FAR Report
NOBLE SUPPLY & LOGISTICS, LLC
Unique Entity ID
YLE5AAYNVPK6
Certification Validity From:
Wed Jan 31 14:04:20 EST 2024
Purpose of Registration
All Awards
CAGE/NCAGE
1HEN9
Certification Validity To:
Thu Jan 30 14:04:21 EST 2025
CERTIFICATION
I have read each of the FAR and DFARS provisions presented on this page. By submitting this certification, I, James
Campbell, am attesting to the accuracy of the representations and certifications contained herein, including the entire
NAICS table. I understand that I may be subject to criminal prosecution under Section 1001, Title 18 of the United States
Code or civil liability under the False Claims Act if I misrepresent NOBLE SUPPLY & LOGISTICS, LLC in any of these
representations or certifications to the Government.
By maintaining an active entity registration in SAM, the entity complied with requirements to report proceedings data in
accordance with:
FAR 52.209-7 Information Regarding Responsibility Matters and with requirements to report executive
compensation data in accordance with
•
FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.•
READ ONLY PROVISIONS
Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions
(a) Definitions. As used in this provision-"Lobbying contact" has the
meaning provided at 2 U.S.C. 1602(8). The terms "agency,"
"influencing or attempting to influence," "officer or employee of an
agency," "person," "reasonable compensation," and "regularly
employed" are defined in the FAR clause of this solicitation entitled
"Limitation on Payments to Influence Certain Federal
Transactions"(52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR
clause of this solicitation entitled "Limitation on Payments to
Influence Certain Federal Transactions" (52.203-12) are hereby
FAR 52.203-11
Sep 2007
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incorporated by reference in this provision.
(c) Certification. The offeror, by signing its offer, hereby certifies to the
best of its knowledge and belief thatno Federal appropriated funds
have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress on its behalf in connection with
the awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of
1995 have made a lobbying contact on behalf of the offeror with
respect to this contract, the offeror shall complete and submit, with
its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to
provide the name of the registrants. The offeror need not report
regularly employed officers or employees of the offeror to whom
payments of reasonable compensation were made.
(e) Penalty. Submission of this certification and disclosure is a
prerequisite for making or entering into this contract imposed by 31
U.S.C. 1352. Any person who makes an expenditure prohibited under
this provision or who fails to file or amend the disclosure required to
be filed or amended by this provision, shall be subject to a civil
penalty of not less than $10,000, and not more than $100,000, for
each such failure.
(End of Provision)
Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements or Statements-
Representation
As prescribed in 3.909–3(a), insert the following provision: Prohibition on
Contracting With Entities That Require Certain Internal Confidentiality
Agreements or Statements-Representation (JAN 2017)
(a) Definition. Internal confidentiality agreement or statement,
subcontract, and subcontractor, as used in this provision, are defined
in the clause at 52.203-19, Prohibition on Requiring Certain Internal
Confidentiality Agreements or Statements.
(b) In accordance with section 743 of Division E, Title VII, of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions), Government
agencies are not permitted to use funds appropriated (or otherwise
made available) for contracts with an entity that requires employees
or subcontractors of such entity seeking to report waste, fraud, or
abuse to sign internal confidentiality agreements or statements
FAR 52.203-18
JAN 2017
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prohibiting or otherwise restricting such employees or
subcontractors from lawfully reporting such waste, fraud, or abuse to
a designated investigative or law enforcement representative of a
Federal department or agency authorized to receive such
information.
(c) The prohibition in paragraph (b) of this provision does not
contravene requirements applicable to Standard Form 312,
(Classified Information Nondisclosure Agreement), Form 4414
(Sensitive Compartmented Information Nondisclosure Agreement), or
any other form issued by a Federal department or agency governing
the nondisclosure of classified information.
(d) Representation. By submission of its offer, the Offeror represents
that it will not require its employees or subcontractors to sign or
comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or
subcontractors from lawfully reporting waste, fraud, or abuse related
to the performance of a Government contract to a designated
investigative or law enforcement representative of a Federal
department or agency authorized to receive such information (e.g.,
agency Office of the Inspector General).
(End of Provision)
FAR 52.222-38
Feb 2016
Compliance with Veterans' Employment Reporting Requirements
As prescribed in 22.1310 (c), insert the following provision:
COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING
REQUIREMENTS (Feb 2016)
By submission of its offer, the offeror represents that, if it is subject to
the reporting requirements of 38 U.S.C. 4212(d) ( i.e., if it has any
contract containing Federal Acquisition Regulation clause 52.222-37,
Employment Reports on Veterans), it has filed the most recent VETS-
4212 Report required by that clause.
(End of Provision)
Certification Regarding Trafficking in Persons Compliance Plan
As prescribed in 22.1705(b), insert the following provision:
CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN
(Oct 2020)
(a) The term "commercially available off-the-shelf (COTS) item," is
defined in the clause of this solicitation entitled "Combating
FAR 52.222-56
Oct 2020
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Trafficking in Persons" (FAR clause 52.222-50).
(b) The apparent successful Offeror shall submit, prior to award, a
certification, as specified in paragraph (c) of this provision, for the
portion (if any) of the contract that-
(1) Is for supplies, other than commercially available off-the-
shelf items, to be acquired outside the United States, or
services to be performed outside the United States; and
(2) Has an estimated value that exceeds $550,000.
(c) The certification shall state that-
(1) It has implemented a compliance plan to prevent any
prohibited activities identified in paragraph (b) of the clause at
52.222-50, Combating Trafficking in Persons, and to monitor,
detect, and terminate the contract with a subcontractor
engaging in prohibited activities identified at paragraph (b) of
the clause at 52.222-50, Combating Trafficking in Persons; and
(2) After having conducted due diligence, either-
(i) To the best of the Offeror's knowledge and belief,
neither it nor any of its proposed agents,
subcontractors, or their agents is engaged in any such
activities; or
(ii) If abuses relating to any of the prohibited activities
identified in 52.222-50(b) have been found, the Offeror
or proposed subcontractor has taken the appropriate
remedial and referral actions.
(End of Provision)
FAR 52.223-1
May 2012
Biobased Product Certification
(a) As required by the Farm Security and Rural Investment Act of 2002 and
the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by
signing this offer, that biobased products (within categories of products
listed by theUnited States Department of Agriculture in 7 CFR part 3201,
subpart B) to be used or delivered in the performance of the contract, other
than biobased products that are not purchased by the offeror as a direct
result of this contract, will comply with the applicable specifications or other
contractual requirements.
(End of Provision)
Prohibition on Conducting Restricted Business Operations in FAR 52.225-20
Aug 2009
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Sudan-Certification
(a) Definitions. As used in this provision-
"Business operations" means engaging in commerce in any
form, including by acquiring, developing, maintaining, owning,
selling, possessing, leasing, or operating equipment, facilities,
personnel, products, services, personal property, real
property, or any other apparatus of business or commerce.
"Marginalized populations of Sudan" means-
(1) Adversely affected groups in regions authorized to
receive assistance under section 8(c) of the Darfur Peace
and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701
note); and
(2) Marginalized areas in Northern Sudan described in
section 4(9) of such Act.
"Restricted business operations" means business operations in
Sudan that include power production activities, mineral
extraction activities, oil-related activities, or the production of
military equipment, as those terms are defined in the Sudan
Accountability and Divestment Act of 2007(Pub. L. 110-174).
Restricted business operations do not include business
operations that the person (as that term is defined in Section 2
of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate-
(1) Are conducted under contract directly and
exclusively with the regional government of southern
Sudan;
(2) Are conducted pursuant to specific authorization
from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted
under Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services to
marginalized populations of Sudan;
(4) Consist of providing goods or services to an
internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used
only to promote health or education; or
(6) Have been voluntarily suspended
(b) Certification. By submission of its offer, the offeror certifies that
the offeror does not conduct any restricted business operations in
Sudan.
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(End of Provision)
Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran - Representation and
Certifications
(a) Definitions. As used in this provision-
"Person"
(1) Means-
(i) A natural person;
(ii) A corporation, business association,
partnership, society, trust, financial institution,
insurer, underwriter, guarantor, and any other
business organization, any other
nongovernmental entity, organization, or group,
and any governmental entity operating as a
business enterprise; and
(iii) Any successor to any entity described in
paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental
entity that is not operating as a business enterprise.
"Sensitive technology"-
(1) Means hardware, software, telecommunications
equipment, or any other technology that is to be used
specifically-
(i) To restrict the free flow of unbiased
information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict
speech of the people of Iran; and
(2) Does not include information or informational
materials the export of which the President does not
have the authority to regulate or prohibit pursuant to
section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
(b) The offeror shall e-mail questions concerning sensitive technology
to the Department of State at [email protected].
(c) Except as provided in paragraph (d) of this provision or if a waiver
has been granted in accordance with 25.703-4, by submission of its
offer, the offeror-
(1) Represents, to the best of its knowledge and belief, that the
offeror does not export any sensitive technology to the
FAR 52.225-25
Jun 2020
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government of Iran or any entities or individuals owned or
controlled by, or acting on behalf or at the direction of, the
government of Iran;
(2) Certifies that the offeror, or any person owned or controlled
by the offeror, does not engage in any activities for which
sanctions may be imposed under section 5 of the Iran
Sanctions Act. These sanctioned activities are in the areas of
development of the petroleum resources of Iran, production of
refined petroleum products in Iran, sale and provision of
refined petroleum products to Iran, and contributing to Iran's
ability to acquire or develop certain weapons or technologies;
and
(3) Certifies that the offeror, and any person owned or
controlled by the offeror, does not knowingly engage in any
transaction that exceeds the threshold at FAR 25.703-2(a)(2)
with Iran's Revolutionary Guard Corps or any of its officials,
agents, or affiliates, the property and interests in property of
which are blocked pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's
Specially Designated Nationals and Blocked Persons List at
https://www.treasury.gov/resource-center/sanctions/SDN-
List/Pages/default.aspx).
(d) Exception for trade agreements. The representation requirement
of paragraph (c)(1) and the certification requirements of paragraphs
(c)(2) and (c)(3) of this provision do not apply if-
(1) This solicitation includes a trade agreements notice or
certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or
comparable agency provision); and
(2) The offeror has certified that all the offered products to be
supplied are designated country end products or designated
country construction material.
(End of Provision)
Royalty Information (Alternate I)
(a) Cost or charges for royalties. When the response to this solicitation
contains costs or charges for royalties totaling more than $250, the
following information shall be included in the response relating to
each separate item of royalty or license fee:
(1) Name and address of licensor.
(2) Date of license agreement.
(3) Patent numbers, patent application serial numbers, or
FAR 52.227-6
Apr 1984
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other basis on which the royalty is payable.
(4) Brief description, including any part or model numbers of
each contract item or component on which the royalty is
payable.
(5) Percentage or dollar rate of royalty per unit.
(6) Unit price of contract item.
(7) Number of units.
(8) Total dollar amount of royalties.
(b) Copies of current licenses. In addition, if specifically requested by
the Contracting Officer before execution of the contract, the offeror
shall furnish a copy of the current license agreement and an
identification of applicable claims of specific patents.
ALTERNATE I (APR 1984)
Substitute the following for the introductory portion of paragraph (a) of the basic clause: When the
response to this solicitation covers charges for special construction or special assembly that
contain costs or charges for royalties totaling more than $250, the following information shall be
included in the response relating to each separate item of royalty or license fee:
(End of Provision)
PROVISIONS POPULATED BASED ON REGISTRATION DATA
Certificate of Independent Price Determination
(a) The offeror certifies that-
(1) The prices in this offer have been arrived at independently,
without, for the purpose of restricting competition, any
consultation, communication, or agreement with any other
offeror or competitor relating to-
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices
offered.
(2) The prices in this offer have not been and will not be
knowingly disclosed by the offeror, directly or indirectly, to any
other offeror or competitor before bid opening (in the case of a
sealed bid solicitation) or contract award (in the case of a
negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to
FAR 52.203-2
Apr 1985
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induce any other concern to submit or not to submit an offer
for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by
the signatory that the signatory-
(1) Is the person in the offeror's organization responsible for
determining the prices being offered in this bid or proposal,
and that the signatory has not participated and will not
participate in any action contrary to paragraphs (a)(1) through
(a)(3) of this provision; or
(2)
(i) Has been authorized, in writing, to act as agent for
the following principals in certifying that those
principals have not participated, and will not
participate in any action contrary to paragraphs (a)(1)
through (a)(3) of this provision Tom Noble III, CEO;
Nick Liolios, VP of MRO; Sarah Rampmeyer,, VP
Category Mngt; Jay Reckard, Pres. Tech. Solutions &
Training;
(ii) As an authorized agent, does certify that the
principals named in subdivision (b)(2)(i) of this
provision have not participated, and will not
participate, in any action contrary to paragraphs (a)(1)
through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and
will not participate, in any action contrary to
paragraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies paragraph (a)(2) of this provision,
the offeror must furnish with its offer a signed statement setting forth
in detail the circumstances of the disclosure.
