.0 PRICING

Pricing is to be provided for the services as stated on the Pricing Schedule, Attachment 'A', and shall include all labor, materials, gen-eral and administrative expenses (G&A), and profit. Any costs not priced will be considered to be included in the overhead and otherindirect costs.

3.1 VALUE ADDED TAX

The offeror shall identify Value Added Tax (VAT) as a separate line item in Attachment A, Price Schedule. The VAT shall also be re-flected as a separate cost item on all invoices submitted under the resulting contract.

4.0 PERFORMANCE / DELIVERABLES

4.1 Period of Performance - The Contractor shall be required to (a) commence on-site construction work under this contract within 5days after the issuance date of the “Notice To Proceed” (NTP), (b) prosecute the work diligently, and (c) complete the entire construc-tion work ready for use not later than 15 calendar days after the issuance date of the NTP. The time stated includes the time for finalcleanup of the premises, completion of punch-list items and all other items specified in the contract.

4.1 Site Survey - All offerors are required to examine the location conditions before submitting an offer.

4.3 Government Point of Contact - Contact details of the the Government Point of Contact (POC) for coordinating these serviceswill be provided at time of award.

5.0 STATEMENT OF WORK (SOW)

I. GENERAL INFORMATION

This Statement of Work is intended to identify basic requirements for the installation of a ducted AC system as replacement for an endof life cycle HVAC system in the Field House Multi-Purpose Building at the U.S. Consulate in Frankfurt, Germany and to provide ap-


Line ItemSummary

Solicitation Number:

SGE50017Q0017

Contract Number: Title: FRA - FAC HVAC Replacementfield house

Date of Solicitation:

03/16/2017

Line ItemNo. Description Quantity Unit Unit Price Total Cost

plicable criteria, which the Contractor must use, for the preparation of work.

II. PROJECT REQUIREMENTS

A. Description of Project:

The United States Government (USG) Department of State (DOS), Consulate Frankfurt requires the installation of an inverter type ACsystem with a ducted fan coil to replace an end of life cycle existing HVAC system in the Field House multipurpose building. The re-placement unit shall provide conditioned air to the space via a ducted fan coil unit and ceiling mounted duct. Controls for the regula-tion of cooling and heating in respect to room temperature set points shall be controlled by a room thermostat / remote control.

B. General Requirements:

1. The work requires construction services as described herein.2. The Contractor shall be responsible for the engineering of the replacement HVAC system and such planning shall

be included in the bidding price.3. The Contractor shall maintain a system of quality assurance and quality control to ensure that the documentation

of the design meets the requirements of this contract.4. The Contractor shall provide labor, tools, materials and equipment required to carry out the work outlined in this

Statement of Work.5. The Government shall provide the contractor with existing floorplans and mechanical drawings where available.6. The Contractor shall maintain safe work practices and construction safety governing work with ladders and scaffold-

ing, electrical lock out / tag out and proper handling of refrigerant gases.7. The Contractor shall keep the work area clean as the recreational room is in use for the duration of the project. The

covering of all areas to protect the space and furniture is required.

C. Specific Requirements:

Planning and Installation1.1 Preparation

The contractor shall:

• Identify cooling requirements for space in question i.e. volume of room and requirement to cool the space for FCUand duct sizing.

• Identify path and location of ductwork and refrigerant lines and a mounting strategy with hardware and trim/finish con-sideration.

• Identify location of external condenser/compressor unit

• Identify location of internal FCU unit in relation to duct path and existing structure and a mounting strategy for theFCU. Sound level should be taken into consideration for the internal FCU.

• Identify power requirements and determine if present electrical infrastructure is adequate for these requirements.

• Develop final plan and layout of system. Final plan will be reviewed and approved by Contract Officer Representative.

1.2 Removal


• Remove old controls and components and infrastructure.

• Insure proper disposal of removed equipment and electrical safety.

• Remove existing air handler and ductwork

• Remove hot water plumbing connected to AHU and proper termination (capping) of still active hot water lines.

1.3 Installation work



• Adhere to all regulations governing the installation of HVAC equipment and controls.

• Install new external compressor / condenser unit.

• Insure proper mounting and stability of installation.

• Install new internal ducted fan coil unit. Unit shall be mounted in a manner allowing room for future maintenance.Consideration

• shall be taken for the shrouding of unaesthetic fan coil and ductwork elements of the system for a visually acceptableoverall picture.