(End of Provision)
Taxpayer Identification
(a) Definitions
"Common parent," as used in this provision, means that
corporate entity that owns or controls an affiliated group of
corporations that files its Federal income tax returns on a
consolidated basis, and of which the offeror is a member.
"Taxpayer Identification Number (TIN)," as used in this
provision, means the number required by the Internal Revenue
Service (IRS) to be used by the offeror in reporting income tax
and other returns. The TIN may be either a SocialSecurity
FAR 52.204-3
Oct 1998
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Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs
(d) through (f) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing
regulations issued by the IRS. If the resulting contract is subject to the
payment reporting requirements described in Federal Acquisition
Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish
the information may result in a 31 percent reduction of payments
otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on
any delinquent amounts arising out of the offeror's relationship with
the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR
4.904, the TIN provided hereunder may be matched with IRS records
to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
* TIN on file.
* TIN has been applied for.
* TIN is not required because:
* Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have
an office or place of business or a fiscal paying agent in the United
States;
* Offeror is an agency or instrumentality of a foreign government;
* Offeror is an agency or instrumentality of the Federal
Government.
(e) 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 (blank)
(f) Common parent.
* Offeror is not owned or controlled by a common parent as
defined in paragraph (a) of this provision.Name and TIN of common
parent:Name: (blank)
TIN: (blank)
(End of Provision)
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FAR 52.204-5
Oct 2014
Women-Owned Business (Other Than Small Business)
(a) Definition. "Women-owned business concern," as used in this
provision, means a concern that is at least 51 percent owned by one
or more women; or in the case of any publicly owned business, at
least 51 percent of its stock is owned by one or more women; and
whose management and daily business operations are controlled by
one or more women.
(b) Representation. [Complete only if the offeror is a women-owned
business concern and has not represented itself as a small business
concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program
Representations, of this solicitation.] The offeror represents that it
is a women-owned business concern.
(End of Provision)
Ownership or Control of Offeror
(a) Definition. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United
States or its outlying areas by the Defense Logistics Agency
(DLA) Commercial and Government Entity (CAGE) Branch to
identify a commercial or government entity by unique
location; or
(2) An identifier assigned by a member of the North Atlantic
Treaty Organization (NATO) or by the NATO Support and
Procurement Agency (NSPA) to entities located outside the
United States and its outlying areas that the DLA Commercial
and Government Entity (CAGE) Branch records and maintains
in the CAGE master file. This type of code is known as a NATO
CAGE (NCAGE) code.
Highest-level owner means the entity that owns or controls an
immediate owner of the offeror, or that owns or controls one
or more entities that control an immediate owner of the
offeror. No entity owns or exercises control of the highest level
owner.
Immediate owner means an entity, other than the offeror, that
has direct control of the offeror. Indicators of control include,
but are not limited to, one or more of the following: ownership
or interlocking management, identity of interests among
family members, shared facilities and equipment, and the
common use of employees.
(b) The Offeror represents that it DOES NOT have an immediate
owner. If the Offeror has more than one immediate owner (such as a
joint venture), then the Offeror shall respond to paragraph (c) and if
FAR 52.204-17
Aug 2020
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applicable, paragraph (d) of this provision for each participant in the
joint venture.*
(c) If the Offeror indicates "has" in paragraph (b) of this provision,
enter the following information:
Immediate owner CAGE code: (blank)
Immediate owner legal name: (blank)
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity? Yes
No
(d) If the Offeror indicates "yes" in paragraph (c) of this provision,
indicating that the immediate owner is owned or controlled by
another entity, then enter the following information:
Highest-level owner CAGE code: (blank)
Highest-level owner legal name: (blank)
(Do not use a "doing business as" name)
(End of Provision)
Predecessor of Offeror
(a) Definitions. As used in this provision--
"Commercial and Government Entity (CAGE) code" means--
(1) An identifier assigned to entities located in the
United States or its outlying areas by the Defense
Logistics Agency (DLA) Commercial and Government
Entity (CAGE) Branch to identify a commercial or
government entity by unique location; or
(2) An identifier assigned by a member of the North
Atlantic Treaty Organization (NATO) or the NATO
Support and Procurement Agency (NSPA) to entities
located outside the United States and its outlying areas
that the DLA Commercial and Government Entity (CAGE)
Branch records and maintains in the CAGE master file.
This type of code is known as a NATO CAGE (NCAGE)
code.
"Predecessor" means an entity that is replaced by a successor
and includes any predecessors of the predecessor.
"Successor" means an entity that has replaced a predecessor
by acquiring the assets and carrying out the affairs of the
predecessor under a new name (often through acquisition or
merger). The term "successor" does not include new
offices/divisions of the same company or a company that only
changes its name. The extent of the responsibility of the
successor for the liabilities of the predecessor may vary,
FAR 52.204-20
Aug 2020
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depending on State law and specific circumstances.
(b) The Offeror represents that it IS NOT a successor to a
predecessor that held a Federal contract or grant within the last three
years.
(c) If the Offeror has indicated "is" in paragraph (b) of this provision,
enter the following information for all predecessors that held a
Federal contract or grant within the last three years(if more than one
predecessor, list in reverse chronological order):
Predecessor CAGE Code: (blank)
(or mark "Unknown").
Predecessor legal name: (blank)
(Do not use a "doing business as" name)
(End of Provision)
FAR 52.204-26
Oct 2020
Covered Telecommunications Equipment or Services -
Representation
(a) Definitions. As used in this provision, "covered
telecommunications equipment or services" and "reasonable
inquiry" have the meaning provided in the clause at 52.204-25,
Prohibition on Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in
the System for Award Management (SAM) (https://www.sam.gov) for
entities excluded from receiving federal awards for "covered
telecommunications equipment or services."
(c)
(1) Representation. The Offeror represents that it DOES NOT
provide covered telecommunications equipment or services as
a part of its offered products or services to the Government in
the performance of any contract, subcontract, or other
contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this
representation, the offeror represents that it , DOES NOT
use covered telecommunications equipment or services, or
any equipment, system, or service that uses covered
telecommunications equipment or services.
(End of Provision)
Prohibition on Contracting with Inverted Domestic Corporations-
Representation
FAR 52.209-2
Nov 2015
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(a) Definitions. "Inverted domestic corporation" and "subsidiary"
have the meaning given in the clause of this contract entitled
Prohibition on Contracting with Inverted Domestic Corporations
(52.209-10).
(b) Government agencies are not permitted to use appropriated (or
otherwise made available) funds for contracts with either an inverted
domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the
requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. the offeror represents that-
(1) It IS NOT an inverted domestic corporation; and
(2) It IS NOT a subsidiary of an inverted domestic
corporation.
(End of Provision)
Certification Regarding Responsibility Matters
(a)
(1) The Offeror certifies, to the best of its knowledge and belief,
that-
(i) The Offeror and/or any of its Principals-
(A) ARE NOT presently debarred, suspended,
proposed for debarment, or declared ineligible
for the award of contracts by any Federal agency;
(B) HAVE NOT, within a three-year period
preceding this offer, been convicted of or had a
civil judgment rendered against them for:
commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain,
or performing a public (Federal, State, or local)
contract or subcontract; violation of Federal or
State antitrust statutes relating to the
submission of offers; or commission of
embezzlement, theft, forgery, bribery,
falsification or destruction of records, making
false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property(if
offeror checks "have", the offeror shall also see
52.209-7, if included in this solicitation);
(C) ARE NOT presently indicted for, or
otherwise criminally or civilly charged by a
governmental entity with, commission of any of
FAR 52.209-5
Aug 2020
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the offenses enumerated in paragraph (a)(1)(i)(B)
of this provision.
(D) HAVE NOT, within a three-year period
preceding this offer, been notified of any
delinquent Federal Taxes in an amount that
exceeds the threshold at 9.104-5(a)(2) for which
the liability remains unsatisfied.
(1) Federal taxes are considered
delinquent if both of the following criteria
apply:
(i) The tax liability is finally
determined. The liability is finally
determined if it has been assessed.
A liability is not finally determined
if there is a pending administrative
or judicial challenge. In the case of
a judicial challenge to the liability,
the liability is not finally
determined until all judicial appeal
rights have been exhausted.
(ii) The taxpayer is delinquent in
making payment. A taxpayer is
delinquent if the taxpayer has
failed to pay the tax liability when
full payment was due and required.
A taxpayer is not delinquent in
cases where enforced collection
action is precluded.
(2) Examples:
(i) The taxpayer has received a
statutory notice of deficiency,
under I.R.C.6212, which entitles the
taxpayer to seek Tax Court review
of a proposed tax deficiency. This is
not a delinquent tax because it is
not a final tax liability. Should the
taxpayer seek Tax Court review,
this will not be a final tax liability
until the taxpayer has exercised all
judicial appeal rights.
(ii) The IRS has filed a notice of
Federal tax lien with respect to an
assessed tax liability, and the
taxpayer has been issued a notice
under I.R.C. 6320 entitling the
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taxpayer to request a hearing with
the IRS Office of Appeals contesting
the lien filing, and to further appeal
to the Tax Court if the IRS
determines to sustain the lien
filing. In the course of the hearing,
the taxpayer is entitled to contest
the underlying tax liability because
the taxpayer has had no prior
opportunity to contest the liability.
This is not a delinquent tax
because it is not a final tax liability.
Should the taxpayer seek tax court
review, this will not be a final tax
liability until the taxpayer has
exercised all judicial appeal rights.
(iii) The taxpayer has entered into
an installment agreement pursuant
to I.R.C.6159. The taxpayer is
making timely payments and is in
full compliance with the agreement
terms. The taxpayer is not
delinquent because the taxpayer is
not currently required to make full
payment.
(iv) The taxpayer has filed for
bankruptcy protection. The
taxpayer is not delinquent because
enforced collection action is stayed
under 11 U.S.C 362 (the Bankruptcy
Code).
(ii) The Offeror , HAS NOT, within a three-year period
preceding this offer, had one or more contracts
terminated for default by any Federal agency.
(2) "Principal," for the purposes of this certification, means an
officer, director, owner, partner, or a person having primary
management or supervisory responsibilities within a business
entity (e.g., general manager; plant manager; head of a
division or business segment; and similar positions).This
Certification Concerns a Matter Within the Jurisdiction of an
Agency of the United States and the Making of a False,
Fictitious, or Fraudulent Certification May Render the Maker
Subject to Prosecution Under Section 1001, Title 18, United
States Code.
(b) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
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learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered in
connection with a determination of the Offeror's responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed
that which is normally possessed by a prudent person in the ordinary
course of business dealings.
(e) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making
award. If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract
resulting from this solicitation for default.
(End of Provision)
Representation by Corporations Regarding Delinquent Tax
Liability or a Felony Conviction under any Federal Law
(a) As required by sections 744 and 745 of Division E of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract
with any corporation that-
(1) Has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding
agency is aware of the unpaid tax liability, unless an agency
has considered suspension or debarment of the corporation
and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless an agency
has considered suspension or debarment of the corporation
FAR 52.209-11
Feb 2016
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and made a determination that this action is not necessary to
protect the interests of the Government.
(b) The Offeror represents that-
(1) It IS NOT a corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability; and
(2) It IS NOT a corporation that was convicted of a felony
criminal violation under a Federal law within the preceding 24
months.
(End of Provision)
Offeror Representations and Certifications - Commercial Products and
Commercial Services
The NAICS Codes you selected on the Goods and Services page of this
registration are listed in the table under 52.212-3(c). Those NAICS Codes for
which you are identified as small serve to complete the small business
concern representation in 52.212-3(c)(1).
You are certifying to your size status for all the NAICS codes in the table.
Please review it carefully. The Y/N answers are located in the "Small
Business?" column. A "Y" indicates "Small" and "N" indicates "Other than
Small." This status is derived from the SBA's size standards based on the size
metrics you entered.