• Insure that fan coil noise level be kept to a minimum.

• Install all refrigerant lines, condensation lines and cables.

• Utilize channel and trim to hide unsightly cables and plumbing.

• Ensure Building penetrations are properly sealed and finished.

• Ensure installation is sound, safe and in accordance with local regulations and codes and professional in appear-ance.

• Ensure that all ductwork is properly insulated to prevent condensation buildup on duct surfaces.

• Connect all cables.

• Charge refrigerant to required system pressure.

• Test functionality of system to include modal functions, proper draining of condensate and operation of remote con-trol.

1.4 Controls and Software


• Install adjustable room thermostat/remote control to regulate and reflect temperature and modes of operation.

D. Construction Documents:1.1 The Contractor shall produce project plans and technical drawings as required.

1.2 All floorplans or mechanical drawings supplied to or created by the contractor are property of the US Government and shall be re-turned to the Contract Officer Representative (COR) upon completion of the Project.

1.3 Operations and Maintenance manuals shall be provided explaining controls and/or software program adjustments.

E. Special Requirements:

1. The Contractor shall obtain local information, translating documents, etc. The Contractor shall construct with materials, finishes,equipment and systems that provide operational dependability and are easy to maintain or replace with those most readily availablesupplies and services. Emphasis must be placed on the uniformity of parts and components to maximize interchangeability.

2. The Contractor shall provide Quality Assurance certificates or equivalent documents for all materials and equipments to be used.

3. The Contractor shall provide Technicians that have a complete and necessary background check paperwork.

4. The Contractor shall provide specific operations and maintenance data and information on equipment installed.

5. The contractor shall provide in service testing and operation and maintenance training to facilities personnel.

III. CODE COMPLIANCEA. The Contractor's designs/work shall comply with the German Standards according to the different Codes which are given forinstallation and operation of air handling units, construction safety practices and environmental issues. Inconsistencies shall bebrought to the COR's attention in writing. The COR will resolve any inconsistencies.

B. Project Schedule:


The Contractor shall develop a construction schedule to minimize the effect of operations at the Siedlung Field House. Such scheduleshall be coordinated with and approved by the COR.

IV. INSPECTION

A. The Contractor shall maintain a system of quality assurance and quality control to ensure that the documentation of the designmeets the requirements of this contract. The Government reserves the right, as provided herein, to inspect the Contractor's work aswell as the contractor’s system of QA/QC.

B. The Contractor's key individual responsible for quality of design is _________________________. The Contractor's key indi-vidual responsible for quality of documentation is ____________________________.

V. WARRANTY

The contractor shall provide the applicable 2-year manufacturer's warrantyat no extra cost to the government.

6.0 PERMITS

Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the workunder this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable Moldovanlaws.

7.0 ABBREVIATIONS / DEFINITIONS

CO - Contracting OfficerCOR - Contracting Officer’s RepresentativeGovernment - U.S. Government

8.0 PAYMENT

Please ensure that the referenced “Order Number”, in block #3, is stated on all invoices and correspondence relating to the order.

Invoice Payment: Payment will be made via Electronic Fund Transfer (EFT) in accordance with Federal AcquisitionRegulation FAR32.9 “Prompt Payment”. The original invoice must be issued to the address as provided in block # 21 on the firstpage of the order.Invoices issued by German contractors must be mailed to the address as provided in block # 21.Invoices issued by all other contractors may be either mailed to the address in block # 21, or emailed as a pdf document to:[email protected]

To avoid possible delay in payment, please ensure the invoice:a) is correctly addressed;b) references the correct order number (see block # 3 of the order);c) provides complete bank details.

NOTE TO THE POC/RECEIVING OFFICER:To permit prompt payment to the contractor and to avoid unnecessary correspondence and inquiries, please advise RPSO immediatelyupon receipt of the service(s): [email protected]

OTHER INFORMATION:Follow-up requests should be emailed to RPSO at: [email protected]

9.0 OTHER REQUIREMENTS

Offeror must be registered in the System for Award Management (SAM) database before an award can be made to them. If the offeroris not registered in the SAM, it may do so through the SAM website at https://www.sam.gov/portal/public/SAM/. All proposals andother correspondence must be in the English language. The Contractor must have an English speaking person on site at all times.Solicitation and award will be subject to the laws and regulations of the United States of America and is being competed utilizing fulland open competition procedures.