The Offeror shall complete only paragraph (b) of this provision if the Offeror
has completed the annual representations and certifications electronically in
the System for Award Management (SAM) accessed through
https://www.sam.gov. If the Offeror has not completed the annual
representations and certifications electronically, the Offeror shall complete
only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision-
"Covered telecommunications equipment or services" has the
meaning provided in the clause 52.204-25, Prohibition on Contracting
for Certain Telecommunications and Video Surveillance Services or
Equipment.
"Economically disadvantaged women-owned small business
(EDWOSB) concern" means a small business concern that is at least 51
percent directly and unconditionally owned by, and the management
and daily business operations of which are controlled by, one or more
women who are citizens of the United States and who are
economically disadvantaged in accordance with 13 CFR part 12713
FAR 52.212-3
Dec 2022
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CFR part 127, and the concern is certified by SBA or an approved
third-party certifier in accordance with 13 CFR 127.300. It
automatically qualifies as a women-owned small business eligible
under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the
menace of any penalty for its nonperformance and for which
the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a
contract the enforcement of which can be accomplished by
process or penalties.
"Highest-level owner" means the entity that owns or controls an
immediate owner of the offeror, or that owns or controls one or more
entities that control an immediate owner of the offeror. No entity
owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has
direct control of the offeror. Indicators of control include, but are not
limited to, one or more of the following: ownership or interlocking
management, identity of interests among family members, shared
facilities and equipment, and the common use of employees.
"Inverted domestic corporation", means a foreign incorporated entity
that meets the definition of an inverted domestic corporation under 6
U.S.C. 395(b), applied in accordance with the rules and definitions of 6
U.S.C. 395(c).
"Manufactured end product" means any end product in product and
service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry
Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is
assembled out of components, or otherwise made or processed from
raw materials into the finished product that is to be provided to the
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Government. If a product is disassembled and reassembled, the place
of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and
includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-
25, Prohibition on Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan
that include power production activities, mineral extraction activities,
oil-related activities, or the production of military equipment, as
those terms are defined in the Sudan Accountability and Divestment
Act of 2007 (Pub. L. 110-174). Restricted business operations do not
include business operations that the person (as that term is defined in
Section 2 of the Sudan Accountability and Divestment Act of 2007)
conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with
the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the
Office of Foreign Assets Control in the Department of the
Treasury, or are expressly exempted under Federal law from
the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized
populations of Sudan;
(4) Consist of providing goods or services to an internationally
recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to
promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"-
(1) Means hardware, software, telecommunications
equipment, or any other technology that is to be used
specifically-
(i) To restrict the free flow of unbiased information in
Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of
the people of Iran; and
(2) Does not include information or informational materials the
export of which the President does not have the authority to
regulate or prohibit pursuant to section 203(b)(3) of the
International Emergency Economic Powers Act (50 U.S.C.
1702(b)(3)).
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"Service - disabled veteran - owned small business concern"
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or
more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of the
stock of which is owned by one or more service-disabled
veterans; and
(ii) The management and daily business operations of
which are controlled by one or more service-disabled
veterans or, in the case of a service-disabled veteran
with permanent and severe disability, the spouse or
permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38
U.S.C. 101(2), with a disability that is service-connected, as
defined in 38 U.S.C. 101(16).
"Small business concern"
(1) Means a concern, including its affiliates, that is
independently owned and operated, not dominant in its field
of operation, and qualified as a small business under the
criteria in 13 CFR part 121 and size standards in this
solicitation.
(2) Affiliates as used in this definition, means business
concerns, one of whom directly or indirectly controls or has the
power to control the others, or a third party or parties control
or have the power to control the others. In determining
whether affiliation exists, consideration is given to all
appropriate factors including common ownership, common
management, and contractual relationships. SBA determines
affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern", consistent with 13 CFR
124.1002, means a small business concern under the size standard
applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as
defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at 13
CFR 124.103) and economically disadvantaged (as
defined at 13 CFR 124.104) individuals who are citizens
of the United States; and
(ii) Each individual claiming economic disadvantage has
a net worth not exceeding $750,000 after taking into
account the applicable exclusions set forth at 13 CFR
124.104(c)(2); and
(2) The management and daily business operations of which
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are controlled (as defined at 13.CFR 124.106) by individuals,
who meet the criteria in paragraphs (1)(i) and (ii) of this
definition.
"Subsidiary" means an entity in which more than 50 percent of the
entity is owned
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by
acquiring the assets and carrying out the affairs of the predecessor
under a new name (often through acquisition or merger). The term
"successor" does not include new offices/divisions of the same
company or a company that only changes its name. The extent of the
responsibility of the successor for the liabilities of the predecessor
may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business
concern
(1) Not less than 51 percent of which is owned by one or more
veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any
publicly owned business, not less than 51 percent of the stock
of which is owned by one or more veterans; and
(2) The management and daily business operations of which
are controlled by one or more veterans.
"Women-owned small business (WOSB) concern eligible under the
WOSB Program" (in accordance with 13 CFR part 127), means a small
business concern that is at least 51 percent directly and
unconditionally owned by, and themanagement and daily business
operations of which are controlled by, one or more women who are
citizens of the United States, and the concern is certified by SBA or an
approved third-party certifier in accordance with 13 CFR 127.300.
"Women-owned small business concern" means a small business
concern-
(1) That is at least 51 percent owned by one or more women;
or, in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more women;
and
(2) Whose management and daily business operations are
controlled by one or more women.
(b)
(1) Annual Representations and Certifications. Any changes provided
by the Offeror in paragraph (b)(2) of this provision do not
automatically change the representations and certifications in SAM.
(2) The Offeror has completed the annual representations and
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certifications electronically in SAM accessed through
https://www.sam.gov. After reviewing SAM information, the Offeror
verifies by submission of this offer that the representations and
certifications currently posted electronically at FAR 52.212-3, Offeror
Representations and Certifications-Commercial Items, have been
entered or updated in the last 12 months, are current, accurate,
complete, and applicable to this solicitation (including the business
size standard applicable to the NAICS code referenced for this
solicitation), at the time this offer is submitted and are incorporated
in this offer by reference (see FAR 4.1201), except for paragraphs
______________.
[Offeror to identify the applicable paragraphs at (c) through (v) of this
provision that the offeror has completed for the purposes of this
solicitation only, if any.
These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete as
of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation
only, and do not result in an update to the representations and
certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting
contract is for supplies to be delivered or services to be performed in the
United States or its outlying areas, or when the contracting officer has
applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
236220
Commercial and
Institutional
Building
Construction
$45,000,000 N
237130
Power and
Communication
Line and Related
Structures
Construction
$45,000,000 N
237310
Highway, Street,
and Bridge
Construction
$45,000,000 N
238990
All Other Specialty
Trade Contractors
1 $19,000,000 N
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
238990
Building and
Property Specialty
Trade Services
2 $19,000,000 N
313210
Broadwoven
Fabric Mills
1000 Y
314910
Textile Bag and
Canvas Mills
500 Y
314994
Rope, Cordage,
Twine, Tire Cord,
and Tire Fabric
Mills
1000 Y
314999
All Other
Miscellaneous
Textile Product
Mills
550 Y
315210
Cut and Sew
Apparel
Contractors
750 Y
315990
Apparel
Accessories and
Other Apparel
Manufacturing
600 Y
316110
Leather and Hide
Tanning and
Finishing
800 Y
316210
Footwear
Manufacturing
1000 Y
321992
Prefabricated
Wood Building
Manufacturing
500 Y
322230
Stationery
Product
Manufacturing
750 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
322291
Sanitary Paper
Product
Manufacturing
1500 Y
322299
All Other
Converted Paper
Product
Manufacturing
500 Y
325120
Industrial Gas
Manufacturing
1200 Y
325211
Plastics Material
and Resin
Manufacturing
1250 Y
325320
Pesticide and
Other Agricultural
Chemical
Manufacturing
1150 Y
325412
Pharmaceutical
Preparation
Manufacturing
1300 Y
325611
Soap and Other
Detergent
Manufacturing
1100 Y
325612
Polish and Other
Sanitation Good
Manufacturing
900 Y
325620
Toilet Preparation
Manufacturing
1250 Y
325920
Explosives
Manufacturing
750 Y
Photographic
Film, Paper, Plate,
Chemical, and
Copy Toner
325992 1500 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
Manufacturing
325998
All Other
Miscellaneous
Chemical Product
and Preparation
Manufacturing
650 Y
326111
Plastics Bag and
Pouch
Manufacturing
750 Y
326140
Polystyrene Foam
Product
Manufacturing
1000 Y
326199
All Other Plastics
Product
Manufacturing
750 Y
326220
Rubber and
Plastics Hoses and
Belting
Manufacturing
800 Y
327331
Concrete Block
and Brick
Manufacturing
500 Y
331420
Copper Rolling,
Drawing,
Extruding, and
Alloying
1050 Y
331491
Nonferrous Metal
(except Copper
and Aluminum)
Rolling, Drawing,
and Extruding
900 Y
332216
Saw Blade and
Handtool
Manufacturing
750 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
332311
Prefabricated
Metal Building and
Component
Manufacturing
750 Y
332439
Other Metal
Container
Manufacturing
600 Y
332510
Hardware
Manufacturing
750 Y
332722
Bolt, Nut, Screw,
Rivet, and Washer
Manufacturing
600 Y
332812
Metal Coating,
Engraving (except
Jewelry and
Silverware), and
Allied Services to
Manufacturers
600 Y
332913
Plumbing Fixture
Fitting and Trim
Manufacturing
1000 Y
332991
Ball and Roller
Bearing
Manufacturing
1250 Y
332992
Small Arms
Ammunition
Manufacturing
1300 Y
332994
Small Arms,
Ordnance, and
Ordnance
Accessories
Manufacturing
1000 Y
All Other
Miscellaneous
332999 750 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
Fabricated Metal
Product
Manufacturing
333111
Farm Machinery
and Equipment
Manufacturing
1250 Y
333112
Lawn and Garden
Tractor and Home
Lawn and Garden
Equipment
Manufacturing
1500 Y
333120
Construction
Machinery
Manufacturing
1250 Y
333310
Commercial and
Service Industry
Machinery
Manufacturing
1000 Y
333413
Industrial and
Commercial Fan
and Blower and
Air Purification
Equipment
Manufacturing
500 Y
333415
Air-Conditioning
and Warm Air
Heating
Equipment and
Commercial and
Industrial
Refrigeration
Equipment
Manufacturing
1250 Y
Cutting Tool and
Machine Tool
Accessory
333515 500 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
Manufacturing
333517
Machine Tool
Manufacturing
500 Y
333912
Air and Gas
Compressor
Manufacturing
1000 Y
333923
Overhead
Traveling Crane,
Hoist, and
Monorail System
Manufacturing
1250 Y
333924
Industrial Truck,
Tractor, Trailer,
and Stacker
Machinery
Manufacturing
900 Y
333991
Power-Driven
Handtool
Manufacturing
950 Y
333992
Welding and
Soldering
Equipment
Manufacturing
1250 Y
333995
Fluid Power
Cylinder and
Actuator
Manufacturing
800 Y
334111
Electronic
Computer
Manufacturing
1250 Y
334210
Telephone
Apparatus
Manufacturing
1250 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
334220
Radio and
Television
Broadcasting and
Wireless
Communications
Equipment
Manufacturing
1250 Y
334290
Other
Communications
Equipment
Manufacturing
800 Y
334310
Audio and Video
Equipment
Manufacturing
750 Y
334419
Other Electronic
Component
Manufacturing
750 Y
334510
Electromedical
and
Electrotherapeutic
Apparatus
Manufacturing
1250 Y
334511
Search, Detection,
Navigation,
Guidance,
Aeronautical, and
Nautical System
and Instrument
Manufacturing
1350 Y
334512
Automatic
Environmental
Control
Manufacturing for
Residential,
Commercial, and
Appliance Use
650 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
334514
Totalizing Fluid
Meter and
Counting Device
Manufacturing
850 Y
334515
Instrument
Manufacturing for
Measuring and
Testing Electricity
and Electrical
Signals
750 Y
334516
Analytical
Laboratory
Instrument
Manufacturing
1000 Y
334519
Other Measuring
and Controlling
Device
Manufacturing
600 Y
335210
Small Electrical
Appliance
Manufacturing
1500 Y
335220
Major Household
Appliance
Manufacturing
1500 Y
335312
Motor and
Generator
Manufacturing
1250 Y
335313
Switchgear and
Switchboard
Apparatus
Manufacturing
1250 Y
335931
Current-Carrying
Wiring Device
Manufacturing
600 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
336212
Truck Trailer
Manufacturing
1000 Y
336214
Travel Trailer and
Camper
Manufacturing
1000 Y
336390
Other Motor
Vehicle Parts
Manufacturing
1000 Y
336411
Aircraft
Manufacturing
1500 Y
336412
Aircraft Engine
and Engine Parts
Manufacturing
1500 Y
336413
Other Aircraft
Parts and Auxiliary
Equipment
Manufacturing
1250 Y
336611
Ship Building and
Repairing
1300 Y
336999
All Other
Transportation
Equipment
Manufacturing
1000 Y
337215
Showcase,
Partition,
Shelving, and
Locker
Manufacturing
500 Y
337910
Mattress
Manufacturing
1000 Y
Surgical and
Medical
Instrument
339112 1000 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
Manufacturing
339113
Surgical Appliance
and Supplies
Manufacturing
800 Y
339114
Dental Equipment
and Supplies
Manufacturing
750 Y
339115
Ophthalmic Goods
Manufacturing
1000 Y
339920
Sporting and
Athletic Goods
Manufacturing
750 Y
339940
Office Supplies
(except Paper)
Manufacturing
750 Y
339991
Gasket, Packing,
and Sealing
Device
Manufacturing
600 Y
339994
Broom, Brush, and
Mop
Manufacturing
750 Y
339999
All Other
Miscellaneous
Manufacturing
550 Y
423910
Sporting and
Recreational
Goods and
Supplies Merchant
Wholesalers
500 Y
Nonscheduled
Chartered
Passenger Air
481211 1500 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
Transportation
481212
Nonscheduled
Chartered Freight
Air Transportation
1500 Y
488190
Other Support
Activities for Air
Transportation
$40,000,000 N
488510
Freight
Transportation
Arrangement
1 $20,000,000 N
488510
Non Vessel
Owning Common
Carriers and
Household Goods
Forwarders
2 $34,000,000 N
488991
Packing and
Crating
$34,000,000 N
488999
All Other Support
Activities for
Transportation
$25,000,000 N
491110 Postal Service $9,000,000 N
493110
General
Warehousing and
Storage
$34,000,000 N
493190
Other
Warehousing and
Storage
$36,500,000 N
541512
Computer
Systems Design
Services
$34,000,000 N
Process, Physical
Distribution, and
541614 $20,000,000 N
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business?