10.0 Personal Injury, Property Loss or Damage (liability)

The Contractor hereby assumes absolute responsibility and liability for any and all personal injuries or death and/or property damage


or losses suffered due to negligence of the Contractor's personnel in the performance of the services required under this purchase or-der. The Contractor's assumption of absolute liability is independent of any insurance policies.

11.0 Insurance

The Contractor, at own expense, shall provide and maintain during the entire period of performance of work detailed in the contract,whatever insurance is legally necessary under the laws and statutes of the applicable country. For those Contractor employees as-signed to this contract who are either United States Citizens or hired in the United States or its possessions, the Contractor shallprovide workers' compensation insurance. The Contractor agrees that the Government shall not be responsible for personal injuries orfor damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from an incid-ent to the Contractor's performance of the work detailed in the contract. The Contractor shall hold harmless and indemnify the Gov-ernment from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

12. Reserved

13. CLEARANCES

After award of the contract, the Contractor has ten (5) calendar days to submit to the COR a list of personnel assigned to this project

who will require access to the installation for providing services to the Government. The following information is necessary to processclearance of personnel:

A completed “Authority for Release of Information” (See attachment),

A completed “Contractor Application” in either English or German (See attachments),

A legible photo copy of their valid picture ID, (Ausweis front and back) or Passport of all pages bearing personal information.

Failure to provide any of the above information may be considered grounds for rejection and/or resubmittal of the application. Oncethe Government has completed the security screening and approved the applicants, they will be given access to the site. Access to thesite may be revoked at any time due to falsification of data or misconduct on site.

Only those applicants who have been approved by the Government may complete work for this contract. The contractor may submitnewly hired employees information for review on an as needed basis. New employees may not begin work related to this contract untilthey have been approved in writing by the Government.

Additionally, the Contractor shall inform the Government immediately of all employees dismissed by the Contractor.

14. CONDUCT

Contractor employees shall not smoke in Government Buildings, Apartments or Vehicles; shall not be under the influence of drugs oralcohol; or engage in prolonged discussion or argument regarding the job. The Govern- ment reserves the right to reject persons whodo not meet these requirements. In cases where the Contractor is required to remove personnel as a result of misconduct of he con-tractor or its employee (such as, but not limited to criminal activity, security violation) the Contractor will be required to assume fullresponsibility and bear all expenses and costs associated with the prompt removal of any offending employee and all costs associatedwith providing a suitable replacement. The Government denies all costs associated with such actions.

15. SECURITY

All Contractor personnel, including those of subcontractors, must be approved by the Government and must abide by the AmericanEmbassy security regulations. The Government reserves the right to deny access and reject persons who do not meet security re-quirements.

SECTION II - CONTRACT CLAUSES


52.252-2 -- Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clausesby reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Of-ficer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):All referenced FAR and DOSAR clauses and provisions may be accessed electronically at https://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm

Clause Title

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.236-2 Differing Site Conditions (Apr 1984)

52.236-5 Material and Workmanship (Apr 1984)

52.236-14 Availability and Use of Utility Services (Apr 1984)

52.242-14 Suspension of Work (Apr 1984)

52.244-6 Subcontracts for Commercial Items (June 2016)

52.247-17 Charges (Apr 1984)

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

652.236-70 ACCIDENT PREVENTION (APR 2004)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items) (June 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are in-corporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(ii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(iii) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(iv) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes admin-istered by the Office of Foreign Assets Control of the Department of the Treasury).

(v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(vi) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78 (19 U.S.C.3805 note)).


(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jul 2013).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (June 2016).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circum-stances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126) (Applies tocontracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Vir-gin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to con-tracts over $15,000, unless the work is to be performed outside the United States by employees recruited outsidethe United States.) (For purposes of this clause, "United States" includes the 50 States, the District of Columbia,Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of$150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service con-tracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in theUnited States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, theU.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).


(viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627)(Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with re-gard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract per-formance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and theDistrict of Columbia)).

(x) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to ser-vices performed on Federal facilities).

(xi) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)).

(xii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners(June 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment andair conditioners).

(xiii) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless ex-empt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR®Program or Federal Energy Management Program (FEMP)) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or main-tenance).

(xiv) 52.223-20, Aerosols (June 2016) (E.O. 13693) (Applies to contracts for products that may contain highglobal warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or re-pair of electronic or mechanical devices).

(xv) 52.223-21, Foams (June 2016) (E.O. 13693) (Applies to contracts for products that may contain high glob-al warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blow-ing agent; or contracts for construction of buildings or facilities.

(xvi) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies,and to contracts for services involving the furnishing of supplies, for use in the United States or its outlyingareas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchasethreshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

Page 10 of 36SGE50017Q0017

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792)(Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in theUnited States).

(xviii) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (Applieswhen the payment will be made by electronic funds transfer (EFT) and the payment office uses the System forAward Management (SAM) database as its source of EFT information).

(xix) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013)(Applies when the payment will be made by EFT and the payment office does not use the SAM database as itssource of EFT information).

(xx) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June 2016) (Applies to con-tracts when the contractor or a subcontractor at any tier may have Federal contract information residing in ortransiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or moreclauses by reference, with the same force and effect as if they were given in full text. Upon request, the Con-tracting Officer will make their full text available. Also, the full text of a clause may be accessed electronicallyat this/these address(es):

http://farsite.hill.af.mil

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the re-quirements of this contract. The Government reserves the right to inspect or test any supplies or services thathave been tendered for acceptance. The Government may require repair or replacement of nonconforming sup-plies or reperformance of nonconforming services at no increase in contract price. The Government must exer-cise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect inthe item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occur-

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rence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God orthe public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidem-ics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractorshall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement ofany excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrencewith all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessationof such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract,or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediatelystop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to ceasework. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price re-flecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that theContractor can demonstrate to the satisfaction of the Government, using its standard record keeping system,have resulted from the termination. The Contractor shall not be required to comply with the cost accountingstandards or contract cost principles for this purpose. This paragraph does not give the Government any right toaudit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred thatreasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in theevent of any default by the Contractor, or if the Contractor fails to comply with any contract terms and condi-tions, or fails to provide the Government, upon request, with adequate assurances of future performance. In theevent of termination for cause, the Government shall not be liable to the Contractor for any amount for suppliesor services not accepted, and the Contractor shall be liable to the Government for any and all rights and remed-ies provided by law. If it is determined that the Government improperly terminated this contract for default,such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fitfor use for the particular purpose described in this contract.

52.236-12 Cleaning Up (Apr 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of wastematerials. Before completing the work, the Contractor shall remove from the work and premises any rubbish,tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing thework, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Con-tracting Officer.

(End of clause)

52.246-21 Warranty of Construction (Mar 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph(i) of this clause, that work performed under this contract conforms to the contract requirements and is free ofany defect in equipment, material, or design furnished, or workmanship performed by the Contractor or anysubcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Gov-ernment takes possession of any part of the work before final acceptance, this warranty shall continue for a peri-

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od of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition,the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real orpersonal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. TheContractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or re-placement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discoveryof any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of no-tice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage atthe Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for workperformed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Con-tracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government maybring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, theContractor shall not be liable for the repair of any defects of material or design furnished by the Governmentnor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this con-tract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

SECTION III - PROVISIONS

The following referenced FAR and DOSAR provisions may be accessed electronically athttps://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm

Clause Title

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Clause Title

52.214-34 Submission of Offers in the English Language (Apr 1991)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran--Representation and Certifications (Oct 2015)

52.237-1 Site Visit (Apr 1984)

52.204-7 System for Award Management (Jul 2013)

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

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) toidentify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix thatmay be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assignedat the discretion of the business concern to establish additional System for Award Management records for identifying alternativeElectronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the System for Award Management (SAM) database" means that --

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Gov-ernment Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Sub-part 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the re-gistration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) withthe Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part ofthe SAM registration process; and

(4) The Government has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAMdatabase prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement,or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. TheDUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an of-feror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

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(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the ContractingOfficer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not re-gistered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb2016)

(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 withany corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhaustedor have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting thetax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarmentof 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 isaware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination thatthis 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 adminis-trative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with theauthority 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 24months.

(End of provision)

52.212-1 Instructions to Offerors--Commercial Items (Oct 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS

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code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF1449). However, the small business size standard for a concern which submits an offer in its own name, butwhich proposes to furnish an item which it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and condi-tions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be eval-uated separately.

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

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

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

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

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

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

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

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

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

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

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

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

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(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation maybe obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications SectionSuite 8100470 East L'Enfant Plaza, SWWashington, DC 20407

Telephone (202) 619-8925Facsimile (202) 619-8978.