Logistics
Consulting
Services
541620
Environmental
Consulting
Services
$19,000,000 N
541690
Other Scientific
and Technical
Consulting
Services
$19,000,000 N
561210
Facilities Support
Services
$47,000,000 N
561499
All Other Business
Support Services
$21,500,000 N
561910
Packaging and
Labeling Services
$19,500,000 N
611430
Professional and
Management
Development
Training
$15,000,000 N
611519
Other Technical
and Trade Schools
1 $21,000,000 N
611519 Job Corps Centers 2 $47,000,000 N
611699
All Other
Miscellaneous
Schools and
Instruction
$16,500,000 N
(1) Small business concern. The offeror represents as part of its offer
that-
(i) It IS , a small business concern; or
(ii) It , IS NOT a small business joint venture that complies
with the requirements of 13 CFR 121.103(h) and 13 CFR
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125.8(a)and (b).
[The offeror shall enter the name and unique entity identifier of
each party to the joint venture: ____.]
(2) Veteran-owned small business concern. [Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.] The offeror represents as part of its offer that
it , IS NOT a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern.
[Complete only if the offeror represented itself as a veteran-owned
small business concern in paragraph (c)(2) of this provision.] The
offeror represents as part of its offer that-
(i) It is, is not a service-disabled veteran-owned small
business concern; or
(ii) It is, is not a joint venture that complies with the
requirements of 13 CFR 125.18(b)(1) and (2).
[The offeror shall enter the name and unique entity identifier of
each party to the joint venture: ____.] Each service disabled
veteran-owned small business concern participating in the
joint venture shall provide representation of its service
disabled veteran-owned small business concern status.
(4) Small disadvantaged business concern. [Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.] The offeror represents, that it , IS NOT a
small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.] The offeror represents that it , IS NOT a
women-owned small business concern.
(6) WOSB joint venture eligible under the WOSB Program. The offeror
represents that it , IS NOT a joint venture that complies with the
requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each
party to the joint venture: ____.]
(7) Economically disadvantaged women-owned small business
(EDWOSB) joint venture. The offeror represents that it , IS NOT a
joint venture that complies with the requirements of 13 CFR
127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each
party to the joint venture: ____.]
(8) Women-owned business concern (other than small business
concern). [Complete only if the offeror is a women-owned business
concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it is a
women-owned business concern.
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(9) Tie bid priority for labor surplus area concerns. If this is an
invitation for bid, small business offerors may identify the labor
surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors)
amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of
this provision.] The offeror represents as part of its offer, that-
(i) It IS NOT a HUBZone small business concern listed, on
the date of this representation, as having been certified by SBA
as a HUBZone small business concern in the Dynamic Small
Business Search and SAM, and will attempt to maintain an
employment rate of HUBZone residents of 35 percent of its
employees during performance of a HUBZone contract (see 13
CFR 126.200(e)(1)); and
(ii) It IS NOT a HUBZone joint venture that complies with the
requirements of 13 CFR 126.616(a) through (c). [ The offeror
shall enter the name and unique entity identifier of each party
to the joint venture: ____.] Each HUBZone small business
concern participating in the HUBZone joint venture shall
provide representation of its HUBZone status.
(d) Representations required to implement provisions of Executive Order
11246-
(1) Previous contracts and compliance. The offeror represents that-
(i) It HAS participated in a previous contract or subcontract
subject to the Equal Opportunity clause of this solicitation; and
(ii) It HAS filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that-
(i) It HAS DEVELOPED AND HAS ON FILE, It at each
establishment, affirmative action programs required by rules
and regulations of the Secretary of Labor (41 cfr parts 60-1 and
60-2), or
(ii) It has not previously had contracts subject to the written
affirmative action programs requirement of the rules and
regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31
U.S.C. 1352).(Applies only if the contract is expected to exceed $150,000.) By
submission of its offer, the offeror certifies to the best of its knowledge and
belief that no Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress or
an employee of a Member of Congress on his or her behalf in connection with
the award of any resultant contract. If any registrants under the Lobbying
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Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror
with respect to this contract, the offeror shall complete and submit, with its
offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide
the name of the registrants. The offeror need not report regularly employed
officers or employees of the offeror to whom payments of reasonable
compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition
Regulation (FAR)52.225-1, Buy American-Supplies, is included in this
solicitation.)
(1)
(i) The Offeror certifies that each end product and that each
domestic end product listed in paragraph (f)(3) of this
provision contains a critical component, except those listed in
paragraph (f)(2) of this provision, is a domestic end product.
(ii) The Offeror shall list as foreign end products those end
products manufactured in the United States that do not qualify
as domestic end products. For those foreign end products that
do not consist wholly or predominantly of iron or steel or a
combination of both, the Offeror shall also indicate whether
these foreign end products exceed 55 percent domestic
content, except for those that are COTS items. If the
percentage of the domestic content is unknown, select
(iii) The Offeror shall separately list the line item numbers of
domestic end products that contain a critical component (see
FAR 25.105).
(iv) The terms "commercially available off-the-shelf (COTS)
item," "critical component," "domestic end product," "end
product," "foreign end product," and "United States" are
defined in the clause of this solicitation entitled "Buy
American-Supplies."
(2) Foreign End Products: (blank)
[List as necessary]
(3) Domestic end products containing a critical component:
Line Item No. ___
[List as necessary]
(4) The Government will evaluate offers in accordance with the
policies and procedures of FAR part25.
(g)
(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate.
(Applies only if the clause at FAR 52.225-3, Buy American-Free Trade
Agreements-Israeli Trade Act, is included in this solicitation.)
(i)
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(A) The Offeror certifies that each end product, except
those listed in paragraph (g)(1)(ii) or (iii) of this
provision, is a domestic end product and that each
domestic end product listed in paragraph (g)(1)(iv) of
this provision contains a critical component.
(B) The terms "Bahrainian, Moroccan, Omani,
Panamanian, or Peruvian end product," "commercially
available off-the-shelf (COTS) item," "critical
component," "domestic end product," "end product,"
"foreign end product," "Free Trade Agreement country,"
"Free Trade Agreement country end product," "Israeli
end product," and "United States" are defined in the
clause of this solicitation entitled "Buy American-Free
Trade Agreements-Israeli Trade Act."
(ii) The Offeror certifies that the following supplies are Free
Trade Agreement country end products (other than
Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
products) or Israeli end products as defined in the clause of
this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act."Free Trade Agreement Country
End Products (Other than Bahrainian, Moroccan, Omani,
Panamanian, or Peruvian End Products) or Israeli End Products
as defined in the clause of this solicitation entitled "Buy
American-Free Trade Agreements-Israeli Trade Act":
[List as necessary]
(iii) The Offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (g)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled
"Buy American-Free Trade Agreements-Israeli Trade Act." The
Offeror shall list as other foreign end products those end
products manufactured in the United States that do not qualify
as domestic end products. For those foreign end products that
do not consist wholly or predominantly of iron or steel or a
combination of both, the Offeror shall also indicate whether
these foreign end products exceed 55 percent domestic
content, except for those that are COTS items. If the
percentage of the domestic content is unknown, select
(iv) The Offeror shall list the line item numbers of domestic end
products that contain a critical component (see FAR 25.105).
Line Item No. ___
[List as necessary]
(v) The Government will evaluate offers in accordance with the
policies and procedures of FAR part25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate,
Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in
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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 Israeli end
products as defined in the clause of this solicitation entitled
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate,
Alternate III. If Alternate III to the clause at 52.225-3 is included in this
solicitation, substitute the following paragraph (g)(1)(ii) for paragraph
(g)(1)(ii) of the basic provision:The offeror certifies that the following
supplies are Free Trade Agreement country end products (other than
Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end
products) or Israeli end products as defined in the clause of this
solicitation entitled "Buy American-Free Trade Agreements-Israeli
Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian,
Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or
Israeli End Products: (blank)
[List as necessary]
(4) Trade Agreements Certificate. (Applies only if the clause at FAR
52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those
listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or
designated country end product, as defined in the clause of
this solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end
products that are not U.S.-made or designated country end
products.
Other End Products: (blank)
[List as necessary]
(iii) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part25. For line items covered
by the WTO GPA, the Government will evaluate offers of U.S.-
made or designated country end products without regard to
the restrictions of the Buy American statute. The Government
will consider for award only offers of U.S.-made or designated
country end products unless the Contracting Officer
determines that there are no offers for such products or that
the offers for such products are insufficient to fulfill the
requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order
12689).(Applies only if the contract value is expected to exceed the simplified
acquisition threshold.) The offeror certifies, to the best of its knowledge and
belief, that the offeror and/or any of its principals-
(1) ARE NOT presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any
Federal agency;
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(2) HAVE NOT , within a three-year period preceding this offer,
been convicted of or had a civil judgment rendered against them for:
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a Federal, state or
local government contract or subcontract; violation of Federal or
state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, violating
Federal criminal tax laws,or receiving stolen property;
(3) ARE NOT presently indicted for, or otherwise criminally or civilly
charged by a Government entity with, commission of any of these
offenses enumerated in paragraph (h)(2) of this clause; and
(4) HAVE NOT within a three-year period preceding this offer, been
notified of any delinquent Federal taxes in an amount that exceeds
the threshold at 9.104-5(a)(2) for which the liability remains
unsatisfied.
(i) Taxes are considered delinquent if both of the following
criteria apply:
(A) The tax liability is finally determined. The liability is
finally determined if it has been assessed. A liability is
not finally determined if there is a pending
administrative or judicial challenge. In the case of a
judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have
been exhausted.
(B) The taxpayer is delinquent in making payment. A
taxpayer is delinquent if the taxpayer has failed to pay
the tax liability when full payment was due and
required. A taxpayer is not delinquent in cases where
enforced collection action is precluded.
(ii) Examples:
(A) The taxpayer has received a statutory notice of
deficiency, under I.R.C.6212, which entitles the taxpayer
to seek Tax Court review of a proposed tax deficiency.
This is not a delinquent tax because it is not a final tax
liability. Should the taxpayer seek Tax Court Review, this
will not be a final tax liability under the taxpayer has
exercised all judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with
respect to an assessed tax liability, and the taxpayer has
been issued a notice under I.R.C.6320 entitling the
taxpayer to request a hearing with the IRS Office of
Appeals contesting the lien filing, and to further appeal
to the Tax Court if the IRS determines to sustain the lien
filing. In the course of the hearing, the taxpayer is
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entitled to contest the underlying tax liability because
the taxpayer has had no prior opportunity to contest the
liability. This is not a delinquent tax because it is not a
final tax liability. Should the taxpayer seek tax court
review, this will not be a final tax liability until the tax
payer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment
agreement pursuant to I.R.C.6159. The taxpayer is
making timely payments and is in full compliance with
the agreement terms. The taxpayer is not delinquent
because the taxpayer is not currently required to make
full payment.
(D) The taxpayer has filed for bankruptcy protection.
The taxpayer is not delinquent because enforced
collection action is stayed under II U. S. C 362 (the
Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products
(Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1)
any end products being acquired under this solicitation that are included in
the List of Products Requiring Contractor Certification as to Forced or
Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed end products.
Listed End
Product
Listed Countries of Origin
Bamboo Burma
Beans (green, soy,
yellow)
Burma
Brazil
Nuts/Chestnuts
Bolivia
Bricks
Afghanistan, Burma, Cambodia,
China, India, Nepal, Pakistan
Carpets Nepal, Pakistan
Cassiterite (tin ore) Democratic Republic of the Congo
Cattle South Sudan
Coal Pakistan
Coca (stimulant
plant)
Colombia
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Listed End
Product
Listed Countries of Origin
Cocoa Cote d'Ivoire, Nigeria
Coffee Cote d'Ivoire
Coltan Democratic Republic of the Congo
Cotton
Benin, Burkina Faso, China,
Tajikistan
Cottonseed (hybrid) India
Diamonds Sierra Leone
Dried Fish Bangladesh
Electronics China
Embellished
Textiles
India, Nepal
Fish (Including
Talapia)
Ghana
Garments
Argentina, India, Thailand,
Vietnam
Gold
Burkina Faso, Democratic Republic
of the Congo
Granite Nigeria
Gravel (crushed
stones)
Nigeria
Pornography Russia
Rice Burma, India, Mali
Rubber Burma
Shrimp Thailand
Stones India, Nepal
Sugarcane Bolivia, Burma
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Listed End
Product
Listed Countries of Origin
Teak Burma
Textiles (hand-
woven)
Ethiopia
Tilapia (fish) Ghana
Tobacco Malawi
Toys China
Wolframite
(tungsten ore)
Democratic Republic of the Congo
(2) Certification. [If the Contracting Officer has identified end products
and countries of origin in paragraph (i)(1) of this provision, then the
offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the
appropriate block.]
(i) The offeror will not supply any end product listed in
paragraph (i)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that
product.
(ii) The offeror may supply an end product listed in
paragraph (i)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that
product. The offeror certifies that it has made a good faith
effort to determine whether forced or indentured child labor
was used to mine, produce, or manufacture any such end
product furnished under this contract. On the basis of those
efforts, the offeror certifies that it is not aware of any such use
of child labor.
(j) Place of Manufacture (Does not apply unless the solicitation is
predominantly for the acquisition of manufactured end products.) For
statistical purposes only, the offeror shall indicate whether the place of
manufacture of the end products it expects to provide in response to this
solicitation is predominantly-
FSC Code In/Outside US
7460 US
5110 US
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FSC Code In/Outside US
1095 US
4240 US
1305 US
5411 US
5133 US
1365 US
3920 US
7420 US
8430 US
6840 US
7540 US
7490 US
2320 US
7510 US
7530 US
5120 US
5855 US
7520 US
9310 US
6850 US
8445 US
6515 US
(1) In the United States (Check this box if the total anticipated price
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of offered end products manufactured in the United States exceeds
the total anticipated price of offered end products manufactured
outside the United States); or
(2) Outside the United States.
(k) Certificates regarding exemptions from the application of the Service
Contract Labor Standards(Certification by the offeror as to its compliance
with respect to the contract also constitutes its certification as to
compliance by its subcontractor if it subcontracts out the exempt services.)
[The contracting officer is to check a box to indicate if paragraph (k)(1) or
(k)(2) applies.]
(1) Maintenance, calibration, or repair of certain equipment as
described in FAR 22.1003-4(c)(1). The offeror DOES NOT certify that
__
(i) The items of equipment to be serviced under this contract
are used regularly for other than Governmental purposes and
are sold or traded by the offeror (or subcontractor in the case
of an exempt subcontract) in substantial quantities to the
general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are
based on, established catalog or market prices (see FAR
22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of
such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all
service employees performing work under the contract will be
the same as that used for these employees and equivalent
employees servicing the same equipment of commercial
customers.
(2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ,
DOES NOT certify that __
(i) The services under the contract are offered and sold
regularly to non-Governmental customers, and are provided by
the offeror (or subcontractor in the case of an exempt
subcontract) to the general public in substantial quantities in
the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or
are based on, established catalog or market prices (see FAR
22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under
the contract will spend only a small portion of his or her time (a
monthly average of less than 20 percent of the available hours
on an annualized basis, or less than 20 percent of available
hours during the contract period if the contract period is less
than a month) servicing the Government contract; and
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(iv) The compensation (wage and fringe benefits) plan for all
service employees performing work under the contract is the
same as that used for these employees and equivalent
employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies ___
(i) If the offeror does not certify to the conditions in paragraph
(k)(1) or (k)(2) and the Contracting Officer did not attach a
Service Contract Labor Standards wage determination to the
solicitation, the offeror shall notify the Contracting Officer as
soon as possible; and
(ii) The Contracting Officer may not make an award to the
offeror if the offeror fails to execute the certification in
paragraph (k)(1) or (k)(2) of this clause or to contact the
Contracting Officer as required in paragraph (k)(3)(i) of this
clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not
applicable if the offeror is required to provide this information to SAM to be
eligible for award.)
(1) All offerors must submit the information required in paragraphs
(l)(3) through (l)(5) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing
regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on
any delinquent amounts arising out of the offeror's relationship with
the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR
4.904, the TIN provided hereunder may be matched with IRS records
to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
* TIN on file.
* TIN has been applied for.
*TIN is not required because:
* Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have
an office or place of business or a fiscal paying agent in the United
States;
* Offeror is an agency or instrumentality of a foreign government;
* Offeror is an agency or instrumentality of the Federal
Government.
(4) Type of organization.
* sole proprietorship;
* Partnership;
* Corporate entity (not tax-exempt);
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* Corporate entity (tax-exempt);
* Government entity (Federal, State, or local);
* Foreign government;
* International organization per 26 CFR 1.6049-4;
* Other (blank)
(5) Common parent.
* Offeror is not owned or controlled by a common parent as
defined in paragraph (a) of this provision.
* Name: (blank)
TIN: (blank)
(m) Restricted business operations in Sudan. By submission of its offer, the
offeror certifies that the offeror does not conduct any restricted business
operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations.
(1) Government agencies are not permitted to use appropriated (or
otherwise made available) funds for contracts with either an inverted
domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the
requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. the offeror represents that-
(i) It IS NOT an inverted domestic corporation; and
(ii) It IS NOT a subsidiary of an inverted domestic
corporation.
(o) Prohibition on contracting with entities engaging in certain activities or
transactions relating to Iran.
(1) The offeror shall 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 paragraph (o)(3) of this provision, by
submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the
offeror does not export any sensitive technology to the
government of Iran or any entities or individuals owned or
controlled by, or acting on behalf or at the direction of, the
government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled
by the offeror, does not engage in any activities for which
sanctions may be imposed under section 5 of the Iran
Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or
controlled by the offeror, does not knowingly engage in any
transaction that exceeds the threshold at FAR 25.703-2(a)(2)
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with Iran's Revolutionary Guard Corps or any of its officials,
agents, or affiliates, the property and interests in property of
which are blocked pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's
Specially Designated Nationals and Blocked Persons List at
https://www.treasury.gov/resource-center/sanctions/SDN-
List/Pages/default.aspx).
(3) The representation and certification requirements of paragraph
(o)(2) of this provision do not apply if-
(i) This solicitation includes a trade agreements certification
(e.g., 52.212-3(g) or a comparable agency provision); and
(ii) The offeror has certified that all the offered products to be
supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is
a requirement to be registered in SAM or a requirement to have a unique
entity identifier in the solicitation.)
(1) The Offeror represents that it DOES NOT have an immediate
owner. If the Offeror has more than one immediate owner (such as a
joint venture), then the Offeror shall respond to paragraph (c) and if
applicable, paragraph (d) of this provision for each participant in the
joint venture.*
(2) If the Offeror indicates "has" in paragraph (b) of this provision,
enter the following information:
Immediate owner CAGE code: (blank)
Immediate owner legal name: (blank)
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity? Yes
No
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision,
indicating that the immediate owner is owned or controlled by
another entity, then enter the following information:
Highest-level owner CAGE code: ___
Highest-level owner legal name: (blank)
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law.
(1) As required by sections 744 and 745 of Division E of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L.113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract
with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely
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manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding
agency is aware of the unpaid tax liability, unless an agency
has considered suspension or debarment of the corporation
and made a determination that suspension or debarment is
not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless an agency
has considered suspension or debarment of the corporation
and made a determination that this action is not necessary to
protect the interests of the Government.
(2) The Offeror represents that-
(i) It IS NOT a corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability; and
(ii) It IS NOT a corporation that was convicted of a felony
criminal violation under a Federal law within the preceding 24
months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the
provision at 52.204-16, Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it IS NOT a successor to a
predecessor that held a Federal contract or grant within the last three
years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision,
enter the following information for all predecessors that held a
Federal contract or grant within the last three years(if more than one
predecessor, list in reverse chronological order):
Predecessor CAGE Code: (blank)
(or mark "Unknown").
Predecessor legal name: (blank)
(Do not use a "doing business as" name)
(s) Reserved.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals.
Applies in all solicitations that require offerors to register in SAM
(12.301(d)(1)).
(1) This representation shall be completed if the Offeror received $7.5
million or more in contract awards in the prior Federal fiscal year. The
representation is optional if the Offeror received less than $7.5 million
in Federal contract awards in the prior Federal fiscal year.
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(2) Representation. [Offeror to check applicable block(s) in paragraph
(t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or
highest-level owner) does does not publicly disclose
greenhouse gas emissions, i.e., makes available on a publicly
accessible Web site the results of a greenhouse gas inventory,
performed in accordance with an accounting standard with
publicly available and consistently applied criteria, such as the
Greenhouse Gas Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or
highest-level owner) does does not publicly disclose a
quantitative greenhouse gas emissions reduction goal, i.e.,
make available on a publicly accessible Web site a target to
reduce absolute emissions or emissions intensity by a specific
quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own
Web site or a recognized, third-party greenhouse gas emissions
reporting program.
(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of
this provision, respectively, the Offeror shall provide the publicly
accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:
(blank)
(u)
(1) In accordance with section 743 of Division E, Title VII, of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions), Government
agencies are not permitted to use appropriated (or otherwise made
available) funds for contracts with an entity that requires employees
or subcontractors of such entity seeking to report waste, fraud, or
abuse to sign internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors
from lawfully reporting such waste, fraud, or abuse to a designated
investigative or law enforcement representative of a Federal
department or agency authorized to receive such information.
(2) The prohibition in paragraph (u)(1) of this provision does not
contravene requirements applicable to Standard Form 312 (Classified
Information Nondisclosure Agreement), Form 4414 (Sensitive
Compartmented Information Nondisclosure Agreement), or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents
that it will not require its employees or subcontractors to sign or
comply with internal confidentiality agreements or statements
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prohibiting or otherwise restricting such employees or subcontractors
from lawfully reporting waste, fraud, or abuse related to the
performance of a Government contract to a designated investigative
or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the
Inspector General).
(v) Covered Telecommunications Equipment or Services - Representation.
Section 889(a)(1) and Section 889(a)(1)(B) of Public Law 115-232.
(1) The Offeror shall review the list of excluded parties in the System
for Award Management (SAM) (https://www.sam.gov) for entities
excluded from receiving federal awards for "covered
telecommunications equipment or services".
(2) The Offeror represents that-
(i) It DOES NOT provide covered telecommunications
equipment or services as a part of its offered products or
services to the Government in the performance of any contract,
subcontract, or other contractual instrument.
(ii) After conducting a reasonable inquiry for purposes of this
representation, the offeror represents that it , DOES NOT
use covered telecommunications equipment or services, or any
equipment, system, or service that uses covered
telecommunications equipment or services.