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

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

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

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

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

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

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

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

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

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of$3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management(SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer,the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror'sname and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the dis-cretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer(EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, itshould contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dunand Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror loc-

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ated outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offerorshould indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet of-fice.

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

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications--Commercial Items (Jul 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual repres-entations and certification electronically via the System for Award Management (SAM) website accessedthrough http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifica-tions electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business con-cern that is at least 51 percent directly and unconditionally owned by, and the management and daily businessoperations of which are controlled by, one or more women who are citizens of the United States and who areeconomically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-ownedsmall business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service--

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(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance andfor 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 accom-plished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns orcontrols one or more entities that control an immediate owner of the offeror. No entity owns or exercises controlof the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators ofcontrol 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 employ-ees.

"Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted do-mestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwisemade or processed from raw materials into the finished product that is to be provided to the Government. If aproduct 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 aredefined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business opera-tions do not include business operations that the person (as that term is defined in Section 2 of the Sudan Ac-

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countability 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 Depart-ment of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted undersuch 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 humanitarianorganization;

(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 spe-cifically--

(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 theauthority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic PowersAct (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 anypublicly owned business, not less than 51 percent of the stock of which is owned by one or more service-dis-abled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled vet-erans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanentcaregiver 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 smallbusiness 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 un-der the size standard applicable to the acquisition, that--

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(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 (asdefined 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 intoaccount 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) byindividuals, 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 affairsof the predecessor under a new name (often through acquisition or merger). The term "successor" does not in-clude new offices/divisions of the same company or a company that only changes its name. The extent of the re-sponsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specificcircumstances.

"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, inthe case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or moreveterans; 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 its stock is owned by one or more women;and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, atleast 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally ownedby, and the management and daily business operations of which are controlled by, one or more women who arecitizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) ofthis provision do not automatically change the representations and certifications posted on the SAM website.

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(2) The offeror has completed the annual representations and certifications electronically via the SAM websiteaccessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror veri-fies by submission of this offer that the representations and certifications currently posted electronically at FAR52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in thelast 12 months, are current, accurate, complete, and applicable to this solicitation (including the business sizestandard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incor-porated in this offer by reference (see FAR 4.1201), except for paragraphs _______________.

[Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completedfor 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, ac-curate, 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 tothe representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in theUnited 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 con-cern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small businessconcern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it __is, __is not aveteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as aveteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part ofits 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 businessconcern in paragraph (c)(1) of this provision.] The offeror represents, that it __ is, __ is not a small disadvant-aged 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 businessconcern in paragraph (c)(1) of this provision.] The offeror represents that it __ is, __ is not a women-ownedsmall business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a wo-men-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 docu-ments to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that af-fects its eligibility; and

(ii) It __ is, __ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representa-tion in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Pro-gram participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eli-gible 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

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shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the of-feror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] Theofferor 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 representa-tion in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint ven-ture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that areparticipating in the joint venture: _______________.] Each EDWOSB concern participating in the joint ventureshall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquis-ition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a wo-men-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of thisprovision.] 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 mayidentify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by of-feror or first-tier subcontractors) amount to more than 50 percent of the contractprice:___________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business con-cern 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 ofQualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no mater-ial changes in ownership and control, principal office, or HUBZone employee percentage have occurred since itwas 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 therepresentation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concernparticipating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone smallbusiness concerns participating in the HUBZone joint venture: _______________.] Each HUBZone small busi-ness concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZonerepresentation.

(d) Representations required to implement provisions of Executive Order 11246--

(1) Previous contracts and compliance. The offeror represents that--

(i) It __ has, __ has not participated in a previous contract or subcontract subject to the Equal Opportunityclause of this solicitation; and

(ii) It __ has, __ has not filed all required compliance reports.

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(2) Affirmative Action Compliance. The offeror represents that--

(i) It __ has developed and has on file, __ has not developed and does not have on file, at each establishment,affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and60-2), or

(ii) It __ has not previously had contracts subject to the written affirmative action programs requirement of therules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if thecontract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its know-ledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencingor attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employeeof Congress or an employee of a Member of Congress on his or her behalf in connection with the award of anyresultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contacton behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMBStandard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror neednot report regularly employed officers or employees of the offeror to whom payments of reasonable compensa-tion 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 do-mestic end product and that for other than COTS items, the offeror has considered components of unknown ori-gin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreignend 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 defini-tion 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 ofthis 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 FAR52.225-3, 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 pro-vision, is a domestic end product and that for other than COTS items, the offeror has considered components ofunknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahraini-an, 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 Agreementcountry," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined

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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 thanBahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in theclause 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 Per-uvian End Products) or Israeli End Products:


[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph(g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free TradeAgreements--Israeli Trade Act." The offeror shall list as other foreign end products those end products manu-factured in the United States that do not qualify as domestic end products, i.e., an end product that is not aCOTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."