Alternate I (Oct 2014)
As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of
this provision.)
Black American.
Hispanic American.
Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia,
Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea,
The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of
Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao,
Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan,
Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
Individual/concern, other than one of the preceding.
(End of Provision)
Place of Performance-Sealed Bidding
(a) The bidder, in the performance of any contract resulting from this
FAR 52.214-14
Apr 1985
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solicitation, , DOES NOT INTEND [check applicable box] to use one
or more plants or facilities located at a different address from the
address of the bidder as indicated in this bid.
(b) If the bidder checks "intends" in paragraph (a) of this provision, it
shall insert in the spaces provided below the required information:
Name and Address of Owner and Operator of the Plant or Facility if
Other than Bidder
(End of Provision)
FAR 52.215-6
Oct 1997
Place of Performance
(a) The offeror or respondent, in the performance of any contract
resulting from this solicitation, DOES NOT INTEND [check
applicable block] to use one or more plants or facilities located at a
different address from the address of the offeror or respondent as
indicated in this proposal or response to request for information.
(b) If the offeror or respondent checks "intends" in paragraph (a) of
this provision, it shall insert in the following spaces the required
information:
Name and Address of Owner and Operator of the Plant or Facility if
Other than Bidder
(End of Provision)
Small Business Program Representations
The NAICS Codes you selected on the Goods and Services page of this
registration are listed in the table under 52.219-1(c). Those NAICS Codes for
which you are identified as small serve to complete the small business
concern representation in 52.219-1(c)(1).
You are certifying to your size status for all the NAICS codes in the table.
Please review it carefully. The Y/N answers are located in the "Small
Business?" column. A "Y" indicates "Small" and "N" indicates "Other than
Small." This status is derived from the SBA's size standards based on the
size metrics you entered.
(a) Definitions. As used in this provision-
"Economically disadvantaged women owned small business
(EDWOSB) concern" means a small business concern that is at least
51 percent directly and unconditionally owned by, and the
management and daily business operations of which are controlled
by, one or more women who are citizens of the United States and
who are economically disadvantaged in accordance with 13 CFR part
127, and the concern is certified by SBA or an approved third-party
certifier in accordance with 13 CFR 127.300. It automatically qualifies
FAR 52.219-1
MAR 2023
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as a women-owned small business concern eligible under the WOSB
Program.
"Service-disabled veteran-owned small business concern"
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or
more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of
the stock of which is owned by one or more service-
disabled veterans; and
(ii) The management and daily business operations of
which are controlled by one or more service-disabled
veterans or, in the case of a service-disabled veteran
with permanent and severe disability, the spouse or
permanent caregiver of such veteran.
(2) "Service-disabled veteran" means a veteran, as defined in
38 U.S.C. 101(2), with a disability that is service-connected, as
defined in 38 U.S.C. 101(16).
"Small business concern"
(1) Means a concern, including its affiliates, that is
independently owned and operated, not dominant in its field
of operation, and qualified as a small business under the
criteria in 13 CFR part 121 and the size standard in paragraph
(b) of this provision.
(2) Affiliates as used in this definition, means business
concerns, one of whom directly or indirectly controls or has
the power to control the others, or a third party or parties
control or have the power to control the others. In
determining whether affiliation exists, consideration is given
to all appropriate factors including common ownership,
common management, and contractual relationships. SBA
determines affiliation based on the factors set forth at 13 CFR
121.103.
"Small disadvantaged business concern," consistent with 13 CFR
124.1002, means a small business concern under the size standard
applicable to the acquisition, that
(1) Is at least 51 percent unconditionally and directly owned
(as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at
13 CFR 124.103) and economically disadvantaged (as
defined at 13 CFR 124.104) individuals who are citizens
of the United States, and
(ii) Each individual claiming economic disadvantage
has a net worth not exceeding $750,000 after taking
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into account the applicable exclusions set forth at 13
CFR 124.104(c)(2); and
(2) The management and daily business operations of which
are controlled (as defined at 13 CFR 124.106) by individuals
who meet the criteria in paragraphs (1)(i) and (ii) of this
definition.
"Veteran-owned small business concern" means a small business
concern-
(1) Not less than 51 percent of which is owned by one or more
veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any
publicly owned business, not less than 51 percent of the stock
of which is owned by one or more veterans; and
(2) The management and daily business operations of which
are controlled by one or more veterans.
"Women-owned small business concern" means a small business
concern-
(1) That is at least 51 percent owned by one or more women;
or, in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more
women; and
(2) Whose management and daily business operations are
controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the
WOSB Program" (in accordance with 13 CFR part 127) means a small
business concern that is at least 51 percent directly and
unconditionally owned by, and the management and daily business
operations of which are controlled by, one or more women who are
citizens of the United States, and the concern is certified by SBA or
an approved third-party certifier in accordance with 13 CFR 127.300.
(b)
(1) The North American Industry Classification System (NAICS) code
for this acquisition is See Note.*
(2) The small business size standard is See Note.
(3) The small business size standard for a concern that submits an
offer, other than on a construction or service acquisition, but
proposes to furnish an end item that it did not itself manufacture,
process, or produce (i.e., nonmanufacturer), is 500 employees, or 150
employees for information technology value-added resellers under
NAICS code 541519, if the acquisition-
(i) Is set aside for small business and has a value above the
simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless
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of dollar value, unless the offeror waives the price evaluation
preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned,
economically disadvantaged women-owned, or women-
owned small business set-aside or sole-source award
regardless of dollar value.
(c) Representations
NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
236220
Commercial and
Institutional
Building
Construction
$45,000,000 N
237130
Power and
Communication
Line and Related
Structures
Construction
$45,000,000 N
237310
Highway, Street,
and Bridge
Construction
$45,000,000 N
238990
All Other Specialty
Trade Contractors
1 $19,000,000 N
238990
Building and
Property Specialty
Trade Services
2 $19,000,000 N
313210
Broadwoven
Fabric Mills
1000 Y
314910
Textile Bag and
Canvas Mills
500 Y
314994
Rope, Cordage,
Twine, Tire Cord,
and Tire Fabric
Mills
1000 Y
All Other
Miscellaneous
314999 550 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
Textile Product
Mills
315210
Cut and Sew
Apparel
Contractors
750 Y
315990
Apparel
Accessories and
Other Apparel
Manufacturing
600 Y
316110
Leather and Hide
Tanning and
Finishing
800 Y
316210
Footwear
Manufacturing
1000 Y
321992
Prefabricated
Wood Building
Manufacturing
500 Y
322230
Stationery
Product
Manufacturing
750 Y
322291
Sanitary Paper
Product
Manufacturing
1500 Y
322299
All Other
Converted Paper
Product
Manufacturing
500 Y
325120
Industrial Gas
Manufacturing
1200 Y
325211
Plastics Material
and Resin
Manufacturing
1250 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
325320
Pesticide and
Other Agricultural
Chemical
Manufacturing
1150 Y
325412
Pharmaceutical
Preparation
Manufacturing
1300 Y
325611
Soap and Other
Detergent
Manufacturing
1100 Y
325612
Polish and Other
Sanitation Good
Manufacturing
900 Y
325620
Toilet Preparation
Manufacturing
1250 Y
325920
Explosives
Manufacturing
750 Y
325992
Photographic
Film, Paper, Plate,
Chemical, and
Copy Toner
Manufacturing
1500 Y
325998
All Other
Miscellaneous
Chemical Product
and Preparation
Manufacturing
650 Y
326111
Plastics Bag and
Pouch
Manufacturing
750 Y
326140
Polystyrene Foam
Product
Manufacturing
1000 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
326199
All Other Plastics
Product
Manufacturing
750 Y
326220
Rubber and
Plastics Hoses and
Belting
Manufacturing
800 Y
327331
Concrete Block
and Brick
Manufacturing
500 Y
331420
Copper Rolling,
Drawing,
Extruding, and
Alloying
1050 Y
331491
Nonferrous Metal
(except Copper
and Aluminum)
Rolling, Drawing,
and Extruding
900 Y
332216
Saw Blade and
Handtool
Manufacturing
750 Y
332311
Prefabricated
Metal Building and
Component
Manufacturing
750 Y
332439
Other Metal
Container
Manufacturing
600 Y
332510
Hardware
Manufacturing
750 Y
332722
Bolt, Nut, Screw,
Rivet, and Washer
Manufacturing
600 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
332812
Metal Coating,
Engraving (except
Jewelry and
Silverware), and
Allied Services to
Manufacturers
600 Y
332913
Plumbing Fixture
Fitting and Trim
Manufacturing
1000 Y
332991
Ball and Roller
Bearing
Manufacturing
1250 Y
332992
Small Arms
Ammunition
Manufacturing
1300 Y
332994
Small Arms,
Ordnance, and
Ordnance
Accessories
Manufacturing
1000 Y
332999
All Other
Miscellaneous
Fabricated Metal
Product
Manufacturing
750 Y
333111
Farm Machinery
and Equipment
Manufacturing
1250 Y
333112
Lawn and Garden
Tractor and Home
Lawn and Garden
Equipment
Manufacturing
1500 Y
Construction
Machinery
333120 1250 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
Manufacturing
333310
Commercial and
Service Industry
Machinery
Manufacturing
1000 Y
333413
Industrial and
Commercial Fan
and Blower and
Air Purification
Equipment
Manufacturing
500 Y
333415
Air-Conditioning
and Warm Air
Heating
Equipment and
Commercial and
Industrial
Refrigeration
Equipment
Manufacturing
1250 Y
333515
Cutting Tool and
Machine Tool
Accessory
Manufacturing
500 Y
333517
Machine Tool
Manufacturing
500 Y
333912
Air and Gas
Compressor
Manufacturing
1000 Y
333923
Overhead
Traveling Crane,
Hoist, and
Monorail System
Manufacturing
1250 Y
Industrial Truck,
333924 900 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
Tractor, Trailer,
and Stacker
Machinery
Manufacturing
333991
Power-Driven
Handtool
Manufacturing
950 Y
333992
Welding and
Soldering
Equipment
Manufacturing
1250 Y
333995
Fluid Power
Cylinder and
Actuator
Manufacturing
800 Y
334111
Electronic
Computer
Manufacturing
1250 Y
334210
Telephone
Apparatus
Manufacturing
1250 Y
334220
Radio and
Television
Broadcasting and
Wireless
Communications
Equipment
Manufacturing
1250 Y
334290
Other
Communications
Equipment
Manufacturing
800 Y
334310
Audio and Video
Equipment
Manufacturing
750 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
334419
Other Electronic
Component
Manufacturing
750 Y
334510
Electromedical
and
Electrotherapeutic
Apparatus
Manufacturing
1250 Y
334511
Search, Detection,
Navigation,
Guidance,
Aeronautical, and
Nautical System
and Instrument
Manufacturing
1350 Y
334512
Automatic
Environmental
Control
Manufacturing for
Residential,
Commercial, and
Appliance Use
650 Y
334514
Totalizing Fluid
Meter and
Counting Device
Manufacturing
850 Y
334515
Instrument
Manufacturing for
Measuring and
Testing Electricity
and Electrical
Signals
750 Y
334516
Analytical
Laboratory
Instrument
Manufacturing
1000 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
334519
Other Measuring
and Controlling
Device
Manufacturing
600 Y
335210
Small Electrical
Appliance
Manufacturing
1500 Y
335220
Major Household
Appliance
Manufacturing
1500 Y
335312
Motor and
Generator
Manufacturing
1250 Y
335313
Switchgear and
Switchboard
Apparatus
Manufacturing
1250 Y
335931
Current-Carrying
Wiring Device
Manufacturing
600 Y
336212
Truck Trailer
Manufacturing
1000 Y
336214
Travel Trailer and
Camper
Manufacturing
1000 Y
336390
Other Motor
Vehicle Parts
Manufacturing
1000 Y
336411
Aircraft
Manufacturing
1500 Y
336412
Aircraft Engine
and Engine Parts
Manufacturing
1500 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
336413
Other Aircraft
Parts and Auxiliary
Equipment
Manufacturing
1250 Y
336611
Ship Building and
Repairing
1300 Y
336999
All Other
Transportation
Equipment
Manufacturing
1000 Y
337215
Showcase,
Partition,
Shelving, and
Locker
Manufacturing
500 Y
337910
Mattress
Manufacturing
1000 Y
339112
Surgical and
Medical
Instrument
Manufacturing
1000 Y
339113
Surgical Appliance
and Supplies
Manufacturing
800 Y
339114
Dental Equipment
and Supplies
Manufacturing
750 Y
339115
Ophthalmic Goods
Manufacturing
1000 Y
339920
Sporting and
Athletic Goods
Manufacturing
750 Y
Office Supplies
339940 750 Y
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
(except Paper)
Manufacturing
339991
Gasket, Packing,
and Sealing
Device
Manufacturing
600 Y
339994
Broom, Brush, and
Mop
Manufacturing
750 Y
339999
All Other
Miscellaneous
Manufacturing
550 Y
423910
Sporting and
Recreational
Goods and
Supplies Merchant
Wholesalers
500 Y
481211
Nonscheduled
Chartered
Passenger Air
Transportation
1500 Y
481212
Nonscheduled
Chartered Freight
Air Transportation
1500 Y
488190
Other Support
Activities for Air
Transportation
$40,000,000 N
488510
Freight
Transportation
Arrangement
1 $20,000,000 N
Non Vessel
Owning Common
Carriers and
Household Goods
488510 2 $34,000,000 N
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
Forwarders
488991
Packing and
Crating
$34,000,000 N
488999
All Other Support
Activities for
Transportation
$25,000,000 N
491110 Postal Service $9,000,000 N
493110
General
Warehousing and
Storage
$34,000,000 N
493190
Other
Warehousing and
Storage
$36,500,000 N
541512
Computer
Systems Design
Services
$34,000,000 N
541614
Process, Physical
Distribution, and
Logistics
Consulting
Services
$20,000,000 N
541620
Environmental
Consulting
Services
$19,000,000 N
541690
Other Scientific
and Technical
Consulting
Services
$19,000,000 N
561210
Facilities Support
Services
$47,000,000 N
561499
All Other Business
Support Services
$21,500,000 N
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NAICS
Code
Name
NAICS
Exception
Size
Standard
Small
Business
561910
Packaging and
Labeling Services
$19,500,000 N
611430
Professional and
Management
Development
Training
$15,000,000 N
611519
Other Technical
and Trade Schools
1 $21,000,000 N
611519 Job Corps Centers 2 $47,000,000 N
611699
All Other
Miscellaneous
Schools and
Instruction
$16,500,000 N
(1) The offeror represents as part of its offer that-
(i) It IS a small business concern; or
(ii) It IS NOT a small business joint venture that complies
with the requirements of 13 CFR 121.103(h) and 13 CFR
125.8(a)and (b). [The offeror shall enter the name and unique
entity identifier of each party to the joint venture: ____.]
(2) [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror represents,
that it IS NOT a small disadvantaged business concern as defined
in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror represents
as part of its offer that it IS NOT a women-owned small business
concern. (See Below)
(4) Women-owned small business (WOSB) joint venture eligible
under the WOSB Program. The offeror represents as part of its offer
that it IS NOT a joint venture that complies with the requirements
of 13 CFR 127.506(a) through (c). [The offeror shall enter the name
and unique entity identifier of each party to the joint venture: ____.]
(5) Economically disadvantaged women-owned small business
(EDWOSB) joint venture. The offeror represents as part of its offer
that it IS NOT a joint venture that complies with the requirements
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of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name
and unique entity identifier of each party to the joint venture: ____.]
(6) [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror represents
as part of its offer that it IS NOT a veteran-owned small business
concern.
(7) [Complete only if the offeror represented itself as a veteran-
owned small business concern in paragraph (c)(6) of this provision.]
The offeror represents as part of its offer that-
(i) It is, is not a service-disabled veteran-owned small
business concern; or
(ii) It is, is not a service-disabled veteran-owned joint
venture that complies with the requirements of 13 CFR
125.18(b)(1) and (2). [The offeror shall enter the name and
unique entity identifier of each party to the joint venture:
____.] Each service-disabled veteran-owned small business
concern participating in the joint venture shall provide
representation of its service-disabled veteran-owned small
business concern status.
(8) [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror represents,
as part of its offer, that-
(i) It IS NOT a HUBZone small business concern listed, on
the date of this representation, as having been certified by
SBA as a HUBZone small business concern in the Dynamic
Small Business Search and SAM, and will attempt to maintain
an employment rate of HUBZone residents of 35 percent of its
employees during performance of a HUBZone contract (see
13 CFR 126.200(e)(1)); and
(ii) It IS NOT a HUBZone joint venture that complies with
the requirements of 13 CFR 126.616(a) through (c). [ The
offeror shall enter the name and unique entity identifier of
each party to the joint venture: ____.] Each HUBZone small
business concern participating in the HUBZone joint venture
shall provide representation of its HUBZone status.
(d) Notice. Under 15 U.S.C.645(d), any person who misrepresents a firm's
status as a business concern that is small, HUBZone small, small
disadvantaged, service-disabled veteran-owned small, economically
disadvantaged women-owned small, or women-owned small eligible under
the WOSB Program in order to obtain a contract to be awarded under the
preference programs established pursuant to section 8, 9, 15, 31, and 36 of
the Small Business Act or any other provision of Federal law that specifically
references section 8(d) for a definition of program eligibility, shall-
(1) Be punished by imposition of fine, imprisonment, or both;
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(2) Be subject to administrative remedies, including suspension and
debarment; and
(3) Be ineligible for participation in programs conducted under the
authority of the Act.
Alternate I (Sept 2015)
As prescribed in 19.309(a)(2), add the following paragraph (c)(9) to the basic provision:
(9) [Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this
provision.] The offeror shall check the category in which its ownership falls:
Black American.
Hispanic American.
Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia,
Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea,
The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of
Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao,
Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan,
Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
Individual/concern, other than one of the preceding.
Alternate II (MAR 2023)
As prescribed in 19.309(a)(3), substitute the following paragraphs (b) and (c)(1) for paragraphs (b)
and (c)(1) of the basic provision:
(b)
(1) The North American Industry Classification System (NAICS) codes and corresponding size
standards for this acquisition are as follows; the categories or portions these NAICS codes
are assigned to are specified elsewhere in the solicitation:
NAICS Code Size Standard
[Contracting Officer to insert NAICS codes and size standards].
(2) The small business size standard for a concern that submits an offer, other than on a
construction or service acquisition, but proposes to furnish an end item that it did not itself
manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150
employees for information technology value-added resellers under NAICS code 541519, if
the acquisition-
(i) Is set aside for small business and has a value above the simplified acquisition
threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless
the offeror waives the price evaluation preference; or
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(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically
disadvantaged women-owned, or women-owned small business set-aside or sole-
source award regardless of dollar value.
(c) Representations.
(1) The Offeror shall represent its small business size status for each one of the NAICS codes
assigned to this acquisition under which it is submitting an offer.
NAICS Code Small Business Concern (Yes/No)
[Contracting Officer to insert NAICS codes.]
(End of Provision)
FAR 52.219-2
Oct 1995
Equal Low Bids
(a) This provision applies to small business concerns only
(b) The bidder's status as a labor surplus area (LSA) concern may
affect entitlement to award in case of tie bids. If the bidder wishes to
be considered for this priority, the bidder must identify, in the
following space, the LSA in which the costs to be incurred on account
of manufacturing or production (by the bidder or the first-tier
subcontractors) amount to more than 50 percent of the contract
price.
(c) Failure to identify the labor surplus areas as specified in paragraph
(b) of this provision will preclude the bidder from receiving priority
consideration. If the bidder is awarded a contract as a result of
receiving priority consideration under this provision and would not
have otherwise received award, the bidder shall perform the contract
or cause the contract to be performed in accordance with the
obligations of an LSA concern.
(End of Provision)
Certification Regarding Knowledge of Child Labor for Listed End
Products
(a) Definition:
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under
the menace of any penalty for its nonperformance and
for which the worker does not offer himself voluntarily;
or
(2) Performed by any person under the age of 18
FAR 52.222-18
Feb 2021
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pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
(b) Listed end products. The following end product(s) being acquired
under this solicitation is (are) included in the List of Products
Requiring Contractor Certification as to Forced or Indentured Child
Labor, identified by their country of origin. There is a reasonable basis
to believe that listed end products from the listed countries of origin
may have been mined, produced, or manufactured by forced or
indentured child labor.
Listed End
Product
Listed Countries of Origin
Bamboo Burma
Beans (green, soy,
yellow)
Burma
Brazil
Nuts/Chestnuts
Bolivia
Bricks
Afghanistan, Burma, Cambodia,
China, India, Nepal, Pakistan
Carpets Nepal, Pakistan
Cassiterite (tin ore) Democratic Republic of the Congo
Cattle South Sudan
Coal Pakistan
Coca (stimulant
plant)
Colombia
Cocoa Cote d'Ivoire, Nigeria
Coffee Cote d'Ivoire
Coltan Democratic Republic of the Congo
Cotton
Benin, Burkina Faso, China,
Tajikistan
Cottonseed (hybrid) India
Diamonds Sierra Leone
Dried Fish Bangladesh
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Listed End
Product
Listed Countries of Origin
Electronics China
Embellished
Textiles
India, Nepal
Fish (Including
Talapia)
Ghana
Garments
Argentina, India, Thailand,
Vietnam
Gold
Burkina Faso, Democratic Republic
of the Congo
Granite Nigeria
Gravel (crushed
stones)
Nigeria
Pornography Russia
Rice Burma, India, Mali
Rubber Burma
Shrimp Thailand
Stones India, Nepal
Sugarcane Bolivia, Burma
Teak Burma
Textiles (hand-
woven)
Ethiopia
Tilapia (fish) Ghana
Tobacco Malawi
Toys China
Wolframite
(tungsten ore)
Democratic Republic of the Congo
(c) Certification. The Government will not make award to an offeror
unless the offeror, by checking the appropriate block, certifies to
either paragraph (c)(1) or paragraph (c)(2) of this provision
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(1) The offeror will not supply any end product listed in
paragraph (b) of this provision that was mined, produced, or
manufactured in a corresponding country as listed for that end
product.
(2) The offeror may supply an end product listed in
paragraph (b) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that
product. The offeror certifies that it has made a good faith
effort to determine whether forced or indentured child labor
was used to mine, produce, or manufacture such end product.
On the basis of those efforts, the offeror certifies that it is not
aware of any such use of child labor.
(End of Provision)
FAR 52.222-22
Feb 1999
Previous Contracts and Compliance Reports
The offeror represents that-
(a) It HAS participated in a previous contract or subcontract
subject the Equal Opportunity clause of this solicitation;
(b) It HAS filed all required compliance reports; and
(c) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.
(End of Provision)
FAR 52.222-25
Apr 1984
Affirmative Action Compliance
The offeror represents that-
(a) It HAS DEVELOPED AND HAS ON FILE, at each establishment,
affirmative action programs required by the rules and regulations of
the Secretary of Labor (41 CFR 60-1 and 60-2); or
(b) It has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations
of the Secretary of Labor.
(End of Provision)
Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment-Certification
FAR 52.222-48
May 2014
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(a) The offeror shall check the following certification:
Certification
The offeror DOES NOT CERTIFY that -
(1) The items of equipment to be serviced under this contract
are used regularly for other than Government purposes, and
are sold or traded by the offeror (or subcontractor in the case
of an exempt subcontractor) in substantial quantities to the
general public in the course of normal business operations;
(2) The services will be furnished at prices which are, or are
based on, established catalog or market prices for the
maintenance, calibration, or repair of equipment.
(i) An "established catalog price" is a price included in a
catalog, price list, schedule, or other form that is
regularly maintained by the manufacturer or the
offeror, is either published or otherwise available for
inspection by customers, and states prices at which
sales currently, or were last, made to a significant
number of buyers constituting the general public.
(ii) An "established market price" is a current price,
established in the usual course of trade between buyers
and sellers free to bargain, which can be substantiated
from sources independent of the manufacturer or
offeror; and
(3) The compensation (wage and fringe benefits) plan for all
service employees performing work under the contract are the
same as that used for these employees and equivalent
employees servicing the same equipment of commercial
customers.
(b) Certification by the offeror as to its compliance with respect to the
contract also constitutes its certification as to compliance by its
subcontractor if it subcontracts out the exempt services. If the offeror
certifies to the conditions in paragraph (a) of this provision, and the
Contracting Officer determines in accordance with FAR 22.1003-
4(c)(3) that the Service Contract Labor Standards statute-
(1) Will not apply to this offeror, then the Service Contract
Labor Standards clause in this solicitation will not be included
in any resultant contract to this offeror; or
(2) Will apply to this offeror, then the clause at 52.222-51,
Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair
of Certain Equipment-Requirements, in this solicitation will not
be included in any resultant contract awarded to this offeror,
and the offeror may be provided an opportunity to submit a
new offer on that basis.