Other Foreign End Products:


[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. If Alternate I to theclause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for para-graph (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 ofthis solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":

Canadian End Products:

Line Item No.___________________________________________________________________________

[List as necessary]

(3) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. If Alternate II to theclause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for para-graph (g)(1)(ii) of the basic provision:

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(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products asdefined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":

Canadian or Israeli End Products:


[List as necessary]

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to theclause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (otherthan Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products asdefined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian,or Peruvian End Products) or Israeli End Products:


[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is includedin this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is aU.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agree-ments."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated countryend products.

Other End Products:


[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. Forline items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated countryend products without regard to the restrictions of the Buy American statute. The Government will consider foraward only offers of U.S.-made or designated country end products unless the Contracting Officer determines

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that there are no offers for such products or that the offers for such products are insufficient to fulfill the re-quirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract valueis expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledgeand belief, that the offeror and/or any of its principals--

(1) __ Are, __ are not presently debarred, suspended, proposed for debarment, or declared ineligible for theaward 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 judg-ment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, at-tempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Fed-eral or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, for-gery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federalcriminal tax laws, or receiving stolen property;

(3) __ Are, __ are not presently indicted for, or otherwise criminally or civilly charged by a Government entitywith, 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 Feder-al taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability isnot finally determined if there is a pending administrative or judicial challenge. In the case of a judicial chal-lenge 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 thetax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced col-lection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayerto seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final taxliability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer hasexercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer hasbeen issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Ap-peals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lienfiling. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the tax-payer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a finaltax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer hasexercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is makingtimely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because thetaxpayer is not currently required to make full payment.

Page 28 of 36SGE50017Q0017

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collec-tion action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [TheContracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation thatare included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor,unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin_________________________ __________________________________________________ __________________________________________________ _________________________

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph(i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriateblock.]

__ (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, pro-duced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it hasmade a good faith effort to determine whether forced or indentured child labor was used to mine, produce, ormanufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certi-fies 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 manu-factured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufactureof 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 inthe United States exceeds the total anticipated price of offered end products manufactured outside the UnitedStates); 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 asto compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is tocheck 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 offer-or __ does __ does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmentalpurposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in sub-stantial quantities to the general public in the course of normal business operations;

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(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (seeFAR 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 thecontract will be the same as that used for these employees and equivalent employees servicing the same equip-ment 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 areprovided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substan-tial 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 marketprices (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 ofhis or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or lessthan 20 percent of available hours during the contract period if the contract period is less than a month) servi-cing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under thecontract is the same as that used for these employees and equivalent employees servicing commercial custom-ers.

(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 didnot attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify theContracting 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 certificationin 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 re-quired 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 tocomply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26U.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 theofferor's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the pay-ment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS re-cords 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 effect-ively connected with the conduct of a trade or business in the United States and does not have an office or placeof 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 offerordoes 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 con-tracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unlessthe exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(2) Representation. The Offeror represents that--

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(i) It __ is, __ is not an inverted domestic corporation; and

(ii) It __ is, __ is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at [email protected].

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in para-graph (o)(3) of this provision, by submission of its offer, the offeror--

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technologyto the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the dir-ection of, the government of Iran;

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activitiesfor which sanctions may be imposed under section 5 of the Iran Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage inany transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or af-filiates, the property and interests in property of which are blocked pursuant to the International EmergencyEconomic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Per-sons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(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 provi-sion); 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 inSAM or a requirement to have a DUNS Number in the solicitation.

(1) The Offeror represents that it __ has or __ does not have an immediate owner. If the Offeror has more thanone 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

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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 Fed-eral Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further ContinuingAppropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriationsacts, 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 remedieshave been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreementwith the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaidtax liability, unless an agency has considered suspension or debarment of the corporation and made a determin-ation 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, wherethe awarding agency is aware of the conviction, unless an agency has considered suspension or debarment ofthe corporation and made a determination that this action is not necessary to protect the interests of the Govern-ment.