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(c) If the offeror does not certify to the conditions in paragraph (a) of
this provision-
(1) The clause in this solicitation at 52.222-51, Exemption from
Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain
Equipment-Requirements, will not be included in any resultant
contract awarded to this offeror; and
(2) The offeror shall notify the Contracting Officer as soon as
possible, if the Contracting Officer did not attach a Service
Contract Labor Standards wage determination to the
solicitation.
(d) The Contracting Officer may not make an award to the offeror, if
the offeror fails to execute the certification in paragraph (a) of this
provision or to contact the Contracting Officer as required in
paragraph (c) of this provision.
(End of Provision)
Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services-Certification
(a) The offeror shall check the following certification:
Certification
The offeror DOES NOT certify that -
(1) The services under the contract are offered and sold
regularly to non-Governmental customers, and are provided
by the offeror (or subcontractor in the case of an exempt
subcontract) to the general public in substantial quantities in
the course of normal business operations;
(2) The contract services are furnished at prices that are, or are
based on, established catalog or market prices. An
"established catalog price" is a price included in a catalog,
price list, schedule, or other form that is regularly maintained
by the manufacturer or the offeror, is either published or
otherwise available for inspection by customers, and states
prices at which sales currently, or were last, made to a
significant number of buyers constituting the general public.
An "established market price" is a current price, established in
the usual course of ordinary and usual trade between buyers
and sellers free to bargain, which can be substantiated from
sources independent of the manufacturer or offeror;
(3) Each service employee who will perform the services under
the contract will spend only a small portion of his or her time (a
monthly average of less than 20 percent of the available hours
on an annualized basis, or less than 20 percent of available
FAR 52.222-52
May 2014
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hours during the contract period if the contract period is less
than a month) servicing the Government contract; and
(4) The offeror uses the same compensation (wage and fringe
benefits) plan for all service employees performing work under
the contract as the offeror uses for these employees and for
equivalent employees servicing commercial customers.
(b) Certification by the offeror as to its compliance with respect to the
contract also constitutes its certification as to compliance by its
subcontractor if it subcontracts out the exempt services. If the offeror
certifies to the conditions in paragraph (a) of this provision, and the
Contracting Officer determines in accordance with FAR 22.1003-
4(d)(3) that the Service Contract Labor Standards statute-
(1) Will not apply to this offeror, then the Service Contract
Labor Standards clause in this solicitation will not be included
in any resultant contract to this offeror; or
(2) Will apply to this offeror, then the clause at FAR 52.222-53,
Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services-Requirements, in
this solicitation will not be included in any resultant contract
awarded to this offer, and the offeror may be provided an
opportunity to submit a new offer on that basis.
(c) If the offeror does not certify to the conditions in paragraph (a) of
this provision-
(1) The clause of this solicitation at 52.222-53, Exemption from
Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements, will not be
included in any resultant contract to this offeror; and
(2) The offeror shall notify the Contracting Officer as soon as
possible if the Contracting Officer did not attach a Service
Contract Labor Standards wage determination to the
solicitation.
(d) The Contracting Officer may not make an award to the offeror, if
the offeror fails to execute the certification in paragraph (a) of this
provision or to contact the Contracting Officer as required in
paragraph (c) of this provision.
(End of Provision)
Recovered Material Certification
As required by the Resource Conservation and Recovery Act of 1976 (42
U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the
percentage of recovered materials content for EPA-designated items to be
delivered or used in the performance of the contract will be at least the
FAR 52.223-4
May 2008
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amount required by the applicable contract specifications or other
contractual requirements.
NOBLE SUPPLY & LOGISTICS, LLC
certifies compliance with 52.223-4
(End of Provision)
FAR 52.223-9
May 2008
Estimate of Percentage of Recovered Material Content for EPA-
Designated Items (Alternate I)
Alternate I (May 2008)
As prescribed in 23.406(d), redesignate paragraph (b) of the basic clause as paragraph (c) and add
the following paragraph (b) to the basic clause:
(b) The Contractor shall execute the following certification required by the Resource Conservation
and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):
Certification
I, James Campbell(name of certifier), am an officer or employee responsible for the
performance of this contract and hereby certify that the percentage of recovered material content
for EPA-designated items met the applicable contract specifications or other contractual
requirements.
Submission of this record serves as the signature for this Certification
[Signature of the Officer or Employee]
James Campbell
[Typed Name of the Officer or Employee]
[Title]
NOBLE SUPPLY & LOGISTICS, LLC
(Doing Business As: (blank))
[Name of Company, Firm, or Organization]
Wed Jan 31 14:04:20 EST 2024
[Date]
(End of Provision)
Public Disclosure of Greenhouse Gas Emissions and Reduction
Goals-Representation
As prescribed in 23.804(b), insert the following provision:
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-
Representation (Dec 2016)
(a) This representation shall be completed if the Offeror received $7.5
FAR 52.223-22
Dec 2016
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million or more in Federal contract awards in the prior Federal fiscal
year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(b) Representation [Offeror is to check applicable blocks in
paragraphs (b)(1) and (2).]
(1) The Offeror (itself or through its immediate owner or
highest-level owner) does, does not publicly disclose
greenhouse gas emissions, i.e., makes available on a publicly
accessible Web site the results of a greenhouse gas inventory,
performed in accordance with an accounting standard with
publicly available and consistently applied criteria, such as the
Greenhouse Gas Protocol Corporate Standard.
(2) The Offeror (itself or through its immedaite owner or
highest-level owner) does, does not publicly disclose a
quantitative greenhouse emissions reduction goal, i.e., make
available on a publicly accessible Web site a target to reduce
absolute emissions or emissions intensity by a specific
quantity or percentage.
(3) A publicly accessible Web site includes the Offeror's own
Web site or a recognized, third-party greenhouse gas emissions
reporting program.
(c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this
provision, respectively, the Offeror shall provide the publicly
accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:
(blank)
(End of Provision)
Buy American Certificate
(a)
(1) The Offeror certifies that each end product, except those
listed in paragraph (b) of this provision, is a domestic end
product and that each domestic end product listed in
paragraph (c) of this provision contains a critical component.
(2) The Offeror shall list as foreign end products those end
products manufactured in the United States that do not qualify
as domestic end products. For those foreign end products that
do not consist wholly or predominantly of iron or steel or a
combination of both, the Offeror shall also indicate whether
these foreign end products exceed 55 percent domestic
content, except for those that are COTS items. If the
percentage of the domestic content is unknown, select
FAR 52.225-2
OCT 2022
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(3) The Offeror shall separately list the line item numbers of
domestic end products that contain a critical component (see
FAR 25.105).
(4) The terms "commercially available off-the-shelf (COTS)
item," "critical component," "domestic end product," "end
product," and "foreign end product," are defined in the clause
of this solicitation entitled "Buy American-Supplies."
(b) Foreign End Products: (blank)
[List as necessary]
(c) Domestic end products containing a critical component:
Line Item No. ___
[List as necessary]
(d) The Government will evaluate offers in accordance with the
policies and procedures of part25 of the Federal Acquisition
Regulation.
(End of Provision)
Buy American-Free Trade Agreements-Israeli Trade Act Certificate
(a)
(1) The Offeror certifies that each end product, except those
listed in paragraph (b) or (c)(1) of this provision, is a domestic
end product and that each domestic end product listed in
paragraph (c)(2) of this provision contains a critical
component.
(2) The terms "Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian end product," "commercially available off-the-shelf
(COTS) item," "critical component," "domestic end product,"
"end product," "foreign end product," "Free Trade Agreement
country," "Free Trade Agreement country end product,"
"Israeli end product," and "United States" are defined in the
clause of this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act."
(b) The offeror certifies that the following supplies are Free Trade
Agreement country end products (other than Bahrainian, Moroccan,
Omani, Panamanian, or Peruvian end products) or Israeli end
products as defined in the clause of this solicitation entitled "Buy
American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products(Other than Bahrainian,
Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli
End Products: (blank)
[List as necessary]
FAR 52.225-4
OCT 2022
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(c)
(1) The Offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (b) of this
provision) as defined in the clause of this solicitation entitled
"Buy American-Free Trade Agreements-Israeli Trade Act." The
Offeror shall list as other foreign end products those end
products manufactured in the United States that do not qualify
as domestic end products. For those foreign end products that
do not consist wholly or predominantly of iron or steel or a
combination of both, the Offeror shall also indicate whether
these foreign end products exceed 55 percent domestic
content, except for those that are COTS items. If the
percentage of the domestic content is unknown, select
(2) The Offeror shall list the line item numbers of domestic end
products that contain a critical component (see FAR 25.105).
Line Item No. ___
[List as necessary]
(d) The Government will evaluate offers in accordance with the
policies and procedures of Part 25 of the Federal Acquisition
Regulation.
Alternate I [Reserved]
Alternate II (DEC 2022)
As prescribed in 25.1101(b)(2)(ii), substitute the following paragraph (b) for paragraph (b) of the
basic provision:
(b) The offeror certifies that the following supplies are Israeli end products as defined in the clause
of this solicitation entitled
"Buy American—Free Trade Agreements—Israeli Trade Act—Balance of Payments Program":
Israeli End Products:
[List as necessary]
Alternate III (Feb 2021)
As prescribed in25.1101(b)(2)(iii), substitute the following paragraph (b) for paragraph (b) of the
basic provision:
(b) The offeror certifies that the following supplies are Free Trade Agreement country end products
(other than Bahrainian,Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade
Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani,
Panamanian, or Peruvian End Products) or Israeli End Products:
[List as necessary]
(End of Provision)
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FAR 52.225-6
Feb 2021
Trade Agreements Certificate
(a) The offeror certifies that each end product, except those listed in
paragraph (b) of this provision, is a U.S.-made,or designated country,
end product, as defined in the clause of this solicitation entitled
"Trade Agreements."
(b) The offeror shall list as other end products those supplies that are
not U.S.-made, or designated country, end products. Other End
Products: (blank)
(c) The Government will evaluate offers in accordance with the
policies and procedures of Part 25 of the Federal Acquisition
Regulation. For line items covered by the WTO GPA,the Government
will evaluate offers of U.S.-made, or designated country, end products
without regard to the restrictions of the Buy American statute. The
Government will consider for award only offers of U.S.-made, or
designated country, end products unless the Contracting Officer
determines that there are no offers for those products or that the
offers for those products are insufficient to fulfill the requirements of
this solicitation.
(End of Provision)
FAR 52.226-2
Oct 2014
Historically Black College or University and Minority Institution
Representation
(a) Definitions. As used in this provision-
"Historically black college or university" means an institution
determined by the Secretary of Education to meet the
requirements of 34 CFR 608.2.
"Minority institution" means an institution of higher education
meeting the requirements of Section 365(3) of the Higher
Education Act of 1965 (20 U.S.C. 1067k), including a Hispanic-
serving institution of higher education, as defined in Section
502(a) of the Act (20 U.S.C. 1101a).
(b) Representation. The offeror represents that it-
IS NOT a historically black college or university;
IS NOT a minority institution.
(End of Provision)
Representation of Limited Rights Data and Restricted Computer
Software
(a) This solicitation sets forth the Government's known delivery
FAR 52.227-15
Dec 2007
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requirements for data (as defined in the clause at 52.227-14, Rights in
Data-General). Any resulting contract may also provide the
Government the option to order additional data under the Additional
Data Requirements clause at 52.227-16, if included in the contract.
Any data delivered under the resulting contract will be subject to the
Rights in Data-General clause at 52.227-14 included in this contract.
Under the latter clause, a Contractor may withhold from delivery data
that qualify as limited rights data or restricted computer software,
and deliver form, fit, and function data instead. The latter clause also
may be used with its Alternates II and or III to obtain delivery of
limited rights data or restricted computer software, marked with
limited rights or restricted rights notices, as appropriate. In addition,
use of Alternate V with this latter clause provides the Government the
right to inspect such data at the Contractor's facility.
(b) By completing the remainder of this paragraph, the offeror
represents that it has reviewed the requirements for the delivery of
technical data or computer software and states [offeror check
appropriate block]-
(1) None of the data proposed for fulfilling such
requirements qualifies as limited rights data or restricted
computer software; or
(2) Data proposed for fulfilling such requirements qualify as
limited rights data or restricted computer software and are
identified as follows:
(c) Any identification of limited rights data or restricted computer
software in the offeror's response is not determinative of the status of
the data should a contract be awarded to the offeror.
(End of Provision)
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