(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 alljudicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timelymanner 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 withinthe preceding 24 months.

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial andGovernment Entity Code Reporting.)

(1) The Offeror represents that it __ is or __ is not a successor to a predecessor that held a Federal contract orgrant within the last three years.

(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for allpredecessors that held a Federal contract or grant within the last three years (if more than one predecessor, listin 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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Addendum to 52.212-1

Instructions for Proposal Submission:

The Government intends to award a Commercial Item contract to the vendor who submits the ‘lowest priced,technically acceptable’ offer resulting from this solicitation, and who is determined to be a responsible contract-or within the meaning of FAR Part 9, paragraph 9.104.

Question Submission:

Interested offerors must submit any questions concerning the solicitation no later than April 7, 2017, 15:00 German time to Mr. Dami-an Richard email, [email protected]. Questions not received within this time period will not be considered.

Site Visit:

Offerors are urged and expected to attend a pre-proposal Site Visit to be conducted on Tuesday March 28, 2017 at 10:00, at CarlSchutz Siedlung Field House located at Jakob-Leisler-Strasse 7A, Frankfurt Germany 60320. Offerors planning to attend the Site Visitmust submit by email the names of their company's representatives (maximum of two) to the attention of Mr. Timothy Castello [email protected] and Mr. Damian Richard at [email protected] at least 3 working days prior to the scheduled date. At-tendees will need to find parking outside of the housing complex.

(a) Proposal Submission

The complete quotation shall be submitted in two separate files:

File One:(1) Price Quote, see Article (i) below

File Two:(2) Technical Capability, see Article (ii) below

(b) Quote Due Date:

The complete quote, which shall contain the name of the company, name and contact details of the person au-thorized to submit the proposal, is to be submitted on or before April 14, 2017 by 15:00 hours local Germantime either:

as a pdf document emailed to Damian Richard at [email protected], and [email protected] . Theemail subject line must read “Quotation SGE500-17-Q-0017”.

The offeror’s quotation submission shall include the following for evaluation:

(i) Pricing

The offeror shall provide pricing for all line items in Attachement A, Price Schedule (total amount). Theprice will be evaluated by the lowest aggregate sum of the items included. If pricing is incomplete, the propos-al may not be considered for evaluation.

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(ii) Technical Capability

(a) The proposed services shall meet all of the technical specifications and work to be performed asdescribed in the Statement of Work, and terms contained herein.

(b) New equipment ONLY, NO grey market or refurbished products.

(c) Items must be in original packaging, never used, and not altered in any way.

(d) The proposal MUST be good for 60 calendar days from the date specified for receipt of offers.

(e) Offeror must be registered in the System for Award Management (SAM) database before an awardcan be made to them. If the offeror is not registered in the SAM, it may do so through the SAM website at ht-tps://www.sam.gov/portal/public/SAM/.

(f) All proposals and other correspondence must be in the English language.

(g) The solicitation and award will be subject to the laws and regulations of the United States of Amer-ica and is being competed using full and open competition procedures.

(End of Provision)

SECTION IV - EVALUATION FACTORS

.

52.212-2 Evaluation - Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offerconforming to the solicitation is the Lowest Price Technically Acceptable offer. The following factors shall beused to evaluate offers:

(i) Price(ii) Technical Capability________________________________________________________________________________

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

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

(End of provision)

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Addendum to 52.212-2 Evaluation—Commercial Items (OCT 2014).

The Government will award a Commercial Items contract resulting from this solicitation to the responsible offeror whose offer con-forming to the solicitation is lowest price technically acceptable. The following factors shall be used to evaluate offers:

(1) Price(2) Technical Capability

1. Price:

The pricing identified in the Attachment A, Pricing Schedule will determine the lowest-priced offer.

2. Technical Capabilities:

2.1 The Government will determine the offeror’s acceptability by assessing the offeror’s

a) ability to meet the terms of the Statement of Work;

b) ability to meet the delivery and period of performance requirements;

c) submission of a list of proposed equipment with technical specifications and literature;

2.2 The offeror has completed and submitted Section V, FAR 52.212-3 Offeror Representations and Certifications -- Commercial

Items (JAN 2017), with an active SAM registration the offeror has completed paragraph (b).

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currencyto United States currency using the official ROE in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures--

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

(End of provision)

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